On the ratification of the Agreement on Transit in International Air Services

Home / RLA / On the ratification of the Agreement on Transit in International Air Services

Law of the Republic of Kazakhstan dated May 7, 2007 No. 246

To ratify the International Air Transit Agreement signed in Chicago on December 7, 1944.

President of the Republic of Kazakhstan

Agreement on Transit in International Air Services Signed in Chicago, December 7, 1944.

The States that have signed and accepted this Agreement on Transit in International Air Services, being members of the International Civil Aviation Organization, declare the following:

Article 1

Section 1

Each Contracting State grants the other Contracting States the following air freedoms with respect to scheduled international air services: (1) the privilege of flying through its territory without landing; (2) the privilege of landing for non-commercial purposes. The privileges provided for in this section do not apply to airports used for military purposes that exclude any international air traffic. In areas of active military operations or military occupation, as well as during the war, the exercise of such privileges on supply routes leading to such areas is subject to the approval of the competent military authorities.

Section 2

The exercise of the above privileges is carried out in accordance with the provisions of the Interim Agreement on International Civil Aviation and after it enters into force in accordance with the provisions of The Convention on International Civil Aviation, drawn up in Chicago on December 7, 1944.

Section 3

A Contracting State that grants airlines of another Contracting State the privilege of landing for non-commercial purposes may require these airlines to provide reasonable commercial services at the points where such landings are carried out. Such a requirement does not entail any discrimination between airlines operating on the same route, takes into account the capacity of the aircraft and is implemented in such a way as not to prejudice the normal operation of the relevant international air services or the exercise of the rights and obligations of any Contracting State.

Section 4

Each Contracting State may, subject to the provisions of this Agreement: (1) determine the route within its territory for any international air service and the airports that may be used in any such service; (2) impose or authorize the imposition of fair and moderate charges for the use of such airports and other facilities in any such service.; These fees shall not exceed the fees charged for the use of such airports and facilities by its national aircraft engaged in such international air services, provided that, upon submission by the Contracting State concerned, the fees charged for the use of airports and other facilities are subject to review by the Council of the International Civil Aviation Organization established under the above-mentioned Convention, which It contains a report and recommendations for consideration by the State or States concerned.

Section 5

Each Contracting State reserves the right to refuse to issue or revoke a certificate or permit issued to an air transport company of another State, in any case when it is not convinced that the primary ownership and effective control are carried out by nationals of a Contracting State, or in the case when such an air transport company does not comply with the laws of the State over whose territory it is valid either if it fails to fulfill its obligations under this Agreement.

Article 2

Section 1

Any Contracting State that considers that the actions of another Contracting State under this Agreement create unfair or difficult conditions for it may request the Council to investigate this provision. After that, the Council considers this issue and holds consultations with the States concerned. If such consultation does not resolve the difficulty, the Council may submit relevant conclusions and recommendations to the Contracting States concerned. If, in the opinion of the Council, the Contracting State concerned subsequently fails to take appropriate remedial measures without due justification, the Council may recommend to the Assembly of the aforementioned Organization that such Contracting State be temporarily deprived of its rights and privileges under this Agreement until such measures are taken. The Assembly, by a two-thirds vote, may thus deprive that Contracting State of its rights and privileges for such period of time as it deems necessary, or until the Council considers that such State has taken remedial measures.

Section 2

If any disagreement between two or more Contracting States concerning the interpretation or application of this Agreement cannot be settled through negotiations, the provisions of Chapter XVIII of the aforementioned Convention shall apply in the same manner as provided for therein in respect of any disagreement concerning the interpretation or application of the aforementioned Convention.

Article 3

This Agreement shall remain in force as long as the aforementioned Convention is in force, provided, however, that any Contracting State Party to this Agreement may denounce it by giving one year's notice to the Government of the United States of America, which shall immediately notify all other Contracting States of such notification and withdrawal from the Agreement.

Article 4

Prior to the entry into force of the aforementioned Convention, all references to it contained here, except those contained in section 2, Articles 2 and in Article 5, are considered to be references to the Interim Agreement on International Civil Aviation, drawn up in Chicago on December 7, 1944; and references to the International Civil Aviation Organization, the Assembly and the Council They are considered as references to the Provisional International Civil Aviation Organization, the Provisional Assembly and the Provisional Council, respectively.

Article 5

For the purposes of this Agreement, the "territory" is defined as set out in article 2 of the aforementioned Convention.

Article 6 States that have accepted and signed the Agreement

The undersigned delegates to the Conference on International Civil Aviation, convened in Chicago on November 1, 1944, have signed this Agreement, bearing in mind that the Government of the United States of America will be informed as soon as possible by each of the Governments on whose behalf the Agreement is signed, whether the signature on its behalf signifies acceptance by that Government. Agreements and obligations for him. Any Member State of the International Civil Aviation Organization may accept this Agreement as an obligation for it by notifying the Government of the United States of its acceptance, and such acceptance shall take effect on the date of receipt of such notification by that Government. This Agreement shall enter into force between the Contracting States after its acceptance by each of them. Subsequently, it will be binding on every other State that has notified its acceptance to the Government of the United States, from the date of receipt of such notification by that Government. The Government of the United States shall inform all signatory and accepting States of all dates of acceptance of the Agreement and the date of its entry into force for each accepting State.

IN WITNESS WHEREOF, the undersigned, duly authorized representatives, have signed this Agreement on behalf of their respective Governments and the dates indicated against their respective signatures. DONE in Chicago on the seventh day of December, 1944, in English. The text, written in English, French and Spanish, each of which is equally authentic, shall be opened for signature in Washington, DC. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be sent by that Government to the Governments of all States that may sign or accept this Agreement.

I hereby certify that the text of the Agreement on Transit in International Air Services signed on December 7, 1944 in Chicago in Russian is the authentic text of the Agreement on Transit in International Air Services signed on December 7, 1944 in Chicago in English.

Director of the Department of External Relations and Transit Policy

RCPI note: The following is the text of the Agreement on Transit for International Air Services in English.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases