On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Cabinet of Ministers of the Kyrgyz Republic on cooperation in the field of Aviation Search and Rescue

Home / RLA / On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Cabinet of Ministers of the Kyrgyz Republic on cooperation in the field of Aviation Search and Rescue

The Law of the Republic of Kazakhstan dated April 23, 2024 No. 76-VIII SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Cabinet of Ministers of the Kyrgyz Republic on cooperation in the field of aviation search and Rescue, concluded in Bishkek on May 26, 2022.

President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT between the Government of the Republic of Kazakhstan and the Cabinet of Ministers of the Kyrgyz Republic on cooperation in the field of aviation search and rescue

The Government of the Republic of Kazakhstan and the Cabinet of Ministers of the Kyrgyz Republic, hereinafter referred to as the Parties,

Whereas the Republic of Kazakhstan and the Kyrgyz Republic are parties to the Convention on International Civil Aviation of December 7, 1944 (hereinafter referred to as the Convention),

Considering the standards and recommended practices of the International Civil Aviation Organization concerning cooperation between the aviation search and rescue services of neighboring States,

Aware of the vital importance that prompt assistance can have for people in distress,

have agreed on the following:

Article 1

For the purposes of this Agreement, the terms and definitions contained in Chapter 1 of Annex 12 "Search and Rescue" to the Convention, as well as the term "flight information area", having the meaning specified in Chapter 1 of Annex 11 "Air traffic services" to the Convention, shall apply.

Article 2

The organization and execution of aviation search and rescue operations are carried out by the Parties in accordance with this Agreement. Annex 12 "Search and Rescue" to the Convention is used as the basis for the organization and execution of aviation operations.

Article 3

1. The Parties shall consider the border between the adjacent territories of their States and the adjacent flight information areas as the border between their search and rescue areas.

2. Each Party shall ensure the presence of aviation search and rescue services in its search and rescue area. Such services carry out round-the-clock duty and are in contact with each other.

3. The competent authorities responsible for the implementation of this Agreement are:

from the Kazakh Side - the Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan and government agencies authorized to perform the functions of search and rescue services in accordance with the legislation of the Republic of Kazakhstan;

on behalf of the Kyrgyz Side - the Ministry of Transport and Communications of the Kyrgyz Republic and government agencies authorized to perform the functions of search and rescue services in accordance with the legislation of the Kyrgyz Republic.

The Parties shall inform each other through diplomatic channels about changes in the competent authorities responsible for the implementation of this Agreement.

Article 4

Search and rescue measures on the territory of the States of the Parties, as well as in the adjacent areas of flight information, are carried out in accordance with the legislation of the State of the relevant Party.

Article 5

1. If the search and rescue service of a State of one Party receives a report of an aviation accident or incident in its search and rescue area, this service immediately takes all necessary search and rescue measures.

2. If the search and rescue service of the State of one Party needs the assistance of the search and rescue service of the State of the other Party in the situation referred to in paragraph 1 of this Article, it may request such assistance. In this case, the Party requesting assistance shall take all measures to allow search and rescue forces and facilities of the other Party's State to enter the territory of its State as soon as possible. Further measures are being taken in cooperation with the search and rescue services of the States of both Sides.

When crossing the state border by persons, vehicles, moving goods and other property across the state border, the pass is carried out in accordance with the legislation of the States and international treaties to which the States of the Parties are parties.

3. Assistance to any person who is in danger is provided regardless of the nationality or status of such person or the circumstances under which that person was discovered.

4. Each Party undertakes to inform the other Party of all incidents involving aircraft registered in the State of the other Party that have occurred in its search and rescue area and the measures taken.

5. Each Party shall inform the diplomatic mission or consular institution of the State of the other Party about the rescue of survivors or the finding of dead persons - citizens of the State of the other Party. The information is transmitted immediately, indicating (if possible) the last name, first name, date of birth, home address, details of the identity document, as well as information about the health status and location of the rescued persons or bodies of the dead.

Article 6

1. The Parties shall strengthen cooperation between the search and rescue services of their States. Such cooperation includes, in particular, joint search and rescue exercises, regular checks of interstate communication channels, mutual visits by search and rescue experts, exchange of search and rescue information and experience.

2. The competent authorities of the States of the Parties shall coordinate among themselves the procedure for the implementation of this Agreement.

3. To consider and resolve issues of cooperation under this Agreement, the competent authorities of the States of the Parties, as necessary (but at least once a year), hold meetings alternately in the Republic of Kazakhstan and the Kyrgyz Republic.

Article 7

1. International distress signals, urgency, warnings, and signals used in search and rescue operations are in place to provide timely assistance to aircraft in distress or in distress.

2. The list of technical equipment to be installed on aircraft intended for conducting search and rescue operations is determined by the rules adopted by the State of each Party.

Article 8

Each Party shall independently bear the costs incurred in carrying out search and rescue operations in its area of responsibility under this Agreement, within the limits of the means provided for by the laws of the States of the Parties, unless a different procedure is agreed in each specific case.

Article 9

This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which their States are parties.

Article 10

Any dispute between the Parties arising in connection with the interpretation or application of this Agreement shall be resolved through direct negotiations between the competent authorities of the States of the Parties. If the competent authorities do not reach an agreement, the dispute is resolved through diplomatic channels.

Article 11

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are its integral parts and are formalized in separate protocols.

Article 12

This Agreement and any amendments thereto are subject to registration with the International Civil Aviation Organization.

Article 13

This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.

This Agreement may be terminated by either Party by notifying the other Party through diplomatic channels of its intention to terminate it. In this case, this Agreement shall terminate upon the expiration of 12 months from the date of receipt of such notification.

Done in Bishkek on May 26, 2022, in two original copies, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic.

In case of discrepancies between the texts, the Russian text shall prevail.

For the Government

Republic of Kazakhstan

For the Cabinet of Ministers

Of the Kyrgyz Republic

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases