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The Government Of The Republic Of Latvia And The Government Of The People's Republic Of China An Agreement On Maritime Transport

Original Language Title: Par Latvijas Republikas valdības un Ķīnas Tautas Republikas valdības nolīgumu par jūras transportu

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The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the people's Republic of China an agreement on maritime transport, article 1. 2004 April 15 in Beijing signed the Government of the Republic of Latvia and the Government of the people's Republic of China on maritime transport agreement (hereinafter Agreement) with this law is adopted and approved. 2. article. The agreement shall enter into force on the 20th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 3. article. The law shall enter into force on the day following its promulgation. With the law put the agreement also Latvian and English. The law adopted by the Parliament in 2004 on September 30. State v. President Vaira Vīķe-Freiberga in Riga 2004 October 15 the Government of the Republic of LATVIA and the GOVERNMENT of the people's Republic of China on maritime TRANSPORT agreement between the Government of the Republic of Latvia and the Government of the people's Republic of China (hereinafter referred to as the Contracting Parties), with a view to further developing friendly relations between the two countries, to strengthen their cooperation in the field of maritime transport, taking into account international maritime agreements that respect the two Contracting Parties, on the basis of equality and mutual benefit freedom of navigation, and the principle of non-discrimination; have agreed as follows: article 1 definitions for the purposes of this agreement: 1. The term "vessel" means any commercial ship registered in one Contracting Party vessels in the register in accordance with the legal provisions of the country goes under the flag of a Contracting Party and is employed in international maritime transport, including commercial vessels that go under the flag of a third country recognised by the other Contracting Party, and which belong to or which employ one Contracting Party shipping company. This term does not, however, include: — ships of war; — fishing vessels; — scientific research vessels; and — other Government ships designed and used for non-commercial purposes. 2. The term "crew members" means the captain and other persons who work for or provide services to the vessel of one Contracting Party, having this Agreement as laid down in article 8 of the identity document and whose names are included in the crew list. 3. The term "shipping company" means any economic unit, which satisfies the following conditions:-it is established in the territory of one of the Contracting Parties and there are its main headquarters; -all civil liabilities it independently; — It is involved in the international maritime transport business with its existing property or employees. 4. The term "port" means Contracting Parties to international trading ports open to foreign vessels. 5. The term "competent institution" means:-in the case of the Republic of Latvia: Ministry of transport; -People's Republic of China: the case of the Ministry of transport. 2. Article 1 of the right of action of either Contracting Party vessel is entitled to fly between the two Contracting Parties to international trade ports open to foreign vessels to carry freight and passenger services between the two Contracting Parties or between one or the other Contracting Party and a third country. 2. paragraph 1 of this article shall not affect the provisions of the third country of commercial rights to carry passengers and freight between the Contracting Parties. 3. Article 1 of the Cabotage. This agreement does not apply to short sea shipping and inland waterway transport, as well as the activities of one or other of the contracting parties reserve their national organizations in accordance with their national law, such as the pulling rope, pilotage, salvage, and port services in the territorial sea and internal waters. 2. as long as one Contracting Party vessels sail from one of the other Contracting Party to another port of the port, to load cargo for foreign countries, or to unload cargo from abroad, it is not considered shipping and inland waterway transport. The same applies to passenger transport. Article 4 cooperation both parties encourage to cooperate their respective maritime authorities and particularly maritime and port organisations and economic operators, including, but not limited to, the following: (a)) in order to facilitate the contracting parties both maritime transport and port development on the principles of equality and mutual benefit and avoid any obstacles which could hinder this development; (b)) in order to fully and effectively use the Contracting Parties ' maritime transport fleet to meet their external trade required transport demand; (c) to ensure the safety of navigation), including ships, crew, passengers and cargo safety and environmental protection; (d)) in order to increase business, scientific and technological contacts and exchange of experience; e) to exchange information on activities in international organisations and international maritime agreements. 5. Article treatment for ships in port 1 each Contracting Party shall continue to provide non-discriminatory treatment of vessels that go under the other party's country or employed by a national of the other contracting party nationals or shipping companies, as compared with the treatment, it attaches its own ships with regard to access to ports, the ports infrastructure and additional sea service usage, as well as the fees and payments , customs formalities and anchorage and loading and unloading equipment. 2. the contracting party vessel the port fees and charges of the other Contracting Party, shall be made in port, in freely convertible currency, in accordance with the other Contracting Party the applicable domestic law. Article 6 promotion by the Contracting Parties in accordance with their respective laws and regulations shall take any appropriate measures to facilitate maritime transport and faster, in order to avoid unnecessary delay of the vessel, and simplifies and speeds up the Customs and other formalities at ports, including access to existing vessel waste collection facilities. Article 7 shipping documents 1. each Contracting Party shall recognise certificates of nationality and the other vessels of the other Contracting Party the documents issued by the competent institution of the flag State. 2. vessels of one of the Contracting Parties, which are valid for the tonnage certificate, issued in accordance with the 1969 International Convention on tonnage measurement of ships, and which is accepted by the other Contracting Party, is not in the apmērīt of the other contracting party ports. All port fees and charges, based on the tonnage of the vessel, are calculated and charged according to the above mentioned certificates. Article 8 crew identity documents 1. each party recognises the other Contracting Party, the competent institution of the crew members issued identity documents. These identity documents are: — the Latvian crew: "seaman book"; — The Chinese crew: "seafarers of the people's Republic of China passport". 2. On one Contracting Party vessels of third countries employed crew identity documents issued by the relevant third country authorities, also recognised as valid documents, where these documents are enough as a passport or a passport substitute in accordance with the other Contracting Parties to the existing laws and regulations. However, if these crew members work outside the ship, they must have proof of their employment on board their vessels. Article 9 the right of members of the crew disembark 1. When one Contracting Party vessel in the port of another Contracting Party, the ship's crew members who have this Agreement referred to in article 8 of the identity document may be in a city where the port is located, off shore without a visa, in accordance with the relevant provisions of the host State, provided that the master of the ship in accordance with the provisions of the port is a port of the relevant authorities submitted a list of crew members. 2. the Deceased crew members who require hospitalization of the other Contracting Party in the territory of the country, these Contracting Parties authorities permission to stay in the hospital for the time necessary for such care, and then with the necessary traffic means to return to their home country or to go to another port of that Contracting Party to join their vessels. Article 10 of the crew, check out entry and transit 1. One contracting party vessel crew members can enter the other Contracting Party in the territory of the country, leave it or cross it with any kind of transit traffic as passengers to join their ships move into another ship, repatriēto or other reasons recognised by the other competent authorities of the Contracting Party, if they have this Agreement as laid down in article 8 of the seafarers ' identity documents. 2. each Contracting Party reserves the right to refuse entry into its territory of the crew members, which it considers to be undesirable, even if these crew members of this agreement set out in article 8 of the identity document. 3. This article shall not affect each Contracting Party's laws and regulations concerning the entry of aliens, residence and exit. Article 11 mutual contacts and appointments of each Contracting Party of the vessel or its designated crew members can establish contacts and meet with their national members or their official company representatives or vice versa, once they have complied with the procedures provided for in the relevant host country laws and regulations. Article 12 internal affairs on Board 1. vessels of one Contracting Party, the crew, passengers and goods stay in the other Contracting Party in the territory governed by the other of the Contracting Parties, applicable law and regulations. 2. One of the institutions of the Contracting Parties at the time of its territorial sea or in ports located in the other Contracting Party vessel, this vessel does not interfere with the internal affairs, as well as that Contracting Party's law enforcement authorities do not exercise its legal powers in the event of an infringement on the vessels of the other Contracting Party, unless it is not requested or is not accepted by the other Contracting Party of the vessel, the diplomatic representatives or consular officials, except where: (a) the infringement occurred on board) involving the territory or by its nationals or permanent residents; b) misconduct harmed national public order or security; (c) the ship involved in the infringement) people who are not members of the crew; or (d)) the measures are taken to prohibit drugs or psychotropic products illegal. 3. If one of the Contracting Parties, the Court or other appropriate institutions at a time when the Contracting Parties within the territorial sea or in port the conditions referred to in paragraph 2 is the second vessel of a Contracting Party to apply any coercive measures against the ship or take a formal investigation on it, they give prior notification of the other party, the diplomatic representative or consular official, and this representative or officer has provided assistance , communication with the ship. However, communication can also be provided with an emergency action to be taken. 4. paragraph 2 of this article shall not affect the right of each of the Contracting Parties on the monitoring and investigations under their national law. Article 13 accident at sea Contracting Parties 1 the corresponding institutions in the territorial sea or the nearby waters are in danger or other accident got to the other Contracting Party vessel, performs the same possible rescue and assistance of the members of the ship's crew and passengers, as it could provide its citizens and permanent residents, and shall inform the other Contracting Parties of the relevant institutions. Making the victim vessel and cargo commercial rescue and dealing with marine accidents, account is taken of the principles laid down in international conventions recognised by both Contracting Parties. As regards the resulting payments do not allow discrimination. 2. If the victim vessel landed or salvage of a cargo or freight, the equipment and supplies needed to keep the other parties coast to deliver them back to the country of origin or a third country, the Contracting Parties shall provide assistance to the relevant institutions in this event. The other Contracting Party, such equipment and items shall be exempt from customs duties as long as they are not supplied for use or sale of that Contracting Party in the territory of the country. Article 14 help, tips and information in accordance with the applicable national and international law, the Contracting Parties undertake to grant each other assistance requested, to provide its resources limits tips and information for all commercial shipping and related maritime matters, including the protection of human life and property safety at sea and the prevention of pollution and pollution relief, search and rescue at sea and the staff and the training of seafarers. Article 15 taxes and transfers 1. Both the shipping company tax issues need to be addressed in accordance with the relevant provisions of both parties of 7 June 1996, the Government of the Republic of Latvia signed, and the Government of the people's Republic of China in the Treaty on avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital. 2. citizens of either Contracting Party or company revenue in the international maritime transport of the other Contracting Party in the territory of the country, can be received in freely convertible currency. 3. the Contracting Parties of the shipping company the shipping business management office or a representation Office of the income from economic activities and corresponding expenditure of the other Contracting Party in the territory of the host State to sort currency. The remainder after local duty, by the above business management offices or representative offices, you can freely transfer to foreign countries at the bank exchange rate, which is the date on which the money order. 16. Article outside of the existing offices in the territory of each Contracting Party the shipping company or the operator can establish their representation office in shipping business management office or of the other Contracting Party in the territory of the country under the other party's applicable laws and regulations, and such offices operating under the resident State according to legislation and regulation. Article 17 relationship with other organisations and agreements this Agreement shall not affect each Contracting Party's obligations and rights arising from participation in any international or regional organization or treaty. Article 18 Consultations at the request of either Contracting Party, the competent authorities of the Contracting Parties ' representatives can meet and discuss the implementation of this agreement and any other proposals put forward by one or the other Contracting Party, at the time and place of which mutually agreed. Article 19 settlement of disputes in the event of any dispute between Contracting Parties concerning the interpretation or implementation of the agreement, the competent authorities of the Contracting Parties to resolve friendly consultations towards mutual understanding. If no agreement can be reached, the dispute resolved through diplomatic channels. Article 20 entry into force, modification and sunset 1. each Contracting Party through diplomatic channels in writing to the other Contracting Party that all of these national legal procedures necessary for the entry into force of this agreement have been completed. This agreement shall enter into force thirty days from the date of the last such communication. 2. this agreement is concluded for a period of five years. After the agreement is renewable for the next five-year term, if one or the other Contracting Party six months before the expiry of this agreement has provided written notice to the other Contracting Party for the end of this agreement. 3. This agreement may be amended by the parties by mutual agreement. Amendments shall enter into force in accordance with paragraph 1 of this article to the procedures. In witness whereof, the undersigned, their respective duly authorized representatives of the Government, have signed this agreement. Signed in Beijing 2004 April 15 in two copies in Latvian, Chinese and English languages, all three texts being equally authentic. If there is any difference in the interpretation of this agreement, the decisive is the text in English.

The Government of the Republic of Latvia, the Republic of China Government will shlesers Dzang Ainārs Xiang Chun of the Deputy Prime Minister, Minister of Transport traffic Minister ad interim agreement BETWEEN the Government OF the REPUBLIC OF Latvia AND the Government OF the people's REPUBLIC OF China ' ON maritime transport for the Government of the Republic of Latvia and the Government of the people's Republic of China (hereinafter referred to as "the Contracting Parties"); For the purpose of further developing friendly relations between the two countries, strengthening their cooperation in the field of maritime transport; Adhering to international maritime agreements that both Contracting Parties implementations; On the basis of equality and mutual benefit, the freedom of navigation and the principle of non-discrimination; Have concluded as follows: article 1 Definition In this agreement: 1. The term "Vessel" means any ship registered in the merchant ship's register of one Contracting Party in accordanc with its national law, flying the national flag of this Contracting Party and engaged in international maritime transport, including merchant ships under the flag of a third State to the other Contracting acceptabl Party and owned or operated by shipping companies of one Contracting Party. This term, however, shall not include: — fuels Pakistan; — fishing ship; — scientific research vessel; and — other public ship built and used for non-commercial purpose. 2. The term "Member of the crew" means the master and others persons working on board ship or servicing of one Contracting Party, who hold the identity documents as referred to in article 8 of this agreement and whose names are included in the crew list of the vessel. 3. The term "Shipping companies" means any economics entity in compliance with the following conditions: — to be established in the territory of one Contracting Party and have it head office therein; — all the undertak civil responsibilities independently; — to be engaged in the business of international maritime transport with its owned or operated vessel. 4. The term "port" means international commercial ports of the Contracting Parties open to the foreign vessel. 5. The term "the Competent authorities" mean: — in the case of the Republic of Latvia: the Ministry of transport and communications; — in the case of the people's Republic of China: the Ministry of communications. Article 2 rights of operating 1. Vessel of either Contracting Party have the right to sail between the international commercial port of both Contracting Parties open to the foreign vessel to engage in cargo and passenger transport between the two Contracting Parties or between either Contracting Party and a third country. 2. The provision in paragraph 1 of this article do not affec the right of commercial vessel of a third country in the transport of passenger and cargo between the Contracting Parties. Article 3 1 Cabotag. This agreement does not apply to inland water transport and cabotag as well as activities reserved by either Contracting Party to its national organizations in accordanc with its national law, such as towag, piloting, salvage operations and port services in its territorial sea and inland waters. 2. While vessel of one Contracting Party sail from one port of the other Contracting Party to another in order to load or unload cargo cargo abroad from abroad, it shall not be regarded as cabotag and inland water transport. The same goes with passenger transport. Article 4 Cooperation Both Contracting Parties of their respectiv encourag the maritime authorities, and their maritime and port organizations and enterprises in particular, to cooperate, including but not limited to, in the following aspects: a. to promote maritime transport and port development of both Contracting Parties on the basis of equality and mutual benefit, and removes any eliminat's which might hamper the development thereof; (b) to make full and effective use of the maritime fleet of the Contracting Parties so as to satisfy the transport demand for their foreign trade; c. to ensur the safety of navigation, including the safety of the vessel, members of the crew, passenger and cargo, and the protection of the environment; d. to enhance scientific and technological business contacts and exchange of experience; e. the Exchange information on activities of international organizations and on international maritime agreements. Article 5 treatment of vessel in port 1 Each Contracting Party shall continue. to grant non-discriminatory treatment of their vessel flying the flag of the other Contracting Party or operated by nationals or shipping companies of the other Contracting Party, as compared to the treatment accorded to its own vessel, with regards to access to ports, the use of infrastructure and auxiliary maritime services of those ports , as well as related fees and charges, customs formalit and assignment of berth and facilities for loading and unloading. 2. The payment of port charges by a duo and vessel of a Contracting Party in a port of the other Contracting Party shall be made in freely convertible currency, in accordanc with the applicable internal law of the other Contracting Party. Article 6 Facilitation of transport the Contracting Parties shall, within the limits of their respectiv law and regulations, take all appropriate measure to facilitat and of maritime transport the expedit avoid unnecessary delay of the vessel, and simplify as much as possible and expedit the Customs and other port of the vessel, including formalit to those concerning access to existing waste reception facilities from ships. Article 7 Documentation of Each Contracting Party vessel 1. recognize the certificates of nationality and others ship's documents held by vessel of the other Contracting Party and issued by the competent authorities of the flag to the State. 2. the Vessel of one Contracting Party holding valid tonnage certificates issued in compliance with the International Convention on tonnage measurement of ships, 1969 and accepted by the other Contracting Party shall not be re-measured in the ports of the other Contracting Party. All du and charges based on the tonnage of a vessel shall be calculated and collected in accordanc with the above-mentioned certificates. Article 8 the Identity documents of the members of the crew Each Contracting Party 1 recognize the identity documents issued by the competent authorities of the Contracting Party for it the other members of the crew. These identity documents are: — for the Latvian crew: "Seaman's discharge Book"; — for the Chinese crew: "Seafarer's passport of the people's Republic of China". 2. The identity documents held by members of the crew of a third country employed on board a vessel of one Contracting Party which are issued by the relevant authorities of that third country shall also be recognised as valid documentation if such documents are sufficient as passports or passport as substitute in accordanc with the law and regulations in force in the other Contracting Party of. However, when these members of the crew are active away from their vessel, they shall hold proof of their employment on board their vessel. Article 9 shore leave by members of the crew 1. During the stay of a vessel of one Contracting Party in the port of the other Contracting Party, members of the crew of the vessel holding the identity documents as referred to in article 8 of this agreement may take shore leave, without a visa, in the city or town where the port is located in accordanc with the relevant regulations of the country staying , provided that the master of the vessel has, in accordanc with the regulations of the port, submitted the crew list to the relevant authorities of the port. 2. Sick members of the crew requiring hospitalizations in the territory of the other Contracting Party shall be permitted by the relevant authorities of the other Contracting Party to remain in the hospital for the time not cessary for such treatment and then by means of traffic cessary not return to their home country or proceed to another port of that Contracting Party to join their vessel. Article 10 Entry, departure and transit by members of the crew members 1 of the crew of one Contracting Party may enter, leave or transit the territory of the other Contracting Party by any means of traffic as passenger for reasons of joining their vessel, transferring it another vessel, being repatriated or for other reasons acceptabl by the relevant competent authorities of the Contracting Party the other if they hold the seamen's identity documents as referred to in article 8 of This agreement. 2. Each Contracting Party reserve it right their refus the entry into its territory by members of the crew whom it consider a undesirabl, even though these members of the crew have the identity documents as referred to in article 8 of this agreement. 3. The provision in the article don't be affec the law and regulations of each Contracting Party concerning the entry, stay and departure by foreigner. Article 11 Mutual contact and meeting the master of a vessel of each Contracting Party or his designated members of the crew may contact and meet with the official representatives of their country or representatives of their companies, or vice versa, after they have completed the procedures stipulated by relevant laws and regulations of the country staying. Article 12 Internal Affairs on board vessel 1. During the stay of the vessel, the members of the crew, passenger and cargo of one Contracting Party in the territory of the other Contracting Party, they shall be subject to the relevant laws and regulations of the other Contracting Party. 2. IR ither the relevant authorities of one Contracting Party interfer in internal affairs on board vessel of the other Contracting Party which with in the territorial sea or port of one Contracting Party, nor shall the judicial authorities of one Contracting Party in the its judicial power exercise over the offenc on board vessel of the other Contracting Party, unless it is so required or agreed to by the master diplomatic or consular representatives, officials of the other Contracting Party, except where: a. the offenc on board the vessel involv the territory of one Contracting Party or its nationals; (b) the result of the offenc harms the public order or the security of one Contracting Party; c. the offenc on board the vessel to persons other than involv the members of the crew of the vessel; or (d). with "taken by one Contracting Party to suppress illicit traffic in narcotics drugs or psychotropic substances. 3. When the Court or other relevant authorities of one Contracting Party intends it to any compulsory measure or adop exercise on board a vessel of the official investigation the other Contracting Party which is in the territorial sea or port of one Contracting Party under the mentioned in paragraph 2 of circumstanc of this article, it shall be notified in advance to a diplomatic representative or consular official of the other Contracting Party and shall be provided by the convenienc that representative or official for his contact with the vessel. However, the notice may be given simultaneously with the action to be done under the emergency. 4. The provision in paragraph 2 of this article do not affec the rights of supervision and investigation of each Contracting Party under its national law. Article 13 maritime casualt to 1. Should a vessel of one Contracting Party encounter a danger or other incident in the territorial sea or the waters of the other Contracting vicinal Party, the relevant authorities of the other Contracting Party shall render the same possible rescue and assistance to the members of the crew and passenger of that vessel as it may give it its national and shall inform the relevant authorities of the former Contracting Party. Principles established in international convention is accepted by both Contracting Parties shall be followed in dealing with commercial rescue of the distressed vessel and cargo and in dealing with maritime accidents. Of discrimination shall be exercised on the charges thereof. 2. If cargo, equipment and stores discharged or rescued from the distressed vessel need to be OK stored on shore of the other Contracting Party so as to be transported back to the original country or to a third country, the relevant authorities of the other Contracting Party shall provide for such through the convenienc. From customs duties shall be imposed by the other Contracting Party on such cargo, equipment and stores insofar they are not delivered for us or for sale in the territory of that Contracting Party. Article 14 assistance, advice and information, subject to applicable internal and international law, the Contracting Parties to render their each others undertak all assistance, advice and information requested, within the limits of their resources, regarding all merchant shipping and related maritime matters, including the safety of life and property at sea, and preventing and combating pollution from ships, maritime search and rescue and the training of personnel and the seafarer. Article 15 Tax and remittanc 1. The taxation matters of shipping companies from both countries shall be subject to the relevant provision of the led in the agreement for the avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income and on Capital between the Government of the Republic of Latvia and the Government of the people's Republic of China, signed by both Contracting Parties on 7 June 1996 Revenue of 2 national or companies of one Contracting Party derived from the international maritime transport in the other Contracting Party may be settled in freely convertible currencies. 3. The revenue and expense of the economic activities of shipping business conducting Office or representative office of the shipping companies of the other Contracting Party in a Contracting Party may be settled in the currency of the host country. The balance after the payment of the fees by the abovementioned local shipping business conducting Office or representative office may be freely remitted abroad of at the exchange rate of the bank on the date of remittanc. Article 16 offices outside Shipping companies or territory of each Contracting Party may enterprises establish their shipping representative office or business office conducting in the territory of the other Contracting Party under the applicable laws and regulations of that Contracting Party, and the activities of such offices shall be in compliance with the relevant laws and regulations of the resident country. Article 17 relations with other organizations and treats in this agreement do not affec the obligations and rights of each Contracting Party derived from the membership of any other international or regional organizations or treats. Article 18 Consultation At the request of either Contracting Party, representatives from the competent authorities of the Contracting the parties may meet and discuss the implementation of this agreement and any other proposals raised by either Contracting Party at a date and place mutually agreed upon. Article 19 settlement of the dispute Should there be any dispute between the Contracting Parties on the interpretation or implementation of this in the agreement, the competent authorities of the Contracting Parties shall resolve the it through friendly consultation on the basis of mutual understanding. In case of agreement could be reached, it shall be resolved through diplomatic channels. Article 20 Entry into force, amendment and termination 1. Each Contracting Party shall notify the other Contracting Party through diplomatic channels in writing of its national legal procedures as completion of required for the entry into force of this agreement. This agreement shall enter into force thirty days after the issuance of the last notification. 2. This agreement shall remain in force for five years. Thereafter this Agreement shall be for a period of renewed stands out among successive five years unless either of the Contracting Parties to the other Contracting Party the notifu in writing for the termination of this agreement six months prior to the expiration of this agreement. 3. This agreement may be amended with the unanimity of the Contracting Parties. The amendment shall enter into force in accordanc with the procedures stipulated in paragraph 1 of this article. In witness whereof, the undersigned duly empowered by the their respectiv in Governments, have signed this agreement. Done at Beijing on this 15 day of the month of April in the year of 2004, in duplicate in the Latvian, Chinese and English languages, all the texts being equally authentic in the three. In case of any divergenc in the interpretation of this agreement, the English text shall prevails.

For the Government For the Government of the Republic of Latvia of the people's Republic of China, Zhang Ainārs shlesers Chun Xian Vice Prime Minister, Minister of transport Acting Minister of transport and communications