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Agreement between the Government of the Republic of Kazakhstan and Government of the Republic of Latvia on procedure for transit

of May 19, 1998

The government of the Republic of Kazakhstan and the Government of the Republic of Latvia, hereinafter referred to as "Contracting parties",

being guided by the principles of respect of state interests of Contracting Parties,

proceeding from the friendship existing between both Contracting Parties

recognizing need of implementation and development of transit movement through the territories of the states of Contracting Parties,

confirming the commitment to the principles of the international relations,

agreed as follows:

Article 1

For the purposes of this agreement the terms below have the following values:

a) "the third countries" - the states, not being participants of this agreement;

b) "Transit movement" - following of people, vehicles, baggage, loads, including goods, the international mailings of one Contracting Party when such pass with overload, warehousing, separation and collection of consignments or change of type of vehicles or without these actions is only part of the complete way which is beginning and coming to an end outside the transit State territory;

c) "transit State" - the state through which territory transit movement is performed.

Article 2

Contracting parties grant each other the right of free implementation of transit movement through the territories of the states according to provisions of this agreement, and also other international agreements which participants are both Contracting Parties.

Article 3

Contracting parties will not levy transit movement duty, taxes and fees except for of the charges levied for the specific services rendered in connection with ensuring transit movement according to the current legislation of Contracting Parties.

Article 4

1. The loads which are taken out to the third countries and are not drawn up by customs of the state of departure are not allowed to transit through the territories of the states of Contracting Parties and to the omission to the third countries. Such loads linger on the territory of the transit State and return for customs clearance to the state of departure. All expenses connected with transit delay belong on account of the sender.

2. Passing of load across the territory of the transit State is regulated according to the international rules of transportations.

Article 5

The competent authorities of Contracting Parties determined in Article 11 of this agreement, regularly, once a half-year provide each other freight lists, prohibited to import, export and transit in, from or through the territory of their state and terms of entry into force of the accepted restrictions.

Article 6

1. To transport - to the expeditionary transactions connected with ensuring transit movement within this agreement the companies and the organizations of Contracting Parties determined by their competent authorities according to Article 11 of this agreement are allowed. Competent authorities of Contracting Parties regularly transfer each other lists of such operators.

2. The sizes of the rates and charges applied in the territory of the state of each of Contracting Parties to calculation of expenses on accomplishment of the transactions specified in item 1 of this Article shall not exceed price level and the charges established according to international agreements which participants are both Contracting Parties.

Article 7

1. Customs formalities concerning the transit movement performed through the territories of the states of Contracting Parties within this agreement come down to reasonable minimum. Competent authorities of Contracting Parties do not perform transit cargoes and baggage if reasons to believe are not had that the objects or substances prohibited to transportation by the domestic legislation of the transit State are taken.

2. After the conclusion between Contracting Parties of the agreement on cooperation in the field of customs procedures, all customs questions connected with accomplishment of this agreement are solved according to provisions of the specified special agreement.

Article 8

Contracting parties grant each other the rights and privileges established owing to special geographical location of the states which do not have outlet to the sea according to the principles and rules of international law.

Article 9

The matters of argument connected with interpretation and/or application of this agreement are solved competent authorities of Contracting Parties by direct negotiations.

Article 10

Amendments and changes are made to this agreement by mutual consent of Contracting Parties and drawn up by protocols which are integral part of this agreement and become effective according to the procedure, stipulated in Article 12 of this agreement.

Article 11

Within this agreement competent authorities are:

- from the Kazakhstan Side:

under Articles 6 and 9 Ministry of Transport and Communications of the Republic of Kazakhstan;

under Articles 5 and 7 - Customs committee under the Ministry of Finance of the Republic of Kazakhstan.

- from the Latvian Side:

under Articles 6 and 9 - the Ministry of the message of the Republic of Latvia;

under Articles 5 and 7 - Customs authority of Public service of the income of the Republic of Latvia.

Article 12

This agreement becomes effective from the date of receipt of the last notification on accomplishment of the interstate procedures necessary for the introduction of the Agreement in force.

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