Advanced Search

The Government Of The Republic Of Latvia And The Government Of The Republic Of Turkey In The Maritime Sector,

Original Language Title: Par Latvijas Republikas valdības un Turcijas Republikas valdības nolīgumu jūrniecības jomā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: For the Government of the Republic of Latvia and the Government of the Republic of Turkey in the maritime sector, article 1. 4 June 1997 in Riga signed by the Government of the Republic of Latvia and the Government of the Republic of Turkey in the field of maritime (hereinafter the agreement) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. To put the agreement by law Latvian and English. 3. article. The agreement shall enter into force on the time limit laid down in article 17 and in order, and on the Ministry of Foreign Affairs notified the newspaper "journal". The law, adopted in 1997 by the Parliament on 11 September. The President of the Parliament instead of the President a. perfected in Riga on 23 September 1997, the Government of the Republic of Latvia, State and Government of the Republic of Turkey in the maritime sector, the Government of the Republic of Latvia and the Government of the Republic of Turkey (hereinafter referred to as the Contracting Parties) desiring to develop cooperation between the two countries, recognizing the importance of mutual communication in the maritime field, desirous to develop harmonious relations, based on the freedom of the sea, and to strengthen international cooperation in this area based on the principles of equality and mutual advantage, have agreed as follows: article 1 the purpose of the Agreement This agreement is: (a) to regulate and promote the relations) of the maritime area; (b)) provide the best trade shipping, to ensure safety at sea; (c)) to avoid actions which hamper the development of maritime transport; (d) to promote commercial and economic) communications general development; e) to promote cooperation in shipbuilding and ship repair areas. Article 2 definitions within the framework of this agreement: 1. The term "Contracting Party vessel" means any seagoing vessel to be used only komercpakalpojumo, except ships of war, palīgflot ships and other vessels that are designed and/or used for non-commercial purposes, fishing vessels and fish-processing vessels, and registered in the register of the Contracting Party and fly the flag of that State in accordance with its national law. 2. The term "crew member" means the master of the vessel and any on board to ensure its functioning or the provision of services actually employed person, is included in the list of crew members and is one of the agreement referred to in article 6, the seamen's identity documents. 3. The term "Contracting Parties" means any entity, including the shipping company, its branch or representation, which is registered in the territory of a Contracting Party in accordance with national law. 4. The term "the competent authority of the Contracting Party", in respect of the Republic of Latvia, the Republic of Latvia means the Ministry of transport or its authorized organizations, in respect of the Republic of Turkey-Cabinet, offshore case apakšsekretariāt or its authorized body. Article 3 scope 1 of the agreement. this agreement in accordance with international law and national law is applicable to the Republic of Latvia-Republic of Latvia's territory, with respect to the Republic of Turkey-Republic of Turkey's territory. 2. The provisions of this Agreement shall apply to the international maritime shipping between the Republic of Latvia and the Republic of Turkey and to or from third countries. 3. However, the provisions of this Agreement shall not affect the provisions of national law requirements as to: (a)) ports which are not open to foreign vessels; (b)) and short sea shipping activities, which reserves the right of each Contracting Party, in particular the rules on port services, tugboat services, pilotage services, rescue and assistance at sea, each Contracting Party's national territorial sea during fishing operations and navigation on internal waters; (c) the entry and residence of aliens). Article 4 treatment vessels 1. Each of the Contracting Parties in their ports open to international trade and navigation, to the other Contracting Party's vessels are subject to the same way as its own ships, giving them free access to ports and their use, as well as all possibilities are provided for navigation and operation of commercial passengers, crew, cargo and vessels. In particular, this applies to the allocation of a place of mooring at berth, ship loading and unloading facilities and port services, including pilotage and refuelling services. 2. each Contracting Party by the other Contracting Party vessels shall provide non-discriminatory treatment as regards customs formalities, fees and port levy as laid down in the existing port fees. 3. the Contracting Parties of their respective national legislation within shall take all necessary measures to facilitate and expedite maritime traffic to prevent unnecessary delays to ships and to speed up and simplify customs and other port formalities. Article 5 documents 1. each party recognises the other Contracting Party vessel nationality recorded in the documents on board, in accordance with your country's national law is issued by the other Contracting Party to the competent authorities. 2. The Contracting Parties shall, in accordance with the relevant international conventions without the ship tonnage remeasurement of mutually recognise certificates and other shipping documents duly issued by the other Contracting Party, or by the competent authority which is recognized by one of the Contracting Parties and which does not object to the other Contracting Party. All port fees and expenses are made on the basis of these documents. Article 6 documents of seafarers 1. The Contracting Parties recognize seafarers ' identity documents, duly issued by the other competent authority of the Contracting Party. 2. in paragraph 1 of this article, these seafarers identity documents are: (a) vessels of the Republic of Latvia) crew: "seaman book" ("Seaman's discharge Book"); (b) vessels of the Republic of Turkey) crew: "Gem of the Adami Cüzdan" ("Seaman's Identity Card"). Article 7 crew residence 1. vessels entering the port of another Contracting Party or leaving them, are subjected to the customs, immigration or other Government established control procedures. 2. When one Contracting Party vessel is in port of the other Contracting Party, the ship's crew members are allowed to disembark, to temporarily stay in the port territory without a visa, provided that the ship's captain of the port State in accordance with national law and relevant authorities have submitted a list of crew members and crew have received a residence permit. Such persons, disembarking or returning to the ship, subject to appropriate controls. Article 8 crew transit rights 1. Crew members are entitled irrespective of the mode of transport to enter and leave the other Contracting Party's territory or cross it to get to your ship to be scrapped from the ship's return to your place of residence or to move any other purpose if they have received the Contracting Parties to the respective authorities. The authorities concerned, such authorisation shall be issued as soon as possible, but not more than ten days. 2. If this agreement referred to in article 6 of the seafarers identity document No one or other of the Contracting Parties state, then this agreement article 7 (1) and paragraph 1 of this article, the residence permit referred to in the document is issued to the owner, guaranteeing his right to return to the country of the Contracting Party in whose territory the seafarers ' identity document issued. 3. If the period of stay of crew members of the other Contracting Party in the territory of the country need to extend an accident, illness or other reasons that the authorities concerned have recognised as legitimate, then the authorities concerned to submit evidence in writing extended his residence permit on the basis of the required time period. 4. each Contracting Party reserves the right to refuse entry into its territory to any person who has the above document the identity of the sailor, if that person is considered junk. Article 9 accidents at sea 1. If one of the Contracting Parties, the ship crashes into the sea or with it happening any other accident of the other Contracting Party, the national territorial sea, internal waters or ports, the other Contracting Party to provide all possible assistance and diligence accident caught up passengers, crew members and cargo vessels and on accident shall immediately notify the Contracting Parties to the relevant authorities, in which case the victim registered vessel. All expenses are covered under the national law of the Contracting Party where the incident happened. 2. If one of the parties caught up in the accident in the ship's cargo before they return to the country of loading or before they transfer to third countries is necessary for transhipment and time stored by the other Contracting Party in the territory of the State, the other Contracting Party should facilitate the work and to be released cargo from all customs duties, taxes and charges. Article 10 jurisdiction 1. When one Contracting Party vessels and crew members located in the territory of the other Contracting Party in the territorial sea, internal waters and ports, they must comply with that State's national law. The Contracting Parties authorities apply their jurisdiction and does not interfere with the vessels of the other Contracting Party internal affairs, with the exception of the cases and to the extent that directly provide the Contracting Parties of the binding rules of international law and treaties. 2. If one of the Contracting Parties, the crew made a crime on board a ship which is in the territory of the other Contracting Party, the territorial sea of the Contracting Party concerned, the authorities cannot bring proceedings against him or the master of the ship without a flag State diplomatic or consular representative's consent, except where: (a) the effects of the crime) within the territory of the country; (b)) the crime has the character that it disturbs the public peace or good order of the territorial sea; (c)) in accordance with that State's national law a crime has serious nature; (d)) the crime was committed against a person who is not a member of the crew; e) crime is linked to the illicit manufacture of narcotic drugs and psychotropic substances, illegal transport of funds. 3. Paragraph 2 of this article shall not affect the right of both parties to take the necessary measures in accordance with their own national law relating to arrest or investigation on the foreign Board, who after the internal waters of a coastal State leaving the crossing its territorial sea. Article 11 the development of sea transport and sharing of intellectual property, the Contracting Parties agree: (a) the subject of mutual interest), to promote the development of maritime transport and prevent any obstacles in this field; (b) to promote the technology and) intellectual property exchange, as well as the establishment of joint ventures in the field of shipping; (c)) that the Contracting Parties are free to offer companies an effective comprehensive transport (multi-modal transport services) and engage in joint venture investments; (d)), in relation to companies of the Contracting Parties to the action in the international maritime transport services, including intermodal activities involving transport by sea, each Contracting Party shall permit the companies of the other Contracting Party of commercial presence in the territory of their own State ensuring the founding or operating conditions that are not less favourable than those laid down in respect of any other third country companies. 12. Article 1 of the Income tax and profit from contracting parties the company owned or chartered, working in the international traffic of vessels are subject to tax only in that Contracting Party in the territory of the country. 2. the provisions of paragraph 1 apply also to income and profits from the participation in a pool, a joint business or an international operating. 3. return the Contracting Parties the company, disposing of their ships used in international traffic, or movable property, which is associated with the use of these vessels are tax deductible only for that Contracting Party in the territory of the country. 4. Capital represented by ships to the Contracting Parties the company used for international traffic, as well as movable property belonging to the use of these vessels, is liable to tax only in that Contracting Party in the territory of the country. Article 13 transfer of income 1. the Contracting Parties shall mutually supports the established in its territory of the other Contracting Party, undertakings the right to freely convertible currency, to transfer their investments and profit from them on the company selected country and back from them after they have passed their obligations with creditors. 2. The Contracting Parties shall provide the option of paragraph 1 of this article, these transfers take a regular and continuous basis. Such transfers cannot be required to pay other than payment for services provided by the bank. 14. Article 1 of the common Commission. All interpretations of this agreement and matters governed by: (a)) of the Government of the Republic of Latvia: Ministry of transport of the Republic of Latvia; (b)) of the Government of the Republic of Turkey: Cabinet, offshore case apakšsekretariāt. 2. in paragraph 1 of this article, for that purpose, the Contracting Parties shall establish a common Commission. 3. total Commission is at the request of either Contracting Party no later than three months after submission of the request to the other Contracting Party and consists of both the competent authorities of the Contracting Parties. The competent authorities of the Contracting Parties may invite representatives of the maritime industry to attend any of the meetings of the Joint Commission. The competent authorities of the Contracting Parties shall agree on the appointment of the venue and the agenda. 4. To discuss some of the common Commission for the examination of the issues raised, and develop appropriate recommendations, the Commission may set up Joint working groups. Article 15 international agreements nothing in this Agreement shall affect the rights and obligations of the Contracting Parties arising from other contracting parties concluding international treaties. Article 16 settlement of disputes disputes and disputes arising from the interpretation or implementation of this agreement, settle the total Commission. In case the total Commission fail to arrive at a mutually acceptable decision, controversial issue is addressed in a diplomatic way. Article 17 entry into force 1 this Agreement shall be subject to ratification or acceptance of each Contracting Party's national law laid down procedure. 2. This agreement shall enter into force after the Contracting Parties through the diplomatic channel, have exchanged the ratification documents, unless accepted it otherwise. 3. by mutual agreement of the Contracting Parties to this agreement may be amended, which will be considered as an integral part of this agreement. Article 18 denunciation of the agreement this Agreement shall remain in force indefinitely but either Contracting Party may denounce this agreement by notifying in writing through diplomatic channels to the other Contracting Party. Denunciation of the agreement shall enter into force after six months from the date on which the other Contracting Party has received the notification. In witness whereof, we, the undersigned, its duly authorised representatives of the Governments, have signed this agreement. The agreement is drawn up in two copies, each in the Latvian, Turkish and English languages, all three texts being equally authentic. Different interpretations of the case the key is a text in English. Concluded in Riga, 4 June 1997.

The Government of the Republic of Latvia, the Republic of Turkey, on behalf of the Government of Vilis krištopans, Jilmaz Aifer, the traffic Minister of economy Ministry State Secretary maritime agreement between the Government of the Republic of Latvia and the Government of the Republic of Turkey to the Government of the Republic of Latvia and the Government of the Republic of Turkey hereinafter referred to as the Contracting Parties, Being the desiro enhance the relations between the Contracting Parties By Recognizing the importanc of mutual relations in the maritime field, (menu Rngton Line4) it further develop these relations harmoniously, taking into account the freedom of maritime transport as much as possible, and strengthening international cooperation in this field, In accordanc with the principles of equality and mutual benefit, have agreed as follows: article 1 Aim the aim of this agreement is: a. the regulat and develop the maritime relations; b. to ensur the best merchant coordination, promote navigational safety at sea; c. the measure of the latter causing harms to the normal development of maritime transport; d. it contribute in general to development of commercial and economical relations; e. to promote cooperation in the fields of construction and repair of ships '. Article 2 Definition For the purpose of the present agreement: 1. The term "vessel of a Contracting Party" means all sea-going vessel is exclusively used in commercial service, with the exception of auxiliary fuels Pakistan, and others published related vessel vessel designed and/or used for non-commercial purpose, of the fishing vessel and factory ships, which are registered in the ship register and flies the flag of a Contracting Party in compliance with its national legislation. 2. The term "crew member" means the ship's master and any person actually employed on board a vessel with regards to the working or service of the vessel, who is included in the crew list and who is a holder of one of the seamen's identity documents as mentioned in article 6 of this agreement. 3. The term "enterprise of a Contracting Party" means any enterprise, including shipping company, branch or agency of it, which is registered in the territory of a Contracting Party in accordanc with its national legislation. 4. The term "the competent authorities of a Contracting Party" means as regards the Republic of Latvia the Ministry of transport or the institution authorized by it, as regards the Republic of Turkey-Prime Ministry, you Undersecretari for Maritime Affairs or the institution authorized by it. Article 3 scope 1. The present Agreement shall apply in compliance with international rules and national legislation: as regards the Republic of Latvia to the territory of the Republic of Latvia and as regards the Republic of Turkey to the territory of the Republic of Turkey. 2. The provision of the present Agreement shall apply to the international maritime transport between the Republic of Latvia and the Republic of Turkey it or from third States. 3. However, the provision of the present agreement do not affec the requirements of national legislation regarding: a. port not open for foreign vessel; b. cabotag and activities reserved by the legislation of each of the Contracting by parties, in particular the provision of port services, tugging, pilotag, salvage and maritime assistance, fishing operations carried out in the territorial sea of each Contracting Party, and inland navigation; c. entry and stay of foreigner. Article 4 treatment to the vessel Each Contracting Party 1 in its port opened for international trade and navigation shall grant the same treatment as accorded to it in the vessel to the vessel of the other Contracting Party in respect of the freedom of access to and the use of the port, as well as to all facilities afforded to shipping and commercial operations for passenger in , crew members and cargo vessel,. In particular this will refer to the allocation of berth at pier, loading and unloading facilities and port services, including pilotag and bunker facilities. 2. Each Contracting Party shall grant to the vessel of the other Contracting Party the non-discriminatory treatment in respect of customs formalit, the collecting of charges and port du port for the prescribed by currently in force. 3. The Contracting Parties shall adop, within the limits of their respectiv national legislation, all appropriate measure to facilitat and the maritime traffic, the expedit prevent unnecessary delay of vessel and simplify as much as expedit and possible the carrying out of customs and others required in port to formalit. Article 5 ships ' documents 1. Each of the Contracting Parties shall recognize the nationality of vessel of the other Contracting Party established on the documents on board such vessel and issued by the competent authorities of a Contracting Party to the other in accordanc with its national legislation. 2. The Contracting Parties shall, in accordanc with the relevant international Convention, mutually recognize the tonnage certificate and other documents of the ship by a duly issued the competent authorities of either Contracting Party or those recognized by one Contracting Party and met with no objection from the other Contracting Party without remeasuring the vessel is concerned. All port charges and expense shall be collected for on the basis of these documents. Article 6 Crew members ' documents 1. The Contracting Parties shall recognize the seamen's identity documents, duly issued by the competent authorities of a Contracting Party to the other. 2. The seamen's identity documents refereed to in paragraph 1 of this article to: a. for crew members on the vessel of the Republic of Latvia: the "Seaman's discharge Book" ("Seaman's book"); b. for crew members on the vessel of the Republic of Turkey: the "Seaman's Identity Card" ("Gem of the Adami Cüzdan"). Article 7 Crew members ' right to stay 1. Ships when arriving and leaving the ports of the other Contracting Party shall obeys the procedures required by customs, immigration and other public authorities. 2. During the stay of a vessel of one Contracting Party in a port of the other Contracting Party, the crew members of the vessel may go ashor for temporary stay in the territory of the port State without all provided that the ship's master has submitted the crew list to the relevant authorities in accordanc with national legislation of the port State and the authorities have granted to the crew members of the permission of stay. Both when going ashor and when returning aboard the vessel, such persons shall comply with the regulatory control. Article 8 Crew members ' right to transit 1. Crew members have the right to regardless_of the mode of transport, to enter and leave the territory of the other Contracting Party or pass through that territory in order to join their vessel, after the signing of their return to their off place of residence or to travel for any other purpose provided that they have received from the relevant authorities of this Contracting Party the permissions. The relevant authorities shall issue such permissions as soon as possible but not later than ten days. 2. If the holder of a seaman's identity document referred to in article 6 of this agreement does not posses the nationality of one of the Contracting Parties, the permission referred to in paragraph 1 of article 7 and paragraph 1 of this article shall be issued provided that the right to return to the territory of the Contracting Party which has issued the seaman's identity document is granted to the holder of this document. 3. If a stay of a crew member in the territory of the other Contracting Party should be prolonged due to the accident, illness or any other matter recognized by the relevant authorities as lawful, the relevant authorities shall prolong such stay upon the submission of written evidence for the period of time thereby requested. 4. The Contracting Parties reserve the right to deny entry to their territories of any person it respectiv possessing the above mentioned seaman's identity document whom they consider undesirabl. Article 9 Incident at sea Should a vessel of 1 either Contracting Party to be involved in maritime or any other danger casualt encounter in the territorial sea, internal waters or ports of the other Contracting Party, the latter shall give all possible assistance and attention to the passenger, crew members and cargo vessel in danger and notify the relevant authorities of the Contracting Party on the incident without delay. All expense shall be paid of in accordanc with national legislation of a Contracting Party where the incident will occure. 2. Where cargo on board of a vessel of either Contracting Party involved in a maritime casualty needs to be discharged and stored OK in the territory of the other Contracting Party before it will return to the country of shipment or carriage to third countries, the Contracting Party shall facilitat said this operation, and such cargo shall be exempted from all customs duties , du and taxes. Article 10 Jurisdiction 1. The vessel and crew members of either Contracting Party shall observe the relevant legislation of the other Contracting Party during their stay in the latter's territorial sea, internal waters and ports. The relevant authorities of either Contracting Party shall not exercise jurisdiction over or interven in the internal affairs of the vessel of the other Contracting Party except in the cases and to the exten the expressly provided for in the international rules and in a to both Contracting Parties treats binding. 2. When a crew member of a vessel of either Contracting Party has committed a crime on board the vessel in the territorial sea of the Contracting Party, the other the relevant authorities of that Contracting Party shall not prosecut of him without the consent of the master of the vessel or of a diplomatic or consular officer of the flag State, unless the a. the consequences of the crime extend to their territory; (b) the crime is of a kind to disturb the peace of their country or the good order of the territorial sea; c. according to the law of their country, the crime is a serious offens; d. the crime has been committed against a person who is not a crew member of that vessel; e. the crime of illicit traffic in narcotics concern drugs or psychotropic substances. 3. The provision of paragraph 2 of this article do not affec the right of either Contracting Party to take any steps authorized by its national legislation for the purpose of arrest or investigation on board a foreign ship passing through the territorial sea after leaving the internal waters. Article 11 the development of maritime transport and transfer of know-how the Contracting Parties agree: (a) promote the development it of maritime transport in a spirit of considerations of their mutual interests and to remove any difficult to in this field; b. the transfer of the facilitat technology and know-how as well as the establishment of joint ventures in the field of shipping; c. that the enterprises of a Contracting Party have the freedom to offer an efficient total transport system (multimodal transport services) and engage in joint venture investments; d. in respect of activities undertaken by enterprises of the Contracting Parties for the provision of international maritime transport services, including intermodal activities involving a sea leg, each Contracting Party permit to the enterprise of the other Contracting Party their commercial presence in its territory under conditions of establishment and operation of the less favorable than those accorded to enterprises of any other third country. Article 12 payment of taxes 1. Income and profits from the operation in international traffic of owned or chartered vessel of an enterprise of a Contracting Party shall be the taxabl only in the territory of the Contracting Party. 2. The provision of paragraph 1 shall also apply to income and profits from the participation in a pool, a joint business or an international operation enterprise. 3. Gains derived by an enterprise of a Contracting Party from the alienation of ships operated in international traffic by that enterprise or movable property pertaining to the operation of such ships shall be taxabl only in the territory of the Contracting Party. 4. Capital represented by ships operated in international traffic by an enterprise of a Contracting Party and by movable property pertaining to the operation of such ships, shall be taxabl only in the territory of the Contracting Party. Article 13 Transfer of revenue 1. Contracting Parties shall grant to the enterprise of the other Contracting Party on mutual basis the right of free transfer in convertible currency of their investments and the returns from them and from them the country designated by the enterprises after meeting their obligation with the preparing. 2. The Contracting Parties shall grant the possibility to make transfers mentioned in paragraph 1 of this article regularly and currently. From others than bank charges charges shall be applicable to such transfer. Article 14 Joint Committee 1. All questions regarding the implementation and interpretation of this Agreement shall be regulated: a. on the part of the Government of the Republic of Latvia: by the Ministry of transport of the Republic of Latvia; b. on the part of the Government of the Republic of Turkey: by the Prime Ministry, you Undersecretari for Maritime Affairs. 2. For the purpose mentioned in paragraph 1 of this article the Contracting Parties shall establish a Joint Committee. 3. The Joint Committee shall meet at the request of either Contracting Party not later than three months after the submission of the request to the other Contracting Party a and IR representatives of the compris of the competent authorities of the Contracting Parties which can invite representatives of the maritime industry to attend any of its meetings. The place of the meeting and the procedure of the Joint Committee shall be established by the agreement of the competent authorities of the Contracting the parties. 4. The Joint Committee may organize work groups to discuss separate issues submitted to the Joint Committee and to work out recommendations òàæó. Article 15 International treats to Nothing in the present Agreement shall be affec the rights and obligations of the Contracting Parties which «arise from the other international treats to concluded by the Contracting Parties. Article 16 settlement of the Disagreement and dispute of the dispute arising from the implementation or interpretation of the present Agreement shall be settled by the Joint Committee. In the case when the Joint Committee can not reach agreement for both sides acceptabl, the issue shall be settled by disputabl by diplomatic channels. Article 17 Entry into force of the agreement 1. The present Agreement shall be ratified or otherwise accepted in accordanc with national procedures of either Contracting Party. 2. The present Agreement shall enter into force after the Contracting Parties have exchanged through the diplomatic channels the ratification documents is accepted unless otherwise. 3. This agreement may be amended by the mutual agreement of the Contracting Parties and shall be regarded as amendments to an integral part of the present agreement. Article 18 Denunciation of the agreement the present Agreement shall be in force for an indefinite time, but either of the Contracting Parties may denounc the present agreement by submitting a written notice to the other Contracting Party through diplomatic channels the. The denunciation of the present Agreement shall take effect six months after the date of the receipt of such notification by the other Contracting Party. In WITNESS WHEREOF the undersigned, being duly authorized by their Governments, the respectiv have signed the present agreement. The present agreement is made in duplicate, each in the Latvian, Turkish and English languages, all three texts being equally authentic. In the case of any disagreemen of interpretation, the English text shall prevails. Done at Riga on the 4th day of June in the year 1997 For the Government For the Government of the Republic of Latvia of the Republic of Turkey