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

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Decree of the President of the Republic of Kazakhstan dated January 17, 1996 No. 2784

I decree:

1. To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the State of Israel on Air services, signed in Almaty on August 30, 1995.

2. This Decree shall enter into force from the date of publication.

President

Republic of Kazakhstan

application

Agreement

between the Government of the Republic of Kazakhstan

and the Government of the State of Israel

about the air service*

(Bulletin of International Treaties, Agreements and Individual Legislative Acts of the Republic of Kazakhstan, 1997, No. 5, Article 82) The Government of the Republic of Kazakhstan and the Government of the State of Israel, 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, emphasizing the importance of air transport as a means of creating and preserving friendship, mutual understanding and cooperation between the peoples of the two countries, Desiring to promote the development of air services between Kazakhstan and Israel, to continue fully international cooperation in this area, desiring to conclude an agreement for the operation of air services between the territories of their States, agreed as follows:

Article 1 Definitions For the purposes of interpretation and application 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, any amendment to Annexes or Conventions according to 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 and, in relation to the Government of the State of Israel, the Minister of Transport, or in both cases any person or organization authorized to perform the functions performed by these departments; c) the term "designated airline" means an airline designated by each Contracting Party to operate contractual lines as specified in the Annex to this Agreement and in accordance with Article 3 of this Agreement; (d) The terms "territory", "air traffic", "international air traffic", "airline" and "stopover for non-commercial purposes" have the meanings specified in Articles 2 and 96 of the Convention; (e) The term "Agreement" means this Agreement, its Annexes and amendments thereto, which form an integral part (e) The term "Annex" means the Annex to the Agreement and the amendments adopted in accordance with the provisions of paragraph 2 of Article 17 of the Agreement; (g) The term "established routes" means routes established or established in the Annex to the Agreement.; (h) The term "contractual lines" means international air services provided by an aircraft for the public transport of passengers, cargo and mail, which may be operated in accordance with the provisions of the Agreement on established routes; and) the term "tariff" means the prices for the carriage of passengers, baggage and cargo and the conditions under which these prices apply, including prices and conditions for agency and other additional services, but excluding remuneration and conditions of mail transportation; (k) The term "volume of traffic" in relation to "contractual lines" means the capacity of an aircraft used on such lines multiplied by the frequency of flights of that aircraft over a certain period of time along the entire route or part of it.

Article 2 Granting rights 1. Each Contracting Party grants the other Contracting Party the rights defined by the Agreement for the purpose of establishing and operating international air services along the routes specified in the Annex to the Agreement. 2. The airline designated by each Contracting Party, unless otherwise provided for in this Agreement or its Annex, will enjoy the following rights: a) to fly over the territory of the other Contracting Party without landing; b) land in the specified territory for non-commercial purposes; c) when operating contractual lines on established routes, load and unload passengers, cargo and mail traveling to or from the territory of the Contracting Party that designated the airline in the territory of the other Contracting Party at the points specified in the Annex to this Agreement. 3. Nothing in this Agreement shall be considered as granting the right to a designated airline of one Contracting Party to take passengers, cargo or mail on board in the territory of the other Contracting Party on a rental basis or for remuneration traveling to another point in the territory of the other Contracting Party.

Article 3 Appointment of agricultural enterprises and use of authority 1. Each Contracting Party will have the right to designate, by notifying the other Contracting Party in writing, one airline for the purpose of operating a contract line between the territories of the two countries along established routes. 2. Upon receipt of such an assignment, the other Contracting Party must immediately provide, in accordance with the provisions of paragraphs 3 and 4 of this Article, the appropriate operating permit to the designated airline. 3. The aviation authorities of one Contracting Party may require an airline designated by the other Contracting Party to provide evidence that it complies with the conditions prescribed by the laws and regulations normally and reasonably applied to the operation of international air services by those authorities in accordance with the provisions of the Convention. 4. Each Contracting Party shall have the right to refuse to grant the operating permit referred to in paragraph 2 of this Article, or to require the fulfillment of such conditions as it deems necessary when the designated aviation enterprise 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 effective control of this airline belong to the Contracting Party that designated this airline, or to its citizens. 5. 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 6 of this Agreement are put into effect in respect of these lines.

Article 4 Revocation and suspension of 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 an airline designated by the other Contracting Party, or to require the fulfillment of such conditions as it deems necessary when exercising these rights: a) in any case, if it is not convinced that the preferential ownership or the effective control over this airline belongs to the Contracting Party that designated the airline, or citizens of this Contracting Party; b) if this airline does not comply with the laws and regulations of the Contracting Party granting these rights; or c) in any case, if the airline in any other way does not comply with the operating conditions of the contractual lines 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 Exemption from fees and taxes 1. Based on the principles of mutual respect, each Contracting Party will exempt the designated airline of the other Contracting Party to the fullest extent possible in accordance with national law from import restrictions, customs duties, excise taxes, inspection fees and other national duties and taxes on supplies, including fuel and lubricants, spare parts, including engines, aircraft service equipment, on-board supplies and food (including tobacco products, alcohol, soft drinks and other goods intended for sale to passengers in limited quantities during the flight) and other items intended for use only in connection with the operation or maintenance of an aircraft of a designated airline of such a Contracting Party operating contractual lines, as well as airline ticket forms, air waybills, any printed material bearing the airline's mark, and the usual promotional materials., distributed by this designated airline for free. 2. The exemption granted by this Article will apply to the items referred to in paragraph 1 of this Article: a) imported into the territory of one Contracting Party by or on behalf of a designated airline of the other Contracting Party; b) on board an aircraft of a designated airline of one Contracting Party upon arrival and departure from the territory of the other Contracting Party.; c) taken on board an aircraft of a designated airline of one Contracting Party in the territory of the other Contracting Party and intended for use in the operation of contractual lines; regardless of the fact that these items will be used or consumed in whole or in part within the territory of the Contracting Party granting tax exemption, provided that these items are not alienated on territories of the specified Contracting Party. The materials specified in sub-paragraphs a), b) and c) will be under Customs supervision or control. 3. Standard on-board equipment, as well as materials and supplies normally on board an aircraft of a designated airline of one Contracting Party, may be unloaded on the territory of the other Contracting Party only with the permission of the customs authorities of that 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. 4. The exemptions granted pursuant to paragraph 1 of this Article will also be valid if an airline of one Contracting Party has agreed with another airline, which is also exempt from such taxes and duties by the other Contracting Party, on the temporary use or transportation to the territory of the other Contracting Party of the items specified in paragraph 1 of this Article.

Article 6 Tariffs 1. The tariffs prescribed to the designated airline of one Contracting Party for transportation to or from the territory of the other Contracting Party will be set within reasonable limits, taking into account all relevant factors, including operating costs, reasonable profits and tariffs of other airlines. The Contracting Parties should discuss unacceptable tariffs that are discriminatory, excessively high or limited due to abuse of a dominant position, or artificially reduced due to direct or indirect government support or subsidies. 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 it, and such agreement will, if possible, be achieved through the use of the procedures of the International Air Transport Association (IATA) or any other appropriate international tariff setting mechanism. 3. The tariffs agreed in this way will be submitted for approval by the aviation authorities of both Contracting Parties at least (45) days before the expected date of their introduction. In some cases, this period may be shortened by agreement of the aforementioned authorities. 4. Such a statement can be given in a clearly expressed form. If none of the aviation authorities have expressed their disagreement within 30 days from the date of transfer of tariffs for consideration, in accordance with paragraph 3 of this Article, these tariffs will be considered approved. In the event of a reduction in the period during which the tariff must be submitted for approval, as stipulated in paragraph 3, the aviation authorities may agree that the deadline for transmitting any disagreement on tariffs should be less than 30 days. 5. If a tariff cannot be agreed upon in accordance with the provisions of paragraph 2 of this Article, or if, during the period applicable in accordance with paragraph 4 of this Article, one aviation authority notifies the other aviation authority of its disagreement on any tariff agreed upon in accordance with the provisions of paragraph 2, the aviation authorities of the two Contracting Parties, after consultations with the aviation authorities of any State, whose advice they consider useful, will seek to determine the tariff by mutual agreement. 6. If the aviation authorities are unable to reach an agreement on approving any tariff submitted to them for consideration in accordance with paragraph 3 of this Article, or on determining any tariff as specified in paragraph 5 of this Article, the dispute will be resolved in accordance with the provisions of Article 18 of this Agreement. 7. The tariff established in accordance with the provisions of this Article will remain in force until a new tariff is established. However, the tariff will not be extended based on this clause for more than 12 months after the expiration date.

Article 7 Representative Office 1. The designated airline of one Contracting Party will be allowed, on the basis of reciprocity, to have its representatives and commercial, operational and technical personnel necessary in connection with the operation of contractual lines in the territory of the other Contracting Party. This staff will be recruited from among the citizens of one or both Contracting Parties, if necessary. 2. Such personnel needs may, at the discretion of the designated airline, be met by its own personnel or by using the services of another organization, company or airline operating in the territory of the other Contracting Party and authorized to perform such services in the territory of that Contracting Party. 3. Representatives and staff must comply with the laws and regulations in force in the territory of the other Contracting Party, and in accordance with these laws and regulations, each Contracting Party will provide, on the basis of reciprocity and with minimal delay, the necessary work permits, employee visas or other similar documents to the representatives and staff referred to in paragraph 1 of this Article. Each Contracting Party undertakes to ensure that the relevant designated airline of the other Contracting Party is provided with a suitable office and facilities necessary for work, in order to ensure the prompt operation of the relevant airlines of the Contracting Party.

Article 8 Application of laws and regulations 1. The laws and regulations of one Contracting Party concerning the arrival or departure from its own territory of an aircraft operating international flights, or related to the operation of such aircraft within its territory, will apply to aircraft of a designated airline of the other Contracting Party upon entry, exit and stay in the said territory. 2. The laws and regulations of each Contracting Party concerning the arrival, stay, transit and departure from its territory of passengers, crew, baggage, cargo and mail on an aircraft, including rules concerning entry and exit, immigration and emigration, passport, customs, currency and sanitary measures, will be observed by the designated airline of each Contracting Party upon arrival or departure and stay in the territory of the other Contracting Party.

Article 9 Recognition of certificates and certifications 1. Certificates of airworthiness, qualification certificates and certificates issued or recognized as valid by one of the Contracting Parties and in force shall be recognized as valid by the other Contracting Party for the purpose of operating contract lines, provided that the requirements according to which these certificates and certificates were issued or recognized as valid are equal to or higher than the minimum standards that may be established according to the Convention. 2. Each Contracting Party, however, reserves the right to refuse to recognize as valid the qualification certificates and certificates issued to its citizens by the other Contracting Party in relation to flights over its territory.

Article 10 Aviation safety 1. The Contracting Parties confirm their commitment to each other to protect the safety of civil aviation from acts of unlawful interference. The Contracting Parties, in particular, 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, the Convention for the Suppression of Unlawful Acts against the Convention on the Safety of Civil Aviation, signed in Montreal on September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports of 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 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 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 their territory, and the service personnel of international airports on their territory acted in accordance with such provisions on aviation security. 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 its territory. Each Contracting Party will ensure the effective application of appropriate measures within its territory to protect aircraft and to 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 a Contracting Party has reasonable grounds to believe that the other Contracting Party is not complying 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 the other Contracting Party.

Article 11 Transfer of income On the basis of reciprocity: 1. The designated airline of one Contracting Party will be free to sell air transport services in the territory of the other Contracting Party for local or any freely convertible currency, directly or through agents, in accordance with the relevant authorization received from the competent authorities. 2. The designated airlines of the Contracting Parties will freely convert the difference between revenue and expenses into a freely convertible currency and transfer this amount from the territory of sale to their territory. This will transfer income from sales made directly or through an agent for air transportation and ancillary additional services, and payment will be made in accordance with the provisions of the payment agreement in force between the two countries, if such an agreement has been reached, and in accordance with applicable currency rules. 3. The designated airlines of the Contracting Parties must obtain permission for such transfer within 30 days after submitting the application. The procedure for such a transfer of income must comply with the rules of currency exchange of the country in which the income is received. 4. The designated airlines of the Contracting Parties shall be free to make transfers upon receipt of the permit. If, for technical reasons, such a transfer cannot be made immediately, the airlines of the Contracting Parties should receive a transfer priority similar to the import priority of the other Contracting Party. 5. Each Contracting Party shall guarantee to the designated airline of the other Contracting Party exemption from all taxes and duties on income derived from the operation of air services.

Article 12 Volume of transportation 1. The designated airlines of both Contracting Parties will be provided with fair and equal operating conditions for the contractual lines, as specified in the Annex to this Agreement. 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, or on its other routes. 3. The volume of transportation provided by the designated airline on the contractual lines should correspond to the estimated needs for public transportation by air between the territories of the Contracting Parties. This volume should, in principle, be divided equally between the designated airlines of the Contracting Parties, unless otherwise agreed. 4. The frequency and timetable for the operation of the contractual lines must be established by mutual agreement between the two designated airlines and submitted to the aviation authorities for approval before the start of operation of the said contractual lines and at least 30 days before their entry into force. If such an agreement cannot be reached between the designated airlines, the case must be referred to the aviation authorities of the Contracting Parties. 5. The additional volume of traffic, if necessary, should be coordinated between the designated airlines before it is transferred to the appropriate aviation authorities for approval. 6. For the operation of contractual lines, it is necessary to conclude a commercial agreement between the two designated airlines. Such a commercial agreement must be submitted to the relevant aviation authorities for approval.

Article 13 Fees 1. Each Contracting Party may introduce or allow the introduction of fair and reasonable fees for the use of airports and other aviation equipment, provided that these fees are not higher than those paid by other airlines operating on similaArticle 13 Fees 1. Each Contracting Party may introduce or allow the introduction of fair and reasonable fees for the use of airports and other aviation equipment, provided that these fees are not higher than those paid by other airlines operating on similar international services. 2. Each Contracting Party should facilitate consultations between competent tax authorities and designated airlines using the services and Each Contracting Party should facilitate consultations between competent tax authorities and designated airlines using the services and equipment, and, if possible, through organizations representing the airline. For any proposal to change user fees, a reasoned notification should be provided to users of the services in order to give them the opportunity to express their opinions before these changes are introduced. 3. Neither Contracting Party should give preference to either its own or any other airline over the airline of the other Contracting Party operating similar international air services in the application of its customs, immigration, quarantine and similar regulations or in the use of airports, airlines, air navigation services and related facilities under control. under their control.

Article 14 Exchange of information and statistical data The aviationArticle 14 Exchange of information and statistical data The aviation authorities of one Contracting Party, at the request of the aviation authorities of the other Contracting Party, will provide such statistical information as may reasonably be required to determine the volume of traffic to be provided by the designated airline, the number of traffic on contractual lines, as well as the departure and destination points of non-stop flights operated exclusively to/from third countries.

Article 15 Direct transit Passengers traveling in direct transit through the territory of one Contracting Party and not leaving the airport area designated for this purpose will be subject to simplified control. Baggage and cargo traveling in direct transit will be exempt from customs duties and other similar charges.

Article 16 Consultat

Article 16 Consultations 1. In the spirit of close cooperation, the aviation authorities of the Contracting Parties will periodically consult with each other on the interpretation and proper implementation of the provisions of this Agreement. 2. Such consultations should begin within 60 days from the date of receipt of such request, unless otherwise agreed between the Contracting Parties.

Article 17 Changes 1. If any Contracting Party considers it necessary to amend any provision of the Agreement, it may request consultation with the other Contracting Party. Such consultations between the aviation authorities may be conducted through discussion or in writing and must begin within 60 days of the date of receipt of the request. Any changes agreed in this way should take effect through the exchange of diplomatic notes. 2. Amendments to the Annex to this Agreement may be made by direct agreement between the competent aviation authorities of the Contracting Parties and confirmed by an exchange of diplomatic notes. 3. Amendments to the Agreement should be made in accordance with any international convention that may be binding on both Contracting Parties.

Article 18 Dispute settlement 1. Any dispute arising between the Contracting Parties in connection with the interpretation or application of this Agreement will be settled primarily through negotiations. 2. If the Contracting Parties do not reach an agreement in the negotiations, they may refer the dispute to an arbitration court consisting of three arbitrators. One arbitrator is appointed by each Contracting Party, and the third is determined by these two appointed arbitrators. Each of the Contracting Parties shall appoint an arbitrator within 60 days from the date of receipt by one Contracting Party of a notification from the other through diplomatic channels requesting an arbitral award of the dispute, and a third arbitrator shall be appointed within the next 60 days. If either Contracting Party does not appoint an arbitrator within the specified time, or if a third arbitrator is not appointed within the specified time, either Contracting Party may request the President of the Council of the International Civil Aviation Organization to appoint an arbitrator or arbitrators, as required. In any case, the third arbitrator must be a citizen of a third country, he will act as the chairman of the arbitration court and determine the venue of the arbitration court. The arbitration court will determine its procedure and, if necessary, the law to be applied. 3. Any decision taken by the arbitral tribunal shall be binding on both Contracting Parties, unless another decision is taken during the arbitration of the dispute. 4. The costs of the arbitration court shall be divided equally between the Contracting Parties. 5. If and while one of the Contracting Parties does not comply with any decision taken pursuant to paragraph 3 of this Article, the other Contracting Party may restrict, revoke or revoke any rights or privileges that it has granted under this Agreement to the Contracting Party or the designated airline for non-compliance.

Article 19 Registration This Agreement and all subsequent amendments thereto, as well as any exchange of diplomatic notes, will be registered with the International Civil Aviation Organization.

Article 20 Termination of the Agreement 1. This Agreement will be valid indefinitely. 2. Any Contracting Party may at any time notify the other Contracting Party in writing of its intention to terminate this Agreement. Such notification will be simultaneously transmitted to the International Civil Aviation Organization. In this case, the Agreement shall terminate 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 21 Entry into force This Agreement shall enter into force on the date of the exchange of diplomatic notes by the Contracting Parties on the implementation of their respective domestic procedures. In proof of the above, the undersigned, duly authorized by their respective Governments, have signed this Agreement. Done in Almaty on August 30, 1995, in 2 original copies, each in Kazakh, Hebrew, Russian and English, all texts being equally authentic. In case of a discrepancy in interpretation, the English text takes precedence.

Application

to the Agreement on Air Service between

By the Government of the Republic of Kazakhstan and the Government of

The State of Israel, concerning regular aircraft

transportation between their territories

1. Routes used by the designated airline of the Republic

Kazakhstan can operate an air service:

Departure point: Almaty

Intermediate points: any point

Destination in Israel: Tel Aviv

A point outside: any point

2. Routes used by the designated airline of the State

Israel can operate an air service:

Departure point: Tel Aviv

Intermediate points: any point

Location in Kazakhstan: Almaty

A point outside: any point

3. The above-mentioned air services will be operated without the fifth freedom of movement to/from third countries, unless there is a mutual agreement between the designated carriers. Such an agreement must be submitted to the aviation authorities of both Sides for approval before it is implemented.

4. Any or all intermediate points or points outside may, at the discretion of the designated airline, be omitted on any or all flights, provided that the communication begins or ends in the territory of the Party that designated the airline.

President

Republic of Kazakhstan

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