On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on the Air Transit of Cargo and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the United States of America in efforts to ensure the security, stabilization and reconstruction of the Islamic Republic of Afghanistan
Law of the Republic of Kazakhstan dated May 2, 2011 No. 432-IV
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America on the Air Transit of Cargo and Personnel through the Territory of the Republic of Kazakhstan in connection with the participation of the United States of America in efforts to ensure the security, stabilization and reconstruction of the Islamic Republic of Afghanistan, signed in Washington on November 12, 2010.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the United States of America on the air transit of cargo and personnel through the territory of the Republic Kazakhstan in connection with the participation of the United States of America in efforts to ensure the security, stabilization and reconstruction of the Islamic Republic of Afghanistan
(Bulletin of International Treaties of the Republic of Kazakhstan, 2011, No. 3, Article 51) (Entered into force on May 12, 2011)
The Government of the Republic of Kazakhstan, hereinafter referred to as the "Kazakh Side", and the Government of the United States of America, hereinafter referred to as the "American Side", collectively referred to as the "Parties", guided by the provisions of the resolutions 1368 (2001), 1373 (2001), 1386 (2001) and 1444 (2002) The United Nations Security Council, and in order to facilitate international efforts to ensure the security, stabilization and reconstruction of the Islamic Republic of Afghanistan, hereinafter referred to as "Afghanistan", have agreed as follows:
Article 1
This Agreement defines the procedure for the transit and transportation in the opposite direction by the American Side through the airspace of the Republic of Kazakhstan of goods and personnel in order to support international efforts to ensure the security, stabilization and reconstruction of Afghanistan.
Article 2
For the purposes of this Agreement, the terms used therein mean the following: a) "aircraft" - US military transport aircraft, as well as aircraft chartered by the American Side with cargo and/or personnel on board; b) "cargo": - humanitarian aid supplies, including food, medicines, equipment and materials intended for free distribution to the population of Afghanistan; - means of ensuring the vital activity of civilian specialists of the American Side; - weapons, military equipment and military property, life support equipment for the personnel of the armed forces, with the exception of nuclear materials and nuclear weapons; such weapons, military equipment, military property and other items will be used or consumed or returned, disposed of or transferred in accordance with the laws and regulations of the United States; c) "U.S. personnel" - military personnel and civilian personnel of the US Department of Defense; (d) "Personnel of U.S. contractors" - personnel employed by a legal entity contracted with or on behalf of the U.S. Government, whose transit is carried out in support of international efforts to ensure the security, stabilization and reconstruction of Afghanistan; (e) "Territory of the Republic of Kazakhstan" - the territory as defined in article 2 of the Convention on the International civil aviation dated December 7, 1944, in relation to the Republic of Kazakhstan; f) "technical experts" - specialists of the American Side on aircraft repair; g) "transit" means the movement of cargo, U.S. personnel, and U.S. contractor personnel by aircraft through the airspace of the Republic of Kazakhstan, beginning and ending outside the territory of the Republic of Kazakhstan.
Article 3
Aircraft transit (not group, single flights) is carried out without making an intermediate landing on the territory of the Republic of Kazakhstan, except for the cases specified in paragraphs 1 and 2 of Article 4, as well as in Article 12 of this Agreement, along the air corridors of the Republic of Kazakhstan specified in the Annex to this Agreement.
Article 4
1. An unplanned landing of an aircraft on the territory of the Republic of Kazakhstan may be carried out in the event of an emergency on board and/or force majeure preventing transit, and as provided for in Article 13 of this Agreement. 2. The use of Almaty airport as a backup is possible only in cases of emergency situations on board that endanger flight safety and require immediate landing of the aircraft, as well as force majeure preventing transit, due to weather conditions below the minimum required level for landing at Manas airport (Kyrgyz Republic) or in the event of an emergency the closure of the runways of Manas airport. In order to implement this paragraph, the Kazakh Side defines an air corridor in the Annex to this Agreement. 3. The Kazakh Side has the right to refuse to use Almaty Airport as an alternate airfield for making an unplanned landing due to weather conditions below the minimum required level for landing at Almaty airport, in the event of an emergency closure of one of the runways of Almaty airport, or in connection with the takeoff or landing of a particularly important aircraft of the Republic of Kazakhstan or another state from the airport./ at the airport of Almaty (except in cases when landing is requested by an aircraft in an emergency situation). In order to implement this article, in the event of the closure of Almaty Airport, the Kazakh Side shall make every effort to identify and redirect aircraft to an alternative alternate airport in the territory of the Republic of Kazakhstan. 4. All aircraft that have made an unplanned landing at Almaty Airport or at an alternative alternate airport, as provided for in this article, leave the airport after the reasons for the unplanned landing have been eliminated. The Kazakh Side is making efforts to establish a security zone around any US military transport aircraft that may make an unplanned landing immediately after the aircraft stops completely at the parking lot. 5. The Kazakh Side provides access to the aircraft that landed to employees and vehicles of the Office of the U.S. Military Attache to facilitate interaction between U.S. personnel, U.S. contractors on board the aircraft, airport management and the competent government authorities of the Republic of Kazakhstan. The names of the employees of the Office of the U.S. Military Attache and the official vehicle number of the Office of the U.S. Military Attache are reported to the Ministry of Foreign Affairs of the Republic of Kazakhstan as soon as possible. 6. In the cases described in paragraph 1 of this Article, if situations arise that require repair of US military transport aircraft in order to eliminate a malfunction that prevents their safe departure from the airport, the Kazakh Side provides access to US technical experts and equipment to the specified aircraft for repair. Such technical experts arrive in the territory of the Republic of Kazakhstan on a visa-free basis if they have passports or, where appropriate, an identification card of a US serviceman (on a visa-free basis and without a passport) and leave the Republic of Kazakhstan after completion of repair work. Scheduled repairs of US military transport aircraft at airports of the Republic of Kazakhstan are not allowed.
Article 5
For the use of the airspace of the Republic of Kazakhstan, based on a request sent to the Kazakh Side through diplomatic channels, the following types of permits are granted to the American Side: a) special (permanent) permit - for US military transport aircraft; b) one-time permit - for aircraft chartered by the American Side.
Article 6
1. In order to obtain a special (permanent) permit, the American Side sends a corresponding request to the Kazakh Side through diplomatic channels. The request contains the following information: (a) The destination and a general description of the cargo and personnel to be transported; (b) Transit routes. 2. Within 30 (thirty) days from the date of receipt of the request from the American Side for a special (permanent) permit, the Kazakh Side either refuses to issue such a permit in accordance with paragraph 1 of Article 8 of this Agreement, or issues a special (permanent) permit with a single number assigned to it, which will be used for all military transport aircraft U.S. courts. The primary special (permanent) permit is valid until the end of the calendar year in which the permit is issued. 3. In order to obtain another special (permanent) permit, the American Side sends a written request to the Kazakh Side in accordance with the procedure provided for in paragraph 1 of this Article. The American Side submits its request no later than December 1 of the relevant calendar year, and the next special (permanent) permit from the Kazakh Side is valid until the end of the next calendar year. 4. In case of suspension or cancellation of a special (permanent) permit during transit, the American Side ensures, at its own expense, the departure of the aircraft with all cargo and personnel on board from the airspace of the Republic of Kazakhstan through the point of its entry into the airspace of the Republic of Kazakhstan or, if required for technical reasons, through the point located nearby, without completing transit.
Article 7
1. In order to obtain a one-time permit to use the airspace of the Republic of Kazakhstan, the American Side shall send a request through diplomatic channels no later than 4 (four) business days prior to each proposed transit in accordance with this Agreement. The request contains the following information: - the full name and postal address of the operator; - the code of the International Civil Aviation Organization (ICAO) and the flight number; - the type, registration number, radio call sign of the aircraft and the state of registration of the aircraft; - type of navigation and communication equipment; - departure and destination points of the aircraft, indicating alternate airfields; - general description of the cargo and the number of personnel on board; and - date, full flight route and timetable with mandatory indication of air routes on the flight route, as well as points of entry /exit into/ out of airspace Of the Republic of Kazakhstan. 2. In order to help achieve the objectives of this Agreement, make transit more expeditious and reduce administrative burdens, the Kazakh Side will make efforts to approve permits for a series of flights of aircraft chartered by the United States and operated by commercial enterprises.
Article 8
1. The Kazakh Side has the right to refuse to grant any permission requested in accordance with Article 6 or 7 of this Agreement. 2. The Kazakh Side has the right to suspend or revoke any permit previously issued pursuant to Article 6 or Article 7 of this Agreement to a US military transport aircraft or aircraft chartered by the American Side, if the Kazakh Side determines that the provisions of this Agreement have not been complied with, or the movement of cargo and personnel does not comply with this Agreement, or the movement of cargo and personnel may pose a threat to the national security of the Republic of Kazakhstan. 3. The Kazakh Side notifies the American Side as soon as possible of any decision to suspend or revoke the permit.
Article 9
1. At least 4 hours before each scheduled departure, notification of the use of the airspace of the Republic of Kazakhstan is provided to the Main Air Traffic Planning Center of the Republic of Kazakhstan (AFTN - UAAKZDZK, UAAAZDZW) by sending a flight plan: a) by the American Side - for a US military transport aircraft; or b) by the aircraft operator, an appointed representative, another commercial organization operating the aircraft, or another organization on its behalf - for an aircraft chartered by the American Side. 2. Notifications concerning US military transport aircraft contain the following flight data: - special (permanent) permit number; - aircraft type, registration number and radio call sign; - aircraft departure and destination points, indicating alternate airfields; - the number of personnel on board; and - the date, full flight route and timetable with mandatory indication of air routes on the flight route, points of entry / exit into / from the airspace of the Republic of Kazakhstan. 3. Notifications concerning aircraft chartered by the American Side contain the following flight data: - the number of a one-time flight permit issued by the Kazakh Side; - type, registration number, aircraft radio call sign, ICAO code and flight number; - the departure and destination points of the aircraft, indicating alternate airfields; - the number of personnel on board; and - the date and estimated flight route, the schedule of the aircraft in universal coordinated time (UTC) and the points of entry / exit into / from the airspace of the Republic of Kazakhstan. 4. The information specified in the flight plan is provided as defined in the ICAO documents and paragraphs 1, 2 and 3 of this Article. 5. There must be a specification and/or other documentation on board the aircraft confirming the quantity and name of the cargo being transported (air waybill or similar document).
Article 10
An aircraft with respect to which no flight plan has been provided to the Main Air Traffic Planning Center of the Republic of Kazakhstan is prohibited from entering the airspace of the Republic of Kazakhstan, except in cases when the aircraft needs to use an alternate airfield on the territory of the Republic of Kazakhstan, provided that information about this aircraft is provided to the Main Air Traffic Planning Center of the Republic of Kazakhstan. Kazakhstan in each such case, or in the cases described in paragraph 1 of Article 4 of this Agreement.
Article 11
1. Flights of aircraft on the air routes of the Republic of Kazakhstan are carried out in compliance with the international rules of flight of civil aircraft (single flights). Aircraft travel sequentially (not in groups) and adhere to subsonic flight speed. Under this Agreement, the total number of flights of aircraft chartered by the American Side is not limited. The total number of flights of US military transport aircraft under this Agreement does not exceed 20 (twenty) flights per day. 2. The American Side cannot refuel an aircraft in the airspace of the Republic of Kazakhstan.
Article 12
1. The Kazakh Side may exercise its sovereign right to direct the aircraft to land. In this case, the customs and border control authorities of the Republic of Kazakhstan have the right to inspect cargo and personnel on board an aircraft chartered by the American Side. 2. The American Side, at the request of the Kazakh Side, provides confirmation that the cargo is intended for the purposes of ensuring the security, stabilization and reconstruction of Afghanistan. 3. In the event of an aircraft landing on the territory of the Republic of Kazakhstan, the Kazakh Side has the right to check documents related to cargo and personnel for border and customs control purposes in order to ensure that the cargo and personnel on board comply with those stated in the documents. 4. In the case of cargo and personnel inspection carried by US military transport aircraft, the American Side either unloads the cargo and personnel for inspection outside the aircraft, or, alternatively, chooses the option in which the aircraft leaves the territory of the Republic of Kazakhstan in the direction of the point from where the aircraft took off before entering the airspace. the territory of the Republic of Kazakhstan, through an entry point or, for technical reasons, through a point located nearby, without completing transit. 5. The customs control authorities of the Republic of Kazakhstan have the right to conduct customs inspections on board aircraft chartered by the American Side. If, after inspection of the cargo and the relevant documentation, representatives of the customs control authorities have reason to believe that the cargo on board does not comply with the specifications and/or other documentation on board confirming the quantity and name of the cargo being transported (air waybill or similar document), this cargo must be partially or completely unloaded from the aircraft in order to to carry out further inspection if such cargo cannot be sufficiently inspected on board the aircraft. 6. If the customs and border control authorities of the Republic of Kazakhstan exercise the right to inspect cargo and personnel for the purposes described in this article, then an act in Kazakh and/or Russian is drawn up based on such inspection and its results, which is signed by a representative of the American Side solely for the purpose of confirming receipt of the act, as well as representatives of customs and border control authorities. control of the Republic of Kazakhstan.
Article 13
To ensure the procedures provided for in Article 12 of this Agreement, as well as to ensure the safety of air traffic, the American Side recognizes: a. the right of the Kazakh Side to request the landing of aircraft chartered by the American Side, and to apply, if necessary, to ensure compliance with such a requirement, procedures provided for by the Convention on International Civil Aviation of December 7. 1944; b. that U.S. military transport aircraft operating within the airspace of the Republic of Kazakhstan are required to cooperate with the authorities of the Republic of Kazakhstan responsible for air traffic in order to ensure flight safety.
Article 14
1. The transit of U.S. personnel and U.S. contractor personnel through the territory of the Republic of Kazakhstan is carried out on a visa-free basis if they have a passport or, where appropriate, an identification card of a U.S. serviceman (on a visa-free basis and without a passport). 2. U.S. personnel and personnel of U.S. contractors, while in the territory of the Republic of Kazakhstan, in the cases specified in Articles 3 and 4 of this Agreement, interact with the Kazakh Side on all issues related to their stay.
Article 15
1. In cases of aircraft landing for the reasons described in Articles 3 and 4 of this Agreement, U.S. personnel and U.S. contractors may leave the aircraft while in the territory of the Republic of Kazakhstan only with the permission of the competent authorities of the Kazakh Side. U.S. personnel and U.S. contractor personnel may not leave the aircraft while carrying weapons. 2. At the request of the aircraft commander, the competent authorities of the Kazakh Side authorize the provision of standard medical care and household services to U.S. personnel and U.S. contractors. The American Side or the company whose aircraft is chartered by the American Side reimburses the suppliers in accordance with the established procedure for the cost of services and medical care provided.
Article 16
1. According to the existing obligations of the Parties, U.S. personnel during their stay in the territory of the Republic of Kazakhstan are subject to the criminal jurisdiction of the Republic of Kazakhstan, with the exception of the cases specified in paragraph 2 of this Article. 2. The criminal jurisdiction of the Republic of Kazakhstan does not apply to U.S. personnel during their stay in the territory of the Republic of Kazakhstan in connection with the implementation of this Agreement.: a) offenses related solely to the property or security of the American Side, or offenses related solely to the person or property of U.S. personnel; and b) offenses resulting from any act or omission in the performance of official duties.
Article 17
Flights in the airspace of the Republic of Kazakhstan are performed in accordance with the established ICAO rules, with the regulatory legal acts of the Republic of Kazakhstan regulating flights and published in the Kazakhstan Collection of Aeronautical Information (AIP), and this Agreement.
Article 18
1. The Kazakh Side provides air navigation services to aircraft located in the airspace of the Republic of Kazakhstan that have received special (permanent) or one-time permits under this Agreement and have fulfilled the requirements specified in Article 9 of this Agreement. No air navigation fees are charged to U.S. military transport aircraft. The air navigation fees published in the Kazakhstan Aeronautical Information Collection (AIP) are charged for aircraft chartered by the American Side in the same circumstances and at the same rates applicable to other commercial aircraft transiting through the airspace of the Republic of Kazakhstan outside the schedule. 2. The American Side shall pay reasonable airport fees and all services requested and received by the US military transport aircraft at the airport in the event of any landing of any such aircraft. Reasonable airport fees and services requested and received by an aircraft chartered by the American Side are paid by the aircraft operator.
Article 19
1. Information received by one of the Parties in connection with transit may not be transferred to a third party without the prior written consent of the Party that provided such information. 2. Paragraph 1 of this Article does not apply to information provided by the American Side to the Kazakh Side in accordance with Articles 6 and 7 of this Agreement, such information may be transferred to a third party solely for the purpose of facilitating transit under this Agreement.
Article 20
1. Claims for compensation for damage caused during transit under this Agreement, depending on the case, are satisfied: (a) Natural and/or legal persons responsible for the damage; (b) through consultations between the Parties; or (c) in accordance with the provisions of article VIII of the Agreement between the Parties to the North Atlantic Treaty on the Status of their Armed Forces of June 19, 1951, after consultations. 2. The American Side ensures that the operators of aircraft chartered by the American Side have sufficient insurance coverage to pay for claims that may arise during their stay in the territory of the Republic of Kazakhstan.
Article 21
In case of termination of this Agreement in accordance with Article 23, any special (permanent) or one-time permit is cancelled from the date of termination of this Agreement.
Article 22
1. The Parties, if necessary, hold consultations on organizational and technical issues of the implementation of this Agreement. 2. Disputes related to the application and interpretation of this Agreement are resolved through consultations and negotiations between the Parties.
Article 23
1. This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. 2. By written consent of the Parties, this Agreement, including its Annex, which is an integral part of it, may be amended. 3. With the exception of what is provided for in paragraph 4 of this article, amendments to this Agreement are made by concluding separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this article. 4. Amendments to the Annex to this Agreement may be made by mutual agreement of the Parties through the exchange of diplomatic notes and shall enter into force on the date of receipt of the last note. 5. This Agreement remains in force for one year and is automatically extended for subsequent annual periods, unless one of the Parties informs the other Party in writing through diplomatic channels and no later than 30 (thirty) days before the expiration of the relevant annual period of its intention not to extend this Agreement. Either Party may terminate this Agreement at any time by notifying the other Party through diplomatic channels. In this case, this Agreement shall terminate upon the expiration of 30 (thirty) days from the date of receipt of the relevant notification. 6. In the event of termination of this Agreement, the obligations provided for in Article 20 of this Agreement shall remain in force for the Parties until the Parties agree otherwise. 7. From the date of entry into force of this Agreement, the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America dated December 15, 2001 and the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America dated July 10, 2002 shall expire. 8. The diplomatic authorization issued in accordance with the Memorandum of Understanding between the Government of the Republic of Kazakhstan and the Government of the United States of America dated December 15, 2001, shall remain in force for four (4) days after the entry into force of this Agreement.
Done in Washington, D.C., on November 12, 2010, in two originals, each in the Kazakh, English and Russian languages, all texts being equally authentic.
FOR THE GOVERNMENT FOR THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN OF THE UNITED STATES OF AMERICA
The RCPI's note. The following is the text of the Agreement in English.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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