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Ministry of Justice

Republic of Tajikistan 

 On July 15, 2014 No. 754

ORDER OF THE MINISTRY OF TRANSPORT OF THE REPUBLIC OF TAJIKISTAN

of June 30, 2014 No. 120

About approval of Rules of forwarding activities

According to article 7 of the Law of the Republic of Tajikistan "About forwarding activities" and Provision Item 8 "About the Ministry of the transport of the Republic of Tajikistan approved by the order of the Government of the Republic of Tajikistan of May 6, 2011, I dispose No. 250:

1. Approve "Rules of forwarding activities" (are applied).

2. Oblige the State unitary enterprise to perform "Road transport and logical servicing" forwarding activities in the territory of the republic according to these rules.

3. To management of the land transport and the legal sector to carry out state registration of this Order in the Ministry of Justice of the Republic of Tajikistan.

4. This Order to enact after state registration and official publication.

5. Control of execution of this Order to assign to the industry deputy minister.

Minister

Hayrullo Asozoda

Approved by the Order of the Minister of Transport of the Republic of Tajikistan of June 30, 2014 No. 120

Rules of forwarding activities

1. General provisions

1. These rules are developed according to part 1 of article 7 of the Law of the Republic of Tajikistan "About forwarding activities" and determine procedure for rendering forwarding activities.

2. When implementing forwarding activities her participants shall be guided by international treaties recognition by the Republic of Tajikistan, the Laws of the Republic of Tajikistan.

3. The basic concepts used in these rules:

- forwarding service - type of service on the organization of cargo delivery, accomplishment accompanying cargo delivery, accomplishment accompanying cargo delivery of the transaction rendered according to the freight forwarding agreement;

- the freight forwarder - the physical person or legal entity rendering forwarding services according to the freight forwarding agreement;

- the client - the physical person or legal entity rendering forwarding services according to the freight forwarding agreement;

- "freight forwarding agreement" - the civil transaction according to which one party (freight forwarder) for remuneration assumes liability on behalf and at the expense of other party (client) to render forwarding services;

- load - the property accepted for shipment in compliance by the legislation of the Republic of Tajikistan;

- the consignor - the physical person or legal entity obliged to deliver loads to destination and to issue to the consignor; - carrier - the legal entity or physical person operating the vehicle on the right private or other sort of property, providing services in public conveyance, baggage, loads and (or) mail for a fee or on hiring and having on this appropriate authority.

2. The documents approving the conclusions of the forwarding agreement

4. Transport - expeditionary services are carried out according to the contract between the freight forwarder and the client, the freight forwarder and carrier.

5. The list of documents which approve the conclusions of the forwarding agreement:

a) the certificate on state registration - the document which approves state registration of the legal entity;

b) INN - identification taxpayer number;

c) the charter of the company - the document which within its requirements the company functions;

d) the insurance policy - insurance document of the vehicle, load etc.;

e) The SHOOTING GALLERY cornet - the customs guarantee document (the Convention of the International Road Delivery) which simplifies cargo transportation process;

e) forwarding delivery note, the forwarding bill of lading and the route sheet - recommended by the republican and international organizations in the field of forwarding activities;

ё) the quality certificate of goods - the document requiring goods quality is issued by certification body;

g) sanitary and epidemiologic documents - it is issued by the center of sanitary and epidemiologic control.

6. Transportation of dangerous, bulky and perishable loads are transported on special permissions and requirements.

7. After agreement signature between the freight forwarder - the sender and the freight forwarder - carrier sign the order - the order in which it is specified the main the requirement, and also transportation cost or services (appendix 1).

3. Requirement about service quality of forwarding activities (freight forwarder)

8. Service quality of forwarding activities includes in itself the following requirements:

a) in the course of the organization of transportation the freight forwarder chooses route, type of vehicles and procedure for cargo hauling providing the vehicle on loading and unloading in time if in the agreement the requirement is not specified others, in case of any incidents, reports to him about it,

b) timely provides to the client information on cargo transportation process;

c) check correctness of loading and cargo placement on the vehicle in case of identification of shortcomings and elimination of the revealed shortcomings;

d) require the damages caused because of the client or carrier;

e) refuse agreement performance of transport expedition and other agreements in cases if transportation is prohibited by the legislation;

e) transportation cannot be performed if owing to circumstances, its implementation is temporarily impossible or caused black-out or restriction of transportations;

ё) require from the client and carrier all documents on vehicles and load to transporting load;

g) the packaging or container ensuring it safety in transit and with load storage is required;

h) check compliance of the shown load provided by the signed agreement.

i) provide to the client or other authorized persons documents on availability of permission (license) for forwarding activities, the list of documents of forwarding services, their cost, data on form and procedure for their payment;

j) control cargo delivery in destination in the terms defined by the freight forwarding agreement;

k) in case of international delivery to issue load to the receiver only after customs clearance;

l) in accordance with the established procedure to indemnify to the client the caused loss;

m) notify the client on decline in quality of the transported load which is under authority of the freight forwarder.

4. Procedure for servicing of forwarding activities

9. Forwarding services are carried out based on the freight forwarding agreement (between "freight forwarder sender" and "freight forwarder carrier").

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