Agreement between the Government of the Republic of Tajikistan and Cabinet of Ministers of Ukraine on the international automobile passenger and freight traffic

of December 6, 2005

The government of the Republic of Tajikistan and the Cabinet of Ministers of Ukraine which are hereinafter referred to as by Contracting Parties

wishing to develop on the basis of reciprocity automobile passenger and freight traffic between both countries, transit across their territories and in/from the third countries, and also wishing to facilitate this message,

being based on the principle of equality and mutual interest,

agreed with following:

Article 1

According to this agreement regular and irregular motor transportations of passengers, including tourists and loads between both countries, transit across their territories and in/from the third countries, on the roads open for the international automobile communication, the vehicles registered in the Republic of Tajikistan and Ukraine are performed.

Article 2

1. Regular transportations of passengers by buses will be organized under approval between competent authorities of Contracting Parties and performed on the parity basis.

2. Proposals on the organization of such transportations are submitted each other by competent authorities of Contracting Parties. These offers shall contain data: about carrier, the scheme of route of the schedule of movement, rates for transportation, stop clauses on which the carrier will implement landing and disembarkation of passengers, graphics of work and rest of drivers, and also the period and regularity of accomplishment of transportations

Competent authorities of Contracting Parties will make decisions concerning issue of permissions to implementation of regular transportations of passengers on the territory of the countries.

Article 3

1. For implementation of irregular transportations of passengers by buses between both countries or transit across their territories, or in/from the third countries, except for the transportations provided in Article 4 of this agreement the permissions issued by competent authorities of Contracting Parties are required

2. Competent authorities of Contracting Parties will exchange permissions implementation of irregular transportations of passengers on the territory of their state.

3. On each irregular transportation of passengers by bus of one of Contracting Parties separate permission of other Contracting Party which making of one flight grants the right there and back shall be issued if other is not stipulated in the permission.

4. Competent authorities of Contracting Parties will annually transfer each other mutually approved number of forms of permissions to implementation of irregular transportations of passengers. These forms shall have seal and the signature of the competent authority issuing permissions.

5. Competent authorities of Contracting Parties approve among themselves procedure for exchange of forms of permissions to implementation of irregular transportations of passengers.

Article 4

1. Permission to accomplishment of irregular transportations of passengers by buses is not required when the group of passengers of the same structure is transported by the same bus throughout all trip:

a) if this trip begins and comes to an end in the territory of that Contracting Party where the passenger vehicle is registered;

b) if this trip begins in the territory of the Contracting Party where the passenger vehicle is registered, and comes to an end in the territory of other Contracting Party provided that the passenger vehicle leaves this territory empty.

2. Permission is not required when replacing the defective bus with other bus.

3. In case of accomplishment of the transportations provided in Item 1 of this Article, the driver of the passenger vehicle shall have correctly completed route leaf (passenger manifest).

The form of route leaf affirms competent authorities at meeting of the Mixed commission of Contracting Parties.

Article 5

1. Transportation of goods between both countries, or transit across their territories, or in/from the third countries, except for the transportations provided in Article 6 of this agreement is performed by trailer hauling trucks or without them, or tractors with semitrailer trucks based on the permissions issued by competent authorities of contracting parties

2. On each cargo vehicle it shall be issued separate permission which grants the right to implementation of one flight there and back if another is not provided in the permission.

3. Competent authorities of Contracting Parties will annually transfer each other the number of forms of sufferance bills which is mutually approved on the basis of parity. These forms shall have seal and the signature of the competent authority which issued permission.

4. Competent authorities of Contracting Parties approve among themselves procedure for exchange of forms of permissions to implementation of transportation of goods.

Article 6

1. The permissions specified in Article 5 of this agreement are not required on

accomplishment of transportations:

a) the exhibits, the equipment and materials intended for fairs and exhibitions;

b) vehicles, animal, and also the different stock and property intended for holding sporting events;

c) theatrical sceneries and detail, musical instruments, equipment and accessories to filmings, radio and telecasts;

d) bodies and ashes of the dead;

e) mails;

e) the damaged vehicles;

g) bees and whitebaits of fishes;

h) personal estate in case of resettlement;

i) cars, load-carrying capacity to 3,5 of tons or total weight to 6,0 of tons;

j) medicines, medical tools and the equipment, and also other loads for assistance in emergency situations (in particular, in case of natural disasters and in transit the humanitarian assistance). Permissions are not required also for journey of breakdown lorries.

2. The exceptions provided in subitems "a", "b" and "v" of Item 1 of this Article is effective only in that case when the load is subject to return to the country in which the cargo vehicle is registered.

3. When implementing the transportations specified in this Article, the transport driver shall have documents which confirm the fact of implementation of one of the specified types of transport.

Article 7

1. When dimensions and weight of the cargo vehicle of one of the Contracting Party going without load or with load, exceed the regulations established in the territory of other Contracting Party, and also in transit dangerous goods, the carrier shall receive, except regular permission, special permission of relevant organs of this other Contracting Party.

2. If the special permission mentioned in Item 1 of this Article provides movement of the cargo vehicle along certain route, shall be transported along this route.

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