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Agreement between the Government of the Russian Federation and Government of the Republic of Kazakhstan on the international automobile communication

of April 15, 2003

The government of the Russian Federation and the Government of the Republic of Kazakhstan which are hereinafter referred to as by Contracting Parties

wishing to develop on the basis of reciprocity automobile passenger and freight traffic between the states of Contracting Parties and transit across their territories, and also wishing to facilitate this message,

agreed as follows:

Article 1

According to this agreement regular and irregular transportations of passengers and loads between the states of Contracting Parties and transit across their territories, and also in (from) the third states the vehicles registered in the Russian Federation or the Republic of Kazakhstan are performed.

Article 2

The concepts used in this agreement mean the following:

a) "competent authorities":

in the Russian Federation - the Ministry of Transport of the Russian Federation, and concerning Item 1 of Article 7 and Item 2 of Article 12 also the Ministry of Internal Affairs of the Russian Federation;

in the Republic of Kazakhstan - the Ministry of Transport and Communications of the Republic of Kazakhstan, and concerning Item 2 of Article 12 - also the Ministry of Internal Affairs of the Republic of Kazakhstan.

In case of change of the competent authorities specified in this Item, names of new competent authorities are transferred to other Contracting Party through diplomatic channels.

b) "carrier" - any physical person or legal entity registered in the territory of the state of one of Contracting Parties and allowed according to the legislation of this state to accomplishment of the international motor transportations of passengers or loads;

c) "permission" - the document granting the right to journey (there and back) the vehicle of carrier of the state of one Contracting Party on the territory of the state of other Contracting Party;

d) "special permission" - one-time additional permission to journey of the state of one Contracting Party of the vehicle belonging to carrier with heavy, bulky or dangerous goods on the territories of the state of other Contracting Party, and also one-time permission to journey (there and back) the state of one Contracting Party of the vehicle belonging to carrier from the territory of the state of other Contracting Party on the territory of the third state or from the territory of the third state on the territory of the state of other Contracting Party;

e) "vehicle":

in transit loads - the cargo vehicle, the trailer hauling truck, the tractor truck or the tractor truck with semitrailer truck;

in transit passengers - the bus, that is the vehicle intended for transportation of passengers and having more than 9 places for sitting including driver's seat, it is possible with trail car for luggage transport;

being at the disposal of carrier on the property rights or based on the lease agreement or leasing;

e) "the border message" - passenger traffic between settlements, the states of Contracting Parties located in the border territories. The list of settlements between which the border message is performed is determined by competent authorities of Contracting Parties;

g) "regular transportations of passengers" - the transportations of passengers by bus performed along the route approved between competent authorities of Contracting Parties, the schedule, rates and Items of stops on which the carrier makes landing and disembarkation of passengers;

h) "irregular transportations of passengers" - all other types of transport of passengers by buses;

i) "health control" - sanitary, veterinary, and also phytosanitary control.

Article 3

1. Regular transportations of passengers by buses in the bilateral and transit message are performed based on the permission issued by competent authorities of Contracting Parties on that site of route which passes on the territory of their state.

Competent authorities of Contracting Parties approve conditions and effective period of permission, the schedule, rates, the scheme of route with indication of Items of stops on which the carrier will perform landing and disembarkation of passengers, and also check points through frontier through which carriers will shall follow.

2. The request about the organization of regular transportations of passengers by buses is considered by competent authority of the Contracting Party in the territory of which state the carrier is registered, and goes to competent authority of other Contracting Party.

3. Commitment forms and permissions are determined by competent authorities of Contracting Parties.

Article 4

The procedure of regular international carriages of passengers by buses in the border message is determined by competent authorities of Contracting Parties.

Article 5

1. Irregular transportations of passengers in the bilateral and transit message are performed based on permission, except for the transportations provided in Item 2 of this Article.

Competent authorities of Contracting Parties transfer each other on free basis the approved number of forms of the specified permissions. These forms shall have the signature of the responsible person and seal of the competent authority which issued permission.

2. Permission is not required on implementation of irregular transportations of passengers in the bilateral and transit message if the group of passengers of the same structure is transported by the same bus, at the same time:

a) the trip begins and comes to an end in the territory of the state of that Contracting Party where the bus is registered;

b) the trip begins in the territory of the state of the Contracting Party where the bus is registered, and comes to an end in the territory of the state of other Contracting Party provided that the bus leaves this territory empty;

c) the bus drives on the territory of the state of other Contracting Party to take away the group of passengers brought earlier by this carrier.

3. When replacing the defective bus with other bus of permission it is also not required.

4. In case of accomplishment of irregular transportations of the passengers specified in Item 2 of this Article, the bus driver shall have the passenger manifest constituted in the special form approved by competent authorities of Contracting Parties.

Article 6

Transportation of goods between the states of Contracting Parties or transit across their territories, journey of empty vehicles is performed without the permission, except for transportations of bulky, heavy and dangerous goods, and also transportations in (from) the third states.

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