On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Spain on ensuring the Transit of Military Equipment and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the Kingdom of Spain in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan

Law of the Republic of Kazakhstan dated April 20, 2012 No. 11-V

     To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Spain on ensuring the transit of military equipment and personnel through the territory of the Republic of Kazakhstan in connection with the participation of the Kingdom of Spain in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan, signed in Astana on July 2, 2009.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  AGREEMENT between the Government of the Republic of Kazakhstan and the Government of The Kingdom of Spain on ensuring the transit of military equipment and personnel through the territory of the Republic of Kazakhstan in connection with the participation of the Kingdom of Spain in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan

(Entered into force on May 31, 2012 - Bulletin of International Treaties 2012, No. 4, Article 63)

     The Government of the Republic of Kazakhstan and the Government of the Kingdom of Spain, hereinafter referred to as the Parties, taking into account the provisions of the resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005), 1659 (2006), 1707 (2006), 1776 (2007) and 1833 (2008) The United Nations Security Council, in order to facilitate international efforts to stabilize and rebuild the Islamic Republic of Afghanistan, have agreed as follows:

  Article 1

     1. This Agreement defines the procedure for the transit of military equipment and personnel through the territory of the Republic of Kazakhstan by aircraft of the Kingdom of Spain involved in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan.       2. Aircraft of the Kingdom of Spain may not make technical landings on the territory of the Republic of Kazakhstan for refueling, crew rest or for other purposes, except in cases of emergency landing.

  Article 2

     The following terms and definitions are used in this Agreement:       1) "transit" - a non-stop flight through the territory of the Republic of Kazakhstan by aircraft of the Kingdom of Spain transporting military equipment and personnel along routes provided by the Kazakh side in accordance with the legislation of the Republic of Kazakhstan; 2) "aircraft" - aircraft of the Kingdom of Spain, including those subject to Chapter 2 of Volume I of Annex 16 to Convention on International Civil Aviation of December 7, 1944;       3) "military property" - weapon complexes and means of ensuring their combat use, defined within the framework of the peacekeeping operations of the international Security Assistance Force (ISAF), including delivery systems, guidance, launch, control systems designed to equip the armed forces, ammunition and their components, spare parts, devices and accessories for devices, life support systems personnel of the armed forces, collective and individual means of protection against weapons of mass destruction, means of prevention and treatment of the consequences of the use of weapons of mass destruction, special logistical equipment, military uniforms and related insignia and attributes under the responsibility of the Kingdom of Spain, subject to the restrictions established by Treaty on Conventional Armed Forces in Europe of November 19, 1990; 4) "personnel" - military personnel and civil servants of the Kingdom of Spain.

  Article 3

     1. Aircraft transit through the territory of the Republic of Kazakhstan is carried out on the basis of a special permit issued in accordance with the legislation of the Republic of Kazakhstan.       2. The Kazakh Side, for the purposes specified in Article 1 of this Agreement, determines a single annual number of a special permit for transit flights with annual updates.       3. In order to obtain a special permit, the Spanish Side sends a corresponding request to the Kazakh Side through diplomatic channels within seven working days.       4. The Special permit is automatically revoked in the event of termination of this Agreement.       5. The Spanish Side provides notification of the use of the airspace of the Republic of Kazakhstan on routes provided by the Kazakh Side (Annex to this Agreement) by aircraft at least 24 hours before the scheduled departure by sending the flight plan to the Main Air Traffic Planning Center of the Republic of Kazakhstan (AFTN-UAAKZDZK) indicating the following flight data: - single annual special permit number;       - type, registration number and radio call sign of the aircraft; - departure and destination points of the aircraft; - general information on transportation (people, cargo, dangerous cargo); - date, full route and timetable with mandatory indication of air routes on the flight route, points of entry / exit to / from the airspace of the Republic of Kazakhstan.       6. Aircraft flights on the air routes of the Republic of Kazakhstan are carried out in accordance with the international flight rules applicable to civil aviation. During flight, aircraft adhere to a speed not exceeding 0.9 M. Group flights of aircraft are prohibited.       7. The Kazakh Side provides air navigation services to aircraft in accordance with the legislation of the Republic of Kazakhstan with the collection of air navigation fees.       8. Aircraft flying in the airspace of the Republic of Kazakhstan must be equipped with:       a) radio communication equipment that ensures the maintenance of two-way radio communication with the air navigation service provider;       b) a radar transponder (transponder) operating in the appropriate mode according to the procedure established by the International Civil Aviation Organization (ICAO).       9. Negotiations between aircraft crews and air traffic controllers are conducted in English according to the established rules of phraseology of ICAO radio communications.

  Article 4

     1. In the event of an emergency landing on the territory of the Republic of Kazakhstan, personnel on board the aircraft may not leave the place of emergency landing of the aircraft without the permission of the competent authorities of the Republic of Kazakhstan, except in cases where being on board the aircraft endangers the life or health of personnel.       2. When making an emergency landing on the territory of the Republic of Kazakhstan, personnel must comply with the legislation of the Republic of Kazakhstan, including customs and other rules, and not interfere in the internal affairs of the Republic of Kazakhstan.       3. The staff during their stay in the territory of the Republic of Kazakhstan is subject to the jurisdiction of the Republic of Kazakhstan.       4. Military personnel of the Kingdom of Spain may wear the military uniform of the Kingdom of Spain during their stay in the territory of the Republic of Kazakhstan.       5. In the event of an emergency landing on the territory of the Republic of Kazakhstan, military property and personnel may be subjected to border and customs control, and if necessary, by decision of the competent Kazakh authorities, and other types of control and registration in accordance with this Agreement and the legislation of the Republic of Kazakhstan.       6. The inspection of military property and personnel during border and customs control, as well as the request and verification of additional documents and information necessary for border and customs control, is carried out only if the border and customs authorities of the Republic of Kazakhstan have reason to believe that the specified property is not the property for which a permit has been issued.       7. The transit of military equipment and personnel across the state border of the Republic of Kazakhstan is carried out without levying customs duties, customs fees for customs clearance and taxes.

  Article 5

     1. The Parties shall not make claims against each other or initiate civil legal proceedings against each other in connection with activities carried out in pursuance of this Agreement, with the exception of claims in connection with causing death, bodily injury or material damage resulting from deliberate actions or an emergency landing. 2. The Spanish Side compensates the Kazakh Side and Kazakhstani legal entities for damages for specific actions related to the aircraft making an emergency landing on the territory of the Republic of Kazakhstan.       3. In case of damage to third parties caused by the fault of the Spanish Side during transit, the Spanish Side undertakes to compensate for it in accordance with the legislation of the Republic of Kazakhstan.

  Article 6

     Information received by one Party in connection with transit cannot be transferred to a third Party without the written consent of the Party that provided this information.

  Article 7

     Disputes and disagreements related to the application and interpretation of the provisions of this Agreement are resolved through consultations and negotiations.

  Article 8

     This Agreement shall enter into force on the date of receipt of the last written notification by the Parties through diplomatic channels on the completion of the internal procedures necessary for its entry into force.       This Agreement will expire upon the end of the ISAF mission or upon the expiration of six months from the date on which one of the Parties informs the other through diplomatic channels of its intention to terminate it.

Done in Astana, on July 2, 2009, in two originals, each in the Kazakh, Spanish and Russian languages, all texts being equally authentic.

     FOR THE GOVERNMENT FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN OF THE KINGDOM OF SPAIN

 Annex to the Agreement on Mutual Understanding between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Spain on      ensuring the transit of military equipment and personnel through the territory of the Republic of Kazakhstan in connection with the participation of the Kingdom of Spain in international efforts to stabilize and rebuild the Islamic Republic of Afghanistan

Routes provided in both directions

     from Russia:

     1. OVATA - G487 - ATR - A356 - NT - A355 - RODAM

     from Azerbaijan:

     2. BALUN - G155 - ABDUN - A356 - NT - A355 - RODAM

     from Uzbekistan:

     1. BORIS - A480 - GENDI - A352 - ARBOL - B142 - NT - A355 - RODAM

     2. ABEKA - A117 - DODUR - A121 - SMK - Bl14 - NT - A355 - RODAM

     The RCPI's note. The following is the text of the Agreement in Spanish.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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