Text of tripartite document signed by the leaders of Turkmenistan, Afghanistan and Pakistan
Between the governments of Turkmenistan and Afghanistan and the government of Islamic Republic of Pakistan on the project of gas main and oil pipeline Turkmenian-Afghanistan-Pakistan.
The Government of Turkmenistan (the Turkmen side), the Afghan Government (the Afghan side) and the Government of the Islamic Republic of Pakistan (the Pakistani side), which are later in the text is referred as a Sides, taking into consideration the cultural ties and common interests, and aspiration of the Sides to strengthen friendly relations among the Sides regarding the projects on oil and gas pipelines;
Taking into consideration the interest of the sides:
- in construction and exploitation of gas main by the Consortium for delivery of natural gas from Turmenistan to Pakistan via the territory of Afghanistan and
- in elaboration of the pre-feasibility study of construction of the main by the union (later on referred as Consultant);
the Sides agreed:
The Sides support the construction of Turkmenistan-Afghanistan-Pakistan gas main, consider it as meeting the vital interests of peoples, leaving in the region, and will coordinate joint activity, necessary for the supply, transportation and utilization of Turkmen natural gas.
On the first stage, before the pre-feasibility study of Turkmenistan-Afghanistan-Pakistan and will be the first main phase of the project. Later the opportunity for laying the gas main to the third state or states (the second phase) will be discussed.
Pakistan comes forward as a link, guaranteeing regular transit of natural gas to the third states and will receive fee for gas transit co-agreed between Turkmen and Pakistani Sides. Pakistan will have a right to buy gas for domestic use or to pump its gas in case if it has additional capacities.
The Afghan Side will provide unimpeded transit of Turkmen natural gas from Turkmenistan to Pakistan and will get fee for transit of gas mutually agreed by Turkmen and Afghani Sides or other accords agreed by proper sides.
The Sides agreed to reform a committee, headed by the Ministry of Mining Industry of Afghanistan from the Afghan Side, the Ministry of Oil and Gas of the Islamic Republic of Pakistan from the Pakistani Side and the Ministry of Oil and Gas Industry and Mineral Resources of Turkmenistan consisting of three representatives of each of the Sides. They are to observe the process of pre-feasibility study and consultations with each others on first and second stages of the project.
The committee will research possible construction of highway and railway, as well as electric supply lines and optic-fiber connection among the three states.
The sides agreed to choose a Consultant for elaboration of pre-feasibility study due to international tender. Financing of the works will be carried out by international financial institutes.
The Sides will render assistance and will provide to Consultant data and technical information, necessary for pre-feasibility study; The Turkmen Side will play the leading role and inform the Sides on all stages of researches and consult with Pakistan and Afghanistan;
As a part of this researches, Consultant can also study the possible implementation of the project of oil pipeline from Turkmenistan to Dvadar (Pakistan) via the territory of Afghanistan.
Pre-feasibility study will be a basis for elaboration of feasibility study and further inter-governmental agreements, such as
- Agreement on gas sale and purchase;
- Agreement with transit states;
- Agreement on gas pipeline;
and other proper agreements.
The Sides express their support and will expert all efforts for attracting international Consortium, having an experience in implementation of such projects. The gas main will be constructed and will belong and be exploited by the international Consortium.
The Sides agreed that Afghanistan has a right of access to Turkmenistan-Afghanistan-Pakistan gas main for exporting its natural gas, as well as for gas supply from this system for the domestic use of Afghanistan. The volume of exported and received gas for Afghanistan will be accorded among the Sides based on the results of pre-feasibility study.
The Sides guarantee the security of the gas main passing through their territory. The Sides realizes the role of adoption of International convention and other proper international-legal instruments under the aegis of UN, giving security guarantees and development of pipeline system.
The Afghan side is obliged to make necessary researches on its territory based on the results of pre-feasibility study for finding mines, ammunition and other explosive devices, which were not exploded. The Sides will undertake all necessary measures for providing security of entire foreign personnel, which will be on its territory as of the implementation of works on the gas main project.
Any changes or amendments to this Agreement, relating to the Gas pipeline will be fixed in a separate tripartite Protocol, signed by the Sides and be an integral part of this Agreement.
As for the comments and disputes over this Agreement they should be settled due to negotiations and consultations between the Sides.
This Agreement will come into force after the Sides come to accord regarding the procedure. This Agreement will act within three years and may be prolonged based on written agreement of the Sides six months prior to the termination of the Agreement.
(The Agreement is signed by Saparmurat Niyazov - from the Turkmen Government, Hamid Karzay - from the Government of Afghanistan, Pervez Musharaf - from the Government of Pakistan)
May 30, 2002.