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

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Law of the Republic of Kazakhstan dated December 19, 2007 No. 10-IV

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on Air Services, signed in Warsaw on November 27, 1997.

President of the Republic of Kazakhstan

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF THE REPUBLIC OF POLAND ON AIR SERVICES

The Government of the Republic of Kazakhstan and the Government of the Republic of Poland, hereinafter referred to as the "Contracting Parties", being parties to 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 and operating 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 adopted pursuant to Article 90 of that Convention and any amendment to the Annexes or Convention adopted pursuant to Articles 90 and 94 of the Convention if these Annexes and amendments have been accepted by both Contracting Parties; b) the term "aviation authorities" means, in relation to the Government of the Republic of Kazakhstan, the Ministry of Transport and Communications, and in relation to the Government of the Republic of Poland - The Ministry of Transport and Maritime Affairs, or any other person or organization authorized to perform functions currently performed by these authorities, c) the term "designated airline" means an airline designated and authorized in accordance with Article 3 of this Agreement, d) the term "tariffs" means prices paid for the carriage of passengers, baggage and cargo, and the conditions under which these prices apply, including commission 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.

Article 2 GRANTING OF TRANSPORTATION RIGHTS

1. Each Contracting Party grants the other Contracting Party the following rights in respect of its scheduled international air services: 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 points allowed for international flights, c) the right to load and unload passengers, baggage, cargo and mail in the above-mentioned territory at points specified in the Annex to this Agreement, as follows: or 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 DESIGNATION OF THE AIRLINE

1. Each Contracting Party will have the right to designate one airline to operate the contractual lines on 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 provide each designated airline with appropriate flight permits. 3. Each Contracting Party will have the right to replace such an airline and appoint another one by notifying the other Contracting Party in writing. The newly appointed airline will have the same rights and obligations as the airline it replaces. 4. The aviation authorities of each Contracting Party may require an airline designated by the aviation authorities of the other Contracting Party to prove that it is capable of complying with the conditions prescribed by the laws and regulations normally and reasonably applied by the aviation authorities of 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 effective 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 on these contractual lines.

Article 4 CANCELLATION AND SUSPENSION OF VALIDITY GRANTED RIGHTS

1. Each Contracting Party will have 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 for the use of these rights in the following cases: a) if it is not convinced that the primary ownership and effective control of this airline belongs to the Contracting Party that designated this airline, or its nationals, b) if this airline does not comply with the laws and regulations of the State 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 comply with 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. Such consultations must begin within 30 days from the date of receipt of the request for consultation, unless otherwise agreed between the Contracting Parties.

Article 5 APPLICATION OF LAWS AND REGULATIONS

1. The laws and regulations of the State of one Contracting Party governing the arrival, stay and departure from the territory of its State of aircraft engaged in international flights, or the operation and navigation of these aircraft during their stay within its territory, will apply to aircraft of an airline designated by the other Contracting Party. 2. The laws, rules and procedures of the State of one Contracting Party governing the entry, temporary stay and departure from its territory of passengers, crew, baggage, cargo and mail, such as, for example, formalities concerning entry, exit, emigration and immigration, as well as customs rules and sanitary measures, will be applied to passengers, crew, baggage, cargo and 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 contractual lines must meet the following conditions:: 1. The airlines designated by the Contracting Parties to operate the contractual lines must provide such capacity that would meet the existing and reasonably foreseen needs for international transportation on these contractual lines. 2. The designated airline of each of the Contracting Parties will be provided with favorable and equal conditions for the operation of contractual lines on established routes between the respective territories of their States. 3. Each Contracting 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 Contracting Party. 4. In cases where this is required by the internal regulations of one of the Contracting Parties, agreements that may be concluded between designated airlines regarding the operation of contractual lines will require their approval by the aviation authorities of that Contracting Party.

Article 7 RECOGNITION OF CERTIFICATES AND CERTIFICATIONS

1. Certificates of airworthiness, certificates of qualifications and certificates issued or made valid by one Contracting Party will be recognized as valid by the other Contracting Party during their validity period, provided that the requirements according to which such certificates or certificates were issued or recognized as valid meet the requirements or exceed the minimum standards. which are established, or which may be established from time to time, in accordance with the Convention. 2. Each Contracting Party. However, the Party reserves the right to refuse recognition of qualification certificates and certificates issued to its citizens or recognized as valid by another State in relation to flights over the territory of its State.

Article 8 EXEMPTION FROM CUSTOMS DUTIES AND OTHER CHARGES

1. The aircraft of the designated airline of each Contracting 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 State of the other Contracting Party, if such equipment and supplies remain on board the aircraft until they are returned. 2. They will also be exempt from such taxes, fees, and duties, with the exception of service charges.: a) on-board supplies taken on board in the territory of the State of one Contracting Party in the amounts established by the relevant authorities of that Contracting Party for use on board an aircraft of the other Contracting Party operating on an established route, b) spare parts and necessary equipment, imported into the territory of the 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 refueling an aircraft of the designated airline of the other Contracting Party operating international flights, even if these supplies will be used on the route section, 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 and air waybills that can be used by the designated airline for commercial and operational purposes, e) advertising materials of no commercial value used by the designated airline in the territory of the other State Of the Contracting Party, f) furniture, office equipment and materials, imported into the territory of a State of one Contracting Party for the purpose of use in the offices of agencies of an airline designated by the other Contracting Party, if this furniture, equipment and materials are at the disposal of the agencies for 3 years from the date of their importation into this territory and this principle is applied on a parity basis by both Contracting Parties. The materials specified in subparagraphs (a), (b), (c), (d), (e) and (e) 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 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 TRANSPORT

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, to simplified control only. 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 that their commitment to each other to protect the safety of civil aviation from acts of unlawful interference is an integral part of this Agreement. Without limiting the general applicability of their rights and obligations under international law, the Contracting 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, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on December 16, 1970, and Convention for the Suppression of Unlawful 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 Serving International Civil Aviation, signed in Montreal on February 24, 1988. 2. The Contracting Parties shall, upon request, provide all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other illegal acts directed against the safety of such 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 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 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 their States. 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 consider favourably any request from the other Contracting Party for the adoption of 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 Contracting Parties will assist each other by facilitating communication and taking other appropriate measures to prevent such an incident quickly and safely. or his 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 consultations from the aviation authorities of that Contracting Party.

Article 11 TARIFFS

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 after consultation with other airlines operating the entire route or part of the route to third countries. 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 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, 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 Contracting Party shall transmit to the aviation authorities of the other Contracting Party a notification 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 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 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 TRANSFER OF INCOME

1. Each Contracting Party grants the designated airline of the other Contracting Party, in accordance with the existing domestic rules, the right to transfer the difference between receipts and expenses received on the territory of their 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 on the day of transfer, the transfer will be made immediately, without delay. no later than sixty (60) days after the submission of the application. 2. If there is a special payment agreement between the Contracting Parties, the transfer will be made in accordance with the provisions of such 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 register its representative offices with the necessary administrative, technical, commercial and operational personnel in accordance with the established procedure in the territory of the State of the other Contracting Party. 2. Based on the principle of reciprocity, the designated airline of one Contracting Party will be free to sell its air transport services in the territory of the State of the other Contracting Party for local currency or any convertible currency both directly and through agents in accordance with the relevant permits and in accordance with national laws and regulations.

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 charged according to the same principles.

Article 15 PRESENTATION OF SCHEDULES

1. Flight schedules on the contractual lines 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 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 Contracting Party.

Article 16 TAXATION

1. Income and profits earned from the operation of aircraft on contractual lines will be taxed only in the territory of the State of the Contracting Party where the current management board of the airline is located. 2. Capital represented by aircraft operating contractual lines and movable property related to the operation of such aircraft will be taxed only in the territory of the State of the Contracting Party where the current management board of the airline is located. 3. If there is a special agreement between the Contracting Parties to avoid double taxation with regard to income taxes and capital taxes, its provisions will prevail.

Article 17 CONSULTATIONS AND AMENDMENTS

1. In the spirit of close cooperation, consultations will be held periodically between the aviation authorities of the Contracting Parties on all issues related to the implementation of the provisions of this Agreement. Such consultations should begin within 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 any provision 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 their domestic procedures. 3. Amendments to the Annex will be agreed upon between the relevant aviation authorities of the Contracting Parties and will enter into force immediately after the exchange of notes through diplomatic channels.

Article 18 DISPUTE SETTLEMENT

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 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, at the request of one of the Contracting Parties, be referred to an Arbitration Court, 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 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 60 days. If one of the Contracting Parties does not appoint its own arbitrator or a third member of the Arbitral Tribunal 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 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 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 decisions, the other Contracting Party has the right to limit, suspend or revoke any rights and benefits granted by this Agreement to the other Contracting Party. 5. Each of the Contracting 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, 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 12 months after the date of receipt of such notification by the other Contracting Party, unless the termination notice 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 amendments thereto will be registered with the International Civil Aviation Organization.

Article 21 ENTRY INTO FORCE

This Agreement will enter into force upon receipt by both Contracting Parties of a notification through diplomatic channels that they have completed the relevant domestic procedures. In proof of the above, the undersigned, duly authorized by their respective Governments, have signed this Agreement.

Done in Warsaw, on 27.XI.1997, in 2 original copies, each in the Kazakh, Polish and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of this Agreement, the Russian text will prevail.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Poland

application

1. The designated airline of the Republic of Kazakhstan has the right to operate the air service on the following route and back:

Points Intermediate Points Points beyond in Kazakhstan points outside Poland

Almaty 2 points Warsaw 2 points

2. The designated airline of the Republic of Poland has the right to operate air services on the following route and back:

Points Intermediate points Points beyond in Poland points beyond in Kazakhstan

Warsaw 2 points Almaty 2 points

3. Any or all points of the established route may, at the discretion of each designated airline, be omitted on any section or on the entire flight route, provided that this contractual line begins in the territory of the State of the Contracting Party that designated this airline. 4. Intermediate points and points beyond, as well as the granting of Fifth Freedom rights to/from these points, will be the subject of a separate agreement between the designated airlines and approval by the aviation authorities of the Contracting Parties.

unofficial translation from Polish

DPT.II-360-7-2003/MJ/200

The Ministry of Foreign Affairs of the Republic of Poland presents its compliments to the Embassy of the Republic of Kazakhstan in Warsaw and, in response to the note of the Ministry of Foreign Affairs of the Republic of Kazakhstan No. 12-1-2/684 dated April 25, 2005 regarding amendments to errors in the Kazakh text of the Agreement between the Government of the Republic of Poland and the Government of the Republic of Kazakhstan on Air Services, signed in Warsaw on November 27, 1997, I have the honor to inform you that the Polish side agrees to the changes proposed by the Kazakh side. At the same time, the Ministry of Foreign Affairs of the Republic of Poland expresses its consent that the above-mentioned note of the Ministry of Foreign Affairs of the Republic of Kazakhstan, as well as this note, become an integral part of the Agreement between the Government of the Republic of Poland and the Government of the Republic of Kazakhstan on Air Services, signed in Warsaw on November 27, 1997. The Ministry of Foreign Affairs of the Republic of Poland takes this opportunity to renew the assurances of its high respect to the Embassy of Kazakhstan.

(signature)

Warsaw, June 17, 2005

The seal of the Ministry of Foreign Affairs of the Republic of Belarus with the State coat of arms of Poland

Embassy of the Republic of Kazakhstan in Warsaw

Financial and economic justification for the draft Law of the Republic of Kazakhstan "On Ratification of the Agreement between By the Government of the Republic of Kazakhstan and the Government of the Republic of Poland"

The Ministry of Transport and Communications of the Republic of Kazakhstan, having considered the comments submitted by the Mazhilis of the Parliament of the Republic of Kazakhstan regarding the lack of financial and economic justification in the explanatory note to the draft Law of the Republic of Kazakhstan "On Ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on Air Services", informs about the following. The implementation of the project will entail budgetary costs in case of fulfillment of the obligations of the Kazakh side under paragraph 5 of Article 18 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on air services. These costs may arise only in the event of a dispute, and only if these disputes are resolved against the Republic of Kazakhstan. In this case, the costs can be attributed to unforeseen expenses financed from the reserve of the Government of the Republic of Kazakhstan. It is not possible to specify the specific amount of the estimated financial costs, since the costs associated with arbitration were not covered by the program administrator due to the non-entry into force of the Agreement and the absence of a dispute.

Minister

RCPI's note: the following is the text in Polish.

I hereby certify the accuracy of this copy of the note of the Ministry of Foreign Affairs of the Republic of Poland N DPT.II-360-7-2003/ MJ/200 dated June 17, 2005.

Deputy Director of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan

President

Republic of Kazakhstan

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