Agreement between Turkmenistan Afghanistan on transit traffic

Here is the unofficial translation of the agreement:

 

Agreement between Government of Turkmenistan and Government of Islamic Republic of Afghanistan on transit traffic

The Government of Turkmenistan and the Government of Islamic Republic of Afghanistan, hereinafter referred to as Parties, aiming at strengthening and expansion of friendly relations, development of economic and trade cooperation; taking into account the necessity of ensuring of favorable conditions for transit transportations of cargo and passengers via territory of Party states have agreed as follows: 

Article 1

The Parties have noted that the regulations of the present Agreement will be applicable as regards to transit traffic of cargo and of passengers by automobile and railway transport of the Parties.

Article 2

The transportation of cargoes and of passengers on the territory of  one of the Parties is considered as transit traffic, if the departure point or destination point are located outside of this Party and on the territory of another Party.

The change and repair of transport facilities, transshipment, storage of cargo on custom ware-houses and their re-packing will not affect the manner of transit of cargo.

Article 3

The Parties will permit the transit transportations of cargoes and passengers via territories of their states with observance of norms and rules, established by national legislations of the Party-states.

The goods, requiring sanitary or veterinary certifications, would be transported with corresponding documentations.

Article 4

With the purpose of effective realization of the regulations of the present Agreement, the Parties will take measures on improvement of highways, railways and bridges, located on the territories of Party-states.

The Parties will maintain the appropriate conditions of transport highways and their infrastructure.

Article 5

The levying of taxes, dues and fees on transit traffic of cargo and of passengers would be carried in accordance with acting legislations of Party-states. Simultaneously, the Parties will be able to consider all these issues in the meetings of Joint intergovernmental Turkmen-Afghan commission on economic cooperation and by the means of signing of corresponding bilateral documents and agreements between the Parties. 

Article 6

The Parties agreed that international driver licenses, issued by authorities of one of the Parties, will valid  on the territory of another Party. 

Article 7

The carrier, registered on the territory of one of the Parties, carrying out the trafficking via territory of another Party, is permitted on the way back to take the cargo and passengers of its own country or of the third country with the purpose of transit trafficking to its own country. In this case the regulations of the present Agreement should be observed.

Article 8

The Parties will permit the citizens and transport companies of each other to use its transport facilities with the purpose transit traffic of cargo and of passengers on the territory of one of the contracting Parties.

The Parties will permit the opening of offices and representations of their transport companies on territory of each other in accordance with national legislations of their states.

Article 9

In the case of force majeur, confirmed by the authorized organs of the Parties, the implementation of the present Agreement is suspended. After stopping of force majeur, announced by authorized organs of the Parties the transit traffic will be resumes in accordance with the regulations of the Present Agreement.

Article 10

No one of the articles of the present Agreement cannot be interpreted as obstacle for taking the measures aimed at ensuring of public order, health protection of population, environment protection, ensuring of national security on the territories of Party-states. 

Article 11

The regulations of the present Agreement do not affect the rights and obligations, fixed by other international treaties, signed by the Parties.

Article 12

All disputes concerning the application and interpretation of the regulations of the Present Agreement will be solved by means of consultations and negotiations between the Parties. 

Article 13

On mutual consent of the Parties the present Agreement can be amended. The amendments is fixed in separate protocols, which would the essential part and will come  into force in accordance with procedures, stipulated in the Article 14 of the present Agreement.

Article 14

The present Agreement will come into force as soon as the Parties have exchanged through diplomatic channels the notifications about the implementation of domestic procedures, which are necessary for coming into force of the Present Agreement. The present Agreement have been concluded for the period of five years and will be automatically renewed for the next five year, unless either of the Parties gives a written notice to the other Party, at least six months before the expiration of this Agreement, of its intention to denounce.

The present Agreement has been done in Ashgabat city on July 5, 2007, corresponding to 14 Saratan 1386 of sun hijra in two original copies, both in Turkmen and Dari languages, all texts are being equally authentic.

For government of Turkmenistan, Hodjamyrat Geldymyradov, Minister of economy and finances

For government of Islamic Republic Of Afghanistan, Rangin Dadfar Spanta, Minister of foreign affaires

Ashgabat, 5 July 2007