On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on Air Service

Home / International аgreements / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on Air Service

The Law of the Republic of Kazakhstan dated April 2, 2001 No. 175.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on Air Services, signed in Astana on September 2, 1999.

President of the Republic of Kazakhstan

Agreement* between the Government of the Republic of Kazakhstan and By the Government of the Republic of Armenia on air service

 *(Entered into force on October 3, 2001 - Bulletin of International Treaties of the Republic of Kazakhstan, 2002, No. 3, art. 31)

The Government of the Republic of Kazakhstan and the Government of the Republic of Armenia, hereinafter referred to as the "Parties", being parties to the B926300_ Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, desiring to conclude an Agreement, in addition to the said Convention, with the aim of establishing regular air services between the respective territories of their States and beyond, have agreed on the following:  

Article 1 Definitions For the purposes of this Agreement, unless the context otherwise requires: (a) The term "Convention" means the Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, and includes any Annex pursuant to Article 90 of that Convention and any amendment to Annexes or Conventions pursuant to Articles 90 and 94 of the Convention, if these Annexes and amendments have been accepted or ratified by both Parties; b) the term "aviation authorities" means, in relation to the Government of the Republic of Kazakhstan, the Ministry of Transport, Communications and Tourism of the Republic of Kazakhstan, and in relation to the Government of the Republic of Armenia, the General Directorate of Civil Aviation or any other person or organization authorized to perform the functions currently performed by these bodies; c) the term "designated airline" means an airline designated and authorized in accordance with Article 3 of this Agreement; (d) The term "tariffs" means the prices paid for the carriage of passengers, baggage and cargo, and the conditions under which these prices apply, including fees and other additional payments for agency services or for the sale of transport documents, but excluding payments and conditions for the carriage of mail; (e) The term "Agreement" means this Agreement. The Agreement, its Annex, and any amendments to the Agreement or Annex; (e) The term "territory" in relation to a State means the land surfaces, territorial and internal waters and the airspace above them under the sovereignty of that State; (g) The term "international air traffic" means air traffic that passes through the airspace over the territory of more than one State; (h) the term "stopover with non-commercial purposes" means boarding for any purpose other than loading and unloading passengers, baggage, cargo or mail; i) the term "volume of traffic" means: (i) in relation to an aircraft, the carrying capacity of that aircraft operating along the entire route or part of it; (ii) in relation to established air traffic, the volume of traffic of an aircraft used in such air traffic multiplied by the frequency of flights operated by such aircraft for a given period along the entire route or part of it.  

Article 2 Provision of transportation rights 1. Each Party grants the other Party the following rights with respect to its scheduled international air routes: a) the right to fly through the territory of their State without landing; b) the right to land on the territory of their States for non-commercial purposes at the points specified in the Annex to this Agreement; c) the right to load and unload passengers, baggage, cargo and mail traveling to/from points in the territory of the other Party's State in the above-mentioned territory at the points specified in the Annex to this Agreement. The routes indicated in the Appendix are hereinafter referred to as "established routes", and international air lines on these routes are referred to as "contractual lines". 2. Nothing in this Article shall be considered as granting the right to an airline of one Party to take on board passengers, cargo and mail on the territory of the State of the other Party, on lease or for remuneration, and intended for transportation to another point in the territory of the State of the other Party.

Article 3 Powers of 1. Each Party has the right to appoint airlines to operate the contract line along the established routes, notifying the other Party in writing. 2. Upon receipt of such notification, the aviation authorities of the other Party, in accordance with the provisions of paragraphs 4 and 5 of this Article, will immediately provide each designated airline with appropriate flight permits. 3. Each Party has the right to refuse to appoint such an airline and appoint another one, notifying the other Party in writing. 4. Each Party may require an airline designated by the other Party to prove that it is capable of complying with the conditions prescribed by the laws and regulations normally and reasonably applied by that Party in accordance with the provisions of the Convention when operating international air lines. 5. Each Party has the right to refuse to grant permission for the flights referred to in paragraph 2 of this Article, or to require the fulfillment of such conditions as it deems necessary when the designated airline uses the rights specified in Article 2 of this Agreement, in any case when the said Party does not have evidence that the pre-emptive possession and valid control over this airline belongs to the Party that appointed this airline, or to the citizens of its State. 6. The airline so designated and authorized may at any time begin operating the contractual lines, provided that the tariffs established in accordance with the provisions of Article 11 of this Agreement are put into effect.

Article 4 Cancellation and suspension of granted rights 1. Each Party has the right to revoke the operating permit or temporarily suspend the use of the rights provided for in Article 2 of this Agreement granted to the designated airline of the other Party, or to require the fulfillment of such conditions as it deems necessary when exercising these rights in the following cases: a) if it is not convinced that the preferential ownership or effective control over this airline belongs to the Party that designated this airline, or to its citizens; b) if this airline does not comply with the laws and regulations of the State of the Party granting it these rights; c) if the airline does not comply in any other way with the conditions prescribed by this Agreement. 2. If immediate cancellation, temporary suspension or the requirement to fulfill the conditions specified in paragraph 1 of this Article are not necessary to prevent further violations of laws and regulations, such a right will be used only after consultation with the other Party. Such consultations must begin within sixty (60) days from the date of receipt of the request for consultation, unless otherwise agreed between the Parties.  

Article 5 Application of laws and regulations 1. The laws, regulations and procedures of the State of one Party governing the arrival and departure from the territory of its State of an aircraft operating international air services will apply to designated airlines of the other Party. 2. The laws, rules and procedures of the State of one Party governing the arrival, temporary stay and departure from its territory of passengers, crew, baggage, cargo or mail, such as entry, exit, emigration and immigration formalities, as well as customs rules and sanitary measures, will apply to passengers, crew, baggage, cargo or mail carried by an aircraft of the designated airline of the other Party during their stay in the said territory. 3. Neither Party may grant a pre-emptive right to its designated airline over the designated airline of the other Party in the application of the laws and regulations provided for in this Article.

Article 6 Regulation of the volume of transportation The volume of transportation performed on contractual lines must meet the following conditions: 1. The designated airlines of each of the Parties will be provided with favorable and equal operating conditions for the contractual lines along the established routes. 2. Each Party will take all appropriate measures within its jurisdiction to exclude all forms of discrimination or unfair competition adversely affecting the position of the airline of the other Party. 3. The volume of traffic and frequency of flights are regulated by the aviation authorities of the Parties.  

Article 7 Recognition of certificates and certifications 1. Certificates of airworthiness, qualification certificates and certificates issued or recognized as valid by one of the Parties, the validity of which has not expired, are recognized as valid by the other Party during the operation of contractual lines. 2. Each Party, however, reserves the right to refuse recognition, in relation to flights over the territory of its State, of qualifications and certificates issued to its citizens or recognized as valid by another State.  

Article 8 Exemption from customs cle 8 Exemption from customs duties and other charges 1. The aircraft of the designated airlines of each Party used for international transportation, as well as their service equipment, fuel supplies, lubricants and on-board supplies (which are finished products, including souvenirs, food, beverages and tobacco products) on board such aircraft, will be exempt from all customs duties, inspection fees and other duties and taxes upon arrival in the territory of the other ParThe aircraft of the designated airlines of each Party used for international transportation, as well as their service equipment, fuel supplies, lubricants and on-board supplies (which are finished products, including souvenirs, food, beverages and tobacco products) on board such aircraft, will be exempt from all customs duties, inspection fees and other duties and taxes upon arrival in the territory of the other Party's State, if such equipment and supplies remain on board the aircraft until then, until they are brought back. 2. They will also be exempt from customs duties and taxes, with the exception of fees for services provided: a) on-board supplies taken on board in the territory of the State of one Party in the amounts established by the aviation authorities of that Party for use on board an aircraft of the other Party flying along an established route.; b) spare parts imported into the territory of the State of one of the Parties for maintenance or repair of an aircraft operated by anb) spare parts imported into the territory of the State of one of the Parties for maintenance or repair of an aircraft operated by an airline designated by the other Party on an established route; c) fuel and lubricants provided in the territory of the State of one Party for an aircraft of the designated airline of the other Party operating international flights, even if these stocks They will be used on the section of the route passing within the territory of the state of the Party where they are taken on board.; d) the necessary documents used by the designated airline of one of tthe ne documents used by the designated airline of one of the Parties, including transport documentation, air waybills and promotional materials, as well as vehicles, materials and equipment that can be used by designated airlines for commercial and operational purposes on the territory of the airport, provided that such materials and equipment ensure the transportation of passengers and cargo. The materials specified in subparagraphs (a), (b), (c) and (d) of this Article may, upon request, be submitted under the control or supervision of the customs authorities. 3. On-board service equipment, as well as materials and supplies on board an aircraft of one Party, may be unloaded on the territory of the State of the other Party only with the permission of the customs authorities of that other Party. In this case, they can be placed under the supervision of the mentioned authorities until they are taken back or receive another destination in accordance with customs regulations.  

Article 9 DireArticle 9 Direct transit transportation 1. Passengers, baggage, cargo and mail traveling in direct transit through the territory of the State of one Party and not leaving the area of the airport designated for this purpose will be subject, except in cases where security measures against acts of violence, air piracy and drug trafficking are required, only simplified control. 2. Baggage and cargo in direct transit will be exempt from customs duties and taxes.

Article 10 Aviation Safety 1. In accordance with their rights and obligations under international law, the Parties confirm their commitment to each other to protect the safety of civil aviation from acts of unlawful interference. Without limiting the general applicability of their rights and obligations under international law, the Parties will act in accordance with the provisions of the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed in Tokyo on September 14, 1963, tWithout limiting the general applicability of their rights and obligations under international law, the Parties will act in accordance with the provisions of the Convention on Crimes and Certain Ots Committed on Board Aircraft, signed in Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on December 16, 1970, and the Convention Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on September 23, 1971, its Additional Protocol on the Suppression of Unlawful Acts of Violence at International Civil Aviation Airports, signed in Montreal on February 24, 1988. 2. Upon request, the Parties shall provide all necessary assistance to each other to prevent acts of illegal seizure of civil aircraft and other illegal acts directed against the safety of aircraft, their passengers and crews, airports and air navigation facilities, as well as any other threat to the safety of civil aviation. 3. In their relations, the Parties shall act in accordance with the aviation safety provisions established by the International Civil Aviation Organization and referred to as Annexes to the Convention on International Civil Aviation, to the extent that such safety provisions are applicable to the Parties.; They will require that the maintenance personnel of aircraft whose main place of business or permanent residence is located on the territory of their States and airport maintenance personnel on the territory of their States act in accordance with such aviation safety regulations. 4. Each Party agrees that the other Party may require aircraft maintenance personnel to comply with the aviation security provisions and requirements referred to in paragraph 3 of this Article, which are provided by the other Party for entry, exEach Party agrees that the other Party may require aircraft maintenance personnel to comply with the aviation security provisions and requirements referred to in paragraph 3 of this Article, which are provided by the other Party for entry, exit and stay within the territory of its State. Each Party will ensure the effective application of appropriate measures within the territory of its State to protect aircraft and check passengers, crew, hand luggage, baggage, cargo and on-board supplies before and during boarding or loading. Each Side will consider favorably any request from the other Side to take reasonable special security measures in connection with a specific threat. 5. When there is an incident or threat of an incident involving the illegal seizure of a civil aircraft or other illegal acts against the safety of aircraft, their passengers and crew, airports or air navigation facilities, the Parties will When there is an incident or threat of an incident involving the illegal seizure of a civil aircraft or other illegal acts against the safety of aircraft, their passengers and crew, airports or air navigation facilities, the

Article 11 Tariffs 1. Tariffs for transportation to or from the territory of either Party's State will be set within reasonable limits, taking into account all relevant factors, including operating costs, reasonable profits, airline characteristics and consumer interests. 2. The tariffs specified in paragraph 1 of this Article will be agreed upon by the designated airlines of both Parties for each of the established routes. 3. The agreement referred to in paragraph 2 of this Article will, if possible, be achieved through the use of the fixed-rate mechanism applied by the International Air Transport Association. 4. The tariffs thus agreed upon will be submitted for approval to the aviation authorities of both Parties at least thirty (30) days before the expected date of their introduction; in some cases, this period may be shortened in agreement with the said authorities. 5. If the designated airlines cannot reach an agreement on the approval of any fare, or if for any other reason, fares cannot be set in accordance with paragraph 2 of this Article, or if during the first fifteen (15) days of the thirty-day (30) period, in accordance with paragraph 4 of this Article The aviation authorities of one Party shall notify the aviation authorities of the other Party of their disagreement with one of the tariffs agreed in accordance with paragraph 2 of this Article., The aviation authorities of both Sides will try to come to an agreement on these tariffs. 6. If the aviation authorities are unable to reach an Agreement on approving any tariff submitted to them for consideration in accordance with paragraph 4 of this Article, or on determining any tariff in accordance with paragraph 5, the dispute will be resolved in accordance with the provisions of Article 18 of this Agreement. 7. The tariffs will not be valid until the aviation authorities of each Party approve them. 8. The tariffs established in accordance with the provisions of this Article will remain in force until new tariffs are established in accordance with the provisions of this Article, but not longer than twelve months from the date of disagreement with them by the aviation authorities of one of the Parties. 9. The aviation authorities of each Party will make every effort to ensure that designated airlines apply tariffs approved by the aviation authorities of the Parties, and that no airline will unlawfully apply tariff reductions to any extent or in any way, directly or indirectly.

 Article 12 Transfer of income 1. Each Party grants the designated airline of the other Party the right to transfer the difference between receipts and expenses received on the territory of their States during the transportation of passengers, baggage, mail and cargo by the designated airline of the other Party in freely convertible currency based on the official effective exchange rate on the day of transfer after taxes in accordance with Article 16 of this Agreement. The transfer will be made immediately, no later than sixty (60) days after the application is submitted. 2. If there is a special payment agreement between the Parties, the payment will be made in accordance with the provisions of such agreement.

 Article 13 Commercial activity 1. The designated airlines of each Party will have equal opportunities, in accordance with the laws and regulations of the State of the other Party, to open their representative offices in the territory of the State of the other Party with the necessary administrative, technical, commercial and operational staff, which is recruited from the citizens of the State of either Party. 2. The designated airlines of each Party will continue to have equal opportunities to produce all types of transportation documentation, as well as to produce promotional materials and promote the sale of air tickets in the territory of the other Party's State. 3. Representatives and staff will be subject to the applicable laws and regulations of the other Party and, in accordance with such laws and regulations, such Party, on the basis of reciprocity and with minimal delay, will provide the necessary work permits, official visits or other similar documents to the representatives and staff referred to in paragraph 1 of this Article. 4. Based on the principle of reciprocity, each Party will grant the designated airline of the other Party the right to sell air transportation on the territory of its State directly by itself or, at its discretion, through its agents. Each designated airline will have the right to sell such transportation, and any person is free to purchase such transportation in local or freely convertible currency.  

Article 14 Fee rates Each Party will make every effort to ensure that fees for services charged by the designated airline of the other Party or authorized to be charged by the competent authorities of the first Party are fair and reasonable. They will be based on sound economic principles. These fees will not exceed the fees charged by other airlines operating similar international services. Neither Party will give preference to its own or any other airline in relation to the airline of the other Party, performing similar international air transportation, in the application of customs, immigration, quarantine and similar rules or in the use of airports, airlines, aviation and other services under their control.  

Article 15 Submission of schedules 1. Flight schedules on contractual airlines will be submitted for approval to the aviation authorities of both Parties at least thirty (30) days prior to the expected date of their introduction. In special cases, this period may be shortened with the consent of the aforementioned authorities. 2. Requests for permission to perform additional flights may be submitted by the designated airline for approval directly to the aviation authorities of the other Party. 3. The designated airlines will also provide any other information that may be requested by the aviation authorities of the other Party to confirm that the requirements of this Agreement have been properly complied with.  

Article 16 Taxation 1. The income received from the operation of the aircraft of the contractual lines will be taxed in accordance with the current legislation of the States of the Parties. 2. Capital represented by an aircraft operating contractual lines and movable property related to the operation of such aircraft will be taxed in accordance with the laws of the States of the Parties. 3. If there is a special agreement between the Parties to avoid double taxation regarding income taxes and capital taxes, then its provisions will prevail.  

Article 17 Consultations and changes 1. In the spirit of close cooperation on all matters related to the implementation of the provisions of this Agreement, consultations will be held between the aviation authorities of the Parties. Such consultations must begin within (sixty) 60 days from the date of the request, unless both Parties agree to extend this period. 2. If one of the Parties considers it appropriate to amend any provision of this Agreement, it may request advice from the other Party. The amendments agreed in this way will be approved by each Party in accordance with their constitutional procedures. 3. Changes to the Annex will be agreed upon between the relevant aviation authorities of the Parties and will enter into force immediately.  

Article 18 Dispute Settlement 1. Any dispute that arises between the Parties in connection with the interpretation or application of this Agreement will be resolved primarily through direct negotiations. 2. If the Parties do not reach an agreement in the negotiations, they may refer the dispute to a competent person or organization; if they do not agree, the dispute will be referred to an Arbitration Court at the request of one of the Parties, for which each Party appoints an arbitrator. The appointed arbitrators shall determine the third arbitrator, who shall assume the duty of Chairman of the Arbitration. The parties shall appoint their own arbitrator within (sixty) 60 days from the date of receipt through diplomatic channels of the notification of the proposal to resolve the disputed issues through Arbitration. The Chairman of the Arbitration is appointed within the next (sixty) 60 days. If one of the Parties does not appoint its own arbitrator, or a third member of the Arbitration is not appointed at the appointed time, the Parties may request the Chairman of the Council of the International Civil Aviation Organization to appoint arbitrators or the Chairman of the Arbitration. In any case, the third arbitrator will be a citizen of a third country and will be the Chairman of the Arbitration. 3. The Parties undertake to implement the decisions taken pursuant to paragraph 2 of this Article. 4. If one of the Parties fails to comply with the Arbitration award, the other Party has the right to limit, suspend or revoke any rights and benefits granted by this Agreement to the other Party for non-compliance. 5. Each of the Parties will bear the costs and payments related to the work of its appointed arbitrator. The fees and expenses of the Chairman of the Arbitration, as well as the costs related to the Arbitration, are paid by the Parties in half.  

Article 19 Termination of the Agreement 1. Either Party may at any time notify the other Party through diplomatic channels of its intention to terminate this Agreement; such notification shall be immediately transmitted to the Council of the International Civil Aviation Organization. 2. In this case, the Agreement is terminated 12 months after the date of receipt of such notification by the other Party, unless this termination notice is withdrawn by agreement before the expiration of this period. In the absence of confirmation of receipt by the other Party, the notification will be considered received fourteen (14) days after receipt of the notification by the International Civil Aviation Organization.  

Article 20 Registration This Agreement and any subsequent amendments thereto will be registered with the International Civil Aviation Organization.  

Article 21 Entry into force This Agreement has been concluded for an indefinite period and will enter into force after written notification of the completion by the Parties of the internal procedures necessary for its entry into force.

Done in Astana on September 2, 1999, in two copies, each in the Kazakh, Armenian and Russian languages, all texts having the same legal force.

In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will be guided by the text in Russian.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Armenia Appendix to the Agreement between By the Government of the Republic of Kazakhstan and the Government of the Republic of Armenia on by air service

1. The designated airline of the Republic of Kazakhstan has the right to operate air services along the following route: points in Kazakhstan - intermediate points - points in Armenia - points outside and back.

2. The designated airline of the Republic of Armenia has the right to operate air services on the following route: points in Armenia - intermediate points - points in Kazakhstan - points outside and back.

3. Any or all points of the established route may, at the discretion of each designated airline, be omitted in any section or along the entire flight route.

4. Any intermediate points and/or points outside will be serviced by a designated airline of one Party without granting Fifth Degree freedom rights to operate flights between these points and the territory of the State of the other Party.

Such Fifth-degree flight rights may, however, be granted to designated airlines of one Party after obtaining prior consent from the aviation authorities of the other Party.

(Experts: Sklyarova I.V., Abramova T.M.)

President

Republic of Kazakhstan

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