Period: 21 Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. The Government Of The Republic Of Turkey Laws Of Grand National Assembly Of Turkey And Azerbaijan States

Original Language Title: Dönem : 21 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TÜRKİYE BÜYÜK MİLLET MECLİSİ KANUN TÜRKİYE CUMHURİYETİ HÜKÜMETİ İLE AZERBAYCAN CUMHURİY

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Law No. 4592:26.10.2000 article 1. – 5.5.1997, signed in Ankara on "the Government of the Republic of Azerbaijan with the Government of the Republic of Turkey Between Maritime Agreement" to be approved.
Article 2. – This law enters into force the date of promulgation.
Article 3. – This law the provisions of the Council of Ministers.

The GOVERNMENT of the REPUBLIC of TURKEY, the GOVERNMENT of the REPUBLIC OF AZERBAIJAN with the MARITIME AGREEMENT BETWEEN from now on will be the Government of the Republic of Azerbaijan with the parties in the Government of the Republic of Turkey, commercial marine activities within the framework of the principles of equality and mutual benefit develop and desire to contribute to the development of international marine the following matters were agreed upon.
Article 1 Objectives the objectives of this agreement;
The development of maritime relations between the parties – – the best Looking security coordination and improving maritime safety, – when the shipbuilding, repair and repair existing Taraflarda are promoting the use of commercial and economic between the parties as a whole, – the development of relations and boosting, – available in port of Azerbaijan and the availability of sea ships in terms of modernisation of technical equipment and the training of service personnel of maritime Teşkilâtının Azerbaijan include cooperation, too.
In accordance with the purposes of this agreement, article 2 Definitions 1. The term "Party boat", recorded on the register of ships and related Parties own such party in accordance with the legislation refers to all kinds of commercial ship carrying the flag. However the term warships, other military vessels, hydrographic, oceanographic and scientific research ships, fishing vessels, commercial vessels, running outside of the purposes for the port services, guides, especially towing in ports and docks in the way of input-output, rescue at sea, who accompanied by ships carrying hazardous waste with substances does not cover commercial ships.
2. the term "Crew" that can be applied by each party in accordance with international agreements, the management of the ship on board for the duration of the expedition, operation and maintenance for the purpose of performance of tasks related to the name list of the crew saved the ship's captain, the ship's crew and employed other zabit, refers to people.
3. the term "Travellers", which is included in the list of passengers and cruise ship for the purpose of any business or service that are not busy and not encourage people to work.
4. the term "Shipping Müesseseleri" national ship registry representatives have the exception specified in the ship, if either party in the land of the permanent place of residence to the seafaring establishment covers their society or its owners.
5. "Ports" refers to the ship for transportation services officially permitted and international marine will mean places that are open.
6. the term "competent authorities" – the Government of the Republic of Turkey on the side; "The Prime Ministry Undersecretariat of maritime", – the Government of the Republic of Azerbaijan side; "Caspian Sea Gemiciliği".
Article 3 scope of application 1. This agreement, 2. 1 of the present article. without prejudice to the provisions contained in paragraph, land of the Republic of Turkey and Azerbaijan Republic will be applied in all of the maritime activities in the country.
2. However, the provisions of this agreement and each of the parties for the application of the coasting to comply with applicable laws, rules and regulations for ships carrying their flag holds activities and especially port services, towage, assistance in the recovery and sea Guide, will not be applied to the fishing activities of the parties.

Article 4 Application Provisions the parties adhering to the principle of freedom of the sea trade of confirmation. The parties agree that the development of maritime activities between the countries will be removed and the obstacles that mani operations agreed to cooperate in various maritime activities.

Article 5 Ports to ship Treatment 1. Each of the parties in its port, submitted freely accept the Harbour entrance and departure port facilities and its own ships with regard to the use of the other party treatment apply exactly what their ships, navigation-related other allows matters and commercial ships about operations, crew, passengers and cargo, the same treatment applied to the own ship on the other side also allows their ships. This provision, in particular in the dock with loading and unloading facilities allocation.
2. The parties, their respective legislation with the port, within the framework of the statutes and regulations, reduce waiting time in ports of ships and ports referred to in administrative, customs and health take the necessary measures to simplify the process.
3. the provisions contained in this article, the ship carrying the flag of a third country, the port of the parties and third countries to participate in marine transportation between the ports.

Article 6 Tâbiiyeti Vessels and ship Documents 1. Each of the parties, the competent authorities of the other party by its own laws and regulations is edited, the other party in accordance with the documents in the specified vessels ship tâbiyetini.
2. If either party to the competent authorities by the ship carrying his flag ship documents, given to or recognized be recognized other Parties too.
3. Tonajlarını Measurement of vessels dated 1969 International tonnage Convention or applicable legislation or have arranged a party may revoke the other party of each of the ships in port will be kept exempt from measurement works. Change of tonnage measurement system of either party this way, in order to determine the equivalent terms to the other side will be aware of these changes.

Article 7 each of the other Parties Authentication Documents his men on the ship Party authorities will recognize the ship's men their identity papers. This identification documents, in terms of the "Ship of the Republic of Turkey the man's wallet is in terms of the Republic of Azerbaijan", "Booklet".
Article 8 rights and obligations of the men stand on the ship Stay Ports 1. 7 of this agreement. Administering the identity documents presented to the holder's crew staff, 2. as defined in article names in the list of crew members on board and the ship's captain by port authorities, provided that the staff offered to take part in the list, as long as the ship in the Harbor, you can go ashore and stay without a visa in the port will be accommodated within the borders of the region.
2. in the output and return to the ship to land, crew staff Concerned editor controls will fit.

Article 9 the ship your men of Transit and accommodation Rights 1. 7. administering the item has no identity documents holder crew members, each party bringing the country entry requirements and visas, whether this is assigned to the ship where the task in the port Side, wants to return to his own country, provided that the other party to have a task order from the transit country.
2.7. The item is to be mentioned that the crew member, the other party's identity papers in the harbor of health causes, local authorities authorized service purposes or other reasons deemed to be valid if not leaving the ship, the local authorities in question, the relevant party to stay in the country when their country needed to go to a port or return to the other will give you permission.
3. within the framework of the national legislation of the parties, 7. Create the credentials specified in the holder, however objectionable, adopted their own reserves the right to ban the entry into the country.

Article 10 crew members About Legal Prosecution 1. Judicial authorities granted by one of the ship's flag at the Consulate of the country of approval or move request, unless ship Captain crew with fees or service is not authorized to look at the dispute arising from the contract.
2. If either party to the other party, while he was in the port of the vessel, the location of the ship are determined in the administrative and judicial authorities, except in the following cases to be the occasion of crimes on board cannot intervene;
a request for authority or ship to intervene) If you made with his consent;
b) crimes or results, on land or in the Harbour and will disrupt public order or endanger public safety in nature;
c a person other than the crew or Crime) crew is committed by a person other than;
d for preventing the trafficking of drugs and weapons) is programmed with prosecution if necessary.
3. The provisions of this article, implemented by both parties within the framework of international contracts, local authorities, public health manipulations of customs regulations, ships and ports security, the protection of human life, load securement, acceptance and dangerous substances into the country of foreigners and other protection for marine pollution prevention measures for implementing the rights of prejudice.

Article 11 Endangered Ships

1. If either party to the other party the ship, coast to sit or any land in case of damage or hit that party authorities;
– The ship's flag State's Diplomatic move and to fulfill the obligations of a Consulate representative will give you the news;
Will provide protection to a ship carrying Its flag – and thanks to the ship to the ship in question the same crew, passengers and the ship's load will too.
2. Rescue operations and their search-and-rescue at sea, about the 1979 International SAR Agreement in accordance with the relevant national legislation (Hamburg) and will be carried out.
Article 12 transfer of Income and other Maritime Companies Claims 1. Failure by either party to the other party each of the shipping companies, within the limits of their own country comes and other gains arising from the sea, using in order to make their payments.
2. each of the Parties within the framework of national laws and regulations to the same company, needs to be done in his own country and all the above payments are to be deducted on the other side of the income and other credit received after his country recognizes the right of transfer.
3. The parties agree that the contract is exercised in accordance with transport operations, in particular, to the provisions of the insurance and compensation stipulated by international law.

Article 13 Joint Maritime Commission 1. The parties agree to establish a joint Naval Commission for the purposes below;
– This is a useful way the fulfillment of the agreement related to the issues to be addressed;
The topics of mutual interest – sea transportation in academia who engage in – contribute to the development of sea trade between the parties.
2. at the request of the Joint Maritime Commission, a party alternately in the territory of a party in a way that is collected.
3. the Joint Maritime Commission, competent government authorities, each of the parties they appointed consists of three representatives.

Article 14 implementation and interpretation of this agreement Conflicts with regard to disputes that may arise between the Parties competent authorities in understanding the solution goes through. Dispute persists, goes through the diplomatic way solution.

Article 15 of this agreement, no provision of International commitment to the limitations on each of the parties is bound to other international treaties and regional regulations and national legislation, without prejudice to the rights and obligations arising from the implementation of.

Article 16 entry into force-Termination 1. This agreement, the parties, indicating the completion of the necessary legal process, such as providing the last declaration enters into force on.
2. from the date of entry into force of this Agreement, for a period of five years and at the end of this period automatically by itself each time stretched to a year.
3. However, this agreement may be terminated at diplomatic ways all the time. In such a case, the other Party of the termination of this Agreement will expire after six months.
May 5, 1997 in Ankara both legally must be equally valid Turkish and Azeri languages, are organized into two principal copies.
The Governments of the following signature by the duly authorized owners sign this agreement.

On Behalf Of The Government Of The Republic Of Azerbaijan On Behalf Of The Government Of The Republic Of Turkey