On approval of the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Finland on air traffic

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Law of the Republic of Kazakhstan dated November 10, 1998 No. 299-I

To approve the agreement on air traffic between the Government of the Republic of Kazakhstan and the Government of the Republic of Finland, signed in Almaty on February 7, 1996.

President Of The Republic Of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Finland on air traffic

(Entered into force on June 1, 2005-official website of the Ministry of Foreign Affairs)

The Government of the Republic of Kazakhstan and the Government of the Republic of Finland, hereinafter referred to as the "contracting parties", as participants in the Convention on International Civil Aviation opened for signing in Chicago on December 7, 1944, in accordance with the mentioned Convention and as an annex to it, agreed on the following, concluding an agreement for the purpose of establishing systematized air traffic in their respective territories and beyond:

Article 1 definitions

1. for the purposes of this Agreement, where no value other than the context is required: (a) the name "Chicago Convention" means the Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, and includes any amendments ratified by both Contracting Parties that enter into force under Article 90 and 94; and any additional or any amendments adopted under Article 90 of this convention, to what extent such amendment or supplement; b) the name" places of Aviation Authority" - in relation to the Republic of Kazakhstan - means the Ministry of Transport and communications, and in relation to the Republic of Finland - the Civil Aviation Administration "or, in both cases, any person or body authorized at this time to perform the duties of the specified bodies; C) the name" designated air enterprise " - means an air enterprise designated and authorized in accordance with Article 3 of this Agreement; (d) the name" territory"," air traffic"," International Air Traffic"," airline "and" stop for the purposes of regular air traffic " means the meaning given in Articles 2 and 96 of the Chicago Convention; (f) the name" tariff " means the price of fees charged for such transportation, including (except for mail) passengers, baggage or cargo, any significant additional benefits provided for or in connection with such transportation, as well as when selling tickets for passenger transportation or during correspondent actions in cargo transportation. At the same time, this name implies the conditions that determine the validity of the price for transportation or commission payments. 2.the appendix is an integral part of this Agreement. All links to this agreement must include the links mentioned in the appendix until the order of other links is determined. 3.the names of the articles of this Agreement are given only for the purpose of simplifying references.

Article 2 transfer of Rights of Carriage

1.each Contracting Party grants the other Contracting Party the following rights in respect of its international air relations: a) grants the right to fly through its territory without landing; b) grants the right to settle on its territory for the purpose of systematic air relations. 2.each contracting party shall transfer the rights specified in this agreement to the other contracting party for the purpose of performing international air traffic on the routes established by the route schedule specified in the Annex to this Agreement. Such routes and routes are henceforth referred to as "agreed air routes" and "fixed routes". Air companies designated by each contracting party shall, in addition to the rights specified in Paragraph 1 of this article, exercise the right to make settlements on the territory of the other contracting party specified in the Route table of this Agreement for the purpose of individual or combined loading and/or unloading of passengers and cargo during international transportation, including mail, when using agreed air routes on established routes. 3. Nothing in Paragraph 2 of this article shall provide the right of one contracting party to board designated Air companies for rent or payment, including passengers and cargo, mail transported on the territory of the other contracting party to another point of the territory of that contracting party.

Article 3 issuing a permit for the appointment and operation of Air companies

1.each Contracting Party shall have the right to appoint one or more air companies to use the agreed air routes along the established routes, notifying the other contracting party in writing. 2.each Contracting Party has the right to cancel or change such appointment. 3.the aviation authorities of the second Contracting Party, having received such a written notification, promptly issue the relevant operating permits to the designated Air company in accordance with the rules in paragraph 4 of this article and Paragraph 1 of Article 4. 4. Aviation authorities of one Contracting Party may require an Air company appointed by the other contracting party to provide evidence that it is capable of fulfilling the pre-established conditions of laws and regulations in force and reasonably applicable to these aviation authorities in accordance with the principles of the Chicago Convention in the operation of International Airways. 5.an airline that has been assigned and authorized in this way may start operating the agreed air routes if it complies with the applicable rules of this Agreement, including the rules related to the tariff.

Article 4 refusal, cancellation or temporary termination of the issued permit for use

1. Each Contracting Party has the right to cancel the permission granted by the aviation authority to operate the aircraft assigned by the other Contracting Party, or to temporarily suspend the use of the rights specified in Article 2 of this Agreement, or to demand the fulfillment of various conditions that it will be necessary to exercise these rights in the following cases: A) in the hands of the Contracting Party appointed by the airline or its citizens,; or (B) if the carrier of these rights violates the laws and/or regulations of the Contracting Party; or (C) if the carrier does not fulfill its activities for any reason through the requirements set out in this Agreement. 2. If the immediate cancellation, temporary suspension or requirement to comply with the conditions specified in Paragraph 1 of this article is not a necessary measure to prohibit further violations of laws and/or regulations, then the right referred to in this paragraph will be used only after consultation with the second Contracting Party. Such consultations must begin within 15 days after the date of receipt of the request for consultation.

Article 5 application of laws and regulations

1.the laws and regulations of one contracting party regarding the departure and Arrival or operation of an aircraft carrying out international air traffic from its territory and the movement of such aircraft within this territory shall also apply to the designated airline of the contracting party. 2. The laws and regulations governing the formalities of one contracting party relating to the Export, Import, arrival, entry, Relocation, Relocation, customs actions, medical care and quarantine of passengers, crew, baggage, cargo, mail transported by the aircraft of the designated Air company of the other contracting party shall apply during their stay within this territory. 3. The same laws and regulations referred to in this article shall apply to any aircraft of the designated airline company of the two Contracting Parties operating international air traffic.

Article 6 exemption from payment of taxes, customs duties and other fees

1. Aircraft of an airline company designated by one Contracting Party carrying out international air relations, as well as its plate equipment, spare parts, fuel reserves, fuel and lubricants and onboard reserves on board this aircraft (including food, beverages and tobacco products), if these equipment, spare parts, fuel and lubricants and onboard reserves remain on board the aircraft and are returned, if it is used on board this aircraft during a flight over this territory, or if it is spent, then it will be exempt from paying all taxes, customs duties, inspection and other such fees. 2. In addition to fees based on the cost of services rendered, the following shall also be exempted from paying taxes, duties, contributions and fees specified in Paragraph 1 of this article: A) the onboard funds of one Contracting Party, taken on board in the territory of the other Contracting Party, appropriately used by the aircraft of a designated airline company flying abroad carrying out international air; (B) spare parts, including the engine, imported into the territory of one contracting party for the repair or maintenance of the aircraft of the second contracting party carrying out international air relations; (c) fuel, fuel and lubricants and consumable technical reserves supplied or loaded in the territory of one contracting party for use by the designated airline of the second contracting party in international air relations, even if these reserves are accepted on board in the territory of the second contracting party and used on the section of the route passing through its territory. 3. The materials specified in Paragraph 2 of this article may be stored under the supervision or control of customs authorities as required. 4.board equipment, as well as materials, fuel and lubricants reserves and spare parts on board the aircraft operated by the designated Air company of one contracting party in a normalized quantity, shall be unloaded into the territory of the other contracting party only with the permission of the customs authorities of that contracting party. In this case, they may be placed under the supervision of these authorities until they are returned or applied in accordance with customs regulations. 5.documents of one contracting party, such as flight schedules, air tickets and transport packages provided for use by the designated airline and brought to the territory of the other Contracting Party, are exempt from taxes, customs duties, inspection and other similar fees on the territory of the other country.

Article 7 direct transit transportation

1.only simplified forms of control are applied to passengers, baggage and Mail that pass directly through the territory of any contracting party and do not leave the territory of the airport intended for these purposes, except for providing security measures against acts of violence, Air robbers and smuggling of narcotic drugs. 2. Baggage, cargo and Mail in direct transit through the territory of the contracting party are exempt from customs duties, payment of advertising and other such fees that are not based on the right to perform services related to arrival and departure.

Article 8 regulation of the volume of Transportation

1.the designated Air companies of the Contracting Parties will be provided with favorable and equal conditions for the operation of the agreed air routes on any routes specified in the Annex to this Agreement. 2.in the operation of the Agreed air routes, the designated Air company of each of the Contracting Parties shall not harm the latter Air company when carrying out transportation along this route or part of it, taking into account the interests of the designated Air company of the other Contracting Party. 3. Agreed air routes, in which the designated Air companies of the contracting parties operate, must provide as their priority the volume of such transport, which is reasonably loaded, balancing passengers, cargo and mail arriving or going from the territory of the Contracting Parties that have designated the air company, with the need for current transportation and the projected transportation based on them. 4. The right to load or unload passengers, cargo and mail arriving or intended for international transportation from points of third countries or points of routes specified in the Annex to this Agreement shall be exercised in accordance with the general principles of international air traffic regulation and the volume of Transportation shall depend on: a) the need for transportation between the sending country and the countries of;  C) the need for transportation through the areas through which the agreed air routes pass, taking into account local and regional air routes.

Article 9 approval of the traffic schedule

1.the designated Air company of one contracting party submits its schedule of movement (in summer and winter periods) for approval by the aviation authorities of the other contracting party at least thirty (30) days before the start of airway operation. This schedule will include a schedule of routes, frequency of flights and the type of aircraft used. The relevant air companies of the aviation authorities shall notify each other of their decisions on the proposed traffic schedules within twenty (20) days following the date of submission of their traffic schedules for approval.  2. Each change in the schedule of movement is also submitted for approval, such as a request for permission to carry out additional flights submitted by one Contracting Party to the designated Air company and the other Contracting Party to the aviation authorities. Requests for such changes or additional flights should be considered by the aviation authorities in a timely manner.

Article 10 statistical information

The aviation authorities of one contracting party, at the request of the aviation authorities of the other contracting party, shall provide them with the following information and statistical reports regarding transportation carried out by the designated Air company of the first contracting party to the territory or territory of the second Contracting Party by agreed air routes, which can be prepared as usual and submitted to their national aviation authorities.

Article 11 tariffs

1.tariffs on any agreed air routes will be set in reasonable amounts, taking into account all relevant payable factors, including operating costs, reasonable income, airline characteristics (such as speed and comfort), consumer interests and tariffs of other air companies on any section of the established route. Such tariffs will be established in accordance with the provisions of this article below. 2. The rates referred to in Paragraph 1 of this article may be agreed between interested destination airline companies in respect of each designated route. However, consultations between air companies are not a prerequisite for issuing documents and setting tariffs. 3.each tariff shall be submitted for approval by the aviation authorities of the two Contracting Parties within thirty (30) days prior to the expected date of their introduction (or within the shortest period of approval by the aviation authorities of the two Contracting Parties). 4. Each proposed tariff may be approved at any time by the aviation authorities of any Contracting Parties. If, within twenty (20) days following the date of submission of the document, the aviation authorities of this contracting party have not made a written statement about the opposition of the second contracting party to the proposed tariff for aviation authorities, the absence of such a decision will be assessed in the calculation of the consent of the aviation authorities of the Contracting Parties. However, if the aviation authorities submit such a written statement of refusal by any of the seats, then the aviation authorities may, at the request of any of the parties, try to determine the size of the tariff by mutual agreement. 5.if the aviation authorities may not determine the size of the tariff by mutual agreement in accordance with paragraph 4 of this article, then at the request of any of the parties, the dispute may be settled in accordance with Article 18 of this Agreement. 6. Each tariff established in accordance with the provisions of this article will remain in force until it is replaced by a new tariff determined in accordance with the provisions of this article. If there is another contracting party between the aviation authorities of the two Contracting Parties, then its effective term shall not extend for more than twelve (12) months from the date of expiration of the effective term of the tariff in accordance with this paragraph.

Article 12 competition on equal terms

1.to participate in international air transportation under this Agreement, the designated Air companies of both Contracting Parties must have a favorable and equal opportunity. 2.each Contracting Party shall, if necessary, take all appropriate measures within the framework of its laws in order to eliminate all discriminatory or unequal competitive practices that harm the competitiveness of the designated airline of the other Contracting Party.

Article 13 commercial activity

1.the designated Air company of each contracting party has the right, within the framework of its laws and regulations, to maintain administrative, commercial and technical personnel and buildings on the territory of the other Contracting Party that may be necessary for the designated Air company concerned. 2.designated Air companies of the Contracting Parties shall not restrict the sale of their own transport documents in any currency, either directly or through agents, in the provision of air transport services on the territory of both Contracting Parties.

Article 14 charging fees for air transportation

Contributions and fees for the use of airports and other air navigation facilities by authorized authorities for aircraft of any air company of the other contracting party on the territory of any contracting party shall not be higher than the fees for aircraft of National Air companies carrying out international transportation. Such ads and fees should be reasonable and based on the right economic principles.

Article 15 transfer of funds

1.in the territory where the sale took place, the designated Air companies of the Contracting Parties have the right to transfer the difference in profit and loss received. The profit from the sale of air transportation documents, including auxiliary or additional services related to such sales, directly or through agents, is transferred in the form of such net income, as is the interest on the deposit of these income for the year with the expectation of transfer. 2. Such transfers are made in a freely convertible currency at the official exchange rate of the currency and are not subject to any restrictions, extensions or changes. 3.if special agreements on the payment system have been approved between the Contracting Parties, this special agreement must be applied.

Article 16 aviation security

1.the Contracting Parties confirm that the obligations they have received from each other in respect of the protection of civil aviation from illegal acts of force in accordance with their rights and obligations arising from international regulations are an integral part of this Agreement. The contracting parties, not limited to the general application of their rights and obligations set out in international regulations, will also act in accordance with the Convention on crimes and certain other acts committed on board aircraft, signed in Tokyo on September 14, 1963, the Convention on repelling illegal seizure of aircraft, signed in The Hague on December 16, 1970, and the convention on combating illegal acts against civil aviation security, signed in Montreal on September 23, 1971. 2. The contracting parties, upon request, will provide each other with all necessary assistance to prevent illegal seizure of aircraft and illegal acts directed against the safety of aircraft, their passengers and crews, airports and aeronautical facilities, as well as any other civil aviation security. 3. The Contracting Parties shall act in accordance with the aviation safety regulations and specifications established by the International Civil Aviation Organization and The Annex to the Chicago Convention on International Civil Aviation to the extent to which such safety regulations apply to the Contracting Parties. The contracting parties will require personnel serving aircraft with a permanent place of service on their territory and personnel serving at international airports on their territory to act in accordance with such aviation safety regulations. 4. Each Contracting Party agrees that the full implementation of the provisions and requirements on aviation safety referred to in paragraph 3 of this article, necessary for flying, staying and departing within the territory of the second contracting party, may be required by the second contracting party from the personnel serving the same aircraft. Each Contracting Party will ensure the rational application of the necessary measures for the protection of aircraft within its territory and for checking passengers, crew, hand luggage, baggage, cargo and onboard stock before loading, otherwise at the same boarding and loading times. At the same time, each Contracting Party will consider with great pleasure any request of the other Contracting Party to take special measures in connection with a specific threat. 5.in the event of an illegal seizure of an aircraft or illegal acts directed against passengers and crew on board the aircraft, airports or air navigation equipment, the Contracting Parties shall assist each other by facilitating communication and taking other appropriate measures to quickly and safely eliminate such conflicts or threats of conflict.

Article 17 consultations

The aviation authorities of the contracting parties will periodically consult with each other in the spirit of close cooperation to implement and agree on the provisions of this Agreement.

Article 18 settlement of disputes

1.Any dispute arising between the Contracting Parties in connection with the interpretation or application of this Agreement shall be resolved by the Contracting Parties first through negotiation. 2.if the contracting parties cannot resolve the dispute through negotiations, they have the right to submit the dispute for consideration by any individual or legal entity. If the parties do not agree with this, then the dispute is handed over to the court of three judges at the request of any of the agreeing parties, who are appointed by each agreeing Party one by one, and the third arbitrator is appointed by the first two arbitrators authorized in this way. Each conciliatory party appoints an arbitrator within sixty (60) days following the date of receipt by each conciliatory Party of the application for the transfer of the dispute to the arbitration court through diplomatic channels; a third arbitrator is appointed within the remaining sixty (60) days. If any of the contracting parties cannot appoint an arbitrator during this period, then at the request of any of the Contracting Parties, the president of the Council of international civil aviation organizations appoints an arbitrator or, if necessary, an arbitrator. In all cases, the third arbitrator must be a citizen of the third state and carry out the representation of the chairman of the arbitration court. 3.the Contracting Parties shall implement any decision taken in accordance with paragraph 2 of this article. 4.the Contracting Parties shall bear the costs of Arbitration equally.

Article 19 amendments

1.if any of the Contracting Parties considers it necessary to change any provision of this agreement, it has the right to consult with the other Contracting Party. Such consultations must begin within sixty (60) days of the date of receipt of the request, unless the two Contracting Parties have agreed that this period will be extended. Any changes agreed in the course of such consultation will be approved in accordance with the legal procedures of each Contracting Party and will enter into force on the first day of the second month after the completion of these procedures by the Contracting Parties to each other 1.if any of the Contracting Parties considers it necessary to change any provision of this agreement, it has the right to consult with the other Contracting Party. Such consultations must begin within sixty (60) days of the date of receipt of the request, unless the two Contracting Parties have agreed that this period will be extended. Any changes agreed in the course of such consultation will be approved in accordance with the legal procedures of each Contracting Party and will enter into force on the first day of the second month after the completion of these procedures by the Contracting Parties to each other. 2.amendments related only to the Annex, regardless of the provisions of Paragraph 1 of this article, may be agreed between the aviation authorities of the Contracting Parties and entered into force by their agreement.

Article 20 termination of the agreement

1.any Contracting Party has the right at any time to declare its decision on termination of the implementation of this agreement to the other Contracting Party. At the same time, such a statement is submitted to the International Civil Aviation Organization. 2.in this case, this Agreement shall cease to be valid after twelve (12) months following the date of receipt of the statement by the second Contracting Part  1.any Contracting Party has the right at any time to declare its decision on termination of the implementation of this agreement to the other Contracting Party. At the same time, such a statement is submitted to the International Civil Aviation Organization. 2.in this case, this Agreement shall cease to be valid after twelve (12) months following the date of receipt of the statement by the second Contracting Party. If it is not confirmed by the second Contracting Party that it has received a statement, then the statement will be considered received on the Fourteenth (14) day following the date of receipt of the same statement by the International Civil Aviation Organization.

Article 21 multilateral conventions

If a generically adopted multilateral air convention comes into force in relation to the two Contracting Parties, the provisions of this convention shall prevail. In accordance with Article 17 of this Agreement, consultations may be conducted to determine the extent of the impact of this Multilateral Convention on this Agreement.

Article 22 registration with the International Civil Aviation Organization

This Agreement and any amendments to it shall be registered with the Council of the International Civil Aviation Organization.

Entry into force of Article 23

This Agreement shall enter into force on the first day of the second month after the contracting parties have notified each other through diplomatic channels that the procedures necessary for the entry into force of this Agreement have been completed.  The following signatories, authorized by their respective governments to do so in the appropriate manner, confirmed the stated and signed this document.  On February 7, 1996, in Almaty, two copies were made, each in Kazakh and English, and all texts were made equally strong. In the event of a dispute, the English Tex will take over.

For the Government of the Republic of Kazakhstan for the Government of the Republic of Finland

Annex to the agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Finland on air traffic

1. routes of Kazakhstan that can be used by a destination airline in two directions: Inter-departure points in Finland points in Finland points in Kazakhstan points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland points in Finland

If all services are started and completed in Kazakhstan, any point or points on these routes may be excluded at the discretion of the designated airline during any or all flights.  2. routes of Finland that can be used by a destination airline in two directions: Inter-departure points in Finland, points in Finland, points in Finland, points in Kazakhstan, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland, points in Finland

If all services are started and completed in Finland, any point or points of these routes may be canceled at the discretion of the designated airline during any or all flights.  3.the rights of freedom of the fifth degree granted to the performance of flights may be exercised if an agreement has been established between the aviation authorities of the Contracting Parties on the effectiveness of these rights.