On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on Cooperation in the field of Aviation Search and Rescue

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The Law of the Republic of Kazakhstan dated June 20, 2017 No. 78-VI.

PRESS RELEASE

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of aviation search and Rescue, signed in Astana on October 15, 2015.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on cooperation in the field of aviation search and Rescue

(Entered into force on July 5, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 4, Article 50)

The Government of the Republic of Kazakhstan and the Government of the Russian Federation, hereinafter referred to as the Parties,

Whereas the Republic of Kazakhstan and the Russian Federation are parties to the 1944 Convention on International Civil Aviation (hereinafter referred to as the Convention),

Considering the standards and recommended practices of the International Civil Aviation Organization concerning cooperation between search and rescue services of neighboring States,

Aware of the vital importance that prompt assistance can have for people in distress,

have agreed on the following:

Article 1

For the purposes of this Agreement, the terms and definitions contained in Chapter 1 of Annex 12 to the Convention, as well as the term "flight information area", having the meaning specified in Chapter 1 of Annex 11 to the Convention, shall apply.

Article 2

1. The organization and execution of search and rescue operations shall be carried out by the Parties in accordance with this Agreement. Annex 12 to the Convention and the Guidelines on International Aviation and Maritime Search and Rescue of the International Maritime Organization and the International Civil Aviation Organization are used as the basis for the organization and execution of such operations.

2. This Agreement does not regulate the organization and performance of maritime search and rescue operations.

Article 3

1. The Parties shall consider the border between the adjacent territories of their States and the adjacent flight information areas as the border between their search and rescue areas.

2. Each Party shall ensure the presence of aviation search and rescue services (hereinafter referred to as search and rescue services) in its search and rescue area. Such services carry out round-the-clock duty.

3. The competent authorities responsible for the implementation of this Agreement are:

from the Kazakh Side - the Ministry of Investment and Development of the Republic of Kazakhstan and government agencies authorized to perform the functions of search and rescue services in accordance with the legislation of the Republic of Kazakhstan;

from the Russian Side - the Ministry of Transport of the Russian Federation or any person or organization authorized to perform the functions performed by this Ministry.

The Parties shall inform each other through diplomatic channels about changes in the competent authorities responsible for the implementation of this Agreement.

Article 4

Search and rescue measures on the territory of the States of the Parties, as well as in the adjacent areas of flight information, are carried out in accordance with the legislation of the State of the relevant Party.

Article 5

1. If the search and rescue service of a State of one Party receives a report of an aviation accident or incident in its search and rescue area, this service immediately takes all necessary search and rescue measures.

2. If the search and rescue service of the State of one Party receives a report of an aviation accident or incident in the search and rescue area of the State of the other Party, this service shall immediately inform the search and rescue service of the State of the other Party of such incident or incident.

3. If the search and rescue service of the State of one Party needs the assistance of the search and rescue service of the State of the other Party in the situation specified in paragraph 1 of this Article, it may request such assistance. In this case, the Party requesting assistance shall take all measures to allow search and rescue forces and facilities of the other Party's State to enter the territory of its State as soon as possible. Further measures are being taken with the cooperation of the search and rescue services of the States of both Sides.

4. Assistance to any person who is in danger is provided regardless of the nationality or status of such person or the circumstances under which that person was discovered.

5. Each Party undertakes to inform the other Party of all incidents involving aircraft registered in the State of the other Party that have occurred in its search and rescue area and of the measures taken.

6. Each Party shall inform the diplomatic mission or consular offices of the State of the other Party about the rescue of survivors or the finding of dead persons - citizens of the State of the other Party. The information is transmitted immediately, indicating (if possible) the last name, first name, date of birth, home address, details of the identity document, as well as information about the health status and location of the rescued persons or the location of the bodies of the deceased.

Article 6

1. The Parties shall strengthen cooperation between the search and rescue services of their States. Such cooperation includes, in particular, joint search and rescue exercises, regular checks of interstate communication channels, mutual visits by search and rescue experts, exchange of search and rescue information and experience.

2. The competent authorities of the States of the Parties shall coordinate among themselves the procedure for the implementation of this Agreement.

3. To consider and resolve issues of cooperation under this Agreement, the competent authorities of the States of the Parties, as necessary (but at least once a year), hold meetings alternately in the Republic of Kazakhstan and the Russian Federation.

Article 7

1. International distress signals, urgency, warnings, and signals used in search and rescue operations are in place to provide timely assistance to aircraft in distress or in distress.

2. The list of technical equipment to be installed on aircraft intended for conducting search and rescue operations is determined by the rules adopted by the State of each Party.

Article 8

Each Party shall independently bear the costs incurred in carrying out search and rescue operations under this Agreement and its area of responsibility.

Article 9

Nothing in this Agreement affects the rights and obligations of each of the Parties arising from other international treaties to which its State is a party.

Article 10

Any dispute between the Parties that has arisen in connection with the interpretation or application of this Agreement shall be resolved through negotiations between the competent authorities of the States of the Parties. If the competent authorities do not reach an agreement, the dispute is resolved through diplomatic channels.

Article 11

1. By mutual agreement of the Parties, amendments may be made to this Agreement, which are its integral parts and are formalized by separate protocols that enter into force in accordance with the procedure provided for in Article 13 of this Agreement.

2. If one of the Parties proposes amendments to this Agreement, the competent authorities of the States of the Parties shall consult on the introduction of such amendments. Consultations should begin within 60 days from the date of receipt of the request for their holding, unless the competent authorities of the States of the Parties agree on a change in this period.

Article 12

This Agreement and any amendments thereto are subject to registration with the International Civil Aviation Organization.

Article 13

This Agreement shall be concluded for an indefinite period and shall enter into force from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.

Article 14

Each Party may at any time notify the other Party through diplomatic channels of its intention to terminate this Agreement.

This Agreement shall terminate 12 months after the date of receipt of such notification by the other Party.

Done in Astana on October 15, 2015, in two copies, each in the Kazakh and Russian languages, both texts being equally authentic.

For the Government of the Republic of Kazakhstan

For the Government Of the Russian Federation

President

Republic of Kazakhstan

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