On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on Air Services

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The Law of the Republic of Kazakhstan dated January 21, 2022 No. 103-VII SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on Air Services, signed in Nur-Sultan on December 30, 2019.

President of the Republic of Kazakhstan

K. TOKAEV

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON AIR SERVICE

(Entered into force on March 15, 2022, Bulletin of International Treaties of the Republic of Kazakhstan 2022, No. 3, Article 9)

The Government of the Republic of Kazakhstan and the Government of the United States of America (hereinafter referred to as the "Parties");

Desiring to strengthen the international aviation system based on competition between airlines in the market with minimal government intervention and regulation;

Desiring to enable airlines to provide passengers and shippers with a variety of service options and desiring to encourage individual airlines to develop and apply innovative and competitive pricing;

Desiring to contribute to the expansion of international air services;

Desiring to ensure the maximum degree of flight safety and aviation security of international air services, and reiterating their serious concern about acts or threats directed against the safety of aircraft that endanger people or property, negatively affect the conduct of air transportation and undermine public confidence in the safety of civil aviation; and

being parties to the Convention on International Civil Aviation, adopted in Chicago on December 7, 1944;

have agreed on the following:

Article 1 Definitions

For the purposes of this Agreement, unless otherwise provided:

1. The term "Aviation Authorities" means, in relation to the Republic of Kazakhstan, the Ministry of Industry and Infrastructure Development or any person or agency authorized to perform functions performed by the Ministry of Industry and Infrastructure Development and in relation to the United States means the Department of Transportation.

2. The term "Agreement" means this Agreement and any amendments thereto.

3. The term "Air transportation" means the public transportation by air of passengers, baggage, cargo and mail individually or in combination, scheduled or chartered, for remuneration or for hire.

4. The term "Airline of a Party" means an airline that has received an air operator's certificate (CE) from the aviation authorities and has its main place of business in the territory of that Party.

5. The term "Convention" means the Convention on International Civil Aviation, adopted in Chicago on December 7, 1944, and includes:

a. any amendment that has entered into force in accordance with article 94 (a) of the Convention and has been ratified by both Parties; and

b. any Annex or amendment thereto adopted in accordance with article 90 of the Convention, to the extent that such annex or amendment is legally binding on both parties at any time.

6. The term "Full cost" means the cost of providing the service plus a reasonable fee for administrative costs.

7. The term "International air transportation" means air transportation carried out through the airspace over the territory of more than one State.

8. The term "Price" means any fee, rate, or fee for the carriage of passengers, baggage, or cargo (other than mail) during air transportation, including ground transportation related to international air transportation, assigned by airlines, including their agents, as well as the conditions governing the availability of such fee, rate, or fee..

9. The term "Stopover for non-commercial purposes" means boarding for any purpose other than boarding or unloading passengers, baggage, cargo or mail during air transportation.

10. The term "Territory" means the land territories, internal waters and territorial sea under the sovereignty of a Party; and

11. The term "User Fee" means a fee charged by airlines for the provision of airport and air navigation facilities and services, as well as aviation security and environmental protection facilities and services in the airport area, including related services or facilities.

Article 2 Granting of rights

1. Each Party grants the other Party the following rights for the performance of international air transportation by the airlines of the other Party:

a. the right to fly through its territory without landing;

b. the right to make stops on its territory for non-commercial purposes;

c. the right to carry out international air transportation between points on the following routes:

(i) for Kazakhstan airlines from points located outside Kazakhstan, through Kazakhstan and intermediate points to any point or points of the United States of America and further points, as well as for: pure cargo transportation, between the United States of America and any point or points;

(ii) for United States airlines from points located outside the United States of America through the United States of America and intermediate points to any point or points in Kazakhstan and further points, as well as for pure cargo transportation between Kazakhstan and any point or points; and

d. other rights provided for in this Agreement.

2. Each airline of the Party may, on any or all flights and at its discretion:

a. to operate flights in either one or both directions;

b. combine different flight numbers within the same aircraft flight;

c. service points outside, intermediate and further points and points in the territories of the Parties in any combination and in any order;

d. cancel stops at any point or locations;

e. transfer transportation from any of its aircraft to any of its other aircraft at any point;

f. to serve locations outside any location in its territory with or without changing the aircraft or flight number, and to offer and advertise services to the public such as direct flights;

g. make a stopover at any points both within and outside the territory of any Party;

h. to transport the transit cargo through the territory of the other Party; and

i. combine loading on the same aircraft, regardless of where this transportation originates;

without restrictions on the direction or geographical restrictions and without loss of any right to carry out transportation under this Agreement, provided that, with the exception of pure cargo transportation, transportation is a part of the service that serves a point located in the territory of the State of registration of the airline.

3. On any section or sections of the routes above, any airline of the Party may perform international air transportation without any restrictions regarding changes in the type or number of aircraft used at any point on the route, provided that, with the exception of pure cargo transportation, outbound transportation beyond such point is a continuation of transportation from the territory of the State. registration of the airline and, in relation to the arriving destination, transportation to the territory of the State of registration of the airline, It is a continuation of transportation from a given point located outside.

4. Nothing in this article shall be considered as granting an airline or an airline of one Party the right to take on board passengers, baggage, cargo or mail in the territory of the other Party, which are transported for remuneration and en route to another point in the territory of the other Party.

5. Any airline of the Party performing chartered international air transportation starting in the territory of any Party, whether it is transportation in one direction or "round trip", may, at its discretion, comply with the laws, rules and regulations concerning: charter transportation, or the state of its registration, or the other Party. If any Party applies other rules, regulations, regulations, conditions or restrictions to one or more of its airlines or airlines of other countries, each airline of the other Party is subject to the least restrictive of such requirements. Nothing in this paragraph restricts the rights of a Party to require the airlines of both Parties

comply with requirements related to the protection of passenger funds and passenger rights related to cancellations and compensation. With the exception of the consumer protection rules mentioned in this paragraph, no Party shall require an airline of the other Party to provide more notice in connection with transportation from the territory of that other Party or a third country in one direction or "round trip" that it complies with the applicable laws, regulations and regulations mentioned in this paragraph. or an exemption from such laws, regulations or regulations provided by the relevant aviation authorities.

Article 3 Authorization

Each Party, after receiving applications from the airline of the other Party in accordance with the established form and procedure prescribed for the issuance of operational authorization and technical authorization, shall grant the appropriate authorizations and authorizations with minimal procedural delay, provided that:

a. the primary ownership and actual control of this airline belongs to the other Party, to the citizens of this Party, or to both of them;

b. the airline meets the conditions established in accordance with the laws and regulations normally applied in international air transportation by the Party reviewing the application or applications; and

c. the other Party ensures and implements the provisions set out in Articles 6 (Safety) and 7 (Aviation safety).

Article 4 Revocation of a permit

1. Each Party may revoke, suspend, restrict or impose conditions on the airline's operational authorizations or technical permits, in cases where:

but. The airline is not an airline of the other Party in accordance with Article 1(4);

b. the primary ownership and actual control of the airline does not belong to the other Party, the nationals of that Party, or both of them; or

c. This airline has failed to comply with the laws and regulations referred to in article 5 (Application of laws) of this Agreement.

2. Except in cases where immediate action is necessary to prevent further non-compliance with subparagraph 1c of this Article, the rights established by this article shall be exercised only after consultation with the other Party.

3. This Article does not limit the right of either Party to refuse, revoke, suspend, restrict or impose conditions on the operational authorization or technical authorization of the airline or the airlines of the other Party in accordance with the provisions of Articles 6 (Safety) and 7 (Aviation safety).

Article 5 Application of laws

1. The laws and regulations of one. The Parties relating to the entry into or departure from its territory of aircraft involved in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be respected by such aircraft upon entry, exit and during their stay within the territory of this Party.

2. Upon arrival in, while staying in, or upon departure from the territory of one Party, its laws and regulations regarding the admission to or departure from its territory of passengers, crews, and cargo on an aircraft (including rules regarding entry, clearance, aviation security, immigration, passport and customs control, and quarantine, or postal rules in the case of mail transportation) are observed by such passengers, crews or on their behalf, or in relation to the cargo of the airlines of the other Party.

Article 6 Security

1. Each Party shall recognize as valid, for the purposes of performing air transportation provided for in this Agreement, certificates of airworthiness, certificates of qualifications and certificates that have been issued or recognized as valid by the other Party and that remain in force, provided that the requirements for such certificates and certificates are at least equal to the minimum standards that may be established. in accordance with the Convention. Each Party may, however, refuse to recognize as valid for the purpose of flying over its own territory certificates of qualifications and certificates issued to its citizens or recognized as valid for them by the other Party.

2. Each Party may request consultations on the safety standards observed by the other Party regarding air navigation facilities, flight crews, aircraft and the operation of the other Party's air facilities. If, as a result of such consultations, one Party finds that the other Party is not effectively complying with and applying safety standards and requirements in these areas that are at least equal to the minimum standards that may be established under the Convention, the other Party shall be notified of such findings and measures deemed necessary to meet the minimum standards, and The other Party is taking appropriate corrective actions. Each Party reserves the right to refuse, cancel, suspend, restrict or impose conditions on the operational authorizations or technical authorizations of an airline or airlines of the other Party if the other Party fails to take such appropriate corrective actions within a reasonable time, as well as to take immediate action prior to consultations with respect to that airline or airlines, if the other Party The Party does not apply or comply with the above-mentioned standards, and immediate action is needed to prevent further non-compliance.

Article 7 Aviation safety

1. The 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 Parties act, in particular, in accordance with the provisions of the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, concluded in Tokyo on September 14, 1963. The Convention for the Suppression of Unlawful Seizure of Aircraft, concluded in The Hague on December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, concluded in Montreal on September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementing the Convention for the Suppression of Unlawful Acts of acts against the safety of civil aviation, concluded in Montreal on February 24, 1988.

2. Upon request, the Parties shall provide each other with all necessary assistance to prevent acts of illegal 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 to counter any other threat to the safety of civil aviation.

3. In their mutual relations, the Parties shall act in accordance with the standards and relevant recommended aviation safety practices established by the International Civil Aviation Organization, referred to as annexes to the Convention; they require that aircraft operators of their registration, aircraft operators whose main place of business or permanent residence is located on their territory, as well as operators airports on their territory operated in accordance with such aviation safety regulations.

4. Each Party agrees to comply with the security provisions required by the other Party upon arrival, departure, or while on the territory of that other Party, and to apply appropriate measures to protect aircraft and inspect passengers, crew, and their baggage and hand luggage, as well as cargo and flight supplies, before and during boarding or boarding.. Each Side also positively considers any request from the other Side to take special security measures in connection with a specific threat.

5. In cases of an incident or threat of an incident related to illegal hijacking of an aircraft or other illegal acts directed against the safety of passengers, crews, aircraft, airports or air navigation facilities, the Parties shall assist each other by facilitating communication and taking other appropriate measures to quickly and safely end such an incident or eliminate it. threats.

6. If one Party has serious grounds to believe that the other Party is derogating from the aviation safety provisions of this Article, the aviation authorities of that Party may request immediate consultations with the aviation authorities of the other Party. Failure to reach a satisfactory agreement within 15 days from the date of such request is grounds for refusal to issue, revoke, suspend, restrict or impose conditions on the operational authorizations and technical permits of the airline or the airlines of this Party. In case of an emergency, the Party may take temporary measures before the expiration of 15 days.

Article 8 Commercial opportunities

1. The airlines of each Party have the right to establish representative offices in the territory of the other Party to advertise and sell air transportation.

2. The airlines of each Party have the right, in accordance with the laws and regulations of the other Party concerning entry, residence and employment, to deliver to the territory of the other Party and maintain there administrative, commercial, technical, operational and other specialists necessary to ensure air transportation.

3. Each airline has the right to independently carry out ground handling ("self-service") on the territory of the other Party or at the discretion of the airline to choose among competing agents to provide such services in whole or in part. The rights are subject only to physical restrictions related to airport security considerations. If such considerations exclude self-service, ground services are provided on an equal basis to all airlines; fees are based on the cost of the services provided.; and such services are comparable to the type and quality of services, as if self-service were possible.

4. An airline of a Party may sell air transportation in the territory of the other Party directly and at the discretion of the airline through its agents, except in cases where this may be specifically provided for by the charter rules of the country in which charter transportation begins, concerning the protection of passenger funds and passenger rights related to cancellations and compensation. Each airline has the right to sell such transportation, and any person has the right to purchase such transportation in the currency of that territory or in freely convertible currency.

5. Each airline has the right to transfer and transfer to its country and, except in cases where this is contrary to generally applicable legislation or regulation, to any other country or countries of its choice, upon request, local income, the amount of which exceeds local expenses. Transfers and transfers are allowed immediately, without restrictions or taxation on them, at the exchange rate that applies to current transactions and transfers on the day when the airline initiates the transfer request.

6. Air companies of each Party are allowed to pay local expenses, including fuel purchases, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay such expenses on the territory of the other Party in freely convertible currencies in accordance with local currency regulations.

7. By providing or offering authorized services in accordance with this Agreement, any airline of one Party may enter into joint marketing agreements, for example, regarding a block seat, a codeshare or a lease agreement, with:

a. by the airline or airlines of either Party;

b. by an airline or airlines of a third country; and

c. by land carrier of any country;

provided that all parties to such agreements (i) have the appropriate authority (ii) and meet the requirements normally applicable to such agreements.

8. Air companies and indirect suppliers of cargo transportation of both Parties are allowed, without restrictions, to use any means of land transport in connection with international air transportation to transport cargo to or from any points on the territories of the Parties or in third countries, including transportation to and from all airports with customs authorities, and for the transportation of goods stored in a customs warehouse in accordance with applicable laws and regulations. Such cargo, regardless of whether it is transported by land or air, is allowed for customs clearance and customs facilities at the airport. Airlines can choose to carry out ground transportation on their own or provide it through agreements with other ground carriers, including ground transportation carried out by other airlines and indirect suppliers of air cargo transportation. Such mixed cargo services may be offered at a single common price for combined air and ground transportation, provided that shippers are not misled about the facts regarding such transportation.

Article 9 Customs duties and charges

1. Upon arrival on the territory of one Party, aircraft engaged in international air transportation by the airlines of the other Party, their standard equipment, ground equipment, fuel, lubricants, consumables, spare parts (including engines), aviation supplies (including, but not limited to, items such as food, beverages and alcoholic beverages, tobacco products and other products intended for sale or use by passengers in limited quantities during the flight) and other items, intended or used exclusively for the operation or maintenance of an aircraft performing international air transportation, are exempt on the basis of reciprocity from all import restrictions, property and capital taxes, customs duties, excise taxes and similar charges and charges that (a) are established by government authorities, and (b) are not based on cost services provided, provided that such equipment and materials remain on board the aircraft.

2. On the basis of reciprocity, they are also exempt from taxes, levies, duties, payments and fees specified in paragraph 1 of this article, with the exception of fees based on the cost of services provided.:

a. aviation stocks imported or supplied in the territory of a Party and taken on board within reasonable limits for use on departing aircraft of the other Party's airlines engaged in international air transportation, even if these stocks will be used for part of the journey performed within the territory of the Party where they are taken on board;

b. ground equipment and: spare parts (including engines) imported into the territory of a Party for the maintenance, maintenance or repair of aircraft of the other Party's airlines engaged in international air transportation;

c. fuel, lubricants and technical consumables imported or supplied to the territory of a Party for use in an aircraft of an airline of the other Party engaged in international air transportation, even if these materials will be used for part of the journey performed within the territory of the Party where they are taken on board; and

d. information and promotional materials imported or supplied to the territory of a Party and taken on board within reasonable limits for use on departing aircraft of an airline of the other Party engaged in international air transportation, even if these materials will be used on part of the journey performed within the territory of the Party where they are taken on board.

3. It may be necessary to store the equipment and materials referred to in paragraphs 1 and 2 of this article under the supervision or control of the relevant authorities.

4. The exemptions provided for in this Article shall also be granted in cases where the airlines of one Party have concluded an agreement with another airline, which similarly enjoys such exemptions from the other Party, for the loan or transfer on the territory of the other Party of the items specified in paragraphs 1 and 2 of this Article.

Article 10 User fees

1. User fees that may be levied by the competent authorities or levying authorities of each Party on the airlines of the other Party are fair and moderate, do not unduly discriminate and are fairly distributed among different categories of users. In any case, the airlines of the other Party are subject to any such fees on terms that are no less favorable than the most favorable conditions provided to any other airline at the time of the fees.

2. User fees levied by the airlines of the other Party may reflect, but do not exceed, the full cost to the competent authorities or authorities collecting fees for the provision of appropriate airport and air navigation facilities and services, as well as facilities and services for aviation safety and environmental protection in the airport area or within the airport system. Such fees may include a reasonable return on assets less depreciation. The facilities and services for which fees are charged are provided on an efficient and cost-effective basis.

3. Each Party shall encourage consultations between the competent authorities or authorities charging fees in its territory and airlines using facilities and Services, and shall encourage the competent authorities or authorities charging fees and airlines to exchange such information "as may be necessary to accurately verify the validity of fees in accordance with the principles set out in paragraphs 1 and 2 of this article. Each Party encourages the competent authorities charging fees to notify users in a timely manner of any proposals regarding changes to user fees, so that users have the opportunity to express their opinions before making changes.

4. In carrying out dispute resolution procedures in accordance with Article 14, neither Party shall be considered to have violated any provision of this article if: (a) it has conducted, within a reasonable period of time, a review of the collection or practice that is the subject of a complaint filed by the other Party; or (b) after such review, it has accepted all available It has at its disposal measures to correct any collection or any practice incompatible with this article.

Article 11 Fair competition

1. Each Party shall provide the air companies of both Parties with a fair and equal opportunity to compete in the international air transportation services regulated by this Agreement.

2. Each Party authorizes each airline to determine its proposed frequency and capacity of international air transportation based on commercial considerations in the market. In accordance with this law, none of the Parties unilaterally imposes restrictions on the volume of transportation, frequency or regularity of transportation, type or types of aircraft operated by the airlines of the other Party, except in cases related to customs, technical, operational or environmental reasons, in accordance with uniform conditions. in accordance with article 15 of the Convention.

3. Neither Party shall impose on the airlines of the other Party a requirement for the right of first refusal, on the loading rate, on the fee for the absence of the right of objection or any other requirement inconsistent with the objectives of this Agreement with respect to capacity, frequency or volume of traffic.

4. Neither Party shall require the submission for approval of schedules and plans for charter flights or flight production plans of the airline of the other Party, except in cases where, on an equal basis, it may be necessary to comply with the uniform conditions specified in paragraph 2 of this Article, or in cases that may be specifically stipulated in this Agreement. If any Party requires the submission of information for information, then it reduces to to minimize the requirements and procedures for submitting information that cause minimal administrative burden on intermediary air transport authorities and airlines of the other Party.

Article 12 Pricing

1. Each Side allows the airlines of both Sides to set prices for air transportation based on commercial considerations in the market.

2. Prices for international air transportation between the territories of the Parties are not required to be submitted. Notwithstanding the above, the airline companies of the Parties provide, upon receipt of a request, immediate access to information on past, current and proposed prices to the aviation authorities of the Parties, using a method and format acceptable to the aviation authorities.

Article 13 Consultations

Each Party may request consultations on this Agreement at any time. Such consultations shall begin as soon as possible, but no later than 60 days from the date of receipt by the other Party of the request, unless the Parties agree otherwise.

Article 14 Dispute settlement

1. Any dispute arising under this Agreement, with the exception of those that may arise under Article 12 (Pricing), which is not resolved within 30 days from the date set for consultations in accordance with the request for consultations in accordance with Article 13, may be referred, by agreement of the Parties, for a decision. to a specific person or body. If the Parties do not agree to this, either Party may send a written notification to the other Party through diplomatic channels that it requests that the dispute be submitted to arbitration.

2. Arbitration is conducted by an arbitration court consisting of three arbitrators, which is formed as follows:

(a) Within 30 days of receiving the request for arbitration, each Party shall appoint one arbitrator. Within 60 days of the appointment of these two arbitrators, they shall appoint, by agreement, a third arbitrator who shall act as chairman of the arbitral tribunal.;

(b) If either Party does not appoint an arbitrator or if a third arbitrator is not appointed in accordance with subparagraph (a) of this paragraph, either Party may request the President of the Council of the International Civil Aviation Organization to appoint the necessary arbitrator or arbitrators within 30 days. If the President of the Council has the nationality of one of the Parties, the most senior of the Vice-Presidents, who is not recognized as unfit for work on this basis, makes the appointment.

3. The arbitral tribunal has the right to decide on the scope of its competence under this Agreement and, except where otherwise agreed, establishes its own rules of procedure. After its formation, the arbitral tribunal may, at the request of either Party, recommend interim measures to provide assistance until its final decision is rendered. If any of the Parties so request or the arbitral tribunal deems it appropriate, a meeting shall be held no later than 15 days after the full formation of the arbitral tribunal to accurately determine the issues to be submitted to arbitration and the specific procedures to be applied.

4. Except in cases where otherwise agreed or stipulated by the decision of the arbitration court, the statement of claim is submitted within 45 days from the date of the full formation of the arbitration court, and the objection to the claim is submitted 60 days after that. Any response from the applicant must be submitted within 30 days from the date of filing the objection to the claim. Any response from the plaintiff must be submitted within 30 days after that. If either Party requests it or the arbitral tribunal deems it appropriate, the arbitral tribunal shall hold a hearing within 45 days after the expiration of the last of the responses.

5. The arbitral tribunal shall seek to make a written decision within 30 days of the conclusion of the hearing or, if the hearing is not held, after the submission of the last response. The decision taken by the majority in the arbitration court shall prevail.

6. The Parties may submit a request for clarification of the decision within 15 days of its issuance, and any clarification shall be provided within 15 days of making such a request.

7. Each Party, to the extent compatible with its national legislation, shall give full legal force to any decision or ruling of the arbitral tribunal.

8. The costs of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be divided equally between the Parties. Any expenses incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph 2 (b) of this article shall be considered part of the costs of the arbitral tribunal.

Article 15 Termination

Each Party may at any time notify the other Party in writing of its decision to terminate this Agreement. Such notification is sent simultaneously to the International Civil Aviation Organization. This Agreement shall terminate at midnight (at the place of receipt of the notification by the other Party) at the end of the International Air Transport Organization (IATA) transport season, valid for one year after the date of the written notice of termination, except in cases where the notification is withdrawn by agreement of the Parties before the end of this period.

Article 16 Registration with ICAO

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

Article 17 Entry into force

This Agreement shall enter into force on the date of receipt of the last note in the exchange of diplomatic notes between the Parties confirming that all necessary domestic procedures for the entry into force of this Agreement have been completed.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE in the city of Nur-Sultan on December 30, 2019, in two original copies in Kazakh, Russian and English, all texts are equally authentic.

FOR THE GOVERNMENT

REPUBLIC OF KAZAKHSTAN

FOR THE GOVERNMENT

THE UNITED STATES OF AMERICA

President

Republic of Kazakhstan

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