On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on International Automobile Transport

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Law of the Republic of Kazakhstan dated December 2, 2004 No. 4

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on International Road Transport, signed in Astana on January 19, 2004.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on International road Transport

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on June 6, 2006)

The Government of the Republic of Kazakhstan and the Government of the Republic of Belarus, hereinafter referred to as the Parties, guided by the need to further develop cooperation between the States of the Parties in the field of international road transport, seeking to facilitate the implementation of road transport between the two States and transit through their territories, have agreed as follows:

Article 1

The purpose of this Agreement is to regulate international passenger and cargo transportation between the States of the Parties, as well as transit transportation through their territories and transportation to or from third countries performed by vehicles registered in one of the States of the Parties. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which the States of the Parties are parties.

Article 2

The concepts used in this Agreement have the following meanings: 1. "Carrier" means any natural or legal person registered in the territory of the state of one of the Parties and authorized to carry out road transport for remuneration or at his own expense in accordance with the national laws of the States of the Parties. 2. "Motor vehicle": 1) when transporting passengers - a bus or any road vehicle with a mechanical drive intended for the carriage of passengers, the number of seats for which, according to technical requirements, is more than nine, including the driver's seat; 2) when transporting goods - any motor vehicle with a mechanical drive intended for the carriage of goods or a motor vehicle a vehicle that has been converted according to technical requirements, including trailers and semi-trailers. 3. "Regular passenger transportation by bus" is the transportation of passengers along a specific route according to pre-established and published timetables, transportation tariffs and conditions of transportation, according to which passengers can board and disembark at designated stops. 4. "Irregular transportation of passengers by buses" is the transportation of passengers that is not regular. 5. "Coastal transportation" is the transportation of passengers and cargo by carriers of the State of one Party between two points located on the territory of the State of the other Party. 6. "Permit" is a document issued by the competent authorities of the States of the Parties and granting the right to travel (round trip) of a motor vehicle through the territory of the state of one of the Parties. 7. "Special permit" is a document issued by the competent authorities of the States of the Parties and granting the right to travel large and heavy vehicles or to transport dangerous goods on the territory of the state of one of the Parties.

Article 3

1. Regular passenger transportation by buses is carried out on a parity basis by agreement of the competent authorities of the States of the Parties. The competent authorities of the States of the Parties, by mutual agreement, issue permits for regular transportation to that part of the route that passes through the territories of their States. On the basis of an agreement, the competent authorities of the States of the Parties determine the conditions of validity of the permit, in particular, its validity period, agree on a schedule, a route diagram indicating border crossings and applicable tariffs. 2. Irregular transportation of passengers by bus between the States of the Parties or transit through their territories is carried out without permits. In case of irregular transportation, a certified passenger list is required to be presented to the regulatory authorities.

Article 4

1. An application for a permit certifying the right to carry out regular passenger transportation by buses in accordance with established routes shall be sent to the competent authorities of the States of the Parties. 2. The content and form of the application, as well as the permits, are determined by the competent authorities of the States of the Parties.

Article 5

Permits are not required when an empty bus of the State of one Party enters the territory of the State of the other Party in the following cases: a) for the carrier to replace a defective bus with another bus suitable for operation; b) for entry for the purpose of return transportation by the same carrier of a group of passengers from a point located in the territory of the State of the other Party to which this group was previously delivered to the point of initial departure; c) for the transportation of buses purchased for legal entities and/or individuals in one of the States of the Parties.

Article 6

1. Cargo transportation is carried out by motor vehicles without a permit: a) between the States of both Parties; b) transit through the territories of the States of both Parties. Transportation of goods from/to third countries, with the exception of transportation provided for in Article 11 of this Agreement, is carried out by motor vehicles on the basis of permits issued by the competent authorities of the States of the Parties. 2. A separate permit is issued for each carriage, which gives the right to make one round trip, unless otherwise specified in the permit itself. 3. The competent authorities of the States of the Parties will annually transmit to each other a mutually agreed number of permit forms for the carriage of goods. 4. A separate permit must be issued for each car or road train. The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 13.01. 2015 No. 277-V.

Article 7

Coastal transportation of passengers and cargo is prohibited.

Article 8

1. The transportation provided for by the provisions of this Agreement may be performed only by carriers who, in accordance with the national legislation of their State, are authorized to carry out international transportation. 2. Drivers of motor vehicles must have a national or international driving permit for the right to drive a motor vehicle of the appropriate category, meeting the requirements of the Convention on Road Traffic of November 8, 1968, and a vehicle registration certificate. 3. Trailers and semi-trailers may have registration and distinguishing signs of other States, provided that trucks or tractors will have registration and distinguishing signs of their State.

Article 9

Each carrier is obliged to insure its civil liability in advance for damage that may be caused to legal entities and individuals of the States of the Parties.

Article 10

Transportation provided for by the provisions of this Agreement is carried out on highways open to international automobile traffic in accordance with the national laws of the States of the Parties. The competent authorities of the States of the Parties may establish, if necessary, the route of transportation.

Article 11

1. Permits are not required for the transportation of: a) goods by motor vehicles, the maximum total weight of which, including trailers, does not exceed 6 tons or the maximum load capacity of which, including trailers, does not exceed 3.5 tons; b) damaged vehicles; c) mail; d) fair and exhibition goods; e) decorations and other cargo intended for theater, musical and other cultural events, circus performances, film screenings, radio and television shows; (e) Medicines and any other materials in the form of disaster relief, as well as humanitarian supplies. 2. A permit is also not required when empty vehicles with temporary (transit) registration numbers are driven to their destination. 3. The Joint Commission established pursuant to Article 18 of this Agreement may expand the list of shipments specified in this article that do not require permits. 4. The driver must have documents certifying that the transportation carried out by him is one of the above types of transportation. The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 13.01. 2015 No. 277-V.

Article 12

1. If the dimensions or weight of a motor vehicle traveling without cargo or with cargo, as well as the weight loads on the axle, exceed the standards established in the territory of the State of the other Party, as well as when transporting dangerous goods, the carrier must obtain a special permit from the competent authority of the State of the other Party. 2. If the special permit referred to in paragraph 1 of this article provides for the movement of a motor vehicle along a certain route, transportation must be carried out along this route.

Article 13

1. Owners and users of motor vehicles engaged in the transportation of passengers and cargo under this Agreement are mutually exempt from fees and charges related to the ownership or use of motor vehicles, the use or maintenance of highways of the other Party's state, with the exception of fees and charges for travel on toll roads, highways, bridges and tunnels, if such fees and charges are subject to collection, including from motor vehicles of the State of this Party. 2. When carrying out transportation in accordance with this Agreement, the following are mutually exempt from customs duties levied in connection with the temporary importation into the territory of the other Party's state: 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 manufacturer on trailers and semi-trailers and intended for operation of heating and cooling installations; b) lubricants in the quantities necessary for use during transportation; c) spare parts and tools in the quantities necessary for the normal operation of a motor vehicle performing international transportation during the journey. 3. Unused spare parts, as well as replaced old spare parts, must be removed from the territory of the State of the Party, either destroyed under the control of customs authorities, or handed over to them in accordance with the procedure established in the territory of the State of the relevant Party.

Article 14

Special permits provided for in the provisions of this Agreement, as well as transportation documents, should be carried in the vehicle during all trips and, upon request, presented for verification to representatives of the regulatory authorities of the States of the Parties.

Article 15

When carrying out transportation on the territory of the State of the other Party, carriers and crews of their vehicles must comply with the national legislation of the State of this Party, as well as the provisions of international treaties to which the States of the Parties are parties. Issues not regulated by this Agreement, as well as international treaties to which the States of both Parties are parties, will be resolved in accordance with the national legislation of the State of each of the Parties through mutual consultations and negotiations.

Article 16

1. In case of repeated violations by the carrier or its drivers of the national legislation of the State of the other Party or the provisions of this Agreement, the competent authorities of the State of the Party in whose territory the vehicle is registered shall, at the request of the Party in whose territory the violation was committed, take one of the following measures: a) a warning; b) a temporary ban on transportation in accordance with with the provisions of this Agreement; c) temporary, partial or complete deprivation of the rights to carry out transportation in the territory of the State of the Party in which the violation was committed. 2. The competent authorities of the States of the Parties shall notify each other of the measures they have taken. 3. The provisions of this Agreement do not exclude sanctions that may be applied by the competent authorities of the State of the Party in whose territory the national legislation was violated.

Article 17

1. With regard to border, customs and sanitary control, the Parties are guided by the provisions of international treaties to which the States of the Parties are parties, and when resolving issues not regulated by these treaties, the national legislation of the State on whose territory the control is carried out is applied. 2. During regular transportation of passengers by bus, as well as during transportation of seriously ill people, perishable goods and animals, border, customs and sanitary control is carried out as a matter of priority.

Article 18

1. In order to comply with the provisions of this Agreement and discuss related issues, the competent authorities of the States of the Parties shall establish a Joint Commission. 2. In case of disputes concerning the interpretation or application of the provisions of this Agreement and the Executive Protocol on the Rules of Application of this Agreement, they will be resolved by a Joint Commission. 3. Meetings of the Joint Commission shall be held, if necessary, on the proposal of the competent authority of the State of one of the Parties.

Article 19

1. The Parties shall determine the procedure for the execution of this Agreement in the Executive Protocol on the Rules of Application of this Agreement. The Executive Protocol is an integral part of this Agreement. 2. By mutual agreement of the Parties, this Agreement and the Executive Protocol on the Rules of Application of this Agreement may be amended and supplemented, which are formalized in separate protocols and are integral parts of this Agreement.

Article 20

This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. This Agreement is concluded for an indefinite period and will remain in force until the expiration of six months from the date when one of the Parties sends a written notification to the other Party of its intention to terminate it. The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on automobile transport dated September 16, 1992, shall expire upon the entry into force of this Agreement.

Done in Astana on January 19, 2004, in two original copies, each in the Kazakh, Belarusian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the text in Russian will prevail.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Belarus

Executive Protocol on the rules of application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on International Road Transport

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on June 6, 2006)

The Government of the Republic of Kazakhstan and the Government of the Republic of Belarus, hereinafter referred to as the Parties, in order to determine the rules for the application of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on International Road Transport dated January 19, 2004 (hereinafter referred to as the "Agreement"), have agreed as follows:

1. The competent authorities of the States of the Parties are from:

From the Kazakh Side: Ministry of Transport and Communications of the Republic of Kazakhstan.

On the Belarusian Side: under Articles 3, 4, 10, 16 and 18, the Ministry of Transport and Communications of the Republic of Belarus; under Article 12, the Belavtodor Department of the Ministry of Transport and Communications of the Republic of Belarus, and the Department of Special Permits for the transportation of dangerous goods. supervision of the safe conduct of work in industry and nuclear Energy of the Ministry of Emergency Situations of the Republic of Belarus.

2. In order to implement the provisions of the Agreement, the competent authorities of the States of the Parties issue permits for regular passenger transportation, issued in accordance with the established procedure. 3. In accordance with Articles 6 and 12 of the Agreement, the following vehicles are issued: a) excluded by the Law of the Republic of Kazakhstan dated 13.01. 2015 No. 277-V; b) a special permit from the competent authorities of the States of the Parties for large and heavy vehicles to travel through the territories of the States of the Parties.; c) special permission of the competent authorities of the States of the Parties for the transportation of dangerous goods through the territories of the States of the Parties; d) special permission of the competent authorities of the States of the Parties for transportation from the territory of the State of the other Party to the territory of a third State or from the territory of a third State to the territory of the State of the other Party. The footnote. Paragraph 3 as amended by the Law of the Republic of Kazakhstan dated 13.01. 2015 No. 277-V. 4. The permit form is being prepared: By the Kazakh Side - in Kazakh and Russian languages; By the Belarusian Side - in Belarusian and Russian. The permit forms produced for a specific year will have serial numbers, as well as the corresponding signatures and seals of the competent authorities of the States of the Parties. 5. On the Belarusian Side, the forms of special permits for the passage of heavy and oversized vehicles are certified by the Belavtodor Department of the Ministry of Transport and Communications of the Republic of Belarus, the forms of special permits for the transportation of dangerous goods are certified by the Department for Supervision of Safe Operations in Industry and Nuclear Energy of the Ministry of Emergency Situations of the Republic of Belarus. 6. On the Kazakh Side, the forms of special permits for the passage of heavy and oversized vehicles and the forms of special permits for the transportation of dangerous goods are certified by the Ministry of Transport and Communications of the Republic of Kazakhstan. 7. The Joint Commission or the competent authorities of the States of the Parties shall determine the required number of permits for the carriage of goods from/to third countries for each subsequent year, the mutually agreed exchange of which is carried out before December 15 of the preceding calendar year. Permits issued for the current year are valid during the calendar year until January 31 (inclusive) of the following year. The footnote. Paragraph 7 as amended by the Law of the Republic of Kazakhstan dated 13.01. 2015 No. 277-V. 8. The competent authorities of the States of the Parties shall inform each other about the implementation of the provisions of this Agreement, changes in the national legislation of the States of the Parties related to international road transport, taxes and customs payments, the state of transportation for the previous year, the modes of operation of border crossings and other issues aimed at improving transportation. 9. If the name or functions of the named competent authorities change, the Parties will be notified in a timely manner through diplomatic channels. The Executive Protocol shall enter into force simultaneously with this Agreement. Done in Astana on January 19, 2004, in two original copies, each in the Kazakh, Belarusian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Executive Protocol, the Russian text will prevail.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Belarus

President

Republic of Kazakhstan

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