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On the accession of the Republic of Kazakhstan to the Agreement on the North-South International Transport Corridor

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On the accession of the Republic of Kazakhstan to the Agreement on the North-South International Transport Corridor

Law of the Republic of Kazakhstan dated July 4, 2003 No. 467

     The Republic of Kazakhstan to join the Agreement on the international transport corridor "North-South", signed in St. Petersburg on September 12, 2000.

    President of the Republic of Kazakhstan

Agreement* on the North-South International Transport Corridor

*(Entered into force on October 30, 2003 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 8, art. 45)

     The Government of the Russian Federation, the Government of the Republic of India, the Government of the Islamic Republic of Iran and the Government of the Sultanate of Oman, hereinafter referred to as the "Parties", wishing to maintain, develop and strengthen friendly relations and cooperation between them, realizing the growing interdependence of the countries regionally and globally, attaching great importance to the expansion and improvement of the effectiveness of foreign economic relations,       Recognizing the importance of existing transit transport arrangements for international trade and for accelerating the economic development of States, emphasizing its commitment to developing uninterrupted, timely and efficient movement of goods between them, as well as to and from other States, intending to further improve its transit transport regimes for passengers and goods based on existing experience and in accordance with international conventions and standards,       Making every effort to make proper use of the existing transport infrastructure and to transport passengers and goods along the North-South international transport corridor, we have agreed as follows:

Article 1 Definition

     For the purposes of this Agreement, the following terms mean: 1.1. "All modes of transport": transport infrastructure and vehicles providing transportation of passengers and goods by rail, sea, road, river and air. For India, it is a transport infrastructure and vehicles that currently provide transportation of goods only via sea routes.       1.2. "Cargo transportation" is a type of transportation service for the movement of goods while maintaining their physico-chemical properties and weight within the specified limits.       1.3. "Container" - a device for transportation:       - which is a fully or partially enclosed container intended for placing goods in it; - having a permanent character and, therefore, a sufficiently strong structure to serve for repeated use; - specially designed to facilitate the transportation of goods by one or more modes of transport without intermediate reloading of goods;       - designed in such a way that it can be easily loaded and unloaded and is convenient for handling, in particular, when moving from one vehicle to another; - having an internal volume of at least one cubic meter.       1.4. "Carrier" is a legal entity or individual who actually moves goods, or is responsible for using a vehicle that carries out international transportation of goods, passengers and their luggage in accordance with the national legislation of the States Parties along the North-South international transport corridor. 1.5. "Goods" means all types of goods transported in wagons, containers or those modes of transport that are not prohibited by the national legislation of the States Parties.       1.6. "International transit of goods" is the movement of goods under customs control through the territory of a Party, the point of dispatch and the point of delivery of which are located outside the territory of this state.       1.7. "International transportation" means the movement of passengers/goods by various modes of transport carried out on the territory of the States of at least two Parties to this Agreement.       1.8. An "international transport corridor" is a set of main transport communications (both existing and newly created) connecting the Parties, with the appropriate arrangement, as a rule, of various modes of transport providing transportation of passengers and goods in international traffic, in the direction of their greatest concentration.       1.9. "North-South International Transport Corridor - from India, Oman by sea, to and through Iran, the Caspian region, the Russian Federation and beyond, as well as in the opposite direction.       1.10. "Passenger" is a consumer of transportation services related to the movement of an individual by any type of transport who has concluded a transportation contract.       1.11. "Passenger transportation" is a type of transportation service for transporting individuals (passengers) by any type of transport.       1.12. "Relevant facilities" within the framework of the international transport corridor means checkpoints across the state border, customs posts, terminals, wagon group exchange stations, wheelset changing stations, railway, automobile and combined ferry crossings/ports, both existing and newly created, which are important for transportation along the international transport corridor "North- South".

Article 2 Objectives of the Agreement

     2.1. The objectives of this Agreement are:       a) improving the efficiency of transport links for the organization of transportation of passengers and goods along the North-South international transport corridor; b) facilitating access to the international market for rail, road, sea, river and air transport services of the States Parties to the Agreement; c) facilitating an increase in the volume of international transportation of passengers and goods;       d) ensuring the safety of movement of vehicles, the safety of goods and environmental protection in accordance with international standards; e) harmonization of transport policy, as well as legal regulation in the field of transport in order to implement this Agreement; f) creation of equal non-discriminatory access conditions for suppliers of transport services on various modes of transport when transporting passengers and goods in within the international transport corridor "North-South". 2.2. In accordance with the requirements specified in clause 2.1. The Parties shall make every effort to: a) reduce the time of transit transportation of passengers and goods through the territories of their States; b) minimize the cost of transit transportation; c) simplify and unify all administrative documentation and procedures (including customs) related to transit transportation of passengers and goods through their respective territories in accordance with accepted international agreements and standards.

Article 3 General provisions

     3.1. This Agreement regulates international and transit transportation of passengers and goods through the territories of the States Parties, performed by various modes of transport or in combination along routes determined by the Competent Authorities of the respective Parties.       3.2. For the purposes of this Agreement, the Competent authorities of the Parties are:       In the Republic of India, the Ministry of Land Transport (Department of Shipping) and the Ministry of Industry and Commerce (Department of Commerce);       In the Islamic Republic of Iran - Ministry of Roads and Transport;       In the Sultanate of Oman, the Ministry of Transport and Housing;       In the Russian Federation, the Ministry of Transport of the Russian Federation and the Ministry of Railways of the Russian Federation.       3.3. This Agreement must not contradict the national legislation of the Parties to this Agreement, and does not affect the rights and obligations of the Parties under other international agreements to which they are parties.

Article 4 Facilitating international transportation of passengers and goods

     4.1. Each Party grants the other Parties the right of international transit of passengers, goods and vehicles through the territory of its State on the terms stipulated by this Agreement.       4.2. The States Parties to this Agreement shall ensure effective assistance to the international transit of goods through the territory of their States.       4.3. The States Parties to this Agreement shall introduce a regime of multiple entry visas for personnel involved in international transit of goods and passengers in accordance with the procedures established by each of the relevant Parties.

Article 5 Taxes, fees and other payments

     5.1. Taxes, fees and other charges, regardless of their name or purpose, will not be levied in respect of transit transportation, except for the payment of transportation costs related to transportation, as well as payments for the use of transport infrastructure. Payment of transportation costs and other charges should be made on terms no less preferential than those provided by the Parties to other countries in respect of transit transportation of goods.       5.2. The Parties do not impose customs duties on goods in transit on the territory of their countries, with the exception of fees for customs clearance, storage and other similar services.

Article 6 The Coordinating Council

     6.1. The competent authorities of the Parties shall establish a Coordinating Council to regulate issues related to the implementation of this Agreement and the application of its provisions.       6.2. The Coordinating Council, consisting of the Competent Authorities of the Parties to this Agreement, at its first meeting, which must take place within six months from the date of entry into force of this Agreement, approves the Charter, which establishes the rules and procedures for its activities.       6.3. The Coordinating Council meets at least once a year, or at the request of either Party to this Agreement.

Article 7 Dispute resolution

7.1. Any disputes, disagreements or claims arising in connection with the application, interpretation, violation of this Agreement and which cannot be resolved through negotiations, are referred to the Coordinating Council for consideration and settlement.       7.2. Any disputes, disagreements or claims that cannot be resolved by the Coordinating Council are resolved by other means agreed upon by all Parties.

Article 8 The Depositary

     8.1. The Islamic Republic of Iran is the Depositary of this Agreement. The Depositary shall send certified copies of this Agreement to the Signatories.       8.2. The Depositary State shall inform the Parties of the accession of other States to this Agreement and of the termination of this Agreement in respect of any of the Parties.

Article 9 Ratification

     9.1. This Agreement is subject to ratification in accordance with the national requirements of the Parties. The instrument of ratification shall be deposited with the depositary State.

Article 10 Joining the Agreement

     10.1. This Agreement is open for accession by other States only with the consent of all Parties to this Agreement.       10.2. For the acceding State, the Agreement shall enter into force on the 30th day after the date of deposit of the instrument of accession with the depositary State. The acceding State shall notify the depositary State of its Competent Authorities in writing, after which the depositary State shall notify the Competent Authorities of the other Parties to this Agreement.

Article 11 Amendments and additions

     This Agreement may be amended and supplemented with the consent of the Competent Authorities of all Parties on the basis of procedures developed by the Coordinating Council.

Article 12 Period of validity

     12.1. This Agreement is valid for ten years from the date of its entry into force.       12.2. The term of this Agreement may be extended for the same period, unless the depositary State receives a notification to the contrary from any of the Parties that originally signed this Agreement at least six months before the expiration date of this Agreement.       12.3. This Agreement may be terminated on the territory of a State Party to this Agreement six months after that Party notifies the depositary State in writing of its intention to terminate it on its territory.       12.4. Obligations under agreements and other arrangements signed in accordance with the provisions of this Agreement remain in force even after its termination, until their full implementation.

Article 13 Entry into force

     13.1. This Agreement shall enter into force 30 days after the date of deposit by any three Parties to the depositary State of an instrument of ratification approved in accordance with the procedures provided for by national legislation.       13.2. For a Party that has completed domestic procedures later, this Agreement shall enter into force 30 days after the date of deposit of the instrument of ratification to the depositary State, approved in accordance with the procedures provided for by national legislation.

     Done in St. Petersburg on September 12, 2000, in a single copy in English and in the national languages of the Parties that originally signed this Agreement, all texts being equally authentic. The English text is used for interpretation purposes.       In witness whereof, the undersigned duly authorized representatives of the States Parties have signed this Agreement.

     For the Government       Of the Russian Federation

     For the Government of the Republic of India

     For the Government of the Islamic Republic

     For the Government of the Sultanate of Oman

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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