On the ratification of the Transit Trade Agreement of the Economic Cooperation Organization, signed in Islamabad on March 15, 1995

Home / RLA / On the ratification of the Transit Trade Agreement of the Economic Cooperation Organization, signed in Islamabad on March 15, 1995

The Law of the Republic of Kazakhstan dated October 18, 1996 N 39-1

To ratify the Organization's Transit Trade Agreement Economic Cooperation, signed in Islamabad on March 15, 1995.

President

Republic of Kazakhstan

Agreement

about the Organization's transit trade Economic Cooperation (ECO)

DESIRING to facilitate trade between the Member countries, CONSIDERING that the main thing is to improve transit trade through the territory of the member countries, AGREEING that in order to achieve the objectives outlined in the Izmir Treaty, unified simplified and harmonized administrative formalities are needed, including customs procedures in the field of regional trade, especially at border crossing points, seaports and airports.

The MEMBER COUNTRIES have concluded this Agreement on the following:

Section I

General provisions

(a) Name

Article 1

This Agreement will be referred to as the "Transit Agreement

Trade Organization for Economic Cooperation (ECO)".

(b) Definitions

Article II

(i) "Member country" means a State that is a member of ECO.

(ii) "Secretariat" means the ECO Secretariat.

(iii) "Contracting Party" means a Member country that has signed and acceded to the Agreement. (iv) "Container" means a unit of transport equipment (removable container, portable tank or any other similar means) of a permanent nature in which cargo can be stored and which can be used repeatedly. (v) "Goods" means only a batch of commercial goods and does not include personal belongings of passengers. (vi) "Guaranteeing Association" means an association authorized by the Customs authorities of a Contracting Member Country to act as a guarantor for persons using Procedure 2 of this Agreement. (vii) "Import or export duties and taxes" means customs duties and any other central and local duties, taxes, payments and other charges that are levied on (or in connection with) the import or export of goods, but do not include fees or duties collected on the cost of services rendered. (viii) "Railway carriage" means any railway carriage intended for the carriage of goods. (ix) "Road transport" means any motor-driven vehicle, including trailers and semi-trailers attached to them. c) The goal

Article III The purpose of this Agreement is to facilitate trade between two ECO member countries in the event that the goods being transported must cross the territory of another or other ECO member countries en route. d) Scope of action

Article IV This Agreement will apply to the transportation of goods with or without intermediate transshipment across one or more borders between the customs point of departure of one Member country and the customs point of destination of another Member country, passing through the jurisdiction of another or other ECO member countries.

Article V The provisions of this Agreement will apply to goods transported by road, rail, sea, air or a combination of these modes of transport. Section 2 Principles - 3 -

Article VI Goods transported under this Agreement are not subject to the imposition of import or export duties or taxes, as well as the deposit of such duties and taxes in transit through the territory of any Member State. The Guaranteeing Association will assume the payment of import or export duties or taxes, as well as interest in case of non-fulfillment of obligations payable in accordance with the customs legislation of the country in whose territory the violation under this Article was recorded.  

Article VII (a) Goods transported under this Agreement are, as a rule, not subject to Customs inspection en route. In exceptional cases, in order to avoid abuse, the customs authorities may inspect the cargo only if any violations are suspected. b) In order to use the facilities provided under this Agreement, goods must be transported by sea or by air, or in sealed trucks, containers, railway wagons or a combination of these modes of transport and sealed according to the rules adopted by the Guaranteeing Association.

Article VIII The provisions of this Agreement may not apply in the case of heavy or bulk cargoes that cannot be transported in sealed containers or wagons, provided that the Guaranteeing Association issues an appropriate certificate in this regard.

Article IX (a) The provisions of this Agreement will not prevent the introduction of restrictions and controls that are mandatory under current legislation or for religious reasons, requirements of public morality and safety, hygiene or - 4 - public health, as well as for environmental, veterinary or phytopathological reasons. b) This Agreement will not prevent the provision of greater opportunities that the signatory country wishes to provide unilaterally, or within the framework of bilateral or multilateral agreements, provided that such opportunities do not interfere with the application of the provisions of this Agreement. Section 3 Workflow

Article X (a) In order to use the facilities provided under this Agreement, the Customs point of departure issues a certificate certifying the nature and quantity of the cargo, as well as the type of transport used and the possible route. b) The customs offices of the member countries along the route of the cargo must recognize the validity of such a certificate.

Article XI The relevant state authorities of the country or member states en route will provide, within the framework of this Agreement and in accordance with their applicable legislation, all opportunities for the transportation of goods passing through their territory and accelerate their transshipment from one mode of transport to another, if necessary. Section 4 Control Article XII (a) To monitor the development of transit trade under this Agreement, an ECO Transit Trade Committee will be established, consisting of one representative from each of the 5 member countries that have signed the Agreement. b) In addition to exercising control over the activities under this Agreement referred to in paragraph (a) above. The Committee will develop the procedures necessary for its implementation. The Committee will also resolve any disputes that may arise during the implementation of the Agreement. c) The Committee will meet once a year, but may meet more frequently if necessary. Section 5 Amendments

Article XIII The Committee to be established pursuant to paragraph (a) Articles XII or the Member State may make any amendments subject to the approval of the Council of Ministers. Section 6 Ratification and entry into force

Article XIV (a) Each signatory Country must ratify this Agreement in accordance with its applicable legislation and constitutional practice and notify the Secretariat accordingly. b) This Agreement shall enter into force on the sixtieth day after more than three Member countries have signed, ratified it and submitted their instruments of ratification to the Secretariat.

c) In the event that any Member country enters into this agreement, After the Agreement enters into force, this Agreement shall enter into force in respect of that member country immediately after it submits its instrument of ratification to the ECO Secretariat.

In confirmation of which, the following authorized representatives have signed this Agreement.

- 6 -

Done on March 15, 1995, in English, in two original copies, which will be transmitted to the ECO Secretariat, which in turn will transmit one certified copy to each member country.

On behalf of

The Republic of Azerbaijan

On behalf of

The Islamic Republic of Iran

On behalf of

Republic of Kazakhstan

On behalf of

Of the Kyrgyz Republic

On behalf of

The Islamic Republic of Pakistan

On behalf of

Republic of Tajikistan

On behalf of

The Republic of Turkey

On behalf of

Turkmenistan

President

Republic of Kazakhstan

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