The agreement between the Government of the Republic of Kazakhstan and the Government of the Azerbaijan Republic on cooperation in the field of sea mercantile shipping

of June 10, 1997

The government of the Republic of Kazakhstan and the Government of the Azerbaijan Republic, hereinafter referred to as "Contracting parties", wishing to strengthen and develop the relations between two countries and the fields of mercantile sea shipping according to the principles of equality, mutual advantage and mutual assistance, agreed as follows.

Article 1.

For the purposes of this agreement:

1) the term "vessel of the Contracting Party" means any merchant vessel entered in the ship register or other corresponding official list of this Contracting Party and flying flag of this Contracting Party according to its laws and legal instructions. However this term does not include:

a) the warships and other civil vessels operated in non-commercial purposes;

b) sports vessels and pleasure yachts;

2) the term "crew member" means the captain and any other person, really busy during flight onboard the vessel accomplishment of the obligations connected with operation of the vessel or servicing on it, and included in the muster roll;

3) the term "ports" means ports and others officially the permitted Items for servicing of courts, open for foreign navigation;

4) the term means "competent authorities": from the Republic of Kazakhstan - the Ministry of Transport and Communications; from the Azerbaijan Republic - the Caspian sea shipping company.

Article 2.

Contracting parties according to this agreement will render every possible assistance in freedom of merchant shipping and to abstain from any actions which could cause damage to normal development of the international navigation.

Article 3.

1. Contracting parties will render assistance to development of bilateral mercantile shipping, being guided at the same time by the principles of equality and mutual advantage.

2. Contracting Parties will assist close cooperation between their freight, navigable and connected with navigation companies and the organizations in transportation of goods of bilateral foreign trade.

Article 4.

1. Contracting parties agree:

a) promote participation of vessels of Contracting Parties in carriages by sea between ports of their countries, and also promote further development of ferry transportations;

b) cooperate in removal of obstacles which could complicate development of transportations between ports of their countries;

c) not interfere with vessels of one Contracting Party to participate in transportations between ports of the state of other Contracting Party and ports of the third countries.

2. Provisions of this Article do not affect the right of courts of the third countries to participate in transportations between ports of the states of Contracting Parties.

Article 5.

Contracting parties will render according to the national legal system existing in the territory of their states necessary assistance to the navigable or connected with navigation companies and the commercial organizations of one Contracting Party in opening of lines by them in/from ports of the states of other Contracting Party, and also in organization them in the territory of the state of other Contracting Party of representations or joint businesses.

Article 6.

1. Each Contracting Party will provide to vessels of other Contracting Party the same mode, as well as to the courts, concerning open entry to ports, provision of berth spaces, use of ports for loading and unloading of loads, landing and disembarkation of passengers, payment of ship and other harbor fees and use of the services intended for sea navigation.

2. Each Contracting Party will provide to the courts under the flag of the third countries operated by the sea navigable companies of other Contracting Party, the mode, stipulated in Item 1 this Article if it does not contradict its obligations following from international agreements or its corresponding legal instructions.

3. Action of Items 1 and 2 of this Article:

a) does not extend to the ports or parts of ports not open for calling of foreign vessels;

b) it is not applied to activities which are reserved by each of Agreeing the Parties for the companies or the organizations, including, in particular, cabotage, and also rescuing, towage, port services, lifting sunken vessels, obligatory pilot posting, the help on the sea and fishing in zone of sovereignty and national jurisdiciton of the state of each Contracting Party.

Article 7.

Each Contracting Party will accept within the national laws and port rules all necessary measures for simplification and acceleration of maritime transports, prevention of the delays of courts and the greatest possible acceleration and simplification of implementation of customs and other formalities which are not caused by need for ports.

Article 8.

1. The ship's papers issued or recognized by one of Contracting Parties and being onboard will be recognized also other Contracting Party.

2. The vessels of one Contracting Party supplied properly with the issued documents on measurement of courts according to the International Convention on measurement of courts of 1969 are exempted from new measurement in ports of the states of other Contracting Party. These documents will be assumed as a basis in case of calculation of the harbor fees.

Article 9.

Each Contracting Party will provide to owners of the identity certificates of the seaman issued by the competent authorities of other Contracting Party, the rights specified in Articles 10 and 11 of this agreement.

Are understood as identity certificates of the seaman:

concerning the Republic of Kazakhstan - the passport of the seaman;

concerning the Azerbaijan Republic - the book of the seaman.

Article 10.

1. It is allowed to the owner of the identity certificate of the seaman:

a) as the crew member of the vessel of the Contracting Party which issued this certificate during stay of the vessel in port of the state of other Contracting Party without visa to descend on the coast and to be temporarily in seaport according to the rules existing there;

b) in port of the state of other Contracting Party to leave the vessel where it finished the work as the crew member with the permission of the competent authorities and to pass in the same or other port to other vessel operated by the navigable company of the same Contracting Party to get to work on it as the crew member or to follow this vessel to the place of new work.

2. The competent authorities of one Contracting Party permit the crew member who was due to illness taken to hospital in the territory of the state of other Contracting Party, the stay necessary for treatment.

3. Items 1 and 2 of this Article are respectively applied to persons who carry out service duties onboard and do not belong to crew provided that they are entered in the list of crew members (muster roll).

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