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SG/TU/WG.SERV/DOC.2/97/Rev. 2
25 February 1998
Original: English



3.3 Land Transport

B. Bilateral Sectoral Agreements

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1. Acuerdo de Transporte Internacional por Carretera de Pasajeros y Carga (Agreement on the International Transport of Passengers and Cargo by Road)

DATE: July 4, 1995

MEMBERS: Venezuela and Brazil

Summary of Provisions

Article 3:
The entry and exit of the Parties’ vehicles transporting passengers or cargo through authorized passages in the border is allowed, on the basis of reciprocity, in conformity with the existing laws and regulations in each country and under the conditions of this Agreement and its Annexes.

Article 6: The authorizations to which Article 3 refers will only be granted to vehicles operating under the responsibility of qualified transporter companies, which have obtained authorizations according to the legislation of the country to whose jurisdiction they belong and to the standards for entry, exit, traffic and transport of each of the Parties. 

Article 10: The Parties will determine the authorized points for the passage through the border, the routes, itineraries and terminals to be used within their territory, which should offer the best conditions for operation and the lowest transport costs, always in conformity with the principles of this Agreement.

Article 2:
For the purposes of this Agreement the following definitions are used:

“Transport by Road”, “International Transport by Road: the transport by road which crosses at least one point on the border between the two countries”, ”Commercial Transport”, “Transport of Passengers”, “Cargo”, “Vehicle for Transport of Passengers”, “Automotive Vehicle for Transport of Cargo”, “Crew”, “Transporter Company”, “Authorized Individual Transporter”, “Transport of Owned Cargo”.

National Treatment:
Article 8:
Each Party will apply to the transporters, vehicles and crews of the other Party in its territory, the same legal and regulatory provisions applied to its own transporters, vehicle and crews, in the international transport of passengers and cargo by road.

Article 13:
The crew of vehicles shall be supported by documents which allow the exercise of its functions, issued by the competent authorities of the country to which they belong, and which will be recognized by both Parties.

Article 14:
Each Party will keep the other Party informed about the dimensions, maximum weights and other technical standards which are required in its territory for the internal circulation of vehicles.

Insurance Policies:
Article 15:
The transporters will be obliged to insure the transport risks with relation to third persons and to the crew. Each Party will adopt internal legislative measures which allow the issuance of insurance policies with international validity.

Article 17:
The specific and operational provisions which regulate the different aspects covered in this Agreement will be the object of the standards contained in Annexes, referring to operational and organizational aspects of insurance, migration and customs, which are part of this Agreement and whose application is under the responsibility of the competent entities of each country.

Implementing Agencies:
Article 19:
The Parties designate as Competent National Entities in charge of the implementation of this Agreement:

a) The Ministry of Transport and Communications, through the Division of of Autonomous Service of Land Transport and Traffic for the Republic of Venezuela.

b) The Ministry of Transport, through the Department of Transport by Highway of the Department of Production for the Federative Republic of Brazil.

The Parties will constitute a Commission through diplomatic channels, to periodically evaluate the execution of this Agreement and to suggest amendments to be incorporated to its Annexes. The Commission will meet once a year by request of one of the Parties, through previous notification, formulated with an anticipation of sixty (60) days or will hold special meetings when necessary.

Notification and Entry into Force:
Article 20:
Each of the Parties will notify the other the completion of the legal internal requirements which are necessary for the approval of this Agreement. The Agreement will enter into force once the last notification has been made.

Settlement of Disputes:
Article 21:
The Disputes between the Parties which may arise over the interpretation or execution of this Agreement will be solved through direct negotiations which will take place through diplomatic channels.

Article 22:
This Agreement may be denounced by any of the Parties, through diplomatic channels, in which case its effects will be ceased within six (6) months of the receipt of the respective notification.

Article 23:
This Agreement may be modified by mutual consent of both Parties. The agreed modifications, once notified through diplomatic channels, will enter into force according to Article 20.

2. Convenio de Transporte Terrestre Fronterizo de Carga (Agreement on the Cross-Border Land Transport of Cargo) 

DATE: February 19, 1982

MEMBERS: Venezuela and Brazil

Summary of Provisions

Article 1:
For the purposes of this Agreement it is considered “cross-border transport” the transport between the State of Bolívar (Venezuela) and the Federal Territory of Roraima (Brazil), whenever the transported cargo has its origin or destination in such territories.

Article 3: For the purposes of this Agreement the competent entities responsible for its application in the respective countries are:

  • The General Sectoral Department of Transport and Land Traffic of the Ministry of Transport and Communications for the Republic of Venezuela.
  • The National Department of Highways of the Ministry of Transports for the Federative Republic of Brazil.

Conditions for Operation:
Article 2:
Any transporter, natural or juridic person, using any freight vehicle of the fleet of both countries, may carry the cross-border transport once the legal requirements of the country of origin have been fulfilled, and the respective vehicles are properly authorized for the mentioned transport under the terms of this Agreement.

The authorities on traffic and land transport of both countries may keep a current list of all authorized vehicles for the cross-border transport.

Article 3:
The countries’ authorities on land transport and traffic will implement this Agreement, carrying the following attributions, among others:

a) Approve the models, in both Spanish and Portuguese, for the format of the authorization for the cross-border transport and the corresponding identification which will be kept in a visible place of the vehicle;

b) Habilitate the cross-border transport through the issuance of the authorization referred in paragraph a) of this Article;

c) Cancel the authorization when they consider it appropriate, informing the authorities of the other country;

d) Maintain permanent exchange of information with the authorities on customs, migration and security in order to coordinate the operational procedures.

Other Provisions:
Article 4:
The crew, the vehicles and the transported merchandise will be subject to the achievement of the standards for the areas of customs, migration, sanitation and others, that are anticipated in the current legislation of each country.

Article 6: For the purposes of the transport which is the object of this Agreement, the vehicles must be supported by a civil responsibility insurance policy with coverage in both countries.

Article 10:
In the case of infractions that occurred during the operation of the cross-border transport, the sanctions anticipated in the legislation of the country in which the infractions took place will be applied.

Notification and Entry into Force:
Article 11:
Each of the Contracting Parties will notify the other of the fulfillment of the internal legal requirements which are necessary for the approval of this Agreement, which will enter into force when the last notification takes place.

Duration and Denouncement:
Article 12:
This Agreement will have a duration of two years and will be renewed automatically for equal periods. It may be denounced by any of the Parties through diplomatic channels, in which case its effects will cease within six months of the receipt of the respective notification.

Article 13:
This Agreement may be modified by a mutual decision of both Parties. The agreed modifications will enter into force according to Article 11.


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