Agreement between the Governments of the Republic of Kazakhstan, People's Republic of China, Kyrgyz Republic and Islamic Republic of Pakistan on transit transportations

of March 9, 1995

The government of the Republic of Kazakhstan, the Government of People's Republic of China, the Government of the Kyrgyz Republic and the Government of the Islamic Republic of Pakistan which are referred to as further "Contracting parties":

- recognizing need of implementation of free transit of goods through the territories;

- for the purpose of development of mutually beneficial trade and economic cooperation;

- proceeding from friendly relations

agreed as follows:

Article I

Contracting parties agreed to accept the mode of the multimodal (mixed) transportations and to provide transportations of transit cargoes along mutually agreed routes. At the same time distinctions concerning vehicle accessory will not become.

Article II

Cargo transportation, including baggage, and movement of vehicles of carriers of one Contracting Party through the territories of other Contracting Parties are considered as transit.

Article III

Transit transportations are performed by the vehicles registered according to the procedure, established by the national legal system of Contracting parties.

The authorization system of the international transit is applied to the vehicles determined for transit transportations.

Article IV

Boundary transitions and land routes for transit transportations are given in Appendix 1. Additional routes can periodically be approved between Contracting Parties. Procedures of registration of transit transportations are approved by competent authorities Agreeing the Parties.

Article V

Vehicles of carriers of one Contracting Party will not be imposed taxes and taxes on the territories of the states of other Contracting Parties except for of disputes for transit transportations, use of paid roads, bridges and crossings, and also the rendered services, according to internal regulations of the Contracting Party.

Article VI

The contracting party can impose on the vehicles going en route, road disputes including payment for use of the road.

Article VII

For the purpose of creating favorable conditions customs authorities of Contracting Parties will develop the mutually agreed unified customs procedures and formalities for following of transit cargoes.

Article VIII

Contracting parties will aim to expand possibilities of roadside infrastructures in the territories and to provide in Item or Items of entrance and departure construction of the covered and open areas for the vehicles expecting customs clearance for further following for use of which charges will be levied.

For vehicles with dangerous and off-gage loads separate arrangements will be provided.

Article IX

Contracting parties will aim to meet, whenever possible, demand for rail cars, motor transport and merchant ocean ships.

Article X

Contracting parties agreed that carrier cost different types of transport, harbor and other fees will be considered with the greatest favor, and goods in transit of the Contracting Party will be transported on the same conditions as national loads of the country.

Article XI

Contracting parties for the purpose of acceleration of following of loads along mutually agreed routes agreed to accept the unified document package.

Article XII

Contracting parties have the right to establish any prohibitions and restrictions in transit transportations in cases of violation of the national legal system, not only concerning public safety, morals, hygiene or protection of human life, animal and flora, trademarks and the right of copying, but also the actions causing damage to economy or the territory of the Contracting Party.

Article XIII

Contracting parties give each other opportunity of free transit of goods both Contracting Parties, and the third countries (the states, not being participants of this agreement), through the territories, except smuggling of goods, weapon and ammunition, drugs, and also goods which import and export is forbidden by the laws of Contracting Parties.

The goods in transit imported according to the international practice of trade customs rules and other international obligations will be protected by the Contracting Party through which territory transit is performed.

Article XIV

The questions which are not covered by this agreement will be solved by mutual consultations between Contracting Parties.

Article XV

Each Contracting Party shall appoint responsible persons for joint observation of accomplishment of this agreement and operational representation of problems in competent authorities of the countries. Any question arising during implementation of this agreement will be discussed by responsible persons of all Contracting Parties, as often as they will agree. Such consultations will take place at least 1 time in calendar year.

Procedures and rules of implementation of this agreement will be developed by competent authorities of Contracting Parties on working meetings.

Article XVI

Contracting parties agree to resolve any disagreements relating to interpretation of this agreement by negotiations and in case of impossibility of their settlement to submit for consideration of the arbitration acceptable for all parties whose decision will be obligatory.

Article XVII

Amendments and amendments can be made to this agreement.

Any proposed amendment goes to depositary which informs Contracting Parties.

Amendments are adopted with the consent of Contracting Parties and drawn up by separate protocols.

Article XVIII

This agreement becomes effective from the date of the last notification Contracting Parties about accomplishment of all legislative procedures necessary for entry into force of the Agreement.

Notifications are received by the state - depositary.

Depositary is the state in the territory of which this agreement is signed.

Article XIX

This agreement will be effective within 5 years. On the expiration of this term it will be prolonged automatically the next 5 years.

Each Contracting Party can leave this agreement by the written notice of the intention of depositary not later than 6 months before the termination of effective period of this agreement.

Article XX

This agreement is open for other states which can join it from consent all Agreeing the Parties.

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