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July 21, 2012 14:30
BETWEEN THE ISLAMIC REPUBLIC OF PAKISTAN AND
THE UNITED STATES OF AMERICA FOR THE TRANSIT OF U.S. CARGO TO AND FROM THE ISLAMIC REPUBLIC THROUGH THE TERRITORY OF AFGHANISTAN OF PAKISTAN
OF THE ISLAMIC REPUBLIC
INTRODUCTION I. The Government of the Islamic Republic of Pakistan, as represented by the Ministry of Defense, and the Government of the United States of America, as represented by the U.S. Department of Defense (hereinafter collectively referred to as the "Participants" or individually as "Pakistan" or the "United States"); 2. Recognizing the principles and goals of the Charter of the United Nations (UN);
3. In consideration of UN Security Council Resolution 1386 (2001), which authorized the establishment of the International Security Assistance Force (ISAF) for the maintenance of security in Afghanistan, and its multiple successors, including Resolution 1510 (2003) and Resolution 2011 (2011); 4. Recognizing the efforts of the United States and Pakistan towards ensuring the security. stabilization, and reconstruction of Afghanistan, and, in this regard, the importance of transit of U.S. cargo through the terri tory of Pakistan; and 5. Desiring to establish necessary measures and procedures with a view to organizing the transit of U.S. cargo through the territory of Pakistan, based on the United States' full respect for Pakistan's sovereignty, using ground lines of communication to and from Afghanistan; Have reached the following (MOU): understandings through this Memorandum of Understanding
Section 1 - DEFINITIONS For the purposes of this MOU, the terms used herein mean the following:
1. "transit" means the movement of U.S. cargo by commercial carriers over the ground lines of communication (GLOC) (including roadways, taking into account the axle load, and railways, taking into account cost effectiveness and functionality) to and from Afghanistan through the territory of Pakistan. 2. "authorization for transit" means a written authorization within the framework of this MOU issued by the Ministry of Defense. "US. cargo" means non-lethal items, including: U.S. Department of Defenseprovided humanitarian items, including food, medicines, equipment, and materials designated for free of charge distribution among the population of Afghanistan; U.S. Department of Defenseprovided daily activity support items, including those designated for U.S. military, civilian, and other personnel embedded with U.S. forces or for U.S. assistance to Afghan security forces; and military equipment, vehicles, and other military property, including those designated for U.S. military, civilian, and other personnel embedded with US. forces, for U.S. assistance to Afghan security forces, or for transport out of Afghanistan.
"Prohibited cargo" means lethal items, such as arms and ammunition, and hazardous and dangerous materials defined under the applicable laws, rules, and regulations of Pakistan, and as enumerated in Annex A, not permitted for transit to Afghanistan under this MOU, with the exception of military equipment intended for the capacity building of the Afghanistan National Security Forces (ANSF).
4. 5. "Conveyance" means a 20-foot (1 20-foot equivalent unit (TEU)) or a 40-foot (2 TEUs) container mounted on a truck/trailer or a truck/trailer carrying U. S. cargo that conforms to requirements in the applicable laws, rules, and regulations of Pakistan. 6. "Commercial Carrier" means a legal entity that provides related services under a contract or subcontract with or for the United States.
Section 2 - PURPOSE AND SCOPE This MOU establishes the principles and procedures for the quick and efficient transit of U.S. cargo to and from Afghanistan through the territory of Pakistan for the purpose of supporting international efforts for ensuring the security, stabilization, and reconstruction of Afghanistan.
Section 3 - DESIGNATED COMPETENT AUTHORITIES 1. Pakistan intends for its Ministry of Defense to be the Central Coordinating Authority responsible for the coordination, day-to-day operations, and implementation of this MOU. 2. The United States intends for the Office of the Defense Representative - Pakistan (ODRP) of the U.S. Department of Defense to be its Central Coordinating Authority responsible
for the coordination, day-to-day operations, and implementation of this MOU.
Section 4 - TRANSIT ROUTES AND STAGING AREAS 1. Transit of U.S. cargo under this MOU is expected to use the following routes: a. Southern Route (from Karachi Port/Port Qasim to Chaman and the reverse); and b. Northern Route (from Karachi Port/Port Qasirn to Torkham and the reverse). 2. Pakistan is to prescribe and inform the United States of specific route details, as necessary, consistent with the objective of ensuring quick and efficient transit of U.S. cargo. 3. The Participants acknowledge that no warehousing or storage of U.S. cargo en route would be allowed in the territory of Pakistan.
Section 5 - TRANSIT AUTHORIZATION 1. Transit of U.S. cargo under this MOU is to be based on an authorization for transit issued by the Ministry of Defense and in accordance with applicable Pakistani laws, rules, regulations, orders, including Customs General Order [Xx/date], customs procedures, and applicable published fees. Upon the issuance of this authorization for transit, any further No Objection Certificate would not be required. 2. Pakistan may refuse to issue an authorization for transit under this MOU, or may cancel or suspend an authorization for transit under this MOU, if Pakistan has determined that the transit of U.S. cargo is not consistent with this MOU. 3. The Ministry of Defense is to inform ODRP immediately of any decision to refuse to issue an authorization for transit under this MOU, or of the cancellation or suspension of authorization for transit under this MOU.
Section 6 - RE-EXPORT OF U.S. CARGO U.S. cargo for which an authorization for transit has been refused, or U.S. cargo for which authorization for transit has been canceled or suspended, may be re-exported, ODRP or commercial carriers are to be facilitated access to U.S. cargo whenever requested.
Section 7 - VOLUMES AND HANDLING PRIORITY In view of Pakistan's capacity and availability of resources, and the Participants' national requirements at any point in time, priority of handling of U.S. cargo and the volume permitted to
and from Afghanistan are to be jointly established and coordinated, with the appropriate lead time, by the Ministry of Defense and the ODRP. Pakistan retains the right to decide volumes and accord priority per its national needs and requirements when so warranted.
Section 8 - STREAMLINING
AND EXPEDITING TRANSIT OF U.S. CARGO
1. Pakistan is expected to take the following measures to streamline the transit of U.S. cargo under this MOU, at no additional cost to the United States: a. Establish a dedicated office for priority processing of U.S. cargo at transit points; b. Provision of information to the United States of road conditions for continuity of transit whenever necessary;
Provision of monitoring measures through the prescribed transit routes; and
d. Facilitation of availability of sufficient space within the Karachi Portl Port Qasim for U.S. cargo awaiting onward transit, subject to the provisions of Section 10, herein. 2. Pakistan may offer to provide additional services to expedite the transit of U.S. cargo, at fees to be mutually determined in follow-on terms of reference, using the consultative procedures in Section 12. Such additional services could include: a. Facilitation of the transit of U.S. cargo through the processing of documentation for customs clearance prior to arrival at Karachi Port/Port Qasim (for U.S. cargo transiting to Afghanistan) or prior to the arrival at border crossing points (for U.S. cargo transiting from Afghanistan) and expediting, as practicable, other required transit documentation; and b. Automation of uniform customs clearance processes at transit points within Pakistan and automating, as practicable, other transit documentation processes,
Section 9 - TRANSIT OF U.S. CARGO OUT OF AFGHANISTAN The Participants intend that U.S. cargo, including empty containers, that was transported to Afghanistan through Pakistan or the territory of a country other than Pakistan may transit from Afghanistan through the territory of Pakistan.
Section 10 - TAXES, DUTIES AND FEES 1. this MOU. 2. No taxes or customs duties are to be collected against U.S. cargo for transit under
The United States acknowledges that commercial carriers are to pay fees:
Generally applicable on U.S. cargo transiting Pakistan in accordance with Pakistani laws, rules, regulations, and orders, as notified and published. services, if mutually agreed, as described in Section 8,
b. For additional paragraph 2.
Section 11- SECURITY The authorities concerned in Pakistan are to take the necessary measures to possibly maintain the general security environment through their jurisdictions in accordance with applicable Pakistani law.
Section 12 - MUTUAL CONSULTATIONS 1. In Annex B to this MOU, the Participants are to provide contact information for their respective representatives who are to be made available for consultations on the implementation of this MOll and the development of corresponding terms of reference as may be necessary. 2. The Participants' respective representatives are expected to meet on a mutually convenient date at least once every two months to evaluate cooperation under this MOU and address mutual or respective areas of concerns regarding cooperation under this MOU.
Section 13 - EXTENSION TO NATO-LED ISAF The Participants intend that this MOU may form the basis of a wider arrangement covering member nations of the NATO-led ISAF through an exchange of letters, as may be mutually determined between Pakistan and, on behalf ofISAF nations, NATO.
Section 14 - DISPUTE RESOLUTION The Participants intend that issues arising from commercial carriers' transit of U.S. cargo under this MOU are to be regulated consistent with the applicable laws, rules, and regulations of Pakistan.
The Participants intend that disputes that may arise as a result of the application or
interpretation of this MOU, and that may not be resolved through the consultative processes established in Section 12, are to be resolved through consultations and negotiations at higher levels between the Participants and would not be referred to any third entity for settlement.
Section 15 - CLAIMS AND LIABILITIES
The United States acknowledges that commercial carriers are responsible to the United States for possible damage to or loss of U.S. cargo, and that, in the event of damage to or loss of U.S. cargo transiting Pakistan under this MOU, the United States intends to submit the relevant claim to the commercial carrier.
Section 16 - FINAL PROVISIONS: COMMENCEMENT, DURATION, MODIFICATION, AND ENDING COOPERATION 1. Cooperation under this MOU is intended to commence after the date of signature below, and after the Participants have completed any domestic processes required by their internal government procedures and have so notified the other Participant in writing. 2. Cooperation under this cooperation may continue thereafter periods of one year. The Participants been taken not to continue cooperation MOU is intended to last until December 31, 2015, and that if mutually desired by the Participants for subsequent intend to inform one another in writing if a decision has under this MOU.
3. The Participants intend that either Participant may end cooperation under this MOU at any time after notifying the other Participant to that effect. Under normal circumstances, the Participants intend that cooperation under this MOU would end 45 days from receipt of the relevant notification. 4. The Participants intend that this MOU may be modified by written mutual understanding of the Participants by an exchange of letters, and numbered consecutively and annexed to this MOU. 5. Cooperation under this MOU is to be subject to each Participant's respective laws, rules, and regulations. This MOU was signed on Month XXX, Day of XX, 2012, in the city of Islamabad in duplicate.
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Annex A - Prohibited U.S. Cargo
I. Small anTIS and light weapons of all types and calibers 2. Anti-tank weapons of all types 3. Mortars of all types 4. Automatic grenade launchers 5. Tanks and armored vehicles with rigid mounted weapons 6. Wheeled armored vehicles with rigid mounted weapons 7. Artillery guns of all types and calibers 8. Missiles, rockets (guided or otherwise), 9. Mines of all types 10. Bombs of all types II. All types of projectiles and artillery munitions and launchers of all types
12. Di rected energy and ki netic energy weapons systems 13. Laser weapon systems, including wave or pulse laser systems 14. Combat aircraft, attack helicopters, including their armament systems
15. Unmanned aerial vehicles, unmanned combat aerial vehicles, and drones, and their controlling, operating, launching, and recovery equipment 16 Ammunition, military, and commercial explosives of all types, including initiating devices
17. Chemical weapons, including precursors and munitions, as defined by Pakistan's Chemical Weapons Convention Implementation Ordinance, 2000, or agents for use in chemical warfare and their delivery means 18. Those narcotic drugs and psychotropic substances subject to limits on transport in the U.N. Convention against Illicit Traffic in Narcotic Drugs and Psychotrophic Substances (December 20, 1988) and included at Annex A to Protocol Four of the Afghanistan - Pakistan Transit Trade Agreement, 20 10 (APn A) (October 28,20 I 0) 19. Biological weapons, including biological agents for use as weapons, and their delivery means
20. Dangerous goods barred for international carriage under the European Agreement concerning the International Carriage of Dangerous Goods by Road (September 30, 1957) and its Annexes, as most recently amended on January 1,20 I I
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21. Hazardous waste material, including depleted uranium ammunition, as defined and classified in the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal (March 23, (989), unless transported in environmentally sound containers, in accordance with Pakistan's and international standards 22. Nuclear weapons or nuclear explosive devices, including components, systems, and training models for such weapons or devices sub-components, delivery
23. Source material (or uranium contain ing the mixture of isotopes occurring in nature; uranium depleted in the isotope 235; thorium; any of the foregoing in the form of metal, alloy, chemical compound, or concentrate; any other substance containing one or more of the foregoing in such concentration as may be mutually determined between the Participants; and such other substances as may be mutually determined by the Participants}; byproduct material (or any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of p rod uc in g or uti Iizi 11g s pecia I n II cl ear mater ial); or s pee ial n lIC Iear III ater ial (or plutonium, uranium 233, uranium enriched in the isotope 233 or 235; any substance containing one or more of the f-oregoing; and sllch other substances as may be mutually determ ined by the Partici pants); or, without the appropriate license or authorization, items restricted under the Pakistan Nuclear Authority Ordinance, 2001and Export Control Act on Goods Technologies Materials Related to Nuclear and Biological Weapons and Related Delivery Systems Act - 2004 24. Any other type of weapon, ammunition, military or commercial explosives not listed above
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Annex B - Contact Details CCA - Pak and Associated Organizations a. MINISTRY OF DEFENCE (MoD) Clo Additional Secretary-III, Pak Sectt-II, Rawalpindi Telephone: 051-9271119 and Fax: 051-9271119 FEDERAL BOARD OF REVENUE (FBR) (1) Secretary (L&P) Federal Board of Revenue, Islamabad Telephone: 051-9214031 and Fax: 051-9201539 Chief Collector of Customs (SOUTH) Customs House, Karachi Telephone: 021-99214170 and 021-99214982 and Fax: 021-99214134
NATIONAL LOGISTICS CELL (NLC)
Director General Headquarter NLC, Rawalpindi Telephone: and Fax: Director Operations Headquarter NLC, Rawalpindi Telephone: 051-9052134 and Fax: 051-9271206
PORTS & SHIPPING
General Manager (Operations) Karachi Port Trust (KPT), Karachi Telephone: 021-99214375_and Fax:021-99214455 Director General (Operations) Port Qasim Authority, Karachi Telephone :021-99272151_and Fax: 021-99272162
NATIONAL HIGHWAY AUTHORITY (NHA) Member (Operations), NHA Headquarters, National Highway Authority, Islamabad Telephone: 051-9032800 and Fax: 051-9260216
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[U.S. Central Coordination Authorities] 1. U.S. CCA. The Office of the Defense Representative Pakistan (ODRP) is the U.S. Central Coordination Authority. a. The General Officer point of contact at ODRP is the Deputy for Operations.
b. The point of contact for daily business is the Surface Deployment and Distribution Command (SDDC) Liaison Officer for ODRP. The SDDC LNO to ODRP is located in the U,S. Embassy Islamabad. c. AdditionaIOffic:es. The U.S. will retain customs and transit capabilities within the U.S. Consulate/s) Karachi and Peshawar. d. Commercial carrier representatives will continue to be available at ports and border crossings in order to facilitate processing and movement ofU .S. cargo. 2. U.S. CCA. a. b. c. The General Officer's point of contact 92-51-208-2896. The point of contact for daily business is 92- 51-208-2685. Additional offices. Karachi 021-352-5003; Peshawar 091-526-8800.