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Viewing cable 09STATE31078, INSTRUCTIONS TO SIGN TRANSIT ARRANGEMENT WITH THE

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Reference ID Created Released Classification Origin
09STATE31078 2009-03-31 21:43 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Secretary of State
VZCZCXRO5646
OO RUEHDBU
DE RUEHC #1078/01 0902206
ZNR UUUUU ZZH
O P 312143Z MAR 09
FM SECSTATE WASHDC
TO RUEHNT/AMEMBASSY TASHKENT IMMEDIATE 0603
INFO RUEHAH/AMEMBASSY ASHGABAT PRIORITY 0903
RUEHTA/AMEMBASSY ASTANA PRIORITY 2131
RUEHEK/AMEMBASSY BISHKEK PRIORITY 4927
RUEHDBU/AMEMBASSY DUSHANBE PRIORITY 0360
RUEHBUL/AMEMBASSY KABUL PRIORITY 9730
RUEHMO/AMEMBASSY MOSCOW PRIORITY 8906
RUEHRA/AMEMBASSY RIGA PRIORITY 1230
RUEHNO/USMISSION USNATO PRIORITY 5847
RUEAIIA/CIA WASHINGTON DC PRIORITY 5112
RHMFISS/JOINT STAFF WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHINGTON DC PRIORITY 2948
RHEFDIA/DIA WASHINGTON DC PRIORITY
UNCLAS SECTION 01 OF 12 STATE 031078 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: MARR NATO PREL UZ
SUBJECT: INSTRUCTIONS TO SIGN TRANSIT ARRANGEMENT WITH THE 
GOVERNMENT OF UZBEKISTAN 
 
REF: A. STATE 14153 
     B. TASHKENT 268 
     C. STATE 24316 
     D. EMBASSY TASHKENT EMAIL TO SCA/CEN 3/26/2009 
 
1.  (SBU)  Embassy Tashkent is instructed to deliver the 
proposed exchange of letters in paragraph 3 to the Government 
of Uzbekistan.  The U.S. Government has agreed to all of the 
Government of Uzbekistan's proposed changes found in reftel 
C.  If the transit arrangement is acceptable to the 
Government of Uzbekistan, the Ambassador is authorized to 
sign the first letter of the exchange at paragraph 3. 
Embassy Tashkent should submit the proposed reply letter in 
paragraph 3 for the Uzbek Minister of Defense to sign.  To 
complete the exchange of letters, the Government of 
Uzbekistan should submit the reply letter to the U.S. Embassy. 
 
2.  (SBU)  Post is further instructed to respond by front 
channel cable that the exchange of letters has been 
completed.  Please forward the original signed Uzbek letter 
and certified copy of the signed U.S. Letter to L/T, Daphne 
Cook, Room 5420, Department of State. 
 
3.  (SBU)  BEGIN TEXT OF EXCHANGE OF LETTERS 
 
Exchange of Letters establishing an arrangement between the 
Department of Defense of the United States of America and the 
Ministry of Defense of the Republic of Uzbekistan on 
procedures for land transit, through the territory of the 
Republic of Uzbekistan, of cargo assigned for the Armed 
Forces of the United States of America deployed on the 
territory of the Islamic Republic of Afghanistan by way of 
involvement of the State Joint Stock Railway Company 
"Uzbekiston Temir Yullari" and the State Joint Stock Company 
engaged in international automobile transport operations 
"Urta Osiyo Trans". 
 
Dear Minister             : 
 
While respecting the sovereignty, territorial integrity and 
national legislation of the Republic of Uzbekistan, 
 
Taking into consideration the Resolution 1386 (2001) of the 
UN Security Council adopted by the Security Council on 20 
December 2001 on the basis of Chapter VII of the United 
Nations Charter (reaffirmed in resolution 1833, adopted by 
the Security Council on 23 September 2008), which calls upon 
the states that share borders with the Islamic Republic of 
Afghanistan and other UN member states to provide, to the 
International Security Assistance Forces (ISAF), such 
assistance as may be required, 
 
With the intent of establishing procedures with a view to 
organizing the transit, through the territory of the Republic 
of Uzbekistan, of cargo assigned for the units of the Armed 
Forces of the United States of America deployed on the 
territory of the Islamic Republic of Afghanistan; 
 
I have the honor to confirm the following exchange of letters 
between the Ministry of Defense of the Republic of Uzbekistan 
and the Department of Defense of the United States of America 
(hereinafter referred to as the "Participants"): 
 
1. For the purpose of this exchange of letters: 
 
"transit" means movement, through the territory of Uzbekistan 
by way of railway, automobile, or combined (air-railway or 
air-automobile) transport, from cargo dispatch and 
destination points which are outside the Republic of 
Uzbekistan; 
 
"competent authorities" means authorities of the Participants 
entrusted, in accordance with the laws of the respective 
Participants, with authority to make decisions on the transit 
 
STATE 00031078  002 OF 012 
 
 
of goods in compliance with this exchange of letters; 
 
"authorization" means a document permitting the transit of 
cargo; 
 
"cargo" means supplied items, except for items listed in the 
Attachment to this exchange of letters, accepted for 
transportation, in accordance with the legislation of the 
Republic of Uzbekistan, by the State Joint Stock Railway 
Company "Uzbekiston Temir Yullari" and the State Joint Stock 
Company engaged in international automobile transport 
operations "Urta Osiyo Trans"; 
 
"supplied items" means oil and lubricants, survival 
equipment, aerodrome technical assets, logistical equipment 
and materials, maintenance equipment, clothing, provisions, 
medical supplies and medical equipment, military personnel 
life support systems, collective and individual weapons of 
mass destruction (WMD) protection kits, and other non-combat 
life support goods and supplies; 
 
"SMGS" means the Agreement on International Freight Traffic 
by Rail, dated 1 November 1951, as amended on 1 July 2008; 
 
"hazardous cargo" means cargo which, because of its inherent 
characteristics and features in the presence of specific 
factors, could, during transportation across Uzbekistan in 
accordance with the legislation of the Republic of 
Uzbekistan, or during shunting, loading, unloading or 
storage, cause an explosion, fire, or chemical or other 
pollution of the environment or damage to railway technical 
equipment or other railway installations or third persons 
with possible risk to human health or the environment; 
 
"emergency card" means a document used during an emergency 
that regulates the actions of railway and automobile company 
employees, as well as rescue teams responding to the 
consequences of transport accidents. Form of the document is 
determined in accordance with the laws of the Republic of 
Uzbekistan; 
 
"transport accident" means an incident that took place as a 
result of railway or automobile transportation and which 
caused injury to human life or health and/or damaged the 
environment, or the property of physical or legal persons; 
 
"oversize cargo" means cargo the size of which exceeds 
loading dimensions indicated in the Technical conditions for 
loading and strapping, Rules for stowage and strapping of 
loads in SMGS railway cars and containers, as well as other 
normative legal acts of the Republic of Uzbekistan depending 
on the type of transportation mode. 
 
2. Provisions of this exchange of letters are applied in 
relation to the transit of the cargo through the territory of 
the Republic of Uzbekistan, which is carried out for the 
Armed Forces of the United States of America deployed on the 
territory of Afghanistan. 
 
3. The transit across the territory of the Republic of 
Uzbekistan of military forces or weapons, ammunition, 
equipment, and military materials listed in the Annex to this 
exchange of letters is not authorized. 
 
4. It is the intent of the Participants that transit of the 
cargo across the territory of the Republic of Uzbekistan 
within the framework of this exchange of letters is to be 
conducted upon the basis of commercial agreements (contracts) 
concluded by expediting companies on behalf of the American 
Participant with the State Joint Stock Railway Company 
"Uzbekiston Temir Yullari" and the State Joint Stock Company 
for International Road Transport "Urta Osiyo Trans" as 
follows: 
 
(1) Cargos are to be delivered to Navoi International Airport 
exclusively by aircraft of the civil air companies Uzbekistan 
Havo Yollari (Uzbekistan Airways) and Korean Air chartered by 
the American Participant. The further transportation of the 
cargos to Afghanistan (Khayraton railway station) through the 
 
STATE 00031078  003 OF 012 
 
 
border cross railway station Galaba and Ayritom check-point, 
is to be conducted exclusively by the rail and road transport 
provided by SJSRC "Uzbekiston Temir Yullari" or SJSIRT "Urta 
Osiyo Trans," as appropriate. 
 
The transit of cargo by air from Navoi Airport to Afghanistan 
is not authorized. 
 
(2) Transit of goods arriving from the territories of 
Kazakhstan (through the border cross railway stations Keles 
and Karakalpakiya) and Turkmenistan (through the border cross 
railway station Khodjadavlet) to Afghanistan (through the 
border cross railway station Galaba) is to be conducted by 
the rail transport provided by SJSRC "Uzbekiston Temir 
Yullari", as appropriate. 
 
5. When conducting transit of goods, the American Participant 
and the expediting company are to make provision for 
compliance with the requirements of the Agreement on 
International Freight Traffic by Rail (SMGS), legislation of 
the Republic of Uzbekistan as well as other normative acts 
applied to the railways and roads, including the 
sanitary-epidemiologic standards, of the Republic of 
Uzbekistan. 
 
6. Cargo transiting consistent with this exchange of letters 
is subject to border and customs control and registration in 
accordance with the legislation of the Republic of 
Uzbekistan. 
 
7. (1) The transit of cargo is to be performed on the grounds 
of one-time transit authorization issued by the Ministry of 
Defense of the Republic of Uzbekistan in accordance with 
legislation of the Republic of Uzbekistan and as outlined in 
this exchange of letters. The authorization is to be canceled 
automatically in case of termination of this exchange of 
letters. In such case, shipping operations in progress are to 
be completed in accordance with the issued authorization. 
 
(2) In order to obtain authorization of the transit, 
mentioned in the Item 1 of this Article the competent 
authorities of the American Participant are to send the 
request through the diplomatic channels to the Ministry of 
Defense of the Republic of Uzbekistan in Russian or in 
English language with the Russian translation attached. The 
request is to include the following information: 
 
a) list of the transit cargo along with specification, 
country of origin, quantity in accepted measuring units, the 
Foreign Economic Activity Commodity Nomenclature code, and 
the purpose of transit; 
 
b) scheduled transit dates and the names of consignor of 
goods and the authorized expediting company; 
 
c) route, including the points of departure and destination, 
as well and the check points of the State Border of the 
Republic of Uzbekistan designated for the carrying out of 
customs and border procedures; 
 
d) information: 
 
aa) regarding the transit cargo: 
 
dimensions, the weight; 
 
if necessary, center of gravity coordinates; 
 
contact surface characteristics, availability of sliding 
parts or units for fixing during transportation, cargo 
tightening and strapping; 
 
drawings of oversized items of the cargo, and ways of 
transshipment, if necessary; 
 
bb) regarding hazardous cargo: 
 
name of the substance matter or product, number according to 
the UN list, packing materials information, transport 
 
STATE 00031078  004 OF 012 
 
 
emergency card availability; 
 
in case if the substance matter or product are not in the UN 
list information as per the "Informational Passport to be 
Provided to the UN for Classification or Reclassification of 
Substances." (UN recommendations on hazardous cargo 
transportation); 
 
e) document confirming that hazardous cargo is secured by 
guarantees in the form of insurance policy, bank guarantee or 
other indemnity to compensate possible damage to peoples' 
health or life, the environment or the national security of 
the Republic of Uzbekistan, while executing this exchange of 
letters; 
 
f) should information contained in the request require 
verification, the American Participant is to immediately 
provide additional requested data required for granting 
authorization for transit; 
 
g) additionally, the request is to contain information on the 
type of required freight cars, containers and trucks as well 
on strapping of the cargo being transported on the open and 
covered railway rolling stock in case of transshipment 
activities. While transporting hazardous cargo, the list of 
available fire-fighting, neutralizing and de-gassing 
equipment is required as well as the information on 
precautionary procedures for personal protection of 
escort/guard staff. 
 
(3) Authorization of the transit granted by the Uzbek 
Participant is to include: 
 
a) consent of the Uzbek Participant to the transit at the 
amount and in accordance with cargo nomenclature and 
specification, as well as with the period of time specified 
by the Uzbek Participant and conditions of performing the 
transit; 
 
b) instructions on required escort and/or guard of the 
transported cargo; 
 
c) the order of regulating other issues related to planning, 
organization and performing the transportation, in the 
competence of relevant authorities of the Uzbek Participant. 
 
(4) Should there be no obstacles to conducting the transit, 
the Ministry of Defense of the Republic of Uzbekistan is to 
issue and forward the authorization to the American 
Participant not later than 30 days from the moment the 
request is received. 
 
8. (1) The rolling-stock for transportation of the cargos on 
the railways and roads of the Republic of Uzbekistan is to be 
selected in accordance with the legislation of the Republic 
of Uzbekistan. 
 
(2) The placement of cargo on the rolling-stock, as well as 
its strapping during the transshipment activities, are to be 
performed in accordance with the loading and strapping 
requirements effective on the rail ways of the Republic of 
Uzbekistan. 
 
(3) Acting on behalf of the American participant, an 
expediting company is to provide strapping equipment at its 
own expense unless otherwise agreed to in each specific case. 
 
9. (1) In order to proceed along the rail ways of the 
Republic of Uzbekistan, the cargo transit is to be documented 
by international rail road waybill in accordance with SMGS. 
 
In order to use the automobile roads of the Republic of 
Uzbekistan, the cargo transit is to be documented by an 
international road waybill in accordance with the Convention 
on the Contract for the International Carriage of Goods by 
Road dated May 19, 1956, and its Protocol dated July 5, 1978. 
 
(2) The transportation of hazardous cargo is to be performed 
by the expediting company in accordance with the rules for 
 
STATE 00031078  005 OF 012 
 
 
transportation of hazardous cargo established by the 
legislation of the Republic of Uzbekistan, and SMGS. 
 
Loading and unloading operations processing of transportation 
documents of materials arriving by air to Navoi International 
Airport, and transferring by ground to Afghanistan as well as 
transit of materials proceeding from the territory of 
Kazakhstan and Turkmenistan to Afghanistan is to be 
implemented by expediting companies authorized by the 
American Participant. 
 
10. Measures for the prevention and management of traffic 
accidents related to the transit of materials, as well as 
determination of the cause, are to be implemented by the 
competent authorities of the Republic of Uzbekistan within 
the framework of its competence and with notification to the 
American Participant. 
 
11. Claims for damages arising from shipments by the 
expediting company that are governed by contracts done within 
the framework of this exchange of letters are to be 
adjudicated in accordance with the legislation and 
regulations of the Republic of Uzbekistan. 
 
12. (1) Cost for railway services for transportation of 
transit export cargo across the territory of the Republic of 
Uzbekistan is to be established in accordance with rates of 
the International Railway Transit Tariff (IRTT). 
 
Cost for automobile services for transportation of transit 
and export cargo across the territory of the Republic of 
Uzbekistan is to be established by the expediting companies 
and companies providing road transport services in the 
Republic of Uzbekistan. 
 
(2) Cost calculations for the transportation of cargo as well 
as other services are to be conducted between the expediting 
company acting on behalf of the American Participant and the 
State Joint-Stock Railway Company "Uzbekiston Temir Yullari" 
(rail transit) or State Joint-Stock Company of International 
Automobile Transport "Urta Osyo Trans" (road transit) 
consistent with the agreed conditions and the legislation of 
the Republic of Uzbekistan. 
13. Uzbek Participant is to take all the required measures on 
the territory of the Republic of Uzbekistan to ensure safety 
of cargo transit and is to render assistance in transit in 
accordance with legislation of the Republic of Uzbekistan. 
 
14. The provisions of this exchange of letters shall in no 
way affect existing agreements to which the Republic of 
Uzbekistan and the United States of America are parties. 
 
15. The Republic of Uzbekistan may support expediting 
companies acting on behalf of the American Participant in 
obtaining non-military items/materials on the territory of 
the Republic of Uzbekistan for the Armed Forces of the United 
States of America in Afghanistan on agreement (contract) 
basis in accordance with the legislation of the Republic of 
Uzbekistan. 
 
16. Disputes which may appear as a result of application or 
interpretation of this exchange of letters are to be solved 
via consultations and negotiations between the Participants. 
 
17. Issues arising from the expediting company's shipment of 
cargo under this exchange of letters are to be regulated 
consistent with the legislation of the Republic of 
Uzbekistan. 
 
18. The Participants may modify this exchange of letters 
through a subsequent exchange of letters. 
 
19. In case of force majeure circumstances, each Participant 
may notify the other Participant in writing that it will no 
longer consider the arrangement effective as of the date 90 
days following the date of the notice. 
 
I have the honor to request that if the foregoing is 
acceptable to you that your affirmative response constitute 
 
STATE 00031078  006 OF 012 
 
 
an arrangement which is to be effective upon date of your 
response letter and is to remain effective for one year, 
subject to paragraph 19. 
 
Yours sincerely, 
 
Ambassador Richard Norland 
 
ANNEX 
 
LIST OF WEAPONS, MUNITIONS, EQUIPMENT AND MILITARY GOODS 
EXCLUDED FROM THE AUTHORIZED COMMERCIAL TRANSIT 
 
The following categories of items, including all their 
subcategories are prohibited from commercial transit. 
 
360100 000 0 - Gunpowder 
 
360200 000 0  - Military explosives other than gunpowder 
 
360300 - Common fuses, detonating fuses, percussion and 
detonating caps, primers, electric detonators 
 
3604 - Signal flares, emergency flares, antimist rockets and 
other pyrotechnic items 
 
8526 - Radar, radio-navigation apparatus and radio devices 
for remote control of weapons and equipment and remote 
command and control of troops 
 
871000 000 0  - Tanks and other self-propelled armored combat 
vehicles with or without weapons, and spare parts for them 
 
8802 - Aircraft (helicopters and airplanes), spacecraft 
(including satellites) and suborbital and space carrier 
vehicles 
 
8906 - Military and rescue vessels, military support vessels 
other than rowing boats 
 
9013 - Telescopic sights for weapons, periscopes, telescopes 
manufactured as parts of vehicles or other optical devices 
usable with weapons if such devices are not mounted on 
firearms or are not accompanied by the firearms on which they 
are to be mounted; laser sights usable with weapons if these 
sights are not mounted on firearms or are not accompanied by 
the firearms on which they are to be mounted 
 
9301 - Military weapons, except revolvers and pistols and 
weapons listed under paragraph 9307 of the Foreign Economic 
Activity Goods Classification 
 
930200 000 0  - Revolvers and pistols apart from those listed 
under paragraphs 9303 and 9304 of the Foreign Economic 
Activity Goods Classification 
 
9303 - Firearms and other devices activated by an explosive 
charge 
 
9305 - Spare parts for items listed under paragraphs 
9301-9303 
 
9306 - Bombs, grenades, torpedoes, mines, missiles, and 
similar combat devices, their parts, cartridges, shells, 
other munitions and their parts, including small shot and 
cartridge wadding and cartridges for smooth-bore weapons and 
their parts. 
 
END TEXT 
 
BEGIN PROPOSED REPLY LETTER: 
 
Exchange of Letters establishing an arrangement between the 
Department of Defense of the United States of America and the 
Ministry of Defense of the Republic of Uzbekistan on 
procedures for land transit, through the territory of the 
Republic of Uzbekistan, of cargo assigned for the Armed 
Forces of the United States of America deployed on the 
territory of the Islamic Republic of Afghanistan by way of 
 
STATE 00031078  007 OF 012 
 
 
involvement of the State Joint Stock Railway Company 
"Uzbekiston Temir Yullari" and the State Joint Stock Company 
engaged in international automobile transport operations 
"Urta Osiyo Trans". 
 
Dear Ambassador Norland: 
 
I have the honor to confirm the receipt of your Letter dated 
   , 2009 stated as follows: 
 
While respecting the sovereignty, territorial integrity and 
national legislation of the Republic of Uzbekistan, 
 
Taking into consideration the Resolution 1386 (2001) of the 
UN Security Council adopted by the Security Council on 20 
December 2001 on the basis of Chapter VII of the United 
Nations Charter (reaffirmed in resolution 1833, adopted by 
the Security Council on 23 September 2008), which calls upon 
the states that share borders with the Islamic Republic of 
Afghanistan and other UN member states to provide, to the 
International Security Assistance Forces (ISAF), such 
assistance as may be required, 
 
With the intent of establishing procedures with a view to 
organizing the transit, through the territory of the Republic 
of Uzbekistan, of cargo assigned for the units of the Armed 
Forces of the United States of America deployed on the 
territory of the Islamic Republic of Afghanistan; 
 
I have the honor to confirm the following exchange of letters 
between the Ministry of Defense of the Republic of Uzbekistan 
and the Department of Defense of the United States of America 
(hereinafter referred to as the "Participants"): 
 
1. For the purpose of this exchange of letters: 
 
"transit" means movement, through the territory of Uzbekistan 
by way of railway, automobile, or combined (air-railway or 
air-automobile) transport, from cargo dispatch and 
destination points which are outside the Republic of 
Uzbekistan; 
 
"competent authorities" means authorities of the Participants 
entrusted, in accordance with the laws of the respective 
Participants, with authority to make decisions on the transit 
of goods in compliance with this exchange of letters; 
 
"authorization" means a document permitting the transit of 
cargo; 
 
"cargo" means supplied items, except for items listed in the 
Attachment to this exchange of letters, accepted for 
transportation, in accordance with the legislation of the 
Republic of Uzbekistan, by the State Joint Stock Railway 
Company "Uzbekiston Temir Yullari" and the State Joint Stock 
Company engaged in international automobile transport 
operations "Urta Osiyo Trans"; 
 
"supplied items" means oil and lubricants, survival 
equipment, aerodrome technical assets, logistical equipment 
and materials, maintenance equipment, clothing, provisions, 
medical supplies and medical equipment, military personnel 
life support systems, collective and individual weapons of 
mass destruction (WMD) protection kits, and other non-combat 
life support goods and supplies; 
 
"SMGS" means the Agreement on International Freight Traffic 
by Rail, dated 1 November 1951, as amended on 1 July 2008; 
 
"hazardous cargo" means cargo which, because of its inherent 
characteristics and features in the presence of specific 
factors, could, during transportation across Uzbekistan in 
accordance with the legislation of the Republic of 
Uzbekistan, or during shunting, loading, unloading or 
storage, cause an explosion, fire, or chemical or other 
pollution of the environment or damage to railway technical 
equipment or other railway installations or third persons 
with possible risk to human health or the environment; 
 
 
STATE 00031078  008 OF 012 
 
 
"emergency card" means a document used during an emergency 
that regulates the actions of railway and automobile company 
employees, as well as rescue teams responding to the 
consequences of transport accidents. Form of the document is 
determined in accordance with the laws of the Republic of 
Uzbekistan; 
 
"transport accident" means an incident that took place as a 
result of railway or automobile transportation and which 
caused injury to human life or health and/or damaged the 
environment, or the property of physical or legal persons; 
 
"oversize cargo" means cargo the size of which exceeds 
loading dimensions indicated in the Technical conditions for 
loading and strapping, Rules for stowage and strapping of 
loads in SMGS railway cars and containers, as well as other 
normative legal acts of the Republic of Uzbekistan depending 
on the type of transportation mode. 
 
2. Provisions of this exchange of letters are applied in 
relation to the transit of the cargo through the territory of 
the Republic of Uzbekistan, which is carried out for the 
Armed Forces of the United States of America deployed on the 
territory of Afghanistan. 
 
3. The transit across the territory of the Republic of 
Uzbekistan of military forces or weapons, ammunition, 
equipment, and military materials listed in the Annex to this 
exchange of letters is not authorized. 
 
4. It is the intent of the Participants that transit of the 
cargo across the territory of the Republic of Uzbekistan 
within the framework of this exchange of letters is to be 
conducted upon the basis of commercial agreements (contracts) 
concluded by expediting companies on behalf of the American 
Participant with the State Joint Stock Railway Company 
"Uzbekiston Temir Yullari" and the State Joint Stock Company 
for International Road Transport "Urta Osiyo Trans" as 
follows: 
 
(1) Cargos are to be delivered to Navoi International Airport 
exclusively by aircraft of the civil air companies Uzbekistan 
Havo Yollari (Uzbekistan Airways) and Korean Air chartered by 
the American Participant. The further transportation of the 
cargos to Afghanistan (Khayraton railway station) through the 
border cross railway station Galaba and Ayritom check-point, 
is to be conducted exclusively by the rail and road transport 
provided by SJSRC "Uzbekiston Temir Yullari" or SJSIRT "Urta 
Osiyo Trans," as appropriate. 
 
The transit of cargo by air from Navoi Airport to Afghanistan 
is not authorized. 
 
(2) Transit of goods arriving from the territories of 
Kazakhstan (through the border cross railway stations Keles 
and Karakalpakiya) and Turkmenistan (through the border cross 
railway station Khodjadavlet) to Afghanistan (through the 
border cross railway station Galaba) is to be conducted by 
the rail transport provided by SJSRC "Uzbekiston Temir 
Yullari", as appropriate. 
 
5. When conducting transit of goods, the American Participant 
and the expediting company are to make provision for 
compliance with the requirements of the Agreement on 
International Freight Traffic by Rail (SMGS), legislation of 
the Republic of Uzbekistan as well as other normative acts 
applied to the railways and roads, including the 
sanitary-epidemiologic standards, of the Republic of 
Uzbekistan. 
 
6. Cargo transiting consistent with this exchange of letters 
is subject to border and customs control and registration in 
accordance with the legislation of the Republic of 
Uzbekistan. 
 
7. (1) The transit of cargo is to be performed on the grounds 
of one-time transit authorization issued by the Ministry of 
Defense of the Republic of Uzbekistan in accordance with 
legislation of the Republic of Uzbekistan and as outlined in 
 
STATE 00031078  009 OF 012 
 
 
this exchange of letters. The authorization is to be canceled 
automatically in case of termination of this exchange of 
letters. In such case, shipping operations in progress are to 
be completed in accordance with the issued authorization. 
 
(2) In order to obtain authorization of the transit, 
mentioned in the Item 1 of this Article the competent 
authorities of the American Participant are to send the 
request through the diplomatic channels to the Ministry of 
Defense of the Republic of Uzbekistan in Russian or in 
English language with the Russian translation attached. The 
request is to include the following information: 
 
a) list of the transit cargo along with specification, 
country of origin, quantity in accepted measuring units, the 
Foreign Economic Activity Commodity Nomenclature code, and 
the purpose of transit; 
 
b) scheduled transit dates and the names of consignor of 
goods and the authorized expediting company; 
 
c) route, including the points of departure and destination, 
as well and the check points of the State Border of the 
Republic of Uzbekistan designated for the carrying out of 
customs and border procedures; 
 
d) information: 
 
aa) regarding the transit cargo: 
 
dimensions, the weight; 
 
if necessary, center of gravity coordinates; 
 
contact surface characteristics, availability of sliding 
parts or units for fixing during transportation, cargo 
tightening and strapping; 
 
drawings of oversized items of the cargo, and ways of 
transshipment, if necessary; 
 
bb) regarding hazardous cargo: 
 
name of the substance matter or product, number according to 
the UN list, packing materials information, transport 
emergency card availability; 
 
in case if the substance matter or product are not in the UN 
list information as per the "Informational Passport to be 
Provided to the UN for Classification or Reclassification of 
Substances." (UN recommendations on hazardous cargo 
transportation); 
 
e) document confirming that hazardous cargo is secured by 
guarantees in the form of insurance policy, bank guarantee or 
other indemnity to compensate possible damage to peoples' 
health or life, the environment or the national security of 
the Republic of Uzbekistan, while executing this exchange of 
letters; 
 
f) should information contained in the request require 
verification, the American Participant is to immediately 
provide additional requested data required for granting 
authorization for transit; 
 
g) additionally, the request is to contain information on the 
type of required freight cars, containers and trucks as well 
on strapping of the cargo being transported on the open and 
covered railway rolling stock in case of transshipment 
activities. While transporting hazardous cargo, the list of 
available fire-fighting, neutralizing and de-gassing 
equipment is required as well as the information on 
precautionary procedures for personal protection of 
escort/guard staff. 
 
(3) Authorization of the transit granted by the Uzbek 
Participant is to include: 
 
a) consent of the Uzbek Participant to the transit at the 
 
STATE 00031078  010 OF 012 
 
 
amount and in accordance with cargo nomenclature and 
specification, as well as with the period of time specified 
by the Uzbek Participant and conditions of performing the 
transit; 
 
b) instructions on required escort and/or guard of the 
transported cargo; 
 
c) the order of regulating other issues related to planning, 
organization and performing the transportation, in the 
competence of relevant authorities of the Uzbek Participant. 
 
(4) Should there be no obstacles to conducting the transit, 
the Ministry of Defense of the Republic of Uzbekistan is to 
issue and forward the authorization to the American 
Participant not later than 30 days from the moment the 
request is received. 
 
8. (1) The rolling-stock for transportation of the cargos on 
the railways and roads of the Republic of Uzbekistan is to be 
selected in accordance with the legislation of the Republic 
of Uzbekistan. 
 
(2) The placement of cargo on the rolling-stock, as well as 
its strapping during the transshipment activities, are to be 
performed in accordance with the loading and strapping 
requirements effective on the rail ways of the Republic of 
Uzbekistan. 
 
(3) Acting on behalf of the American participant, an 
expediting company is to provide strapping equipment at its 
own expense unless otherwise agreed to in each specific case. 
 
9. (1) In order to proceed along the rail ways of the 
Republic of Uzbekistan, the cargo transit is to be documented 
by international rail road waybill in accordance with SMGS. 
 
In order to use the automobile roads of the Republic of 
Uzbekistan, the cargo transit is to be documented by an 
international road waybill in accordance with the Convention 
on the Contract for the International Carriage of Goods by 
Road dated May 19, 1956, and its Protocol dated July 5, 1978. 
 
(2) The transportation of hazardous cargo is to be performed 
by the expediting company in accordance with the rules for 
transportation of hazardous cargo established by the 
legislation of the Republic of Uzbekistan, and SMGS. 
 
Loading and unloading operations processing of transportation 
documents of materials arriving by air to Navoi International 
Airport, and transferring by ground to Afghanistan as well as 
transit of materials proceeding from the territory of 
Kazakhstan and Turkmenistan to Afghanistan is to be 
implemented by expediting companies authorized by the 
American Participant. 
 
10. Measures for the prevention and management of traffic 
accidents related to the transit of materials, as well as 
determination of the cause, are to be implemented by the 
competent authorities of the Republic of Uzbekistan within 
the framework of its competence and with notification to the 
American Participant. 
 
11. Claims for damages arising from shipments by the 
expediting company that are governed by contracts done within 
the framework of this exchange of letters are to be 
adjudicated in accordance with the legislation and 
regulations of the Republic of Uzbekistan. 
 
12. (1) Cost for railway services for transportation of 
transit export cargo across the territory of the Republic of 
Uzbekistan is to be established in accordance with rates of 
the International Railway Transit Tariff (IRTT). 
 
Cost for automobile services for transportation of transit 
and export cargo across the territory of the Republic of 
Uzbekistan is to be established by the expediting companies 
and companies providing road transport services in the 
Republic of Uzbekistan. 
 
STATE 00031078  011 OF 012 
 
 
 
(2) Cost calculations for the transportation of cargo as well 
as other services are to be conducted between the expediting 
company acting on behalf of the American Participant and the 
State Joint-Stock Railway Company "Uzbekiston Temir Yullari" 
(rail transit) or State Joint-Stock Company of International 
Automobile Transport "Urta Osyo Trans" (road transit) 
consistent with the agreed conditions and the legislation of 
the Republic of Uzbekistan. 
13. Uzbek Participant is to take all the required measures on 
the territory of the Republic of Uzbekistan to ensure safety 
of cargo transit and is to render assistance in transit in 
accordance with legislation of the Republic of Uzbekistan. 
 
14. The provisions of this exchange of letters shall in no 
way affect existing agreements to which the Republic of 
Uzbekistan and the United States of America are parties. 
 
15. The Republic of Uzbekistan may support expediting 
companies acting on behalf of the American Participant in 
obtaining non-military items/materials on the territory of 
the Republic of Uzbekistan for the Armed Forces of the United 
States of America in Afghanistan on agreement (contract) 
basis in accordance with the legislation of the Republic of 
Uzbekistan. 
 
16. Disputes which may appear as a result of application or 
interpretation of this exchange of letters are to be solved 
via consultations and negotiations between the Participants. 
 
17. Issues arising from the expediting company's shipment of 
cargo under this exchange of letters are to be regulated 
consistent with the legislation of the Republic of 
Uzbekistan. 
 
18. The Participants may modify this exchange of letters 
through a subsequent exchange of letters. 
 
19. In case of force majeure circumstances, each Participant 
may notify the other Participant in writing that it will no 
longer consider the arrangement effective as of the date 90 
days following the date of the notice. 
 
I have the honor to request that if the foregoing is 
acceptable to you that your affirmative response constitute 
an arrangement which is to be effective upon date of your 
response letter and is to remain effective for one year, 
subject to paragraph 19. 
 
Yours sincerely, 
 
Minister 
 
ANNEX 
 
LIST OF WEAPONS, MUNITIONS, EQUIPMENT AND MILITARY GOODS 
EXCLUDED FROM THE AUTHORIZED COMMERCIAL TRANSIT 
 
The following categories of items, including all their 
subcategories are prohibited from commercial transit. 
 
360100 000 0 - Gunpowder 
 
360200 000 0  - Military explosives other than gunpowder 
 
360300 - Common fuses, detonating fuses, percussion and 
detonating caps, primers, electric detonators 
 
3604 - Signal flares, emergency flares, antimist rockets and 
other pyrotechnic items 
 
8526 - Radar, radio-navigation apparatus and radio devices 
for remote control of weapons and equipment and remote 
command and control of troops 
 
871000 000 0  - Tanks and other self-propelled armored combat 
vehicles with or without weapons, and spare parts for them 
 
8802 - Aircraft (helicopters and airplanes), spacecraft 
 
STATE 00031078  012 OF 012 
 
 
(including satellites) and suborbital and space carrier 
vehicles 
 
8906 - Military and rescue vessels, military support vessels 
other than rowing boats 
 
9013 - Telescopic sights for weapons, periscopes, telescopes 
manufactured as parts of vehicles or other optical devices 
usable with weapons if such devices are not mounted on 
firearms or are not accompanied by the firearms on which they 
are to be mounted; laser sights usable with weapons if these 
sights are not mounted on firearms or are not accompanied by 
the firearms on which they are to be mounted 
 
9301 - Military weapons, except revolvers and pistols and 
weapons listed under paragraph 9307 of the Foreign Economic 
Activity Goods Classification 
 
930200 000 0  - Revolvers and pistols apart from those listed 
under paragraphs 9303 and 9304 of the Foreign Economic 
Activity Goods Classification 
 
9303 - Firearms and other devices activated by an explosive 
charge 
 
9305 - Spare parts for items listed under paragraphs 
9301-9303 
 
9306 - Bombs, grenades, torpedoes, mines, missiles, and 
similar combat devices, their parts, cartridges, shells, 
other munitions and their parts, including small shot and 
cartridge wadding and cartridges for smooth-bore weapons and 
their parts. 
 
END TEXT OF LETTER 
 
4.  (U)  Please direct questions to Mr. Clark Adams, Director 
for Central Asia (703-697-1795), or Ms. Tressa Guenov, 
Country Director for Uzbekistan and Turkmenistan 
(703-697-1862), Office of the Under Secretary of Defense for 
Policy. 
CLINTON