On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on Air Services

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The Law of the Republic of Kazakhstan dated November 10, 1998 N 300

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on Air Services, signed in Baku on September 16, 1996.

President of the Republic of Kazakhstan

application

Agreement between * The Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on Air Services (Entered into force on November 26, 1998 - Bulletin of International Treaties of the Republic of Kazakhstan, 2003, No. 12, Article 89)

The Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan, hereinafter referred to as the "Contracting Parties", being participants The 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 a view to establishing air services between their respective Territories and beyond, have agreed as follows:

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 according to Article 90 of this Convention and any amendment to the Annexes or the Convention in accordance with Articles 90 and 94 of the Convention, if these Annexes and amendments have been accepted or ratified by both Contracting Parties.; b) the term "aviation authorities" means, in relation to the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan and, in relation to the Republic of Azerbaijan, the State concern Azerbaijan Hava Yollary, or any other organization authorized to perform functions currently performed by these bodies; c) the term "designated airline" means an airline, appointed 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, its Annex and any amendments to the Agreement or Annex; (e) The term "territory" in relation to a State means land surfaces, water territories under the sovereignty of that State; (g) The term "international air service" means an air service that passes through the airspace over the territory of more than one State; (h) The term "stop for non-commercial purposes" means landing for any purpose other than loading and unloading passengers, cargo or mail; and) the term "volume of traffic" means: i) in relation to an aircraft, the payload capacity of that aircraft operating along the entire route or part of it; (ii) In respect of established air services, the volume of traffic of an aircraft used in such air services multiplied by the frequency of flights operated by such aircraft for a given period along the entire route or part of it.

Article 2 Granting of transportation rights

1. Each Contracting Party grants the other Contracting Party the following rights with respect to its scheduled international air routes: a) the right to fly through the territory of its State without landing; b) the right to land on the territory of its State for non-commercial purposes; c) the right to load and unload on the above-mentioned territory at the points specified in the Annex to this Agreement, passengers, baggage, cargo and mail traveling to/from points in the territory of the State of the other Contracting Party. 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 Contracting Party to take on board passengers, cargo and mail on the territory of the State of the other Contracting Party on lease or for remuneration and intended for transportation to another point in the territory of the State of the other Contracting Party.

Article 3 Authority

1. Each Contracting Party has the right to designate one airline to operate the contract line along the established routes, notifying the other Contracting Party in writing. 2. Upon receipt of such notification, the aviation authorities of the other Contracting Party, in accordance with the provisions of paragraphs 4 and 5 of this Article, will immediately grant each designated airline an appropriate flight permit. 3. Each Contracting Party has the right to refuse the appointment of such an airline and appoint another one, notifying the other Contracting Party in writing. 4. Each Contracting Party may require an airline designated by the other Contracting Party to provide evidence that it is capable of complying with the conditions prescribed by the laws and regulations normally and reasonably applied by that Contracting Party in accordance with the provisions of the Convention when operating international air lines. 5. Each Contracting 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 Contracting Party does not have evidence that the preferential ownership and the actual control over this airline belongs to the Contracting Party that designated this airline, or to its citizens. 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 Contracting 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 Contracting Party, or to require the fulfillment of such conditions as it deems necessary when exercising these rights in any of the following cases: a) in any case, if it is not convinced that the primary ownership or effective control over this airline belongs to the Contracting Party that designated this airline, or its citizens; b) if this airline does not comply with the laws and regulations of the Contracting 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 Contracting Party.

Article 5 Application of laws and regulations

1. The laws, regulations and procedures of the State of one Contracting Party governing the arrival and departure from the territory of their States of an aircraft operating international air services will apply to the designated airline of the other Contracting Party. 2. The laws, rules and procedures of the State of one Contracting 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 and sanitary measures will be applied to passengers, crew, baggage, cargo or mail carried by an aircraft of a designated airline of the other Contracting Party during their stay in the said territory. 3. Neither Contracting Party may grant a preferential right to its designated airline over the designated airline of the other Contracting 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 a contractual scheduled air service must meet the following conditions: 1. The designated airline of both Contracting Parties will be provided with fair and equal operating conditions for the contractual lines on the established routes. 2. When operating contractual lines, the designated airline of one Contracting Party must take into account the interests of the designated airline of the other Contracting Party in order not to prejudice the transportation of the last airline that operates the airline on the same route or part of it. 3. The volume of traffic and frequency of flights are regulated by the aviation authorities of the Contracting 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 Contracting Parties, which have not expired, are recognized as valid by the other Contracting Party for the purpose of operating contractual lines. 2. Each Contracting Party, however, reserves the right to refuse to recognize, with respect to flights over its territory, qualification certificates and certificates issued to its citizens or recognized as valid by another State.

Article 8 Exemption from customs duties and other charges

1. The aircraft of the designated airline(s) of each Contracting Party used for international transportation, as well as their service equipment, fuel supplies, lubricants and on-board supplies (including food, beverages and tobacco products) on board such aircraft, will be exempt from all customs duties, inspection fees and other similar charges upon arrival in the territory of the State of the other Contracting Party, provided that such equipment and supplies remain on board the aircraft until then., until they are brought back. 2. They will also be exempt from such taxes, fees and duties, with the exception of fees for services provided: a) on-board supplies taken on board in the territory of the State of one Contracting Party in the amounts established by that Contracting Party for use on board an aircraft of the other Contracting Party operating on an established route.; b) spare parts imported into the territory of a State of one of the Contracting Parties for maintenance or repair of an aircraft operated by an airline designated by the other Contracting Party on an established route; c) fuel and lubricants provided in the territory of the State of one Contracting Party for the departing aircraft of a designated airline of the other Contracting Party operating international flights, even if these supplies will be used on a section of the route passing within the territory of the State of the Contracting Party where they are taken on board. d) the necessary documents used by the designated airline of one of the Contracting Parties, including transport documentation, air waybills and promotional materials, as well as vehicles, materials and equipment that can be used by the designated airline 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 sub-paragraphs a), b), c) and d) above may, upon request, be submitted under the control or supervision of the customs authorities. 3. Standard on-board equipment, as well as materials and supplies on board an aircraft of one Contracting Party, may be unloaded on the territory of the State of the other Contracting Party only with the permission of the customs authorities of that Contracting 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 Direct transit transportation

1. Passengers, baggage, cargo and mail traveling in direct transit through the territory of a State of one Contracting 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 other similar taxes.

Article 10 Aviation safety

1. In accordance with their rights and obligations under international law, the Contracting 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 Contracting Parties act in accordance with the provisions of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on December 16, 1970, the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed in Tokyo on September 14, 1963, and the Convention on Combating Illegal acts against the Safety of Civil Aviation, signed in Montreal on September 23, 1971, its Additional Protocol for the Suppression of Unlawful Acts of Violence at Airports of International Civil Aviation, signed in Montreal on February 24, 1988, as well as any other Convention on Aviation Safety. 2. The Contracting Parties shall, upon request, provide all necessary assistance to each other to prevent acts of unlawful seizure of 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. The Contracting Parties shall act in their relations 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 Contracting 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 the maintenance personnel of international airports on their territory act in accordance with such aviation safety regulations. 4. Each Contracting Party agrees that the other Contracting Party may require aircraft maintenance personnel to comply with the aviation safety provisions and requirements referred to in paragraph 3 of this Article, which are provided by that other Contracting Party for entry, exit and stay within the territory of its State. Each Contracting Party will ensure the effective application of appropriate measures within its territory to protect aircraft and check passengers, crew, hand luggage, baggage, cargo and on-board supplies before and during boarding or loading. Each Contracting Party shall favourably consider any request from the other Contracting Party to take 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 an aircraft or other illegal acts against the safety of aircraft, their passengers and crew, airports or air navigation facilities, the Contracting Parties shall assist each other by facilitating communication and taking other appropriate measures to prevent such incident or its occurrence quickly and safely. threats. 6. If one of the Contracting Parties fails to comply with the aviation safety provisions specified in this Article, the aviation authorities of the other Contracting Party may request immediate consultation from the aviation authorities of that Contracting Party.

Article 11 Pricing plans

1. Tariffs for transportation to or from the territory of a State of either Contracting Party 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 Contracting Parties. 3. The harmonization referred to in paragraph 2 of this Article will, whenever possible, be achieved through the use of procedures used in international practice. 4. The tariffs thus agreed upon will be submitted for approval to the aviation authorities of both Contracting 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 tariffs cannot be established 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 The authorities of one Contracting Party shall notify the aviation authorities of the other Contracting Party of their disagreement with one of the tariffs agreed in accordance with paragraph 2 of this Article., The aviation authorities of both Contracting Parties will try to come to an agreement on these tariffs. 6. If the aviation authorities are unable to come to 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 Contracting Parties will attempt to come to an agreement on these tariffs. 7. The tariffs will not be valid until the aviation authorities of each of the Contracting Parties 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 Contracting Parties. 9. The aviation authorities of each Contracting Party will make every effort to ensure that designated airlines apply tariffs approved by the aviation authorities of the Contracting Parties, and that no airline will unlawfully apply tariff reductions to any extent or in any way, directly or indirectly.

Article 12 Income transfers

1. Each Contracting Party grants the designated airline of the other Contracting Party the right to transfer the difference between receipts and expenses received on the territory of its State during the transportation of passengers, baggage, mail and cargo by the designated airline of the other Contracting Party in freely convertible currency based on the official effective exchange rate. 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 Contracting Parties, the payment will be made in accordance with the provisions of this Agreement.

Article 13 Commercial activity

1. The designated airline of each Contracting Party will have equal opportunities, in accordance with the laws and regulations of the State of the other Contracting Party, to open and maintain its representative offices in the territory of the State of the other Contracting Party with the necessary administrative, technical and commercial personnel and property (imported or purchased locally). 2. The designated airline of each Contracting 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 State of the other Contracting Party directly or through its agents.

Article 14 Fee rates

Each Contracting Party will make every effort to ensure that fees for services charged by a designated airline of the other Contracting Party or authorized to be charged by the competent authorities of the first Contracting Party are fair and reasonable. They will be based on sound economic principles.

Article 15 Providing schedules

Flight schedules on the contractual airlines will be submitted for approval by the aviation authorities of both Contracting Parties at least thirty (30) days before the expected date of commencement of operation of the contractual airlines. In special cases, this period may be shortened in agreement with the aforementioned authorities. Additional, charter and special flights will be operated in accordance with the rules of the State of each Contracting Party upon prior requests from the designated airline. These applications must be submitted to the aviation authorities of the other Contracting Party no later than 48 hours before the departure of the aircraft.

Article 16 Statistical information

The aviation authorities of one Contracting Party will provide periodic or other statistical information at the request of the aviation authorities of the other Contracting Party.

Article 17 Consultations and changes

1. In the spirit of close cooperation on all matters related to the implementation of this Agreement, consultations will be held periodically between the aviation authorities of the Contracting Parties. Such consultations must begin within sixty (60) days from the date of the request, unless both Contracting Parties agree to extend this period. 2. If one of the Contracting Parties considers it appropriate to amend the provisions of this Agreement, it may request advice from the other Contracting Party. The amendments agreed in this way will be approved by each Contracting Party in accordance with the rules and laws of its State. 3. Changes to the Annex will be made by agreement between the aviation authorities of the Contracting Parties and will enter into force immediately.

Article 18 Dispute resolution

1. Any dispute arising between the Contracting Parties in connection with the interpretation or application of this Agreement will be resolved primarily through direct negotiations. 2. If the Contracting Parties do not come to an agreement in the negotiations, they may refer the dispute to another person or organization; if they do not agree, the dispute, at the request of one of the Contracting Parties, will be referred to the Arbitral Tribunal, for which each of the Contracting Parties appoints an arbitrator from its side. The appointed arbitrators shall determine the third arbitrator, who shall assume the duty of Chairman of the Arbitration. The parties shall appoint their 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 Contracting Parties does not appoint its own arbitrator or a third member of the Arbitration is not appointed at the appointed time, the Contracting Parties may request the Chairman of the Council of the International Civil Aviation Organization to appoint an arbitrator and/or the Chairman of the Arbitration. In any case, the third arbitrator will be a citizen of a third country. 3. The Contracting Parties undertake to implement the decisions taken pursuant to paragraph 2 of this Article. 4. If one of the Contracting Parties does not comply with the Arbitration award, the other Contracting Party has the right to limit, suspend or revoke the rights and benefits granted by this Agreement to the other Contracting Party. 5. Each of the Contracting Parties will bear the costs associated with 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, shall be paid equally by both Contracting Parties.

Article 19 Termination of the Agreement

1. Any Contracting Party may at any time notify the other Contracting 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 shall terminate twelve (12) months after the date of receipt of such notification by the other Contracting Party, unless such notification is withdrawn by agreement before the expiration of this period. In the absence of confirmation of receipt by the other Contracting 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 is subject to ratification and will enter into force as soon as all constitutional procedures are completed.

Done in Baku on September 16, 1996, in 2 original copies, each in the Kazakh, Azerbaijani and Russian languages, all texts being equally authentic.

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

For the Government For the Government of the Republic of Kazakhstan The Republic of Azerbaijan

Application

Route table

Route table 1

The designated airline of the Republic of Kazakhstan may

operate regular air service along the following routes:

Departure points Arrival points

Locations in Kazakhstan Locations in Azerbaijan

Route table 2

The designated airline of the Republic of Azerbaijan may

operate regular air service along the following routes:

Departure points Arrival points

Locations in Azerbaijan Locations in Kazakhstan

Remarks Any intermediate points and points outside will be serviced by the designated airlines of each Contracting Party without granting the Fifth Freedom to operate flights. The possible granting of a Fifth Freedom of flight may be agreed upon between the aviation authorities of the Contracting Parties.

President

Republic of Kazakhstan

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