The agreement between the Government of the Republic of Kazakhstan and the Government of Turkmenistan on use of ports for conversion and transportation of transit cargoes

of February 27, 1997

The government of the Republic of Kazakhstan and the Government of Turkmenistan, the hereinafter referred to as Contracting Parties,

for the purpose of further strengthening of friendship and development of transport bonds between two states,

on the basis of friendship and mutual understanding, agreed as follows:

Article 1

Use seaports of the Republic of Kazakhstan and Turkmenistan on the Caspian Sea for conversion and transportation of the Kazakhstan and Turkmen loads following transit to the third countries and in the opposite direction.

Article 2

Contracting parties will take necessary measures for elimination of delays and restrictions of transit transportations, excepting force majeur circumstances.

Article 3

When implementing transit transportations also regulations of both states will be observed legislative.

Article 4

Competent authorities of Contracting Parties, if necessary, with participation of representatives of other interested ministries and departments:

- develop transit conditions, including rates for conversion, transportation and rendering services;

- create the effective system of mutual calculations and payments for forwarding transactions which is not contradicting legislations of both states. Are understood as competent authorities of Contracting Parties:

- from the Government of the Republic of Kazakhstan - the Ministry of Transport and Communications of the Republic of Kazakhstan;

- from the Government of Turkmenistan - the Turkmen sea shipping company.

Article 5

Support and develop effective business relations between competent authorities, and also encourage development of contacts between their relevant companies and the organizations, in particular, for the purpose of:

- effective use of sea merchant marine fleet, ports, railway tracks, expansion of commercial and scientific and technical ties and experience exchange;

- exchange of opinions concerning activities in the international organizations dealing with problems of mercantile shipping, and participation in international treaties on sea transport.

Article 6

For implementation of the purposes specified in Article 5, and observation of implementation of this agreement Contracting Parties agreed to create the Mixed commission which part representatives of competent authorities of Contracting Parties shall be. Each Contracting Party, if necessary, attracts to work as a part of the Mixed commission of representatives of other interested ministries and departments. The mixed commission:

- will discuss the questions which are of mutual interest arising during implementation of this agreement, in particular, questions of bilateral mercantile shipping, also general questions of the international mercantile shipping;

- can create working groups for discussion of single questions, developments of the corresponding recommendations and their representation for consideration of the Mixed commission;

- by direct negotiations will solve any disputes concerning interpretation or application of provisions of this agreement at the request of one of Contracting Parties. The mixed commission gathers at the initiative of one of Contracting Parties not later, than in three months after receipt of the corresponding address. The agenda of each meeting of the Mixed commission is determined by approval between competent authorities of Contracting Parties.

Article 7

If one of Contracting Parties considers it expedient to change or add any provision of this agreement, it can request consultations from other Contracting Party.

The changes approved with competent authorities of Contracting Parties or amendment shall affirm each Contracting Party according to their interstate procedures. The changes approved and approved by Contracting Parties and amendments to this agreement become effective without delay. No changes and amendments of this agreement affect the rights and obligations which arose during implementation of this agreement before entry into force of such changes and amendments.

Article 8

1. This agreement becomes effective from the date of its signing.

2. This agreement is signed sine die and it is considered terminated after 90 days after the written notice by one Contracting Party of other Contracting Party about its termination.

It is made in the city of Almaty on February "27", 1997 in duplicate, everyone in the Kazakh, Turkmen and Russian languages, all texts are equally authoritative.

In case of discrepancies in interpretation of this agreement Contracting Parties will be guided by the text in Russian.

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