On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Islamic Republic of Iran on Air Services

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Islamic Republic of Iran on Air Services

Law of the Republic of Kazakhstan dated June 26, 1996 No. 11-1

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Islamic Republic of Iran on Air Services, signed in Tehran on May 12, 1993.

President of the Republic of Kazakhstan

Agreement between the Government of the Republic of Kazakhstan and By the Government of the Islamic Republic of Iran on air services

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on July 12, 1996)

The preamble: The Government of the Republic of Kazakhstan and the Government of the Islamic Republic of Iran, hereinafter referred to as the Contracting Parties that signed the provisions of the Convention on International Civil Aviation in Chicago on December 7, 1944, wishing equally to conclude an Agreement with a view to establishing and implementing regular air services between their respective territories, have agreed as follows:

 Article 1 Definitions For the purposes of this Agreement, unless the context otherwise requires: (a) The term "Convention" means the Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, and includes any Annex pursuant to article 90 of that Convention and any amendment to the Annex or to the Convention pursuant to Articles 90 and 94, insofar as this is valid for both Contracting Parties.; (b) The term "aviation authorities" means, in relation to the Islamic Republic of Iran, the Chief Administrator of the Civil Aviation Organization and any person or body authorized to perform any functions currently performed by the said organization or similar functions, and in relation to the Republic of Kazakhstan, the Ministry of Transport of the Republic of Kazakhstan and any person or body authorized to perform any functions currently performed by the aforementioned bodies, or similar functions; (c) The term "designated airline" means an airline that has been designated and authorized in accordance with the provisions of Article 3 of this Agreement; (d) The term "capacity" in relation to an aircraft means the full cargo of that aircraft located on a route or part of a route, and the term "capacity" with the term "contractual lines" means the volume of traffic of an aircraft used on such a line multiplied by the frequency of flights operated by that aircraft during a given period on the route or part of the route; (e) The term "territory" in relation to a State means the land and territorial waters under the sovereignty of that State; (f) The terms "air traffic", "international air traffic", "airline" and "stopover for non-commercial purposes" have the meanings given to them respectively in Article 96 of the Convention; (g) the term "The "Appendix" is a modifiable document regarding the terms of use of the airlines and contains the same obligations as the articles of this Agreement. It is accepted that the names given to the articles of this Agreement will not limit or expand the meaning of the provisions of this Agreement.  

Article 2 Granting rights 1. Each Contracting Party grants the other Contracting Party the following rights specified in this Agreement for the establishment of scheduled international air services to a designated airline of the other Contracting Party: a) the right to fly without landing through the territory of the other Contracting Party; b) the right to land on its territory for non-commercial purposes; (c) The right to land on its territory at the points indicated for that route in the tables of established routes attached to this Agreement for the purpose of loading and unloading passengers, cargo and mail. 2. Nothing in the provisions of this Agreement shall be considered as granting the right to an airline of one Contracting Party to take on board passengers, cargo or mail on the territory of the other Contracting Party on lease or for remuneration and intended for transportation to another point in the territory of the other Contracting Party. 3. In war zones or military attacks, or areas damaged as a result, the provision of such services will be subject to the approval of competent authorities.

Article 3 Appointment and authority 1. Each Contracting Party will have the right to appoint in writing to the other Contracting Party one airline to operate the contractual lines on the established routes. 2. Upon receipt of such notification, the competent authorities of the other Contracting Party, in accordance with paragraphs 3 and 4 of this Article, will submit an appropriate decision to the designated airline without delay. 3. The aviation authorities of one Contracting Party may require an airline designated by the other Contracting Party to prove that it is capable of complying with the conditions prescribed by the laws and regulations normally applied in international air traffic by those authorities in accordance with the provisions of the Convention. 4. Each Contracting Party shall have the right to refuse to grant the operation specified in paragraph 2 of this Article or to require the fulfillment of such conditions as it deems necessary when the designated airline uses the rights specified in Article 2 of this Agreement, in any case when the said Contracting Party does not have evidence that the preferential ownership and effective Control over this airline belongs to the Contracting Party that designated this airline or to the citizens of such Contracting Party. 5. At any time after the provisions of paragraphs 1 and 2 of this Article have been agreed, the airline thus designated and authorized to begin operating contractual communications, provided that such communications will be operated if the tariffs established in accordance with the provisions of Article 10 of this Agreement relate to these communications, are put into effect..  

 Article 4 Cancellation and suspension of a permit 1. Each Contracting Party will have the right to revoke the operating permit or suspend the use of the rights referred to in Article 2 of this Agreement granted to the designated airline of the other Contracting Party, or to require the fulfillment of such conditions as it deems necessary in the exercise of these rights: a) in any case, if it is not convinced that the preferential ownership and effective control over this airline belongs to the Contracting Party that designated the airline, or to the citizens of this Contracting Party.; or b) in the event that the airline does not comply with the laws and regulations of the Contracting Party that granted these rights; or c) in the event that the airline does not comply in any other way in accordance with the conditions prescribed by this Agreement. 2. Unless the immediate cancellation, suspension, or requirement to fulfill the conditions specified in paragraph 1 of this Article is necessary to prevent further violations of laws and regulations, such a right will be used only after consultation with the other Contracting Party.

 Article 5 Application of laws and regulations 1. The laws and regulations of one Contracting Party governing the arrival and departure from its territory of an aircraft performing international air flights, or governing the operation and navigation of such aircraft, or within their territory, will apply to aircraft designated by the airline of the other Con Article 5 Application of laws and regulations 1. The laws and regulations of one Contracting Party governing the arrival and departure from its territory of an aircraft performing international air flights, or governing the operation and navigation of such aircraft, or within their territory, will apply to aircraft designated by the airline of the other Contracting Party. 2. The laws and regulations of The laws and regulations of one Contracting Party governing the arrival, temporary stay and departure of passengers, crews, cargo or mail from its territory, immigration, customs and sanitary rules, as well as rules relating to entry and exit, will apply to passengers, crew, cargo or mail transported by aircraft of a designated airline of the other Contracting Party. The Parties, while they are inside the mentioned territory. 3. Each Contracting Party, at the request of the other Contracting Party, will provide copies of the relevant la Contracting Party, at the request of the other Contracting Party, will provide copies of the relevant laws and regulations referred to in this Article. 4. The designated airline of one Contracting Party will have the right to maintain its own representativuch income after deduction of costs.  5. The transfer of expenses by designated airlines of the Contracting Parties will be carried out in accordance with the currency exchange rules in force in the two countries. The Parties will do everything in their power to transfer such income after deduction of costs.  

 Article 6 Exemption from customs duties and other charges 1. An aircraft of a designated airline of one Contracting Party operated in international traffic shall be provided with fuel, lubricants, spare parts, service equipment and supplies on board such aircraft of an airline of a Contracting Party operated on routes and lines, provided that, under this Agreement, upon arrival and departure from the territory of the other Contracting Party, exempt on the basis of reciprocity from customs duties, inspection fees and other national duties and charges, if such equipment and supplies are used or consumed on an aircraft in flights over that territory. 2. Fuel and lubricants, consumable technical stocks, spare parts, service equipment and stocks imported into the territory of one Contracting Party by the other Contracting Party or its nationals and intended exclusively for use by aircraft of such Contracting Party will be exempt on the basis of reciprocity from customs duties, inspection fees and other national duties or charges. 3. Fuel, lubricants, other consumable technical supplies, spare parts, service equipment and supplies on board an aircraft designated by an airline of one Contracting Party operating international flights will be exempt on the basis of reciprocity from customs duties, taxes, inspection fees and other national duties or charges. 4. Standard on-board equipment, as well as materials and supplies on board an aircraft of one Contracting Party, may be unloaded on the territory of the other Contracting Party only with the permission of the customs authorities of that Party. In this case, they can be placed under the supervision of the mentioned authorities until they are taken back or receive another destination in accordance with customs regulations. 5. Passengers, baggage and cargo traveling in direct transit through the territory of one Contracting Party and not leaving the area of the airport designated for this purpose will be subject only to simplified control. Baggage and cargo in direct transit will be exempt from customs duties and other similar taxes. 6. All official documents and related airline logos such as baggage labels, airline tickets, aviation documents, flight charts, schedules imported into the territory of a Contracting Party for the exclusive use of a designated airline of the other Contracting Party will be exempt from duties or taxes on a reciprocal basis.  

 Article 7 Airport fees Each of the Contracting Parties may or may not charge fees for the use of the airport and other facilities and facilities under its control. Each of the Contracting Parties agrees, however, that such fees will not be higher than those charged for the use of such airports and facilities from other aircraft operating similar international flights.  

Article 8 Volume of traffic and flight schedule 1. The designated airline of the Contracting Parties shall be provided with fair and equal operating conditions for the contractual lines along the established routes. 2. In the operation of contractual lines, the designated airline of each Contracting Party shall take into account the interests of the airline of the other Contracting Party in such a way that there is no case of undue negative impact on the service procedures that the latter Party provides on all or part of the same route. 3. In accordance with the principles set out in paragraphs 1, 2 and 3 of this Article, a designated airline of one Contracting Party may also provide a volume of transportation that meets the transport requirements for the territories of third countries listed in the table of routes attached to this Agreement for the other Contracting Party. 4. The volume of traffic provided by the designated enterprises of the Contracting Parties on the contractual lines will be closely linked to the estimated requirements for air transportation between the specified points. The frequency and schedule of flights operated by each airline and the types of vessels used will be agreed upon between the airlines based on the principle of fair and equal opportunities. 5. The volume of traffic, including the frequency of flights and the type of aircraft used by the designated airlines of the Contracting Parties on the contractual lines, will be agreed upon by the aviation authorities based on recommendations made by the designated airline. The designated airlines will implement the recommendations after proper coordination among themselves, taking into account the principles set out in paragraphs 1, 2 and 3 of this Article. 6. The designated airline of each Contracting Party will submit the flight schedule for consideration by the aviation authorities of the other Contracting Party no later than 30 days prior to its entry into force. This will also apply to subsequent changes. In some cases, this period will be shortened in agreement with the aforementioned authorities.

 Article 9 Recognition of certificates and certifications Certificates of airworthiness, qualification certificates and certificates issued or extended by one Contracting Party, which have not expired, shall be recognized as valid by the other Contracting Party for the purpose of operating the routes and lines proposed in this Agreement, provided that such certificates (certificates) and certificates are issued or extended in accordance with the standards established, according to the Convention. Each Contracting Party, however, reserves the right to refuse to recognize, with respect to flights over its territory, the qualification certificates and certificates issued to its citizens or extended by another Contracting Party or any other State.

 Article 10 Air transport fares 1. The tariffs charged by the airlines of the Contracting Parties on the contractual lines will be set within reasonable limits, taking into account all relevant factors, including operating costs, reasonable profits, airline characteristics and tariffs of other airlines operating scheduled services on the entire section or part of the same routes. 2. The tariffs referred to in paragraph 1 of this Article will be established in accordance with the following rules: a) if the designated airlines of both Contracting Parties are members of the International Air Transport Association, which has its own recommendations on the calculation of tariffs, then on the contract lines the tariffs will be established by the designated airlines of the Contracting Parties in accordance with such recommendations on tariffs; (b) If there are no recommendations on tariffs for contractual airlines, or if one or both of the designated airlines of the Contracting Parties are not members of the same aviation association referred to in paragraph (a) of this paragraph, the designated airlines of the Contracting Parties will agree among themselves on the tariffs charged for contractual airlines; (c) the tariffs so agreed will be to be submitted for approval by the aviation authorities of the Contracting Parties no later than 30 days after the expected date of their introduction. This period may be shortened by agreement with the aforementioned authorities.; (d) In the event that the designated airlines of the Contracting Parties cannot reach agreement on tariffs, or if the Contracting Party has not designated an airline for the operation of contractual airlines, or if, during the first 15 days of the 30-day period specified in paragraph (b) of this Article, the aviation authorities of one Contracting Party give the aviation authorities of the other Notification of their dissatisfaction with this fare agreed between the designated airlines of the Contracting Parties in accordance with paragraphs (a) and (b) of this Article., The aviation authorities of the Contracting Parties will try to achieve acceptable tariffs, however, the tariffs will not be effective if the aviation authorities of any Contracting Party do not approve them. 3. Tariffs established in accordance with the provisions of this Article remain in force until new tariffs are established.

Article 11 Aviation safety 1. In accordance with their rights and obligations under international law, the Contracting Parties confirm that their commitment to each other to protect the safety of civil aviation from acts of unlawful interference is an integral part of this Agreement. Without limiting the general applicability of their rights and obligations under international law, the Contracting Parties act in accordance with the provisions of the Convention on Crimes and Certain Other Acts Committed on Board Aircraft, signed in Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed in The Hague on December 16, 1970, and the Convention for the Suppression of Unlawful with illegal acts against the safety of civil aviation, signed in Montreal on September 23, 1971. 2. Upon request, the Contracting Parties shall provide all necessary assistance to each other to prevent acts of unlawful seizure of aircraft and other illegal acts directed against the safety of these aircraft, their passengers and crews, airports and air navigation facilities, as well as any other threat to the safety of civil aviation. 3. The Contracting Parties shall act in their relations in accordance with the aviation safety provisions established by the International Civil Aviation Organization and referred to as Annexes to the Convention on International Civil Aviation, to the extent that such safety provisions are applicable to the Parties.; They will require aircraft operators registered in their territory or aircraft operators whose main place of business or permanent residence is in their territory and airport operators in their territory to act in accordance with such aviation safety regulations. 4. Each Contracting Party agrees that such aircraft operators may be required by the Parties to comply with the aviation safety provisions mentioned above in paragraph 3, which are provided by the other Contracting Party for entry, exit and stay within the territory of that other Contracting Party. Each Contracting Party will ensure the effective application of appropriate measures within its territory to protect aircraft and to check passengers, crew, hand luggage, baggage, cargo and flight attendants before and during boarding or loading. Each Contracting Party shall favourably consider any request from the other Contracting Party to take special security measures in connection with a specific threat. 5. When there is an incident or threat of an incident involving the illegal seizure of an aircraft or other illegal acts against the safety of aircraft, their passengers and crew, airports or air navigation facilities, the Contracting Parties shall assist each other by facilitating communication and taking other appropriate measures to prevent such incident or its occurrence quickly and safely. threats.

Article 12 Provision of statistical data The aviation authorities of either Contracting Party will provide to the aviation authorities of the other Contracting Party, upon their request, such information and statistics as are related to the transportation process performed on contract airlines by the designated airline of the first Contracting Party, and may also, as usual, be prepared and submitted by the designated airline to its national aviation authorities. Any additional traffic statistics that the aviation authorities of one Contracting Party may request from the aviation authorities of the other Contracting Party will be the subject of bilateral discussions and agreements between the two Contracting Parties.  

Article 13 Consultations and amendments 1. Each Contracting Party or its aviation authorities may at any time request consultations with the other Contracting Party or with their aviation authorities. 2. Consultations requested by one of the Contracting Parties or their aviation authorities will take place within a 60-day period from the date of receipt of the request. 3. Any amendments to this Agreement will enter into force after the two Contracting Parties have exchanged notifications with each other on the completion of their necessary procedures related to the entry into force of international Agreements. 4. Notwithstanding the provisions of paragraph 3, changes to the route table attached to this Agreement may be agreed directly between the aviation authorities of the Contracting Parties. They will enter into force after their confirmation through the exchange of diplomatic notes.

Article 14 Dispute settlement 1. Any dispute that arises between the Contracting Parties in connection with the interpretation or application of this Agreement or its Annex, the Contracting Parties will primarily seek to resolve it through negotiations. 2. If the Contracting Parties are unable to reach an agreement through negotiations, they may, by agreement among themselves, refer the dispute to the arbitral tribunal: one arbitrator is nominated by both Parties, and the third arbitrator is appointed by the two chosen. Each of the Contracting Parties shall appoint an arbitrator within 60 days from the date of receipt by each of the Contracting Parties through diplomatic channels of a notification requesting arbitration of the dispute, and a third arbitrator shall be appointed within 60 days following this period. If either Contracting Party fails to appoint an arbitrator within the allotted period, or if a third arbitrator is not identified within the designated period, the other Contracting Party may request the President of the International Civil Aviation Organization to appoint an arbitrator or arbitrators, as required by the circumstances. In all cases, the third arbitrator must be a representative of a third State and act as the chairman of the court and determine the place where the arbitration will be conducted. 3. The Arbitration court will establish its own procedures and decide the allocation of the cost of the proceedings. 4. The Contracting Parties undertake to comply with any decision taken pursuant to this Article. 5. If one of the Contracting Parties or an airline designated by it does not comply with the decisions in accordance with paragraph 4 of this Article, the other Contracting Party may limit, suspend or even revoke those rights and privileges that it previously granted to the other Party in accordance with this Agreement.

Article 15 Termination Each Contracting Party may at any time notify the other Contracting Party in writing of its intention to terminate this Agreement. Such notification is simultaneously transmitted to the International Civil Aviation Organization. In this case, the Agreement will be terminated twelve months after the date of receipt of the notification by the other Contracting Party, unless the specified notice of termination is withdrawn before the expiration of this perArticle 15 Termination Each Contracting Party may at any time notify the other Contracting Party in writing of its intention to terminate this Agreement. Such notification is simultaneously transmitted to the International Civil Aviation Organization. In this case, the Agreement will be terminated twelve months after the date of receipt of the notification by the other Contracting Party, unless the specified notice of termination is withdrawn before the expiration of this period. In the absence of confirmation of receipt by the other Contracting Party, the notification will be deemed correct 14 days after receipt of the notification by the International Civil Aviation Organization.

Article 16 Compliance with the multilateral Convention This Agreement and the relevant Annexes may be supplemented with the necessary amendments in order to comply with any multilateral Convention that may bind both Contracting Parties.

 Article 17 Registration This Agreement, its Annexes and all amendments to it will be registered with the International Civil Aviation Organization.

Article 18 Entry into force of this Agreement and its Annexes, which form an integral part of this Agreement, shall enter into force on the day when both Contracting Parties notify each other that the relevant constitutional requirements for the entry into force of this Agreement have been fulfilled.

In confirmation of the above, this Agreement has been signed by the undersigned, endowed with appropriate governmental powers.

Done in the city of Tehran on May 12, 1993, in two copies, each in English, Kazakh, Farsi and Russian, all texts being identical. In case of divergence of interpretation, the English text shall prevail.

For the Government For the Government of the Republic of Kazakhstan of the Islamic Republic of Iran

 Application

Route table

1. Routes for the designated airline of the Islamic Republic of Iran:

points in the Islamic Republic of Iran - intermediate point - Almaty.

Note: The Iran Air stopover will be determined prior to the start of flights.

2. Routes for the designated airline of the Republic of Kazakhstan:

points in the Republic of Kazakhstan - intermediate point - Tehran.

Note: The Kazakh Civil Aviation Authority will determine the intermediate point before the start of flights.

Both airlines may not include intermediate points and the right to fly may not be carried out between intermediate points and the destination in the territory of the other Contracting Party.

President

Republic of Kazakhstan

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