Статья 14«Соглашение между Правительством Российской Федерации и Правительством Республики Ирак о сотрудничестве в области морского транспорта» [рус., англ.]

Со дня вступления в силу настоящего Соглашения в отношениях между Российской Федерацией и Республикой Ирак прекращает действие Соглашение о морском торговом судоходстве между Союзом Советских Социалистических Республик и Иракской Республикой от 25 апреля 1974 г.

Совершено в Багдаде «26» февраля 2025 г. в 2 экземплярах, каждый на русском, арабском и английском языках, причем все тексты имеют одинаковую силу. В случае возникновения разногласий для целей толкования используется текст на английском языке.

The Government of the Russian Federation and the Government of the Republic of Iraq, hereinafter referred to as the Parties,

aiming to develop friendly relations between the two States and strengthening of co-operation between them in the field of maritime transport,

in accordance with the principles of equality and mutual benefit,

have agreed as follows:

The aims of this Agreement are to:

encourage further development of maritime transport relations between the two States;

ensure effective coordination in shipping;

contribute in general to the development of commercial and economic relations between the two States;

develop economic relations and achieve common interests and mutual benefit of two friendly countries.

The terms used in this Agreement, mean the following:

a) «competent authorities»:

in the Russian Federation — the Ministry of Transport of the Russian Federation;

in the Republic of Iraq — the Ministry of Transport of the Republic of Iraq.

The Parties shall inform each other, without delay, of any changes in their competent authorities and contact points through diplomatic channels;

b) «vessel of a Party» — any vessel registered in the shipping register of the State of a Party and flying the flag of that State. This term, however, shall not include warships and other government ships operated for non-commercial purposes, fishing vessels, hydrographic, oceanographic and scientific research vessels, sport vessels and pleasure vessels, as well as vessels carrying dangerous wastes;

c) «shipping enterprise of a Party» — an organization operating vessels engaged in international maritime traffic, which is established in accordance with the legislation of the State of that Party and has its domicile in the territory of that State;

d) «member of the crew» — the master and any other person actually employed for duties on board during the voyage in the working or service of a vessel and included in the crew list.

The Parties shall:

a) promote participation of their vessels in sea traffic between the ports of their Stares;

b) co-operate in elimination of the obstacles which might hamper the development of sea traffic between the ports of their States;

c) not hinder the participation of the vessels of one Party in sea traffic between the ports of the State of the other Party and the ports of third States.

1. Each Party shall grant to vessels of the other Party the same treatment as it affords to its own vessels engaged in international voyages in respect of free access to ports, use of ports for loading and unloading of cargo and for embarking and disembarking passengers, normal commercial operations and use of services intended for navigation.

2. The provisions of paragraph 1 of this article shall not:

a) apply to ports not open to the entry of foreign vessels;

b) apply to activities reserved by each of the Parties for its organizations, including in particular cabotage, towage, pilotage and salvage;

c) oblige either Party to extend to vessels of the other Party exemptions from compulsory pilotage requirements granted to its own vessels;

d) apply to immigration and resettlement of immigrants.

Each Party shall adopt, within the limits of the legislation of its State, all appropriate measures to facilitate and expedite maritime traffic, to prevent unnecessary delays to vessels, and to simplify, as much as possible, the carrying out of border customs control and other formalities required in ports.

1. The documents certifying the nationality of vessels, tonnage certificates and other ship's documents duly issued by one of the Parties, shall be recognized by the other Party.

2. The vessels of each Party holding tonnage certificates issued in accordance with the International Convention on Tonnage Measurement of Ships, 1969 shall not be subject to re-measurement in the ports of the State of the other Party.

1. Each Party shall recognize the seafarer's identity documents duly issued by the relevant authorities of the State of the other Party.

These documents are:

in respect of the Russian Federation — seafarer's identity document and the passport of the Russian Federation citizen certifying the identity of the Russian Federation citizen outside the Russian Federation;

in respect of the Republic of Iraq — seafarer's card or seaman book.

2. Holders of the seafarer's identity documents listed in the crew list of that vessel shall be permitted:

a) to go on shore and temporarily stay in a seaport town without visa during stay of their vessel in port of the State of the other Party in accordance with the national legislation of the host State;

b) to leave their vessel with the permission of the appropriate authorities of the State of the other Party in the port of the State of this Party, where they have completed work as members of the crew, and to move in that port or another one in accordance with the host State's legislation to another vessel operated by the shipping organization of the State of their Party, to proceed working on it as a member of the crew or to go to the place of a new job;

c) regardless of used means of transport to enter the territory of the State of the other Party or to pass through it in transit for the purpose of joining their vessel or transferring to another vessel or for repatriation or for any other purpose approved by the authorities of this other Party in accordance with the national legislation of its State.

While landing and staying in the territory of the State of the Party concerned holders of the seafarer's identity documents shall be subject to frontier, customs and other controls in force in port of that State.

1. Without prejudice to the provisions of the article 7 of this Agreement, the regulations in respect of entry, stay and departure of foreigners shall remain in force in the territories of the States of the Parties.

2. Each Party reserves the right to deny entry to the territory of its State to any person whom it considers undesirable.

1. If a vessel of one Party suffers shipwreck, runs aground, is cast ashore or suffers any other accident in the territorial sea or internal waters of the other Party, the latter Party shall give the same possible assistance to the vessel, its crew, passengers and cargoes as is accorded, in like circumstances, to its own vessels, their crews, passengers and cargoes and shall notify the relevant authorities of the State of the first-mentioned Party without delay, and give them all necessary information and assistance.

2. The issues of search and rescue in the territorial sea of the States of the Parties shall be regulated by the legislation of the State in the territorial sea of which the search and rescue is carried out.

3. The cargo and articles unloaded or saved from the vessel referred to in paragraph 1 of this article, shall not be liable to any customs duties, provided they are not delivered for use or consumption in the territory of the State of the other Party.

The Parties shall maintain and develop effective working relationships between the competent authorities of their States including, in particular, mutual consultations and the exchange of information.

The Parties shall also encourage the development of contacts between the respective shipping enterprises and shipping-related organizations of both States.

The representatives of the competent authorities of the States of the Parties may periodically meet alternately in the Russian Federation and the Republic of Iraq, at the request of one of the Parties for considering the course of implementation of this Agreement and discussion of any other maritime transport matters of mutual interest.

Any dispute between the Parties concerning interpretation or application of this Agreement shall be settled by direct negotiations between the competent authorities of the States of the Parties.

In case no agreement is reached, the dispute shall be settled through diplomatic channels.

1. This Agreement shall enter into force in 30 days from the date of the receipt of the last written notification through diplomatic channels confirming completion by the Parties of the internal procedures necessary for the entry into force of this Agreement.

2. This Agreement may be amended upon written mutual consent of the Parties with the exchange of protocols.

3. This Agreement shall remain in force until 6 months from the date on which either Party notifies in writing through diplomatic channels the other Party of its intention to terminate this Agreement.

From the day of the entry into force of this Agreement in the relations between the Russian Federation and the Republic of Iraq the Agreement on merchant shipping between the Union of Soviet Socialist Republics and the Republic of Iraq on April 25, 1974 shall be terminated.

Done at Baghdad, on «26» February 2025 in 2 copies each in the Russian, Arabic and English languages, all texts being equally authentic. In case of divergence of interpretation the English text shall be used.

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