On approval of the protocol on amending the convention on International Civil Aviation (Article 3-BIS)

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Law of the Republic of Kazakhstan dated May 4, 2001 No. 187-II

To approve the protocol (Article 3-BIS) concerning the amendment of the convention on International Civil Aviation, concluded in Montreal on May 10, 1984.

President Of The Republic Of Kazakhstan

Protocol on amending the convention on International Civil Aviation

(Entered into force on September 10, 2002-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

(Signed in Montreal on May 10, 1984)

The assembly of the International Civil Aviation Organization, meeting in Montreal on May 10, 1984 for its 25th (emergency) session, noting that International Civil Aviation can contribute to a greater extent to establishing and supporting friendship and mutual understanding between nations and peoples of the world, while its abuse can pose a threat to public security,  taking into account the need for the safe and orderly development of International Civil Aviation, taking into account the need to ensure the safety and life of people on board civil aircraft in accordance with simple human considerations,  The convention on International Civil Aviation, concluded in Chicago on the seventh day of December 1944, states that the contracting states: - recognize that each state has full and exclusive sovereignty over the airspace over its territory, - undertake to pay due attention to the safety of civil aircraft navigation when establishing rules for its state aircraft, and  - noting that the contracting states have shown determination to take appropriate measures aimed at violating the airspace of other states and preventing the use of Civil Aviation for purposes incompatible with the objectives of the Convention and to further promote the safety of International Civil Aviation, Noting that the contracting states have expressed a common desire to reaffirm the principle of non-use of weapons against civil aircraft in flight, 1. therefore, it decides that it is appropriate to amend the Convention on International Civil Aviation, concluded in Chicago on the seventh day of December 1944, 2. approves the following amendment to the specified Convention in accordance with the provisions of Article 94 A) of the aforementioned convention:

After article 3, insert a new article 3-bis: "Article 3-bis

(a) the contracting states recognize that each state must refrain from using weapons against civil aircraft in flight and that the life of people on board and the safety of the aircraft should not be threatened when intercepting them. This provision is not in any way understood as a modification of the rights and obligations of states spelled out in the Charter of the United Nations. (B) Contracting States shall have the right to require each state to land at any specified airport in the exercise of its sovereignty, if it flies over its territory without permission, or if it has reasonable grounds to assume that it has been used for any other purpose incompatible with the purposes of this convention, or may give any other instructions to such aircraft to For this purpose, contracting states may use the relevant provisions of this convention, in particular, any appropriate means that are compatible with the relevant norms of international law, including Paragraph A of this article. Any contracting state agrees to publish its own rules applicable to the interception of civil aircraft.  c) each civil aircraft carries out the order issued in accordance with Paragraph b) of this article. To this end, each Contracting State shall adopt all necessary provisions in their national laws or regulations to make its execution mandatory for any civil aircraft registered in that state or operated by users of the main place of service or permanent residence in that state. Each Contracting State shall provide strict penalties for any violation of such applicable laws and regulations and refer the case to its competent authorities in accordance with its laws or regulations.  (d) each Contracting State shall take appropriate measures to prohibit the intentional use of any civil aircraft registered in that state or operated by a user of the main place of activity or permanent residence in that state for any purpose incompatible with the purposes of this convention. This provision does not affect Paragraph A) of this article and does not affect paragraphs B) and C).".  3. In accordance with the provisions of Article 94 A) of the said Convention, the proposed amendment mentioned above shall enter into force after its ratification by one hundred and two Contracting States, and 4. the Secretary General of the International Civil Aviation Organization shall decide to draw up a protocol in Russian, English, Spanish and French, the texts of which are equally equal, and to include in it the above Amendment and the provisions written below: a) The Protocol shall be signed by the chairman of the Assembly and its secretary general; (b) The Protocol is open for ratification by any state that has signed or acceded to the convention on the said International Aviation Organization; (C) the certificates of ratification shall be deposited with the International Civil Aviation Organization; (d) The Protocol shall enter into force on the day the one hundred and second certificate of ratification is deposited with respect to the states; (f) the Secretary - General shall notify all states-participants of the said Convention of the date of entry into force of the protocol; (G) The Protocol to any contracting state that has ratified the protocol after the above date shall enter into force after they have deposited their certificates of ratification with the International Civil Aviation Organization. As a result of this, in accordance with the above actions of the Assembly,

This protocol was drawn up by the secretary general of the organization.  Certifying this, the Chairman and the Secretary General of the above-mentioned twenty-fifth (extraordinary) session of the Assembly of the International Civil Aviation Organization, authorized by the Assembly, signed this Protocol, drawn up in Montreal on the tenth day of May one thousand nine hundred and eighty-four in the form of a single document in Russian, English, Spanish and French, each text being equivalent to I.V. This protocol remains in the archives of the International Civil Aviation Organization, and certified copies of it are sent by the Secretary General of the organization to all states - parties to the Convention on International Civil Aviation, concluded in Chicago on the seventh day of December one thousand nine hundred and forty-fourth.

Chairman of the 25th (extraordinary) general secretary session of the assembly

Specialists:

Kasymbekov B. A.

Zhumanazarova A. B.

President

Republic of Kazakhstan

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