On the ratification of the Agreement on the Organization of actions of the air Defense forces on Duty in the Member States of the Commonwealth of Independent States upon receiving information about the seizure (hijacking) of an aircraft
The Law of the Republic of Kazakhstan dated January 30, 2014 No. 169-V SAM
To ratify Agreement on the organization of actions of the air defense forces on duty in the member States of the Commonwealth of Independent States upon receiving information about the hijacking of an aircraft, committed in Dushanbe on September 3, 2011.
President of the Republic of Kazakhstan N. NAZARBAYEV
AGREEMENT on the organization of actions of the air defense duty forces of the Member States of the Commonwealth of Independent States States when receiving information about the capture (hijacking) aircraft
Entered into force on July 15, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 4, art. 75
The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties, attaching great importance to the development of military cooperation in the field of protection and use of airspace, in order to ensure the safe use of airspace, counter terrorism and ensure a unified approach to organizing the actions of the air defense forces on duty (hereinafter referred to as the air defense) forces of the member States of the Commonwealth of Independent States when receiving information about the hijacking of an aircraft (aircraft),
have agreed on the following:
Article 1
The Parties shall cooperate in organizing the actions of the air defense forces on duty in the member States of the Commonwealth of Independent States upon receiving information about the seizure (hijacking) of an aircraft (aircraft) and the prevention of terrorist acts using an aircraft (aircraft) in the airspace, in accordance with the Regulations on the Procedure for the actions of the air defense forces on Duty - members of the Commonwealth of Independent States upon receiving information about the threat of a terrorist act in the airspace and (or) the seizure (hijacking) of an aircraft (aircraft), which is an integral part of this Agreement.
Article 2
The Parties shall identify the authorized bodies responsible for the implementation of this Agreement and inform the depositary thereof upon submission of the relevant notification on the completion of the internal procedures necessary for the entry into force of this Agreement or the instrument of accession.
Article 3
The coordination of activities for the implementation of this Agreement is entrusted to the Council of Ministers of Defense of the Participating States. The Commonwealth of Independent States.
Article 4
During the implementation of this Agreement, the Parties shall ensure the protection of information in respect of which the transmitting Party has stipulated the need for confidentiality. The transfer of such information is carried out on the basis of relevant international treaties to which the Parties are parties and the national legislation of the Parties.
Article 5
Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned.
Article 6
This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which it is a party.
Article 7
This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force. For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.
Article 8
By agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol.
Article 9
After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States by submitting an instrument of accession to the depositary. For the acceding State, the Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.
Article 10
This Agreement is concluded for an indefinite period. Each of the Parties may withdraw from this Agreement by sending a written notification of its intention to the depositary no later than 6 months before the withdrawal date and settling financial and other obligations that have arisen during the validity of this Agreement.
Done in Dushanbe on September 3, 2011, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.
For the Republic of Azerbaijan For the Russian Federation For the Republic of Armenia For the Republic of Tajikistan For the Republic of Belarus For Turkmenistan For the Republic of Kazakhstan For the Republic of Uzbekistan For the Kyrgyz Republic For Ukraine For the Republic of Moldova
Annex to the Organization Agreement actions of the air defense forces on duty member States of the Commonwealth of Independent States upon receiving information about the hijacking of an aircraft dated September 3, 2011
REGULATION on the procedure for actions of the air defense forces on duty in the member States of the Commonwealth of Independent States upon receiving information about the threat of a terrorist act in the airspace and (or) capture (hijacking) aircraft (aircraft)
I. General provisions
This Regulation on the procedure for the actions of the air defense forces on duty in the member States of the Commonwealth of Independent States upon receiving information about the threat of a terrorist Act in the Airspace and (or) the seizure (hijacking) of an aircraft (aircraft) (hereinafter referred to as the Regulation) defines the procedure for the actions of the governing bodies of the member States of the Commonwealth of Independent States (hereinafter referred to as CIS) when there is a threat of committing a terrorist act in the airspace and (or) hijacking an aircraft (aircraft). The following basic concepts are used in this Regulation: air defense forces on duty in the CIS member states - air defense forces on duty in the air force (air defense forces, air force and air defense forces, air defense forces) of the armed forces of the CIS member States; military control body - command posts (control points) of the armed forces of the CIS member states, performing air defense combat duty tasks; the air traffic services authority (hereinafter referred to as the ATS authority) is an air traffic services and (or) flight control body for airspace users that provides air traffic services and (or) flight control for aircraft; The air traffic management authority (hereinafter referred to as the ATM authority) is a specially authorized body of the state designed to plan and coordinate the use of airspace, organize air traffic, ensure the permissive use of airspace, and monitor compliance with national rules for the use of airspace.; operational search and rescue authorities are the bodies responsible for making decisions on the deployment of on-duty aviation forces and search and rescue equipment in order to conduct search and rescue operations.
II. Identification of the threat of a terrorist act in the airspace and (or) hijacking (hijacking) of an aircraft (aircraft)
In order to identify the threat of a terrorist act in the airspace and (or) the seizure (hijacking) of an aircraft (aircraft) by military authorities, in cooperation with law enforcement agencies, security agencies and internal affairs agencies of the CIS member States, data on the situation in the airspace is constantly collected and information about the identified threats is exchanged. The sources of these data may be: the forces and means of the CIS member states that control (explore) the airspace; the ATS, ATM; the crews of aircraft, including the crews of aircraft of the armed forces of the CIS member States, raised to intercept aircraft (aircraft) that violate the order of use of airspace; law enforcement agencies, security agencies and special services of the CIS member States engaged in activities in the field of combating terrorism and ensuring security at air transport facilities; other government agencies and non-governmental organizations of the CIS member States that monitor the situation in the airspace and on aircraft. Officials of the military command bodies, upon receiving information about the threat of a terrorist act in the airspace and (or) the seizure (hijacking) of an aircraft (aircraft), organize: clarifying the information received, carrying out necessary measures by subordinate forces and means to verify information about the seizure of an aircraft (aircraft), the interference of unauthorized persons in actions of the crew and (or) control of the aircraft; informing the operational duty officers (on duty) of the territorial divisions of law enforcement agencies, security agencies, ATM, ATS, within whose boundaries of responsibility there was a threat of committing a terrorist act using an aircraft (aircraft) and (or) there was a seizure (hijacking) of an aircraft (aircraft), and clarifying information about the availability (receipt, confirmation) of additional data on the possible use of an aircraft (aircraft) to commit a terrorist act in airspace and (or) hijacking (hijacking) of an aircraft (aircraft); assessment of the reliability of information on the possible use of an aircraft (aircraft) to commit a terrorist act in airspace and (or) hijacking (hijacking) of an aircraft (aircraft); determining the threat of using an aircraft (aircraft) to commit a terrorist act in the airspace and (or) hijacking (hijacking) an aircraft (aircraft). The threat of committing a terrorist act in the airspace and (or) hijacking an aircraft (aircraft) is determined depending on the results of the assessment and verification of incoming information about the following circumstances: aircraft (aircraft) evades the flight route; the crew of the aircraft (aircraft) does not respond to the instructions (commands) of the ATM, ATS (flight control) authorities; radio communication between the crew of the aircraft (aircraft) and the ATM, ATS (flight control) authorities is lost, and the crew of the aircraft (aircraft) has departed from the procedure provided for in this case; the crew of the aircraft (aircraft) notified the ATM, ATS (flight control) authorities about the act of illegal interference in control; the approach of an aircraft (aircraft) to a restricted area (flight restriction zone) without the permission of the ATM authority or the entry of an aircraft (aircraft) into a restricted area (flight restriction zone) without special permission; the crew of the aircraft (aircraft) does not carry out radio commands from ground control points and (or) radio commands and visual signals transmitted by aircraft of the armed forces of the CIS member states raised to intercept it; operational information has been received (confirmed) on the possible use of an aircraft (aircraft) to commit a terrorist act in airspace and (or) the seizure (hijacking) of an aircraft (aircraft) or the possible seizure of an aircraft (aircraft); the aircraft (aircraft) has been hijacked and controlled by unauthorized persons; direct the threat of committing a terrorist act in the airspace and (or) hijacking an aircraft (aircraft). The reliability of information about the possible use of an aircraft (aircraft) to commit a terrorist act in airspace and (or) the seizure (hijacking) of an aircraft (aircraft), as well as the threat of their commission, is determined by officials of military command bodies in accordance with the procedure established by the national legislation of the Parties.
III. Organization of information exchange in the event of a threat of a terrorist act in the airspace and (or) hijacking of an aircraft (aircraft)
The military management bodies of the air defense forces on duty of the armed forces of the CIS member states organize the exchange of information on the air situation in accordance with international treaties, the plan of interaction of the troops (forces) of the united air defense system of the CIS member states, instructions (regulations) on the procedure for interaction of the air defense forces on duty. If there is a threat of committing a terrorist act using an aircraft (aircraft) and (or) its capture (hijacking), a constant exchange of information is organized between: operational duty officers of the military command bodies; operational duty officers of the military command bodies of the armed forces of the neighboring CIS member states, within the boundaries of responsibility (at the junction of the boundaries of responsibility) where there is a threat of committing a terrorist act in the airspace and (or) hijacking (hijacking) an aircraft (aircraft); operational duty officers of the military command and control bodies and duty officers for the territorial security (internal affairs) bodies of the CIS member states, within whose borders of responsibility there is a threat of committing a terrorist act and (or) hijacking an aircraft (aircraft); operational duty officers of military command bodies, senior duty shifts of the main (national) ATM centers and senior duty shifts of ATM bodies, within the boundaries of whose responsibility there was a threat of committing a terrorist act and (or) hijacking (hijacking) an aircraft (aircraft). At the same time, information is transmitted about the aircraft (flight number, type, registration (on-board) number, call sign of the crew commander, location, actual course, speed and altitude of flight), measures taken, as well as other necessary information. Information is exchanged in Russian. The absence of any of the specified information is not a reason for refusing to transfer information.
IV. Actions of the air defense forces on duty in the CIS member states in the event of a threat of a terrorist act in the airspace and (or) the seizure (hijacking) of an aircraft (aircraft)
If there is a threat of committing a terrorist act in the airspace and (or) hijacking (hijacking) an aircraft (aircraft), including if there is a threat of crossing the state border of a neighboring CIS member state by this aircraft (aircraft): The relevant commanders (chiefs) arrive at the command posts of the military authorities; higher-level and interacting military command authorities, ATM authorities, ATS, law enforcement agencies, security agencies, as well as operational search and rescue authorities on the intended flight route of the aircraft (aircraft) are notified; continuous interaction with ATM authorities, law enforcement agencies and security agencies is organized for coordinated actions regarding the aircraft (aircraft); measures are being taken to identify the aircraft (aircraft), classify it, establish communication with it and transmit instructions to stop the violation; search and rescue forces are being prepared on the intended flight route of the aircraft (aircraft); ground forces and air defense systems are being prepared to perform combat missions on the intended flight route of the aircraft aircraft (aircraft); air defense crews on duty on aircraft of the armed forces of the CIS member states take to the air; the internationally accepted radio commands of ground control points and (or) radio commands, visual signals given by aircraft of the armed forces of the CIS member States raised to intercept, are transmitted to the crew of an aircraft (aircraft) that has been illegally hijacked (hijacked) and (or) poses a threat of committing a terrorist act in airspace; measures are being taken to ensure the safety of the use of airspace; information about the aircraft (aircraft) and measures taken is being transmitted to the military authorities of the neighboring CIS member state in accordance with the plan of interaction of the troops (forces) of the united air defense system, international treaties, as well as instructions on the interaction of air defense duty officers and forces of the CIS member states. In the absence of the possibility of using aircraft of the armed forces of a CIS member State, aircraft of the armed forces of a neighboring CIS member State may be used to prevent the threat of committing a terrorist act using an aircraft (aircraft) and (or) hijacking (hijacking) an aircraft (aircraft). The procedure for crossing the State border and using weapons and military equipment of the armed forces of one State over the territory of another State is determined by international treaties of these States. In the absence of the possibility of using aircraft of the armed forces of the CIS member state, weapons of land-based (ship-based) air defense forces are used. Warning about the use of weapons against an aircraft (aircraft) is carried out using radio communications. Weapons and military equipment for the destruction of an aircraft (aircraft) used to commit a terrorist act are used provided that all necessary measures for its landing have been exhausted in accordance with the national legislation of the Parties. In the absence of reliable information about the seizure (hijacking) of an aircraft (aircraft) and (or) the possible use of the aircraft (aircraft) to commit a terrorist act, weapons and military equipment are not used to kill. During the implementation of measures to prevent the threat of a terrorist act in the airspace and (or) the seizure (hijacking) of an aircraft (aircraft) or the suppression of such a terrorist act in the airspace, the actions of officials are documented (recorded) in accordance with the national legislation of the Parties.
V. Measures to improve cooperation in countering terrorism
In order to improve cooperation, as well as to verify the readiness of military command bodies to act in the event of a threat of a terrorist act in the airspace and (or) the seizure (hijacking) of an aircraft (aircraft), the Coordinating Committee on Air Defense under the Council of Defense Ministers of the Member States of the Commonwealth of Independent States annually develops and conducts joint training on actions of the air defense duty forces of the united air defense system of the CIS member states. I hereby certify that the attached text is an authentic copy of the Agreement on the Organization of Actions by the air Defense Forces of the Member States of the Commonwealth of Independent States upon receiving Information about the hijacking of an aircraft, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which took place on September 3, 2011 in the city of Dushanbe. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.
V. Garkun, First Deputy Chairman of the Executive Committee and Executive Secretary of the CIS
I hereby certify that this text is a certified copy of a certified copy of the Agreement on the Organization of Actions of the Air Defense Duty Forces of the Member States of the Commonwealth of Independent States upon receipt of information about the hijacking of an aircraft committed in Dushanbe on September 3, 2011.
Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan D. Yesentaev
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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