Статья 13«Соглашение о международном транспортном коридоре „Север — Юг“ [рус., англ.]»

Вступление в силу

13.1. Настоящее Соглашение вступает в силу через 30 дней с даты сдачи на хранение любыми тремя Сторонами государству — депозитарию документа о ратификации, одобренного в соответствии с процедурами, предусмотренными национальными законодательствами.

13.2. Для Стороны, выполнившей внутригосударственные процедуры позднее, настоящее Соглашение вступает в силу через 30 дней с даты сдачи на хранение государству — депозитарию документа о ратификации, одобренного в соответствии с процедурами, предусмотренными национальным законодательством.

Совершено в г. Санкт-Петербурге 12 сентября 2000 года в единственном экземпляре на английском языке и национальных языках Сторон, изначально подписавших настоящее Соглашение, причем все тексты имеют одинаковую силу. Для целей толкования используется текст на английском языке.

В удостоверение чего нижеподписавшиеся должным образом на то уполномоченные представители государств — Сторон подписали настоящее Соглашение.

IN THE NAME OF GOD

INTER-GOVERNMENTAL AGREEMENT ON INTERNATIONAL NORTH-SOUTH TRANSPORT CORRIDOR

(Saint Petersburg, 12.IX.2000)

The Government of the Republic of India

The Government of the Islamic Republic of Iran

The Government of the Sultanate of Oman

The Government of the Russian Federation

Hereinafter referred to as «Parties»

determined to support, develop and strengthen friendly relations and cooperation among them,

understanding growing interrelations of nations in the region and globally,

giving significant consideration to extension of external economic ties and raising their efficiency,

acknowledging importance of existing agreements on transit shipments for international trade and speeding up of economic development of the nations,

stressing their commitments to facilitation of uninterrupted, timely and effective movement of goods from/to other countries,

wishing to further develop their respective modes of handling transit of passengers and goods on the basis of prevailing experience and in accordance with the International Conventions and standards,

extending maximum efforts for the due usage of existing transport infrastructure and performance of passenger and goods transport along the international North-South transport corridor,

have agreed as follows:

For the purpose of this Agreement the following terms shall mean as follows,

1.1 «All modes of transport»

transport infrastructure and transport modes providing transportation of passengers and goods by rail, sea, road, river and air routes. However, in case of India — transport infrastructure and transport modes providing transportation of goods by sea routes only.

1.2 «Cargo transport» — the kind of transportation service for movement of goods while keeping their physical/chemical properties and mass within the agreed limits.

1.3 «Container» — following transport device:

• fully/partly covered capacity designed for storage of goods;
• of permanent nature, and, because of that, having construction sufficient enough for multiple use;
• specially designed to facilitate transportation of goods by means of one or more types of transport without intermediate reloading of goods;
• designed to secure easy load/unload and easy to handle including its replacement from one transport mode to another;
• of internal volume not less than one cubic meter.

1.4 «Forwarder» — legal entity or a physical person who in fact effects cargo movement or who is responsible for the use of a transport facility and who carries out international transport of goods and passengers with their baggage in accordance with the national legislation of the state Parties along the international North-South corridor.

1.5 «Goods» — all types of cargoes transported in wagons, containers or by any other means that are not forbidden by the national legislation of the state Parties.

1.6 «International transit of goods» — movement of goods through the territory of a Party with their origin/destination points lying outside the State, under customs' control.

1.7 «International transport» — movement of passengers/goods by various modes of transport, carried out through the territories of at least two Parties to this agreement.

1.8 «International transport corridor» — a network of main transport systems (both existing and to be constructed) connecting the Parties, as a rule equipped adequately to handle various modes of transport, which shall ensure international transportation of passengers and goods especially in the directions of their most concentration.

1.9 «International North-South transport corridor» — from India, Oman via sea to and through Iran, Caspian sea, the Russian Federation and beyond and back.

1.10 «Passenger» — the consumer of transport services related to the movement of physical person by any mode of transport, who has concluded a contract for transportation.

1.11 «Passenger transport» — the kind of transport service for movement of physical person (passengers) by every mode of transport.

1.12 «Related installations» within the framework of international transport corridor shall refer to border crossing points, customs terminals, stations for the exchange of wagon groups, gauge interchange stations, as well as rail road and combined ferry links/ports, both existing and to be constructed, which are of great importance for international transport along the international North-South corridor.

a) increasing effectiveness of transport ties in order to organize passengers and goods transport along the international North-South transport corridor;

b) promotion of access to the international market through rail, road, sea, river and air transport;

c) assisting the international transport of goods;

d) providing security of travel, safety of goods as well as environmental protection according to the international standards;

e) harmonization of transport policies as well as law and legislative basis in the field of transport for the purpose of implementing this Agreement;

f) setting up equal non-discriminative conditions for all types of transport service providers from all the Parties in transport of passengers and goods within the framework of the international North-South transport corridor.

2.2 In accordance with the objectives stipulated in the Article 2.1 above, the Parties shall make every effort aimed at:

a) reducing transit time for passenger and goods transport on their respective territories;

b) minimizing transit transport cost;

c) simplifying and unifying all administrative documentation and procedures (including customs) applicable to international transport of passengers and goods through their respective territories in accordance with the adopted international agreements and standards.

3.1 Provisions of this Agreement shall regulate international transport and transit of goods and passengers through the national territories of the Parties to this Agreement, carried out by all modes of transport or through combined transport along the routes determined by the Competent authorities of the respective Parties.

3.2 For the purpose of this Agreement, Competent authorities of the Parties to this Agreement shall be as follows:

In the Republic of India — Ministry of Surface Transport (Department of Shipping) and Ministry of Commerce and Industry (Deprtment of Commerce);

In the Islamic Republic of Iran — Ministry of Roads and Transportation;

In the Sultanate of Oman — Ministry of Transport and Housing;

In the Russian Federation — Ministry of Transport and Ministry of Railways.

3.3 This Agreement shall not contradict national legislation of the Parties to this Agreement and shall not restrain the rights and obligations of any party assumed in international agreements to which a Party is a participant.

4.1 Each Party shall grant the other Parties the right for international transit of passengers, goods and transport means through its respective state territory on the terms and conditions stipulated by this Agreement.

4.2 State Parties to this Agreement shall provide effective assistance to international transit of goods within their respective state territories.

4.3 State Parties to this Agreement shall have multiple entry visa regime for personnel engaged in international transit of goods and passengers as per the procedure laid down by the respective Parties.

5.1 No taxes, excises and other duties regardless of their names and purposes shall be imposed on the international transit of goods, except related transport expenses and transport infrastructure user fees. The imposition of transport expenses and user fees, etc. shall be on terms which are no less favorable than those levied by the members in respect of transit of goods of other countries.

5.2 Parties shall not impose custom taxes on the goods which are in transit within their territories except customs formalities fees, storage and other services of that nature.

6.1 The competent authorities of the Parties shall form a Coordination Council in order to regulate the issues related to implementation and application of the provisions of this Agreement.

6.2 The Coordination Council consisting of the Competent Authorities of the Parties to this Agreement shall adopt a Statute at its first meeting to be convened within six months of this Agreement entering into force, where it shall set up its own rules and procedures of its activities.

6.3 The Coordination Council shall meet at least once a year or upon request made by any Party to the Agreement.

7.1 Any dispute, discord or claim among the Parties which relates to application, interpretation or violation of this Agreement and which cannot be settled by negotiation shall be submitted to the Coordination Council for settlement.

7.2 Any dispute, discord or claim which the Coordination Council fails to settle shall be settled by such other means as the Parties by common consent agree.

8.1 The Islamic Republic of Iran shall be the Depositary of this Agreement. The Depositary State shall transmit certified copies of this Agreement to the Parties who have signed the Agreement.

8.2 The Depositary State shall inform the Parties regarding accession by the other countries to this Agreement and regarding cessation of this Agreement by any Party.

This Agreement is subject to Ratification according to the national requirements of the Parties. The instruments of Ratification shall be deposited with the Ratification.

10.1 This Agreement shall be open for accession by any country only with the consent of all Parties to this Agreement.

10.2 For a country which has accessed, this Agreement shall come into force 30 days after the date on which that country deposits the instrument of accession with the Depositary State. The country accessing this Agreement shall notify the Depositary State in writing regarding its competent authority/authorities and thereafter the Depositary State shall transmit the same to the competent authorities of the other Parties to this Agreement.

Additions and amendments to this Agreement may be introduced provided that they are agreed to by all competent authorities of the other Parties on the basis of the procedures laid down by the Coordination Council.

12.1 This Agreement shall be valid for the period of ten years from the date of its entry into force.

12.2 This Agreement will be further extended by similar periods, unless a notification to the contrary is received by the Depositary State from any of the founding Parties to this Agreement at least six months prior to the expiry of the validity of this Agreement.

12.3 Validity of this Agreement may cease in the territory of a Party to this Agreement, given that such a Party shall communicate in writing to the Depositary State of its intentions to cease validity of this Agreement in its territory at least six months prior to the date when it shall do so.

12.4 Obligations assumed in agreements and other contracts signed in accordance with the provisions of this Agreement shall remain valid up to their complete fulfillment even after cessation of this Agreement.

13.1 This Agreement shall come into force 30m days after the date on which any three of the Parties have deposited with the Depositary State the instruments of ratification approved according to their national legislation procedures.

13.2 For the remaining Party, which completes its State formalities later, this Agreement shall come into force 30m days after the date on which that Party deposits the instruments of ratification, approved according to their national legislation procedures, with the Depositary State.

Done in Saint Petersburg city on the 1370/6/22 (2000/09/12). The original text of this Agreement is done in English and in the national languages of the founding Parties, all of them being equally authentic. For the purpose of interpretation of this Agreement English text shall prevail.

In witness whereof the undersigned, the representatives of the state Parties duly authorized to that effect, have signed this Agreement.

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