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The contract between the Azerbaijan Republic and the Republic of Kazakhstan on assistance and support of oil transportation from the Republic of Kazakhstan through the Caspian Sea and the territory of the Azerbaijan Republic on the international markets by means of system of Baku-Tbilisi-Ceyhan

of June 16, 2006

The Azerbaijan Republic and the Republic of Kazakhstan which are hereinafter referred to as by the Parties, wishing to promote creation of the transcaspian system for oil transportation from petrodrain/bulk terminals on the Kazakhstan coast of the Caspian Sea to system of the Baku-Tbilisi-Ceyhan (BTC) via petrodrain/bulk terminals on the Azerbaijani coast of the Caspian Sea for the purpose of further transportation on the international markets through the territory of the Azerbaijan Republic;

in view of that the purpose of the transcaspian system is oil transportation on the international markets and that the BTD system is the main route through the territory of the Azerbaijan Republic for oil export got in the Republic of Kazakhstan on the international markets;

considering that the BTD system and the transcaspian system, representing two separate systems, together constitute single energy transport corridor and promote creation of conditions for oil transportation from the Republic of Kazakhstan on the international markets;

in view of that provisions of the Contract between the Azerbaijan Republic and the Republic of Kazakhstan on assistance and support of oil transportation from the Republic of Kazakhstan through the Caspian Sea and the territory of the Azerbaijan Republic on the international markets by means of system of Baku-Tbilisi-Ceyhan (dalee-Dogovor) do not affect situation of the Agreement between the Azerbaijan Republic, Georgia and the Republic of Turkey on transportation of crude oil through the territories of the Azerbaijan Republic, Georgia and the Republic of Turkey on the main export pipeline of Baku-Tbilisi-Ceyhan of November 18, 1999;

expressing aspiration to that the single energy transport corridor for transportation of energy carriers on continuous basis conformed to international standards in the oil industry;

recognizing provisions of the Ankara declaration of October 29, 1998 and the Istanbul declaration of November 18, 1999; agreed as follows:

Article 1

The concepts used in this Agreement:

The BTD-pipeline system (and also auxiliary objects and the equipment) which is determined in the text of the Agreement between the Azerbaijan Republic, Georgia and the Republic of Turkey about transportation of crude oil through the territories of the Azerbaijan Republic, Georgia and the Republic of Turkey by the main export pipeline of Baku-Tbilisi-Ceyhan of November 18, 1999 as Transport system;

The agreement to the Energy charter-6 the Agreement to the Energy charter of December 17, 1994 taking into account the amendments and amendments ratified by the Parties and the Protocols to it which are binding concerning the Parties for signature date of this Agreement;

Foreign currency - freely convertible currency of the state which is not the Party of this Agreement and also the international monetary units;

The agreement agreement signed between the Government of the Party, on the one hand, and one or several persons which are hereinafter referred to as by Investors of the project, on the other hand, and establishing conditions, the rights and obligations of his participants concerning implementation of the Transcaspian project;

Sea Carrier Person, jointly authorized by the Governments of the Parties on implementation within the Transcaspian transportation system of Oil across the Caspian Sea from the terminal(s) on the coast of the Republic of Kazakhstan in the terminal(s) on the coast of the Azerbaijan Republic with use of Tankers under flags of the Parties;

Joint committee - the committee created by the governments of the Parties for implementation of the powers specified in Article 10 of this Agreement;

Person-any physical person or legal entity, including corporate education, trust, partnership, joint business or other legal organization or the organization, irrespective of pattern of ownership;

Oil-any liquid hydrocarbons, including crude oil and natural gas condensate;

The investor of the project - any Person which is the investor of the Transcaspian project in individual procedure or along with other persons, based on Agreements;

The project vessel - the self-propelled or not self-propelled watercraft, other than the Tanker, under the flag of the either party used for sea or port towage, and also other works within the Transcaspian project;

The tanker - the watercraft under the flag of the either party which is on legal causes in property or use of the Maritime Carrier for oil shipment within the Transcaspian system;

Transcaspian transport инфраструктура-нефтесливные / bulk terminals on the Kazakhstan coast of the Caspian Sea, the Tanker and Court of the project, petrodrain/bulk terminals on the Azerbaijani coast of the Caspian Sea and connecting constructions to the BTD System which complete list and structure of objects will be determined in the relevant Agreements; to construction and operation of the Transcaspian transport;

Transcaspian project work and services in designing, construction and operation of the Transcaspian transport infrastructure;

The transcaspian system - oil transportation system, the Transcaspian transport infrastructure got in the Republic of Kazakhstan on the international markets with use.

Article 2

The parties make all necessary efforts for assistance to oil transportation on the Transcaspian system and supports of implementation of the Transcaspian project according to this agreement and Agreements which party are the governments of the Parties.

Article 3

3.1. The rights and obligations of the Investor of the project concerning the Transcaspian transport infrastructure are determined according to Agreements.

3.2. Any of the Parties does not apply for the property right to the Oil transported by means of the Transcaspian transport infrastructure.

Article 4

4.1. Except as specified, provided by the Agreement to the Energy charter, any of the Parties does not expropriate (whether it be directly or indirectly), does not carry out requisition or nationalization (including any measures which are promoting it, or having equal result) any property (or its part) the Investor of the project used within the Transcaspian project.

4.2. The parties do not stop process and do not interfere with oil transportation by means of the Transcaspian transport infrastructure, except as specified:

4.2.1. provided by the relevant Agreement;

4.2.2. when operation of the Transcaspian transport infrastructure creates threat of homeland security of the Party, to the environment, health of the population and property of Persons;

4.2.3. when operation of the Transcaspian transport infrastructure is performed with abuse of regulations of safety of work, connected with oil transportation.

4.3. If one of the Parties takes any actions for suspension or hindrance to oil transportation by means of the Transcaspian transport infrastructure, except as specified, specified in Item 4.2. this Agreement, such Party promotes renewal of transportation on the Transcaspian system in reasonable time.

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