On international road transport of passengers and goods

25.10.2017

Agreement

between the Government of the Republic of Uzbekistan and the Government of the Republic of Turkey

The Government of the Republic of Uzbekistan and the Government of the Republic of Turkey, hereinafter referred to as “the Parties”,

desiring to contribute to the strengthening economic relations, development of international road transport of passengers and goods between the two countries and the transit through their territories, as well as desiring to facilitate passenger and goods road traffic between countries,

have agreed as follows:

I. SCOPE

Article 1

1.The provisions of the present Agreement shall apply to the road transport of passengers and goods between the territories of the States of the Parties, in transit through the territories of their countries and to transport of goods to/from territories of the third countries by carriers registered in the territory of the State of one of the Parties on roads open to international motor traffic, through designated check points on the State Border.

2. The present Agreement shall not affect the rights and obligations of the Parties arising from the other international agreements, in which their states are participants to.

II. DEFINITIONS

Article 2

The terms used in this Agreement shall have the following meanings:

1. “Carrier” means any physical or legal person registered in the territory of one of the State of the Parties, which has vehicle at the rights of ownership or other legal basis and admitted in conformity with their national legislation to perform international road transport of passengers or goods.

2. “Vehicle” means:

for passengers transportation — a bus, that is motor vehicle, designed to transport of passengers and which has more than 9 seats, including driver's seat;

for goods transportation — a motor vehicle, designed to transport of goods, including truck, trailer truck, road tractor or road tractor with semitrailer.

3. “Regular passenger transportation” means passenger transportation by bus, carried out in accordance with approved in advance between the competent authorities of the Parties routes, schedules, tariffs (rates), stations, in which carrier shall perform boarding and deboarding of passengers.

4. “Non-regular passenger transportation” means all other passenger transportation by buses that do not come within the term “regular passenger transportation”.

5. “Permit” means a document issued by the competent authority of one of the Parties and granting the right to the vehicles, registered in the territory of the State of the other Party to travel on or through the territory of the State of the Party, which issued this permit.

6. “Transit” means passengers and goods transportation through the territory of one of the State of the Parties under which the points of departure and destination are outside the territory of the State of that Party.

7. “Transportation to/from third countries” — means a goods transportation by motor vehicle, performing by carriers registered in the territory of the State of one Party, between the points, one of which is located in the territory of the State of the other Party, and the other — in the territory of a third state, being non-party to this Agreement.

8. “Dangerous goods” means substances, materials, products and wastes, which, due to their characteristics and features in presence of certain factors, during transportation, loading or unloading process may cause explosion, fire or damage of carried goods, technical facilities, equipments, buildings, constructions and other objects, as well as damage of human health and life, environment.

III. PASSENGERS TRANSPORTATION

Article 3

1. Regular passengers transportation shall be organized under the agreement between competent authorities of the Parties.

2. Proposals for arrangement of such transportation shall be submitted by the competent authorities of the Parties in advance. Mentioned proposals shall contain information about the name of a carrier, routes, movement schedule, tariff, stop-off points at which the carrier shall board and deboard the passengers, as well as planned period and frequency of transportation.

3. The competent authorities of the Parties shall approve (in written) the procedures of organization of regular passenger transportation through territories of their states.

Article 4

1. For performing non-regular passenger transportation between the two countries or in transit through their territories required a permit, issued by the competent authorities of the Parties. The competent authorities of the Parties shall agree on the procedures of exchanging permit forms.

2. The competent authorities of the Parties shall issue a permit for the track section of the route that passes through the territories of their countries.

3. For each non-regular passenger transportation shall be issued a separate permit, which grants the right to perform one round-trip, unless otherwise stipulated in the permit itself.

IV. GOODS TRANSPORTATION

Article 5

1. Goods transportation between the territories of the States of the Parties, in transit through their territories, as well as to/from third countries, except for transportation provided for in Article 6 of the present Agreement shall be carried out by the vehicles in accordance with permits issued by the competent authorities of the Parties.

2. For each vehicle shall be issued a separate permit, which is valid only for the carrier that received the permit. Each such permit gives the right to carry out a round-trip transportation. Permits submitted within the current year shall be valid until 31st of January of the next year. Permit shall also be required for empty run (deadheading).

3. Each year the competent authorities of the Parties shall mutually agree on the same amount of the permits on equal basis with charge and/or permits which are free of charge, for international goods transportation and shall submit them to each other. Said permits must bear a stamp of the competent authority of the Party and the signature of a person issuing this permit. Upon one of the Parties request, additional permits may be given.

4. The competent authorities of the Parties shall agree between themselves the procedure for exchanging of permits.

Article 6

Permits are not required for the following carriages of:

a) movable properties during resettlement;

b) materials and objects including art works intended for fairs and exhibitions;

c) vehicles, stocks and sporting properties intended for sporting events;

d) theatrical decor and requisites, musical instruments, materials and objects used exclusively for advertising and informational purposes, equipments for radio broadcasting recordings, film and TV shootings, as well as circus performances;

e) remains or ashes of the dead;

f) transporting for the purposes of humanitarian and medical aid, rescue operation or in response to natural disasters;

g) transportation by vehicles whose total laden weight, including trailers and/or semi-trailers, do not exceed 3.5 tones;

h) live animals;

i) postal sendings.

V. GENERAL PROVISIONS

Article 7

l . Motor vehicles performing international road transport shall have registrations and distinctive marks of their states.

2. Carriers are not allowed to transport of passengers or goods between the two points within the territory of the State of the other Party.

Article 8

1. The drivers of vehicles of the Parties shall have national or international driving licenses, coITesponding to the category of their vehicles, and national registration documents for a vehicle.

2. National or international driving license and national registration documents for a vehicle must comply with requirements established by the Vienna Convention on Road Traffic approved in November 8, 1968.

3. Permits and other documents required under the provisions of this Agreement shall be on board of the vehicle that they relate to, and shall be presented upon authorities' request.

Article 9

1. The carrier must obtain a special permission of the competent authority of the other Party in accordance with the national legislation of that state when dimensions and weight parameters of a vehicle, following without cargo, or with cargo exceed the standards established in the territory of the State of the other Party.

2. If the permit mentioned in paragraph 1 of this Article provides permission for the movement of a vehicle on a particular route, the transportation must be carried out only on that route.

Article 10

Transportation and transit of arms, ammunition and military equipment, other special and dangerous goods, through the territories of the States of the Parties shall be carried out in accordance with their national legislation.

The Parties shall present each other a list of goods prohibited for import, export and transit through territories of their States, in accordance with their national legislation.

Article 11

1.The vehicles of one Party performing transportation in the frame of this Agreement and having permits which are free of charge, as well as vehicles carrying out transport operations under Article 6 of the present Agreement, shall be exempted from fees and charges in force related to the possession and use of motor vehicles and the use and maintenance of highways of the other Party, with the exception of:

fees and charges for use of toll roads, highways, bridges and tunnels if such fees and charges are chargeable, including for the vehicles of this Party;

fees and charges for excess of weight, dimension, load capacity of the vehicle in accordance with the standards established by national legislation of the States of the Parties.

2. In the presence of toll roads, bridges and tunnels, the carrier shall have possibility to perform transportation on alternative free roads.

3. The competent authorities of the Parties shall exchange information on operating toll roads, highways, bridges and tunnels in territories of the States of the Parties.

Article 12

1. In performing a carriage in accordance with this Agreement the following items shall be mutually exempted from customs duties, taxes and charges imported into or exported from the territory of the States of the Parties:

a) fuel contained in the fuel tanks provided by the manufacturer for the respective vehicle model and technologically and structurally integrated with the fuel supply system of the engine, as well as fuel contained in the fuel tanks installed by the manufacturer of trailers and semi-trailers which serves for operation of heating/cooling equipments. However, the Parties may impose restrictions on the amount of the duty-exempted fuel contained in the standard tanks of the vehicles;

b) lubricants in quantities necessary for usage during transport operation;

c) spare parts, assemblies and tools for repair of the damaged vehicle, performing international road transport, which are imported into the territory of the State of the other Party in presence of trustworthy confirmation of assignment.

2. Unutilized spare parts shall be re-exported and replaced parts are to be removed from the territory or either drawn in a different customs regime in accordance with the order established by the legislation in the territory of State of that Party.

Article 13

Each Party, in accordance with national legislation of its State, shall perform border, customs, sanitary, veterinary and phytosanitary control and control on the protection of the environment and nature.

Article 14

The carriers and crews of the vehicles of the Parties are obliged to follow the traffic regulations and national legislation of the State of the Party in the territory of whom the vehicle is located.

Article 15

Passengers and goods transportation in accordance with this Agreement shall be performed under the terms of obligatory liability insurance of vehicle owners for the damage caused to the third parties. The carrier is obliged to insure in advance each vehicle carrying out mentioned transport operations in accordance with the national legislation of the States of the Parties.

Article 16

In case of a violation by a carrier or its drivers the legislation of the State of the other Party, or provision of the present Agreement, the competent authority of the Party in whose territory the violation has been occurred, shall notify the competent authority of the other Party, which will take the necessary measures under the national legislation of its state. The competent authorities of the Parties shall mutually inform each other on the measures taken.

VI. JOINT COMMITTEE

Article 17

In order to ensure proper realization of the provisions of the present Agreement and prompt resolution of disputes arising in course of its application which can not be solved through direct contacts between the competent authorities of the Parties, shall be established a Joint Committee.

A Joint Committee from the representatives of authorized bodies of both Parties, upon the request of a Party, shall be convened alternately in the territory of the State of each of them.

The Parties undertake to carry out the decisions of the Joint Committee.

The Joint Committee may adopt recommendations on supplementing and amending the articles of this Agreement.

Article 18

In order to implement the provisions of the present Agreement, the competent authorities of Parties are:

for the Republic of Uzbekistan — Uzbek Agency of Automobile and River Transport, the Ministry for foreign trade, the Ministry of Internal Affairs, the State committee for automobile roads;

for the Republic of Turkey - Ministry of Transport, Maritime Affairs and Communications, General Directorate for Road Transport Regulation.

In case of change of the official names and functions of the competent authorities of the Parties, the Parties shall promptly notify each other through diplomatic channels.

Article 19

Any disputes arising between the Parties in relation to interpretation or application of the provisions of the present Agreement shall be resolved by the Parties through consultations and negotiations.

Issues not regulated by this Agreement, as well as by international treaties in which both Parties are participants to, shall be resolved in accordance with the national legislation of each Party.

VII. FINAL PROVISIONS

Article 20

The alterations and amendments to this Agreement shall be made by the mutual consent of the Parties through the protocols, which are an integral part of this Agreement and shall come into force as provided in Article 21 of this Agreement.

Article 21

The present Agreement shall enter into force after expiration of thirty (30) days from the date of receipt through diplomatic channels of the last written notification of the Parties about completion of internal state procedures necessary for the entry into force of this Agreement.

The present Agreement is concluded for an indefinite period and shall be valid until the expiry of six months from the date of receipt by one of the Parties a written notification of the other Party of its intention to terminate this Agreement.

Upon entry into force of this Agreement, International Road Transport Agreement between the Government of the Republic of Uzbekistan and the Government of the Republic of Turkey, signed in Tashkent on April 28, 1992, shall be terminated.

Done at Ankara on 25 October, 2017, in two originals, each in Uzbek, Turkish and English languages, all texts being equally authentic.

In case of divergence of interpretation of provisions of this Agreement, the English text shall prevail.

(signatures)