On the Ratification of the Protocol concerning the Amendment of the Convention on International Civil Aviation (Article 83 bis)

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Law of the Republic of Kazakhstan dated May 4, 2001 No. 188

To ratify the Protocol concerning the Amendment of the Convention on International Civil Aviation (Article 83 bis), done in Montreal on October 6, 1980.

President

Republic of Kazakhstan

Protocol

concerning the amendment of the Convention on

International Civil Aviation  

(Article 83 bis)

Signed in Montreal on October 6, 1980

International Civil Aviation Organization

The Assembly of the International Civil Aviation Organization, having met for its 23rd session in Montreal on October 6, 1980, Having taken note of resolutions A21-22 and A22-28 on aircraft leasing, chartering and exchange during international flights,

Having taken note of the draft amendment to the Convention on International Civil Aviation prepared by the 23rd session of the Legal Committee, Noting that the Contracting States express a common desire to develop a provision on the transfer of certain functions and responsibilities by the State of registry to the State of the aircraft operator in the case of leasing, chartering and exchanging aircraft or any similar actions with respect to such aircraft, Considering it necessary to amend the Convention on International Civil Aviation for the above purposes, a prisoner in Chicago on December 7, 1944,

1. Approves, in accordance with the provisions of Article 94 (a) of the aforementioned Convention, the following proposed amendment to the said Convention: insert after Article 83 the following new Article 83 bis: "Article 83 bis Transfer of certain functions and responsibilities (a) Notwithstanding the provisions of Articles 12, 30, 31 and 32 (a), in the event that an aircraft registered in a Contracting State is operated in accordance with a lease agreement, chartering or mutual exchange of aircraft or in accordance with any similar agreement by an operator whose principal place of business or, if he does not have such a place of business, whose permanent residence is in another Contracting State (the State of registration may, by agreement with such other State, transfer to him all or part of its functions and duties as the State of registration in respect of this aircraft, as provided for in Articles 12, 30, 31 and 32 (a). The State of registration is relieved of responsibility in relation to the transferred functions and duties. (b) The transfer will have no effect in respect of other Contracting States until the agreement between the States providing for the transfer has been registered with the Council and published in accordance with Article 83, or until the existence and subject matter of the agreement have been directly communicated to the authorities of the other Contracting State or States concerned. - a party to the agreement. (c) The provisions of paragraphs (a) and (b) mentioned above also apply to the cases provided for in Article 77.",

2. Establishes, in accordance with the provisions of the said article 94 (a) of the said Convention, that the said amendment shall enter into force upon its ratification by ninety-eight Contracting States, and

3. Decides that the Secretary-General of the International Civil Aviation Organization shall draw up a Protocol in English, French, Russian and Spanish, the texts of which shall be equally authentic and incorporate the above-mentioned amendment and the provisions set out below: The Protocol shall be signed by the President of the Assembly and its Secretary General; (b) The Protocol is open for ratification by any State that has ratified or acceded to the said Convention on International Civil Aviation.; (c) Instruments of ratification shall be deposited with the International Civil Aviation Organization; (d) The Protocol shall enter into force for the States that have ratified it on the date of deposit of the ninety-eighth instrument of ratification; (e) The Secretary-General shall immediately notify all Contracting States of the date of deposit of each instrument of ratification of the Protocol; (f) The Secretary-General Immediately notify all States Parties to the said Convention of the date of entry into force of the Protocol.; (g) In respect of any Contracting State that has ratified the Protocol after the aforementioned date, the Protocol shall enter into force upon the deposit of its instrument of ratification with the International Civil Aviation Organization. As a result, in accordance with the above-mentioned actions of the Assembly. This Protocol has been drawn up by the Secretary General of the Organization.

In witness whereof, the President and the Secretary General of the aforementioned twenty-third session of the Assembly of the International Civil Aviation Organization, authorized thereto by the Assembly, have signed this Protocol.

Done at Montreal on the sixth day of October, one thousand nine hundred and eighty, in the form of a single document in the Russian, English, Spanish and French languages, the text in each of them being equally authentic. This Protocol remains in the archives. of the International Civil Aviation Organization, and a certified copy thereof shall be sent by the Secretary General of the Organization to all States parties to the Convention on International Civil Aviation, done at Chicago on the seventh day of December of the year one thousand nine hundred and forty-four.

Chairman General

23rd session of the Assembly Secretary

(Experts: Umbetova A.M.,

Martina N.A.)

President

Republic of Kazakhstan

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