On the ratification of the Agreement between the Government of the RK and the Government of the Russian Federation on International Automobile Transport

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Law of the Republic of Kazakhstan dated January 8, 2004 No. 515

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on International Road Transport, signed in Omsk on April 15, 2003.

President of the Republic of Kazakhstan

Agreement * between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on International road Transport

*(Entered into force on March 4, 2004 - Bulletin of International Treaties of the Republic of Kazakhstan, 2004, No. 10, art. 62)

The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Contracting Parties, desiring to develop, on the basis of reciprocity, automobile passenger and freight traffic between the States of the Contracting Parties and transit through their territories, as well as desiring to facilitate this communication, have agreed as follows:

Article 1

In accordance with this Agreement, regular and irregular transportation of passengers and cargo between the States of the Contracting Parties and in transit through their territories, as well as to (from) third countries by motor vehicles registered in the Republic of Kazakhstan or the Russian Federation is carried out.

Article 2

The terms used in this Agreement mean the following: a) "competent authorities": In the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan, and with respect to paragraph 2 of Article 12, also the Ministry of Internal Affairs of the Republic of Kazakhstan; in the Russian Federation, the Ministry of Transport of the Russian Federation, and with respect to paragraph 1 of Article 7 and paragraph 2 of Article 12, also the Ministry of Internal Affairs of the Russian Federation. In the event of a change in the competent authorities referred to in this paragraph, the names of the new competent authorities shall be transmitted to the other Contracting Party through diplomatic channels. b) "carrier" means any natural or legal person registered in the territory of a State of one of the Contracting Parties and authorized in accordance with the legislation of that state to carry out international road transportation of passengers or goods.; c) "permit" is a document granting the right to travel (round trip) of a vehicle of the carrier of the State of one Contracting Party through the territory of the State of the other Contracting Party.; d) "special permission" - a one-time additional permit for the passage of a vehicle belonging to a carrier of the State of one Contracting Party with heavy, bulky or dangerous cargo through the territory of the State of the other Contracting Party, as well as a one-time permit for the passage (round trip) of a vehicle belonging to the carrier of the State of one Contracting Party from the territory of the State of the other Contracting Party to the territory of a third State or from the territory of a third State State to the territory of the State of the other Contracting Party; e) "motor vehicle": when transporting goods - a truck, a truck with a trailer, a tractor truck or a tractor truck with a semi-trailer; when transporting passengers - a bus, that is, a vehicle designed to transport passengers and having more than 9 seats, including the driver's seat, possibly with a trailer for transporting luggage; at the disposal of the carrier on the basis of ownership or on the basis of a lease or leasing agreement; f) "cross-border communication" - passenger communication between settlements located on the border territories of the States of the Contracting Parties. The list of settlements between which cross-border communication is carried out is determined by the competent authorities of the Contracting Parties; g) "regular passenger transportation" - transportation of passengers by bus, carried out according to the route, schedule, fares and stopping points agreed between the competent authorities of the Contracting Parties, at which the carrier embarks and disembarks passengers; h) "irregular passenger transportation" - all other types of passenger transportation by buses; i) "sanitary control" - sanitary, veterinary, and phytosanitary control.

Article 3

1. Regular transportation of passengers by buses in two-way and transit traffic is carried out on the basis of a permit issued by the competent authorities of the Contracting Parties for the section of the route that passes through the territory of their state. The competent authorities of the Contracting Parties shall agree on the conditions and validity period of the permit, the schedule, fares, and route diagram indicating the stopping points at which the carrier will board and disembark passengers, as well as the checkpoints across the state border through which the carriers will have to travel. 2. An application for the organization of regular passenger transportation by buses is considered by the competent authority of the Contracting Party in whose territory the carrier is registered and sent to the competent authority of the other Contracting Party. 3. The application and permit forms shall be determined by the competent authorities of the Contracting Parties.

Article 4

The procedure for the regular international transportation of passengers by buses in cross-border traffic is determined by the competent authorities of the Contracting Parties.

Article 5

1. Irregular transportation of passengers in two-way and transit traffic is carried out on the basis of a permit, with the exception of transportation provided for in paragraph 2 of this Article. The competent authorities of the Contracting Parties shall transmit to each other, free of charge, an agreed number of forms for these permits. These forms must have the signature of the responsible person and the seal of the competent authority that issued the permit. 2. A permit is not required for the implementation of irregular passenger transportation in two-way and transit traffic if a group of passengers of the same composition is transported on the same bus, while: a) the trip begins and ends in the territory of the State of the Contracting Party where the bus is registered; b) the trip begins in the territory of the State of the Contracting Party, where the bus is registered, and ends in the territory of the State of the other Contracting Party, provided that the bus leaves this territory empty; c) the bus enters the territory of the State of the other Contracting Party in order to pick up a group of passengers delivered earlier by this carrier. 3. When replacing a faulty bus with another bus, a permit is also not required. 4. When performing irregular passenger transportation specified in paragraph 2 of this Article, the bus driver must have a passenger list drawn up in a special form agreed upon by the competent authorities of the Contracting Parties.

Article 6

Transportation of goods between the States of the Contracting Parties or in transit through their territories, the passage of empty vehicles are carried out without a permit, with the exception of transportation of bulky, heavy and dangerous goods, as well as transportation to (from) third countries.

Article 7

1. If the dimensions, weight loads on the axle or the weight of the vehicle of the carrier of the State of one Contracting Party exceed the standards established in the territory of the State of the other Contracting Party, the carrier must obtain a special permit from the competent authority of the other Contracting Party. 2. Transportation of dangerous goods through the territory of the States of the Contracting Parties is carried out in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road of September 30, 1957, as well as the legislation of the States of the Contracting Parties regulating such transportation. If the carriage of dangerous goods in accordance with the specified European Agreement or the legislation of the States of the Contracting Parties requires a special permit, the carrier of the State of one Contracting Party must obtain it from the competent authority of the other Contracting Party before the start of the carriage. 3. If the special permits referred to in this article indicate the movement of a motor vehicle along a certain route, transportation must be carried out along this route.

Article 8

The carriage of goods on the basis of this Agreement is accompanied by the registration of waybills, which must comply with the requirements of the Convention on the Contract for the International Carriage of Goods by Road of May 19, 1956.

Article 9

1. Motor vehicles of the States of the Contracting Parties engaged in international transportation must have registration and distinctive signs of their state. 2. Trailers and semi-trailers may have registration and distinguishing signs of other States, provided that trucks, tractors and buses have registration and distinguishing signs of the States of the Contracting Parties.

Article 10

The carrier of the State of one Contracting Party is not allowed to carry passengers and goods between points located in the territory of the State of the other Contracting Party.

Article 11

1. A carrier of a State of one Contracting Party may transport passengers and goods from the territory of the State of the other Contracting Party to the territory of a third State, as well as from the territory of a third State to the territory of the State of the other Contracting Party, if he has received a special permit from the competent authority of the other Contracting Party. 2. The competent authorities of the Contracting Parties shall transfer to each other, free of charge, an agreed number of special permit forms for transportation to (from) third countries. These forms must have the signature of the responsible person and the seal of the competent authority that issued the special permit.

Article 12

1. The driver of a motor vehicle must have a national or international driving permit and national vehicle registration documents that comply with the requirements of the Convention on Road Traffic of November 8, 1968. 2. The permit and other documents required in accordance with the provisions of this Agreement must be in the possession of the driver of the vehicle and presented at the request of the competent regulatory authorities.

Article 13

Carriers of the States of the Contracting Parties shall be exempt on a reciprocal basis from fees and charges related to the ownership or use of motor vehicles for the carriage of passengers and goods under this Agreement, the use or maintenance of highways of the State of the other Contracting Party, with the exception of fees for the use of toll roads, motorways, bridges and tunnels, if such fees are levied on a non-discriminatory basis from the vehicles of the carriers of the State as one, so is the other Contracting Party.

Article 14

1. When carrying out transportation on the basis of this Agreement, the following are mutually exempt from customs duties, taxes and duties imported into the territory of the state of the other Contracting Party: a) fuel contained in containers provided by the manufacturer for each model of vehicle, technologically and structurally connected to the engine power supply system, as well as fuel contained in containers installed by the factory-by the manufacturer on trailers and semi-trailers and intended for operation of heating or cooling installations of this vehicle; b) lubricants in quantities necessary for the operation of a motor vehicle during transportation; c) spare parts and tools intended for repairing a motor vehicle damaged in transit, carrying out international transportation. 2. Unused spare parts and tools specified in paragraph 1 of this Article are subject to re-export. The replaced spare parts must be taken back or placed under the customs regime of destruction or other customs regime in accordance with the procedure established by the customs legislation of the State of the Contracting Party in whose territory the customs regime for these spare parts is being changed.

Article 15

Transportation of passengers and cargo on the basis of this Agreement is subject to compulsory insurance of civil liability of vehicle owners for damage caused to third parties. The carrier is obliged to insure in advance each vehicle performing the specified transportation.

Article 16

The provisions of international treaties to which the States of the Contracting Parties are parties shall apply to border, customs, transport and sanitary control, as well as customs clearance, and when resolving issues not regulated by these treaties, the legislation of the State of the Contracting Party on whose territory the relevant control is carried out shall apply.

Article 17

Border, customs, transport and sanitary control during transportation of persons in need of urgent medical care, regular transportation of passengers by buses, as well as during transportation of animals, perishable and dangerous goods is carried out out of turn.

Article 18

Carriers and crews of motor vehicles of the States of the Contracting Parties are obliged to comply with the rules of the road and the legislation of the State of the Contracting Party through whose territory transportation is carried out.

Article 19

1. In case of violation of the provisions of this Agreement, the competent authorities of the Contracting Party in whose territory the vehicle is registered are obliged, at the request of the competent authorities of the other Contracting Party in whose territory the violation occurred, to apply one of the following measures: a) to warn the carrier; b) temporarily or completely deprive the carrier of the right to carry out transportation on the territory of the State of the Contracting Party where the violation was committed. 2. The competent authorities of the Contracting Parties shall notify each other of the measures taken. 3. The provisions of this Article do not exclude the application of sanctions to the carrier and the crew of a motor vehicle of the State of the other Contracting Party provided for by the legislation of the State where the violation was committed.

Article 20

The Contracting Parties shall resolve all disputes that may arise in connection with the interpretation and application of the provisions of this Agreement through mutual consultations and negotiations.

Article 21

Issues not regulated by this Agreement, as well as international treaties to which the Republic of Kazakhstan and the Russian Federation are parties, are resolved in accordance with the laws of the States of the Contracting Parties.

Article 22

In order to comply with the provisions of this Agreement and resolve disputes that arise, the Contracting Parties shall establish a joint commission consisting of representatives of the competent authorities of the Contracting Parties.

Article 23

This Agreement does not affect the rights and obligations of the Contracting Parties arising from other international treaties to which the Republic of Kazakhstan and the Russian Federation are parties.

Article 24

1. An integral part of this Agreement is the Protocol on the Application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on International Road Transport, which is signed simultaneously with the Agreement. 2. All amendments and additions to this Agreement and the Protocol shall be drawn up by the Contracting Parties in the form of protocols, which shall enter into force in accordance with the procedure provided for in paragraph 1 of Article 25 of this Agreement.

Article 25

1. This Agreement shall enter into force 30 days after the date of receipt, through diplomatic channels, of the last written notification by the Contracting Parties of the completion of the internal procedures necessary for its entry into force. 2. This Agreement is concluded for an indefinite period and is valid until the expiration of six months from the date when one of the Contracting Parties notifies the other Contracting Party through diplomatic channels of its intention to terminate it.

Done in Omsk on April 15, 2003, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Contracting Parties will refer to the text in Russian.

For the Government For the Government of the Republic of Kazakhstan Of the Russian Federation

Protocol on the application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation about international automobile transport

Regarding the application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on International Road Transport, signed in Omsk on April 15, 2003 (hereinafter referred to as the Agreement), an agreement has been reached on the following: 1. Pursuant to the Agreement, the competent authorities of the Contracting Parties issue permits for regular passenger transportation for up to 5 years. 2. A special permit form is being prepared: By the Kazakh Side - in Kazakh and Russian languages; By the Russian Side - in Russian. Special permit forms must have serial numbers drawn up for the year, as well as signatures of responsible persons and seals of the competent authorities of the Contracting Parties that issued the permits. 3. Obtaining a special permit for the transportation of dangerous, heavy or bulky goods by a carrier of a State of one Contracting Party when transporting these goods from the territory of the State of the other Contracting Party to (from) a third State does not exempt the said carrier from the need to obtain a special permit from the competent authority of the other Contracting Party for transportation to (from) a third State. 4. The competent authorities of the Contracting Parties shall inform each other about the implementation of this Agreement, changes in the legislation of the States of the Contracting Parties related to international road transport, tax and customs duties, the state of transportation for the previous year, the modes of operation of checkpoints across the state border and other issues aimed at improving transportation. The information provided does not constitute an amendment to this Agreement.

Done in Omsk on April 15, 2003, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Protocol, the Contracting Parties will refer to the text in Russian.

For the Government For the Government of the Republic of Kazakhstan Of the Russian Federation

President

Republic of Kazakhstan

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