Draft Agreement on International Road Transportation between Pakistan & Azerbaijan

Status: In force


Republic of Azerbaijan and the Islamic Republic of Pakistan hereinafter referred to as Contracting Parties,

Conscious of the need of developing bilateral economic relations,

Wishing to contribute to the development of transit road transportations between two Parties, agreed as follows:

ARTICLE 1

According to the articles of the present Contract, the carriers of the Contracting Parties have a right to carry out international road transportations between two countries and transit transportations to/from the third countries.

The articles of the present Contract do not exclude the limitation on transit transportations, which may damage national security of Contracting Parties.

ARTICLE 2

1.            The term "Carrier" means any physical or legal person registered in one of the Contracting Parties which has a right to carry out international passenger and cargo transportations at his own expenses or/and by paying rent or taxes according to national legislation of Contracting Party he is registered in.

2.            The term "Transport Means" means a combination of transport means with engine or transport means registered in one of the Contracting Parties and used only for the passenger or cargo transportations because of its construction.

3.            The term "Passenger Transport Means" means a transport means with more than 9 seats including the driver's seat, constructed for passenger transportations.

4.            The term "Cabotage" means transportation carried out by the Carrier of one Contracting Party between the points in the territory of the other Contracting Party.

5.            The term "Regular Transportations" means transportations carried out by the buses of the Contracting Parties on the route and passenger stops.

6.            The term "Permission" means a document giving right to the road transport means of one Contracting Party to enter or leave the territory of the other Contracting Party or pass through the territory of Contracting Parties.

7.            The term "Special Permission" means a document giving right to carry out transportations by big sized heavy-loaded road transport means as well as to carry out transit transportations of dangerous goods through the territory of the Contracting Parties according to its national legislation.

ARTICLE 3

Permission is required in order to implement the regular transit passenger transportations between or across the territories of Contracting Parties. The application for permission should contain the following information:

1.            The name and address of the carrier;

2.            The schedule of the route (stop points for the passengers to get on and off, border crossing points);

3.            Time-table of transportation;

4.            The length of the route;

5.            Tariffs.

The competent authorities of the Contracting Parties may demand additional information from the carriers for issuing permission.

ARTICLE 4

Permission is required to carry out transportations between the territory of Contracting Parties and for transit transportations across their territory, except transportations referred to in Article 5 of this Contract.

Only the carrier can use the Permission. It is consider valid for the use of combination of transport facilities irrespective of the country the trailer and semi-trailer is registered in (trailed vehicle or articulated lorry). The competent authorities of the Contracting Parties twice a year agree upon the quantity of the permissions.

ARTICLE 5

No permission is required for the transportation of the following types of cargo:

-              Home utensil;

-              Corpses;

-              Equipment and cargo for exhibitions and fairs;

-              Pedigreed animals, transport facilities and other types of cargo for sport competitions;

-              Music instruments or equipment for films or TV/ radio programs, theater decoration and accessories;

-              Damaged transport facilities;

-              Medical equipment or materials for disaster relief operations.

Other transport services may also be carried out without permissions after negotiations between competent authorities of Contracting Parties.

ARTICLE 6

1.            The weight and the size of the transport means, including suspended weight should be subject to the official registration of the transport means and should not exceed the limits in force in the country accepting them.

2.            A special permission of the accepting country is required if the weight and/or size of the loaded or unloaded transport means used according to the terms of this Contract, exceeds the allowed maximum limit.

ARTICLE 7

The articles of the European Agreement on International Road Transportations of Dangerous Goods (DOPOG, Geneva, 1957) shall be applied for transportations of dangerous goods.

ARTICLE 8

During the transportations carried out through the territory of Contracting Parties the National Legislation of appropriate Party must be followed. The regulations referred to in this item shall be applied to the sending Party as well as to the residents of the accepting Party on the same conditions without any discrimination.

ARTICLE 9

Cabotage cannot be carried out without the special Permission of the competent authorities of the Contracting Parties.

ARTICLE 10

In line with the articles of this Contract the transportation of transport means shall be exempted from the taxes and duties, except custom duties or taxes and customs for the use of motorways in the territories of the Contracting Parties. Amount of fuel permitted by the laws of the accepting country and transported in the tanks fixed to the transport accordingly to its technical characteristics and oil kept in the transport means only for usage purposes shall be exempted from the taxes, payments and import customs.

a.            Engine fuel, transport services and usage payments shall not be exempted from taxes and customs.

b.            In case of breakage of transport means the spare parts provided in the territory of the accepting Party are sent back or liquidated on the order of the authorized customs bodies.

ARTICLE 11

1.            If carrier established in the territory of one Contracting Parties breaks the law in force in the territory of the accepting Party and the articles of this Contract, competent authorities of sending Party shall take measures according to its national legislation in regard to this issue on the appeal of competent authorities of accepting Party.

2.            Competent authorities shall inform the appealing authorities of accepting country on the measures taken.

3.            The items of this article do not exclude legal sanctions to be applied by the executive bodies or courts of the Party the violation of law took place.

ARTICLE 12

The competent authorities for the purposes of this Contract are the following:

-              The Ministry of Transport of the Republic of Azerbaijan

-              The Ministry of Transport of the Islamic Republic of Pakistan

ARTICLE 13

1.            The Contracting Parties shall create a Joint Committee in charge of the implementation of the articles of this Contract and settlement of disputes.

2.            This Joint Committee shall be assembled by turns in the territories of the Contracting Parties on the basis of the Contracting Parties appeal.

3.            All disagreements in interpretation of the articles of this Contract shall be settled in the framework of the meetings of above-mentioned Joint Committee.

ARTICLE 14

The present Contract shall not influence the regulations referred to in the international contracts and agreements that the Contracting Parties have signed or are members of.

ARTICLE 15

1.            This Contract comes into force on the date of receiving by Contracting Parties the written notification informing each other on the implementation of appropriate internal legal procedures.

2.            This Contract is signed for 5-year-term and the term is automatically prolonged up to the next term if none of the Contracting Parties inform the other in written form about its intention to withdraw from the Contract before three months left up to the end of the appropriate term.

3.            The Contract has been prepared in Azerbaijani, and English each in two copies in the city of In the three texts being equally authentic.

In case of disagreement in the interpretation of some articles of this Contract all possible discussions should be held on the basis of English version.

 

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