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

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Law of the Republic of Kazakhstan dated December 10, 1998 No. 309-I

To approve the agreement on air traffic between the Government of the Republic of Kazakhstan and the Government of the Republic of India, signed in Almaty on September 10, 1993.

President Of The Republic Of Kazakhstan

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

(Entered into force on December 29, 1998 - Bulletin of international treaties of the Republic of Kazakhstan, 1999, No. 6, Article 100)

The Government of the Republic of Kazakhstan and the Government of the Republic of India, hereinafter referred to as the "contracting parties", as participants in the convention on International Civil Aviation, open for signature, adopted in Chicago on December 7, 1944, agreed to the following agreements in order to develop interaction in the field of Civil Aviation and, in addition to the mentioned Convention, to establish air traffic between their respective territories and beyond:

Article 1 definitions

The terms used for the purposes of this Agreement, except for the context: A) the name "places of Aviation Authority" means: in relation to the Government of the Republic of Kazakhstan - the Ministry of Transport, and in relation to the Government of the Republic of India - the Director General of Civil Aviation, or, in both cases, any person who is authorized at this time to perform the duties of these places of power, otherwise means an organization; b) the name" aviation enterprise "means any aviation and transportation enterprise that intends to create, operate or carry out international air traffic; C) the name" air traffic "means any regular air traffic of passenger, cargo and Mail transportation performed by the aircraft; d) the name" volume of transportation " means: i) in relation to the aircraft-the load capacity of the aircraft flying along the entire route or part of it; (II) in relation to established air traffic-means the product of the volume of transportation of the aircraft used and the frequency of flight performed by the same aircraft flying along the full route or part of it for a certain period of time. E) the name" convention "means the Convention on International Civil Aviation adopted in Chicago as open for signature on December 7, 1944, and means any annex to this convention and any amendments to its annex or to itself in accordance with articles 90, 94 of the convention, if these annexes and amendments have been adopted by both Contracting Parties; f) the name" designated air enterprise " means an air enterprise designated and authorized in accordance with Article 3 of this Agreement; g) the name "international air traffic" means air traffic with airspace over more than one state territory; h) the name "making a stop with non - commercial purposes" means landing with any purpose other than loading and unloading passengers, cargo and Mail; I) the name "territory" (in relation to the state) means the surface of the Earth, territorial water surface, which lies under the sovereignty of that state;

Article 2 transfer of the right of Transportation

1.each Contracting Party grants the other party the rights defined by this Agreement for the purpose of establishing systematized international air traffic along the routes specified in the Annex to this Agreement. Such air routes and routes are henceforth referred to as "agreed air routes" and "fixed routes". 2. each Contracting Party grants the other Contracting Party the following rights in respect of its systematized International Airlines: (A) the right to fly over its territory without landing; (B) grants the right to relocate to its territory for non-commercial purposes; (C) in accordance with the rules of this agreement, when using agreed air routes on established routes, the airline (s) designated by each Contracting Party grants the right to load and unload passengers, cargo and Mail on international travel at a point (s) located on the territory of the other contracting party for the route contained in the Annex to this Agreement. 3. None of the rules in this article provides for the right to board aircraft of an airline company (s) of one contracting party to load passengers and cargo transported on the territory of another contracting party to another point in the same territory, including mail.

Article 3 appointment of airline companies

1.each Contracting Party has the right to appoint one or two Air companies for the operation of the agreed air routes along the established routes, with written notification of the other contracting party. 2.the aviation authorities of the second Contracting Party, having received such an announcement, promptly authorize the flight of each designated Air company in accordance with the rules in paragraphs 4 and 6 of this Agreement. 3. Each Contracting Party has the right to request the appointment of another by notifying the other contracting party in writing, as well as refusing to grant permission to the airline assigned in this way. 4.the aviation authorities of each Contracting Party may require an airline appointed by the second contracting party to provide evidence of all those capable of fulfilling the conditions predetermined by the laws and regulations in force and reasonably in accordance with the rules of the Convention on the use of International Airways. 5. In all cases where each Contracting Party does not have evidence that the second contracting party appointed by the airline, otherwise its citizens, can exercise exclusive ownership and effective control over the designated airline, it may refuse to grant the airline a flight permit specified in Paragraph 2 of this article, or require the designated airline to comply with various conditions that it will be required to exercise the rights specified in Article 2 of this Agreement. The phrases "exclusive ownership and effective control" referred to in this paragraph mean the following: in all cases, if the designated airline wishes to use air traffic under this Agreement, Having come to an agreement with the airline of any other country or government, otherwise with the citizens of any other country, then the contracting party that appointed this airline, or its citizens, shall not be considered, if the Contracting Party or its citizens have: I) no ownership of the main amount of property of the designated airline; ii) no control over the management of the designated airline; and iii) no control over the main part of the aircraft fleet and equipment used in the operation of air traffic. 6. An airline that has been appointed and thus authorized may always start operating the agreed air routes if the rules of Articles 11 and 14 of this Agreement are met.

Article 4 cancellation and suspension of permission

1. Each Contracting Party may request the cancellation of the flight permit of the airline (s) assigned by the other Contracting Party or the temporary suspension of the use of the rights specified in Article 2 of this Agreement, otherwise the fulfillment of various conditions that it will be necessary to exercise these rights in all cases: A) in all cases where the exclusive ownership of the airline (s) over the same airline (s) in the hands of the; b) in cases where this airline (s) violates the laws and regulations of the contracting party that gave it the right to fly; C) in cases where the airline (s), for any reason, does not comply with the requirements set out in this Agreement. 2.if the urgent cancellation, temporary suspension or request for the fulfillment of the conditions specified in Paragraph 1 of this article is not a necessary measure to prevent further violations of laws and regulations, then the right referred to in this paragraph shall be exercised after consultation with the second contracting party. In this case, consultations should be held within 60 (sixty) days from the date of receipt of the request from one of the Contracting Parties.

Article 5 regulation of the volume of Transportation

The volume of transportation carried out by conditioned regular air traffic must meet the following requirements: 1. the airline (s) designated by the two Contracting Parties will be provided with fair and equal conditions for the operation of the agreed air routes along the established routes. 2. In the operation of the agreed air routes, the airline (s) designated by one Contracting Party, taking into account the interests of the airline (s) designated by the other contracting party, must not harm the last airline by using the air route or part of it. 3. The agreed air routes in which the designated airline (s) operates must meet the public tastes of Transportation on established routes, and the priority task of each airline (s) is to provide capacity to meet their current and projected demands when transporting passengers, cargo and mail between points in the territories of other countries by the designated Contracting Party (s) of the airline (s). 4. The conditions for the transportation of passengers, cargo and Mail loaded and unloaded at points of third states along the established routes will meet the general principle, and thus the capacity will depend on: a) the needs for transportation between the countries of origin and end of Transportation; b) the transport needs of the region where the agreed air route (s) passes, taking into account the local and regional air routes established by the airline companies of the states located in this region; and C) the needs for transfer transportation. 5. Based on the principles set out in the above paragraphs, the volume and frequency of flights carried out by air companies designated by each Contracting Party will be determined between the aviation authorities of the two Contracting Parties. 6. An increase in the volume and frequency of flights carried out by an aircraft company designated by one Contracting Party will be based on an increase in the demand for transportation between the territories of one contracting party, and this issue will be the subject of a special agreement between the aviation authorities of the Contracting Parties.

Article 6 fee rate

1.each Contracting Party may impose fair and reasonable fees for the operation of airports and other aviation services, or may authorize the imposition of such taxes, but such fees should not exceed the fees charged by air companies performing such international transportation. 2.each Contracting Party shall welcome consultations between the competent authorities receiving such fees and the designated Air companies using the airport services, and, if possible, through organizations representing the interests of that Air company. Airport service users are informed in advance about each change in the fee rates so that they can express their opinion on how the changes will be made. 3. Neither contracting party may give any other contracting party's Air company a more distinctive priority in the application of customs, immigration, quarantine and other similar rules or in the use of airports, air routes, aviation and other official places under its control than the service provided to any other contracting party's Air company performing such international air transportation.

Article 7 exemption from customs duties and other fees

1. aircraft of the airline company (s) designated by each Contracting Party used in international transportation, as well as their plate equipment, stocks of fuel and lubricants loaded on the same aircraft, onboard stocks (including food, beverages and tobacco) are exempt from all customs duties and inspection fees and other similar fees after their import into the territory of the second Contracting Party, but before the period of return export of property, materials and stocks of the aircraft we must stay aboard. 2. at the same time, the following shall be exempt from such taxes, duties and fees, except for payments for the services rendered: A) on-board reserves for consumption on board an aircraft flying along the established route of an aircraft company designated by the other Contracting Party, withdrawn in the territory of one Contracting Party in the amount of a restriction established by the Government of that Contracting Party; (B) spare parts imported into the territory of one contracting party for the proper maintenance and repair of an aircraft used on the designated route by an Air company designated by the other contracting party; (c) fuel and lubricants provided for consumption by an aircraft used on international flights by an Air company designated by the other contracting party on the territory of one contracting party, even if they are used on the part of the route located within the territory of the contracting party loaded with the same reserves and materials. The materials specified in subparagraphs (a), (b) and (C) above may, if necessary, be subject to control or supervision by the customs administrations. 3.plate property on board the aircraft of one contracting party, as well as materials and stocks, will be unloaded into the territory of the other contracting party only with the consent of the customs authorities of that contracting party. In this case, they may be placed under the supervision of the notified authorities until they are returned or otherwise applied in accordance with customs rules. 4. At the same time, the following items and goods are exempt from all taxes and (or) duties, which are used in a very special case, but are brought to the territory of one Contracting Party by the airline of the other Contracting Party, namely: A) items used to equip the residential premises of representative offices and create official conditions, for example: all types of building materials, household equipment, office equipment, etc.b) all types of telecommunications, such as teletype devices and radio communication devices or other equipment used within the airport; C) computer systems necessary for preliminary booking (booking) and practical use, as well as various official documents, such as baggage papers, traffic schedules, board cards with the signs of the airline. In the case of vehicles, only bus-like cars intended for the transport of passengers and baggage between the city office and the airport are exempt from duties.

Article 8 application of National Law

1.the laws and regulations of one contracting party regulating the arrival and departure of an aircraft carrying out international flights from its territory or regulating the use of such aircraft within its territory, otherwise takeoff and landing navigation, shall also apply to the aircraft of an Air company designated by the other contracting party. 2. The laws and regulations of one contracting party governing the arrival, departure and departure of passengers, crews, cargo and Mail on its territory, as well as passport, customs, currency, sanitary and quarantine rules will apply to both crews and cargo and Mail, both to passengers transported by aircraft of an airline assigned by the other contracting party to the territory mentioned above.

Article 9 direct transit traffic

1.passengers, baggage, cargo and Mail flying in direct transit through the territory of one contracting party and not far from the airport allocated for the same purpose are subject to light control only if it is not necessary to take security measures against violence, air piracy and carrying of narcotic drugs. 2.direct transit baggage and cargo will be exempt from customs duties and other similar taxes.

Article 10 Aviation Safety

1.the Contracting Parties confirm that their obligations to each other to protect civil aviation security from acts of illegal interference in it, in accordance with their rights and obligations arising from international law, are an integral part of this Agreement. In addition to limiting the general application of their rights and obligations obtained under international law, the contracting parties also signed the Convention on the fight against illegal hijacking of aircraft, signed in The Hague on December 16, 1970, the Convention on crimes and other acts committed on board aircraft, signed in Tokyo on September 14, 1963, and the Convention on the fight against illegal acts directed against the safety of Civil Aviation, signed in Montreal on September 23, 1971, it also acts in accordance with the principles of any other aviation safety conventions. 2.in case of application, the Contracting Parties shall provide each other with all necessary assistance to prevent illegal seizure of aircraft and any third-party actions directed against the safety of those aircraft, their passengers and crews, airports and air navigation equipment, as well as threatening the safety of Civil Aviation. 3. In their bilateral relations, the Contracting Parties Act in accordance with the aviation safety regulations established by the International Civil Aviation Organization and the provisions contained in these annexes to the International Civil Aviation Convention to the extent that these rules are applicable. They will require aircraft service providers and aircraft users residing in their territory (territory) or having their main service, as well as employees at international airports in their territory, to act in accordance with the rules and regulations on aviation safety. 4. Each contracting party also agrees that the second contracting party may directly demand that the aviation safety regulations and requirements referred to in paragraph 3, provided for entry into, departure from or stay within the territory of the second contracting party, be carefully observed by aircraft servicers. Each Contracting Party will ensure that the necessary measures are taken within its territory to protect aircraft and inspect passengers, crew, hand luggage, baggage, cargo and onboard stock before boarding or loading on the aircraft, otherwise during these processes. At the same time, each Contracting Party will willingly accept any request of the other Contracting Party to apply special security measures in the event of a real threat. 5. In the event of an attempt to seize an aircraft illegally, or in the event of a dangerous conflict, otherwise illegal acts directed against the safety of the aircraft, its passengers and crew, airports and air navigation equipment, the Contracting Parties will provide assistance to each other by taking the necessary measures to facilitate interaction with the aim of promptly and without consequences eliminating such conflicts or their threats. 6. If each Contracting Party is not the most necessary measure to protect the life of an aircraft subjected to acts of illegal seizure or other illegal interference on its territory, it will take all necessary measures to ensure that the aircraft is left on the ground. 7.if one of the contracting parties fails to comply with the aviation safety rules specified in this article, the aviation authorities of the other Contracting Party may require the aviation authorities of the corrupt party to urgently hold a meeting.

Article 11 tariffs

1.for the purposes of the following paragraphs, the name "tariff" means the rates paid for the carriage of passengers and cargo and the conditions of application of these rates, except for the rates and conditions for the provision of agency and other additional services, but it does not include remuneration and conditions for the carriage of mail. 2. Tariffs for transportation to or from the territory of the other contracting party, assigned by one Contracting Party, will be assigned within reasonable limits, including operating costs, reasonable profit and such characteristics and relevant factors as air speed, convenience, etc. 3. The tariffs specified in Paragraph 2 of this article will be agreed with the airline companies designated by the two Contracting Parties, and such an agreement can be reached, if possible, using a mechanism approved by the International Air Transport Association (IATA). 4.tariffs coordinated in this way are submitted for approval by the aviation authorities of the two Contracting Parties not earlier than 30 (thirty) days before the estimated period of entry into force of these tariffs. In some individual cases, this period may be reduced with the consent of the notified authorities. 5. Such approval may be granted in a special form if none of the aviation authorities have expressed their disagreement in accordance with paragraph 4 of this article within 30 (thirty) days following the date of receipt of the tariff proposal, then these tariffs are considered approved. If the deadline for submitting a tariff proposal is reduced, as specified in paragraph 4, then the aviation authorities agree that the deadline for reporting their disagreement is reduced by less than 30 (thirty) days. 6. If the designated Air companies cannot reach an agreement on the approval of one tariff, or for some other reason these tariffs are not established in accordance with paragraph 3 of this article, or within the period specified in paragraph 5 of this article, the aviation authorities of one Contracting Party inform the aviation authorities of the other contracting party that they cannot agree with one of the tariffs agreed in accordance with paragraph 3 of this article, then the aviation authorities of both Contracting Parties shall try to establish such tariffs through a bilateral agreement. 7. If the aviation authorities cannot reach an agreement on the approval of a single tariff submitted to their consideration in accordance with paragraph 4 of this article, or a single tariff has not been established in accordance with paragraph 6 of this article, then the dispute will be resolved in accordance with the rules of Article 17 of this Agreement. 8.tariffs established in accordance with the rules of this article shall remain in force until the new tariffs established in accordance with the rules of this article, and the period of validity of the tariff shall not last more than 12 (twelve) months after the expiration of the tariff on the basis of this paragraph.

Article 12 transfer of income

1.each contracting party has the right to transfer the difference between income earned and expenses to its main office. However, such money transfers will be made in any freely convertible currency on the basis of and in accordance with the foreign currency exchange rules of the contracting party on the territory of which the income was received. 2.such money transfers are made on the basis of the official exchange rate of currency payments, or if there is no official exchange rate, then the market exchange rate of currency payments dominates. 3. In the event of a special agreement between the two Contracting Parties establishing a way to regulate the daily payment, the terms of such agreement shall apply in the transfer of funds in accordance with paragraph 1 of this article.

Article 13 representation

1.an Air company appointed by one Contracting Party shall, on a bilateral basis, grant permission to maintain its representatives and necessary commercial operational and technical personnel related to the operation of the agreed air routes on the territory of the other contracting party. If necessary, such personnel are made up of citizens of any contracting party. 2. At the request of the designated Air company, the need for such personnel may consist of its own specialists or persons of other organizations, companies or air companies operating on the territory of the second Contracting Party, who are also authorized to perform such functions on the territory of the same contracting party. 3. Representatives and personnel shall be subject to the effective laws and regulations of the second contracting party and, in accordance with the same laws and regulations, such Contracting Party shall, on a bilateral basis and promptly, issue the necessary permits, service visas or other similar documents for the representatives and personnel referred to in Paragraph 1 of this article. 4. Based on the two-way principle, each Contracting Party authorizes the sale of air transportation works on the territory of the other contracting party to be carried out directly by the designated airline or, at its discretion, through its agents. Each destination airline has the right to sell such goods, and anyone can freely purchase them for local or freely convertible currency.

Article 14 provision of operational information

1.the aviation authorities of each Contracting Party shall ensure that at least 60 (sixty) days before the start-up date of the agreed air routes, the designated Air company (s) shall submit information related to the type and frequency of air travel, the type of aircraft used and the flight schedule for consideration and approval by the aviation authorities of the other Contracting Party. Such information will be provided at least 30 (thirty) days in advance in case of any changes to the operation of the agreed air routes. 2. Any other information necessary to confirm that the terms of this Agreement are met at the proper level will also be submitted by designated Air companies if the other party's aviation authorities request it.

Article 15 statistical information

The aviation authorities of one Contracting Party shall ensure that statistical information is provided by their designated airline (s) to the aviation authorities of the other contracting party on the agreed air routes within each month and in connection with the transportation from the territory of the other Contracting Party, indicating the points of loading and unloading of the same transportation. Such data will be submitted in a timely manner after each month.

Article 16 tips and changes

1.meetings shall be periodically held between the aviation authorities of the Contracting Parties in order to cooperate closely on all issues related to the implementation, proper implementation and interpretation of this Agreement and its annexes. 2.consultations between such aviation authorities should begin on 60 (sixty) days after the request is received, if the two Contracting Parties do not want to extend this period. Each change agreed in this way will take effect only after the exchange of diplomatic notes and their approval. 3. The amendments included in the annex will be made in agreement with the aviation authorities of the Contracting Parties and will be approved by mutual correspondence.

Article 17 settlement of disputes

1.each dispute arising between the Contracting Parties in connection with the interpretation or application of this Agreement shall first be resolved through direct negotiations between them. 2.if the contracting parties cannot reach an agreement during the negotiations, they may entrust the consideration of the dispute to another person or organization; if they do not agree to such a decision, then at the request of one of the Contracting Parties, the dispute will be submitted to the arbitration court for consideration, for which each contracting party appoints its own arbitrators. The appointed arbitrators determine the third arbitrator, to whom the arbitration court has the responsibility of presiding. The contracting parties appoint their arbitrators within 60 (sixty) days after receiving the message of the proposal through diplomatic channels to resolve the dispute issue through the arbitration court. The chairman of the arbitration court is appointed within the next 60 (sixty) days. If one of the Contracting Parties has not appointed its arbitrator or a third member of the arbitration court has not been appointed within the established time frame, the Contracting Parties may request the preparation of the arbitrator and (or) the chairman of the arbitration court from the chairman of the Council of the International Civil Aviation Organization. In all cases, the third arbitrator must be a citizen of a third country. 3.The Arbitration Court shall establish the procedure for its work and the share of each party in the Inter-Service and final costs of the arbitration court. 4. The Contracting Parties undertake to implement the decisions taken in accordance with paragraphs 2 and 3 of this article.

Article 18 application of multilateral aviation conventions

1.the rules of air travel conventions established in accordance with this Agreement shall remain in their former Force, as long as this agreement is effective for the contracting parties, as well as for a period of appropriate approval by both Contracting Parties of any annex to the terms of service included in the conventions. In this case, the supplemented Convention shall remain in force for the period in which this agreement is effective. 2. If the generally accepted multilateral Aviation Convention applies equally to both Contracting Parties, the principles of such conventions will prevail.

Article 19 appendix

The Annex attached to this agreement is considered part of this Agreement, and all references to this agreement will also include references in the Annex, unless otherwise specifically mentioned.

Article 20 registration

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

Article 21 termination of the agreement

Any of the contracting parties will have the opportunity at any time through diplomatic channels to declare its intention to terminate this agreement to the other Contracting Party; such a statement will be promptly sent to the Council of the International Civil Aviation Organization. In this case, if this letter-statement is not withdrawn in an agreed manner within the following period, the agreement shall be terminated within 12 (twelve) months following the date of receipt of this letter-statement by the second contracting party. If there is no document confirming the receipt of this letter by the second contracting party, it will be considered received by the second contracting party within 14 (fourteen) days after the receipt of this letter to the International Civil Aviation Organization.

Entry into force of Article 22

After the implementation of the necessary constitutional procedures, this agreement comes into force from the date of signing.  The following signatories, legally empowered by their respective governments, have signed this agreement, confirming the conditions set out above.

The agreement was signed in Almaty on September 10, 1993 in two original copies, each in Kazakh, Hindi and English, and all texts will be equal in strength. In the case of disputes, the power of the text in English prevails.

For the Government of the Republic of Kazakhstan for the Government of the Republic of India

Additional

Part 1

Air companies designated by Kazakhstan have the right to operate the agreed air routes on the following routes:

Intermediate departure points points points points

Pakistan in Kazakhstan New Delhi Pakistan Points China Calcutta China Iran Iran Afghanistan Afghanistan

Part 2

Air companies designated by India have the right to operate agreed air routes on the following routes:

Intermediate departure points points points points

Kyrgyzstan in India Almaty Kyrgyzstan points Tajikistan Tajikistan Turkmenistan Turkmenistan Azerbaijan Azerbaijan Uzbekistan Uzbekistan

Note 1.Air companies designated by the Contracting Parties may use non-circular (round-robin) relations between departure points and intermediate points on the territory of the second contracting party and external points specified in the corresponding route table, during each flight of which there is no fifth degree of freedom to perform flight work.  2.any intermediate point and points located outside will be serviced by air companies designated by each Contracting Party, which are not granted the fifth degree of freedom to perform flight work.

President

Republic of Kazakhstan

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