AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND GOVERNMENT OF TURKMENISTAN

of October 25, 2021

About the mode of the Kazakhstan-Turkmen frontier

The government of the Republic of Kazakhstan and the Government of Turkmenistan which are hereinafter referred to as "Party"

being guided by the principle of international law about territorial integrity and inviolability of borders,

the full of determination to make common efforts in order that the frontier between two states remained limit of everlasting peace and friendship from generation to generation,

for the purpose of ensuring stability on frontier of two countries and tranquility in border areas, settlements of boundary questions in the spirit of mutual respect, trust, equality, friendship and cooperation,

based on the Contract on friendship and cooperation between the Republic of Kazakhstan and Turkmenistan of May 19, 1993, the Contract on strategic partnership between the Republic of Kazakhstan and Turkmenistan of April 18, 2017 and the Agreement between the Republic of Kazakhstan and Turkmenistan on cooperation in protection of frontier of July 5, 2001,

agreed as follows:

Chapter 1. General provisions

Article 1

1. The mode of the Kazakhstan-Turkmen frontier (further - the frontier mode) - the rules determined by this agreement existing on the Kazakhstan-Turkmen frontier and in borderlands including procedure:

contents of the Kazakhstan-Turkmen frontier;

crossings of the Kazakhstan-Turkmen frontier by persons, vehicles and movements through it of loads and other property;

the omission of persons, vehicles, loads and other property through the Kazakhstan-Turkmen frontier;

implementation of flights over the Kazakhstan-Turkmen frontier and borderlands;

conducting economic, trade, research, prospecting or other activity, holding social and political, cultural or other actions on the Kazakhstan-Turkmen frontier, borderlands, and also within boundary waters (including uses of them);

permissions of borderline cases.

2. The mode of frontier is supported by joint activities of the states of the Parties and his questions are regulated by this agreement, and also the legislation of the states of the Parties and international treaties which participants are the states of both Parties.

Article 2

For the purposes of this agreement the following concepts (terms) are used:

1) rescue service - set of the governing bodies, forces and means intended for the solution of tasks according to the prevention and liquidation of emergency situations and functionally united in single system which basis is constituted by rescue units;

2) rescue unit - the independent or being part of rescue service structure intended for carrying out wrecking which basis is constituted by the divisions of rescuers equipped with special appliances, the equipment, equipment, tools and materials and film logical calculations;

3) reservoir - permanent or temporary accumulation standing or with reduced drain of water in natural or artificial hollows;

4) the aircraft - the device supported in the atmosphere due to its interaction with air excepting interaction with the air reflected from land (water) surface;

5) the frontier, border - make identical sense in the text of this agreement, mean the line and the vertical plane passing on it determining limits of separation of the territory (sushi, waters, subsoil and airspace), and also space limits of actions of the state sovereignties between the Republic of Kazakhstan and Turkmenistan;

6) the loads and other property moved through frontier (further - loads and other property) - the commercial and non-commercial loads, goods, animals, objects, materials, means, substances, hand luggage (baggage) and vehicles moved through frontier;

7) delimitation - the determination of provision and direction of the line of frontier which is drawn up by documents on delimitation of border;

8) demarcation - determination of passing and designation of frontier on the area border markers according to documents on delimitation of border and drawn up by documents on demarcation of border;

9) documents on delimitation of border - the international agreements determining provision and the direction of frontier which participants are the states of the Parties;

10) documents on demarcation - the international agreements determining passing and designation of frontier on areas which members are the states of the Parties;

11) documents of joint checks - the legal documents (the protocol description of passing of the line of the Kazakhstan-Turkmen frontier, the card of frontier, protocols of border markers, the catalog of coordinates and heights of border markers, the protocol of joint checks and other documents) created after joint check of designation of the line of frontier, which are integral part of the document on demarcation of border;

12) roads of joint use - the country roads (tracks) located on the line or along frontier and repeatedly its crossing, used by boundary departments, and also service personnel of cross-border constructions according to international treaties which participants are both states of the Parties;

13) liquidation of emergency situations - rescue and other work types, carried out in case of emergency situations;

14) locals - the population which is constantly living in border areas;

15) equipment - materials, transport and technical means, equipment of group on assistance and personal equipment of their members, including medicines and the products of medical appointment necessary for life support of group on assistance for carrying out wrecking;

16) movement through frontier - the moment of the actual contact of loads and other property with frontier in case of movement from the territory of the state of one Party on the territory of the state of other Party;

17) crossing of frontier - the moment of the actual contact of persons and vehicles with frontier in case of movement from the territory of the state of one Party on the territory of the state of other Party;

18) boundary departments - authorized bodies in the field of protection of frontier of the states of the Parties;

19) border markers - the boundary posts established on the line or on both sides of frontier specifying designation of frontier areas. Their geographical coordinates are determined and fixed in documents on demarcation or documents of joint checks of designation of frontier. Border markers are subdivided into the main and intermediate;

20) borderline case - the incident on frontier connected with violation of the mode of frontier, infringing on interests of one or both states of the Parties, or both states of the Parties and the third adjacent (joint) state.

21) borderland - part of the territories adjoining on both sides the line of frontier, determined by the legislation of the states of the Parties where the frontier mode is effective;

22) boundary representatives (border commissioners) - the authorized officers designated from among representatives of boundary departments of the states of the Parties for the solution of the questions connected with maintenance of the frontier mode set by this agreement, the prevention and permission of borderline cases;

23) boundary glades - the area strips cleared of trees, bushes and other plants within width determined by this agreement on both parties from the line of frontier for the purpose of ensuring observation of it and visibility between the next border markers;

24) border areas - the regions of the Republic of Kazakhstan and Turkmenistan adjacent to frontier;

25) the omission of persons, vehicles, loads and other property through frontier and the omission through border - make identical sense in the text of this agreement and mean recognition of the states of the Parties of legality of crossing by authorized bodies (permission to crossing) of frontier by persons, vehicles and movements through frontier of loads and other property according to the legislation of the states of the Parties and international treaties which participants are the states of both Parties;

26) the procedure of the omission through border - complex of the control and checking, regime and other actions conducted by boundary departments independently or together with authorized bodies according to the legislation of the states of the Parties and international treaties which participants are the states of both Parties, concerning persons, the vehicles crossing frontier, and loads moved through it and other property;

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