On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America regarding the collection of fees for Air Navigation services of Government Aircraft

The Law of the Republic of Kazakhstan dated May 5, 2018 No. 154-VI SAM.

     To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the United States of America regarding the collection of fees for Air Navigation services of government aircraft, concluded in Washington on January 12, 2018.

     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 regarding the collection of fees for air navigation services of Government aircraft

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

     Recognizing that relations between the Governments of the Parties are expanding, intergovernmental dialogue and contacts in many areas are becoming more frequent and intense, and the number of flights within the framework of bilateral visits to the Republic of Kazakhstan and the United States of America is growing;

      Bearing in mind 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, with an annex, signed in Washington on November 12, 2010 and entered into force on May 12, 2011;

     Recognizing that the Government of the United States of America (hereinafter referred to as the U.S. Government) does not charge fees for air navigation services provided to aircraft of any foreign governments that have the necessary diplomatic authorization and cross U.S.–controlled airspace, or land on or take off from U.S. territory; and

     Aware that the purposes of this Agreement are not intended to prejudice the existing views and positions of the U.S. Government regarding air navigation fees charged by one Party to the other for flights of government aircraft, as well as the results of any future discussions conducted with a view to concluding a comprehensive agreement between the Parties regarding the collection of air navigation fees from government aircraft;

     have agreed on the following:

Article 1

     For the purposes of this Agreement, the terms used therein mean the following:

     1) "air navigation fees" – fees charged at all stages of the flight (approach, in the airfield area and on the route), for air traffic management, communications, navigation and surveillance systems, meteorological support for air navigation, search and rescue and/or aeronautical information services/aeronautical information management;

     2) "aeronautical information" – information obtained as a result of data collection, analysis and processing for the purposes of aircraft flight operations, air traffic services and air traffic control;

     3) "diplomatic authorization" is a permission from the body carrying out foreign policy activities of one of the Parties to fly over its territory, regardless of whether such flights include landing on its territory, issued at the request of one Party and received through diplomatic channels from the other Party.;

     4) "flight of a state aircraft" is a flight of an aircraft for which diplomatic permission is requested by one Party and granted by the other Party (when defining this term, there is an agreement that neither Party requests diplomatic permission from the other Party for its aircraft if these vessels are not used for government purposes, or engaged in any commercial activity);

     5) "transit" means movement by aircraft through the airspace of one of the Parties, beginning and ending outside the territory of its State.

Article 2

     1. This Agreement applies to flights of government aircraft for which, at the official request of the other Party, one of the Parties grants diplomatic permission to fly over the territory of its State, when such authorized visits are associated with landing on the territory of the State of this Party. No air navigation fees are charged for such flights by Government aircraft.

     2. For the purposes of implementing this Agreement, these diplomatic authorizations refer directly to this Agreement.

     3. This Agreement does not apply to transit flights, that is, it does not apply to aircraft of the Parties flying over the territory of the other Party's State without landing.

     4. This Agreement does not apply to aircraft not used for official government purposes or engaged in any commercial activity.

Article 3

      This Agreement does not affect the rights and obligations of the Parties under the Convention on International Civil Aviation, signed in Chicago on December 7, 1944.

Article 4

     The authorized bodies of the Parties to fulfill the terms of this Agreement are:

     On the Kazakh Side, the Ministry of Foreign Affairs of the Republic of Kazakhstan and the Civil Aviation Committee of the Ministry of Investment and Development of the Republic of Kazakhstan;

     On the American Side is the U.S. Embassy in the Republic of Kazakhstan.

     When changing the official names or functions of the authorized bodies of the Parties, the Parties promptly notify each other through diplomatic channels.

Article 5

     The Parties may make amendments and additions to this Agreement by mutual written agreement.

Article 6

     In case of disputes concerning the interpretation or application of the provisions of this Agreement, the Parties shall resolve them through negotiations and consultations.

Article 7

     1. This Agreement has no fixed period of validity and shall enter into force on the date of receipt through diplomatic channels by the United States of America of a written notification that the Republic of Kazakhstan has completed its internal procedures necessary for the entry into force of this Agreement.

     2. Each of the Parties may terminate this Agreement by sending a written notification to the other Party through diplomatic channels. In this case, this Agreement shall terminate upon the expiration of twelve (12) months from the date of receipt of this notification.

     In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

     Done in Washington, D.C., on January 12, 2018, in two copies in the Kazakh, English and Russian languages, all texts being equally authentic.

     For the Government of the Republic of Kazakhstan

For the Government of the United States of America

President    

Republic of Kazakhstan     

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