The agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Lithuania On provision of transport and other services for accomplishment of transportation of goods of the Republic of Kazakhstan through the Klaipeda state seaport

of March 7, 1997

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

aiming at full cooperation,

in view of mutual advantage of accomplishment of transportation of goods of the Republic of Kazakhstan en route through the Klaipeda state seaport (further - the Klaipeda port),

for the purpose of accomplishment of high-quality and agreed volumes of interstate transit transportations through the territory of the Republic of Lithuania,

considering necessary interaction of engineering procedure of transportations and commercial services which would guarantee safe movement and profitability of transportations,

agreed as follows:

Article 1

1. The term "transportation of goods through the Klaipeda port" means cargo transportation in (from) the Klaipeda port, its overload, storage and other procedures connected with transportation of goods at the companies and terminals which are in the territory of the Klaipeda port at which accomplishment of these procedures officially is authorized.

2. The term "transit cargo of the Republic of Kazakhstan" means load which is intended for transportation through the Klaipeda port by transit, and sender or the receiver of which is the business entity of the Republic of Kazakhstan.

Article 2

The government of the Republic of Kazakhstan shall:

a) to comprehensively encourage the business entities to use of the Klaipeda port;

b) within the laws and other regulations to simplify and facilitate boundary, customs and other formalities for it is export - the inward cargoes transported through the Klaipeda port.

The government of the Republic of Lithuania shall:

a) to comprehensively promote transportation of goods of the Republic of Kazakhstan en route through the territory of the Republic of Lithuania and the Klaipeda port;

b) within the laws and other regulations to undertake all necessary measures for reduction of vessel idlenesses in the Klaipeda port, simplifications and accelerations of boundary, customs and other formalities in port

c) to transit cargoes of the Republic of Kazakhstan to guarantee the same conditions for use of the provided port services connected with import, export and storage of load, and also with the commercial transactions necessary for servicing of load as well as to the courts.

Article 3

The dangerous goods and loads polluting the environment are transported only in the presence of permission of competent departments of the Republic of Lithuania, and also being guided by the laws and regulations of the Republic of Lithuania.

Article 4

Contracting parties will encourage creation of the joint businesses which are engaged in overload, storage and freight forwarding and ship's agency service.

Article 5

This agreement does not affect the rights and obligations of the Contracting Parties following from other international treaties and agreements which participants they are, and also the rights of the third countries to transport transit cargoes through the territory of the Republic of Lithuania and the Klaipeda port.

Article 6

Contracting parties will create the Mixed commission which part representatives of competent authorities will be. The mixed commission gathers at the request of one of Contracting Parties, not later than in 3 (three) months after receipt of the written application. The agenda for each meeting of the Mixed commission is determined by approval between competent authorities of Contracting Parties.

Competence of the Mixed commission:

a) discussion of efficiency of use of mercantile shipping and the Klaipeda port of the Republic of Lithuania for transportation of transit cargoes of the Republic of Kazakhstan, and also growth in volumes perspective;

b) the decision of any dispute arising in connection with interpretation or application of this agreement;

c) negotiation concerning changes or amendments to this agreement. Changes or amendments to this agreement are drawn up by protocols. If the Mixed commission does not make the decision, the dispute will be solved by negotiations of Contracting Parties.

Article 7

1. This agreement becomes effective in 30 days after Contracting Parties through diplomatic channels inform each other on accomplishment of the interstate procedures necessary for its introduction in force.

2. This agreement is signed for three years. Its action will be prolonged automatically for the next three-year periods if any of Contracting Parties in three months prior to the expiration of the three-year period in writing does not notify other Contracting Party on the desire to terminate this agreement.

"7" March, 1997 in duplicate, everyone in the Kazakh, Lithuanian, and Russian languages are made in the city of Almaty, and all texts have identical legal force. In case of disagreements in interpretation of provisions of this agreement, Contracting Parties will be guided by the text in Russian.

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