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

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The Law of the Republic of Kazakhstan dated March 27, 1997 N 86-I

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of Malaysia on Air Services, signed in Almaty on July 18, 1996.

President of the Republic of Kazakhstan

agreement BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF MALAYSIA ON AIR SERVICE

(Official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan - Entered into force on April 11, 2003)

The Government of the Republic of Kazakhstan and the Government of Malaysia, hereinafter referred to in this Agreement as the "Contracting Parties", being parties to the Convention on International Civil Aviation, opened for signature in Chicago on December 7, 1944, wishing to conclude an Agreement, in addition to the said Convention, with the aim of establishing regular air services between the respective territories of their States and beyond limits, wishing to ensure a high level of safety of international air transport; have agreed on the following:  

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 Annexes or Conventions pursuant to Articles 90 and 94 of the Convention, if these Annexes and amendments have been accepted by both Contracting Parties.; B) the term "aviation authorities" means, in relation to the Government of the Republic of Kazakhstan, the Ministry of Transport and Communications of the Republic of Kazakhstan, in relation to the Government of Malaysia, the Ministry of Transport of Malaysia, or any other person or organization legally authorized to perform functions currently performed by these authorities; (c) The term "designated airline" means an airline or an airline designated and authorized by one of the Contracting Parties, in accordance with Article 3 of this Agreement, to operate flights on the routes specified in the Annex to this Agreement; (d) The term "territory", "air service", "international air service", "airline" and "stop for non-commercial purposes" have the meanings specified in Articles 2 and 96 of the Convention; (e) The term "tariffs" means the prices paid for the carriage of passengers, baggage and cargo, and the conditions under which these prices apply, including fees and other additional payments for agency services or for the sale of transport documents, but excluding payments and conditions for the carriage of mail; (f) The term "Appendix" means a Table The Routes to this Agreement or any other Annex adopted in accordance with the provisions of paragraph 2 of Article 16 of this Agreement. 2. This Application is an integral part of this Agreement and any references to this Agreement will be considered as references to the Application.

 Article 2 GRANTING OF TRANSPORTATION RIGHTS 1. Each Contracting Party grants the other Contracting Party the following rights specified in this Agreement in order to operate flights on the routes specified in the Route Table of the Annex to this Agreement (hereinafter referred to as "contractual lines" and "established routes"). 2. According to the provisions of this Agreement, any designated airline of each Contracting Party will enjoy the following rights: a) to fly through the territory of their State without landing; B) landing on the territory of their States for non-commercial purposes; c) loading and unloading on the above-mentioned territory at the points specified in the Annex to this Agreement, passengers, baggage, cargo and mail traveling to or from points on the territory of the State of the other Contracting Party; 3. Nothing in paragraph 2 of this Article shall be considered as granting the right to an airline of one Contracting Party to take on board passengers, cargo and 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. 4. If, as a result of armed conflict, political unrest or events, or special and unusual circumstances, the designated airline of one Contracting Party is unable to operate the line on its usual route, the other Contracting Party will make every effort to maintain the operation of such line on the appropriate, temporarily modified routes.  

Article 3 APPOINTMENT OF AN AIRLINE AND USE OF AUTHORITY 1. Each Contracting Party will have the right to designate one or more airlines to operate the contract line along the established routes, notifying the other Contracting Party in writing. 2. Upon receipt of such notification, the aviation authorities of the other Contracting Party, in accordance with the provisions of paragraphs 3 and 4 of this Article, will immediately provide each designated airline with appropriate flight permits. 3. The aviation authorities of one Contracting Party may require evidence from an airline designated by the other Contracting Party that it is capable of fulfilling the conditions prescribed by the laws and regulations normally and reasonably applied by that Contracting Party in accordance with the provisions of the Convention when operating international commercial air lines. 4. Each Contracting Party has the right to refuse to grant permission for the flights referred to 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 the actual control over this airline belongs to the Contracting Party that designated this airline, or to its citizens. 5. The airline so designated and authorized may at any time begin operating the contractual lines, provided that the tariffs established in accordance with the provisions of Article 11 of this Agreement are put into effect. 6. Each Contracting Party has the right to temporarily suspend the use of the rights granted to any airline specified in paragraph 2 of Article 2 of this Agreement, or to require the fulfillment of such conditions as it deems necessary when exercising these rights in any case, if this airline does not comply with the laws and regulations of the Contracting Party granting it these rights, or if the airline does not comply with the conditions prescribed by this Agreement in any other way. If an immediate temporary suspension or a requirement to comply with the conditions is not necessary to prevent further violations of laws and regulations, such a right will be used only after consultation with the other Contracting Party.

 Article 4 EXEMPTION FROM CUSTOMS DUTIES AND OTHER CHARGES 1. The aircraft of the designated airline of each Contracting Party used for international transportation, as well as their service equipment, fuel supplies, lubricants and on-board supplies, which are finished products (souvenirs, food, beverages and tobacco products) on board such aircraft, will be exempt from all customs duties and inspection fees. and other duties and taxes upon arrival in the territory of the State of the other Contracting Party, if such equipment and supplies remain on board the aircraft until then, until they are brought back. 2. Fuel stocks, lubricants, spare parts, service equipment and supplies on board an aircraft imported into the territory of one Contracting Party by or on behalf of an airline of the other Contracting Party, or taken on board an aircraft operated by such designated airline and intended for use on international routes, will be exempt from all national duties. and fees, including customs duties and inspection fees imposed on the territory of the first Contracting Party, even if these materials are used on a section of the route passing within the territory of the Contracting Party where they are taken on board. The above materials will be under customs supervision or control. 3. 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 State of the other Contracting Party only with the permission of the customs authorities of that Contracting Party. In this case, they may be placed under the supervision of the aforementioned customs authorities until they are returned or receive another destination in accordance with Customs regulations. 4. Fuel, lubricants, spare parts, service equipment of an aircraft taken on board an aircraft of one Contracting Party in the territory of the State of the other Contracting Party, as well as used exclusively for flights between two points in the territory of the State of the latter Contracting Party, will be exempt from customs duties, inspection fees and other similar national or local fees and duties..  

Article 5 COMMERCIAL ACTIVITY 1. According to the provisions of the laws and regulations in force in the territory of the States of both Contracting Parties, an airline designated by one Contracting Party in accordance with Article 3 has the right to open representative offices in the territory of the State of the other Contracting Party with the necessary technical, administrative and commercial personnel to carry out air services in accordance with the Annex to this Agreement. 2. Each Contracting Party grants the designated airline of the other Contracting Party the right to sell transportation on the territory of its State directly or, at the discretion of the airline, through its agents. Each airline will have the right to sell such transportation in local currency or, according to national laws and regulations, in freely convertible currency.  

 Article 6 APPLICATION OF LAWS AND REGULATIONS FOR ENTRY AND EXIT 1. The laws and regulations of a State of one Contracting Party governing the arrival and departure from its territory of an aircraft operating international air services will apply to the designated airline of the other Contracting Party. 2. The laws and regulations of the State of one Contracting Party governing entry (import), temporary stay and exit (export) passengers, crew, cargo or mail, such as entry (import), exit (export), emigration and immigration formalities, as well as customs regulations and sanitary measures, will be applied to passengers, crew, cargo or mail transported by aircraft of a designated airline of the other Contracting Party, during the time of their stay in the mentioned territory. 3. Passengers, baggage and cargo traveling in direct transit through the territory of a State 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. 4. None of the Contracting Parties may grant a preferential right to its designated airline in relation to the designated airline of the other Contracting Party in the application of the laws and regulations provided for in paragraphs 1 and 2 of this Article.

 Article 7 REGULATION OF TRAFFIC VOLUME 1. The designated airline of each of the Contracting Parties will be provided with favorable and equal conditions for the operation of contractual lines on established routes between the respective territories of their States. 2. When operating contractual lines, the designated airlines of each Contracting Party must take into account the interests of the designated airlines of the other Contracting Party in order not to prejudice the transportation of the last airline that operates the airline on the same route or part of it. 3. The contractual lines operated by the designated airlines of the Contracting Parties should meet the public needs for transportation along the established routes, and each airline should have the primary task of providing such a volume of transportation that would meet the existing and reasonably anticipated needs for the transportation of passengers, cargo and mail traveling from or to the territory of the State of the Contracting Party designating the airline. The conditions of transportation of passengers, cargo and mail loaded and unloaded at points on established routes in the territories of third countries will comply with the general principle that the volume of transportation will depend on: a) the transportation needs between the country of origin and the countries of destination; B) the transportation needs of the area through which the contract airline passes (-i), taking into account the local and regional airlines established by the airlines of the States located in the area; c) the requirements for the transfer of passengers, baggage, cargo and mail between airlines. 4. The aviation authorities of each Contracting Party will periodically jointly take appropriate measures for the practical application of the provisions specified in this Article for flights on designated routes by designated airlines.  

Article 8 TARIFFS 1. Tariffs for transportation on any contractual line will be set within reasonable limits, taking into account all relevant factors, including operating costs, reasonable profits and tariffs of other airlines charged on any section of the established routes. These tariffs will be approved in accordance with the provisions of this Article. 2. Tariff reconciliation, if both designated airlines are members of IATA, will, if possible, be achieved through the use of procedures applied in this organization. If such an agreement is not possible, the fares for each established route will be agreed between the designated airlines. In any case, the tariffs will be submitted for approval by the aviation authorities of the Contracting Parties. 3. If the designated airlines are unable to reach agreement on tariffs, or the aviation authorities of the Contracting Parties have not approved the tariffs submitted to them for approval in accordance with the provisions of paragraph 2 of this Article, they will attempt to reach an agreement on these tariffs through consultations. 4. If an agreement to approve a tariff in accordance with paragraph 3 of this Article is not possible, the dispute will be resolved in accordance with the provisions of Article 15 of this Agreement. 5. No new or amended tariff will enter into force without the approval of the aviation authorities of both Contracting Parties, or the decision of the Arbitration Court in accordance with Article 15 of this Agreement. For the period of approval of tariffs, in accordance with the provisions of this Article, their temporary application will be permitted.

 Article 9 RECOGNITION OF CERTIFICATES AND CERTIFICATIONS 1. Certificates of airworthiness, qualification certificates and certificates, the validity of which has not expired, issued or recognized as valid by one of the Contracting Parties, are recognized as valid by the other Contracting Party. 2. Each Contracting Party, however, reserves the right to refuse recognition, in relation to flights over the territory of its State, of qualification certificates and certificates issued to its citizens or recognized as valid for them by another Contracting Party or a third State.

Article 10 FEE RATES Neither Contracting Party will impose or permit the imposition of fees on the designated airline of the other Contracting Party for the provision of services in excess of the fees it imposes on its own designated airlines operating such international air services.  

 Article 11 AVIATION SAFETY 1. In accordance with their rights and obligations under international law, the Contracting Parties confirm their commitment to each other to protect the safety of civil aviation from acts of unlawful interference. Without limiting the general applicability of their rights and obligations under international law, the Contracting Parties will 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 Acts against the Safety of Civil Aviation, signed in Montreal on September 23, 1971, as well as any other Aviation Safety Convention to which both Contracting Parties have acceded. 2. At the request of the Contracting Parties, they will provide each other with all necessary assistance to prevent acts of unlawful seizure of civil aircraft and other illegal acts directed against the safety of 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 Contracting Parties.; They will require that the maintenance personnel of the aircraft of their registration, the maintenance personnel of the aircraft, whose main place of business or permanent residence is located on the territory of their States, and the maintenance personnel of airports on the territory of their States act in accordance with such provisions on aviation security. Each Contracting Party will inform the other Contracting Party of the differences between its national regulations, laws and the above-mentioned aviation safety provisions. Each Contracting Party may require the other Contracting Party to immediately consult and discuss such differences. 4. Each Contracting Party agrees that the other Contracting Party may require aircraft maintenance personnel to comply with the aviation safety regulations and requirements provided by that other Contracting Party for entry, exit and stay within the territory of its State. Each Contracting Party will ensure the effective application of appropriate measures within its territory to protect aircraft and check passengers, crew, hand luggage, baggage, cargo and on-board supplies before and during boarding or loading. Each Contracting Party shall consider favourably any request from the other Contracting Party for the adoption of reasonable special security measures in connection with a specific threat. 5. When there is an incident or threat of an incident related to the illegal seizure of a civil aircraft or other illegal acts directed against the safety of aircraft, their passengers and crew, airports or air navigation facilities. The Contracting Parties will assist each other by facilitating communication and taking other appropriate measures to prevent such an incident or its threat quickly and safely.

Article 12 TRANSFER OF INCOME Each Contracting Party grants the designated airline of the other Contracting Party the right to transfer the difference between income and expenses received in the territory of the State of the first Contracting Party. The procedure for such a transfer will be based on the official, effective exchange rate of currencies, in accordance with the rules of the Contracting Party in whose territory the income was received.  

 Article 13 INFORMATION AND STATISTICS The aviation authorities of one Contracting Party, at the request of the aviation authorities of the other Contracting Party, will provide periodic or other statistical data that may be requested for the purpose of determining the volume of traffic on contract lines operated by the designated airline of the first Contracting Party. Such data will include all the information necessary to determine the volume of traffic carried out by the designated airline on the contractual lines.  

Article 14 CONSULTATIONS Each Contracting Party may at any time request consultations on any issue related to this Agreement. Such consultations should begin within a 60-day period from the date of receipt by the other Contracting Party of the written request, unless otherwise agreed by the Contracting Parties.

 Article 15 SETTLEMENT OF DISPUTES 1. Any dispute arising between the Contracting Parties in connection with the interpretation or application of this Agreement will be settled primarily through negotiations. 2. If the Contracting Parties do not reach an agreement in the negotiations, the dispute, at the request of one of the Contracting Parties, will be referred to the Arbitral Tribunal, for which each of the Contracting Parties appoints an arbitrator from its side. The appointed arbitrators shall determine the third arbitrator, who shall assume the duty of Chairman of the Arbitration. The Contracting Parties shall appoint their own arbitrator within 60 days from the date of receipt through diplomatic channels of the notification of the proposal to resolve the disputed issues through Arbitration. The Chairman of the Arbitration is appointed within the next 60 days. 3. If one of the Contracting Parties does not appoint its own arbitrator, or the third member of the Arbitral Tribunal is not appointed at the appointed time. The Contracting Parties may request the Chairman of the Council of the International Civil Aviation Organization to appoint arbitrators or the Chairman of the Arbitration. In any case, the third arbitrator will be a citizen of a third country and will be the Chairman of the Arbitration. 4. The Contracting Parties undertake to implement the decisions taken pursuant to paragraph 2 of this Article. 5. If one of the Contracting Parties or the designated airline of either Contracting Party does not comply with the Arbitration award, the other Contracting Party has the right to limit, suspend or revoke any rights and benefits granted by this Agreement to the other Contracting Party for non-compliance with this decision.

Article 16 AMENDMENTS 1. If one of the Contracting Parties considers it appropriate to amend any provision of this Agreement, it may request advice from the other Contracting Party. Such consultation must begin within 60 days of the date of receipt of such request. 2. Any amendments to this Agreement agreed upon between the Contracting Parties shall enter into force after the exchange of diplomatic notes.

Article 17 MULTILATERAL AGREEMENTS In case of accession of the Contracting Parties to any multilateral Convention on Air Transport, this Agreement should be amended in accordance with the provisions of such Convention.  

 Article 18 TERMINATION OF THE VALIDITY PERIOD Each Contracting Party may at any time notify the other Contracting Party in writing of its intention to terminate this Agreement. Such notification will be simultaneously transmitted to the International Civil Aviation Organization. This Agreement will terminate 12 months after the receipt of the notification by the other Contracting Party, unless this notification is withdrawn by agreement before the expiration of this period. In the absence of confirmation of receipt by the other Contracting Party, the notification will be considered received fourteen (14) days after receipt of the notification by the International Civil Aviation Organization.

Article 19 REGISTRATION This Agreement and any amendments referred to in Article 16 will be registered with the Council of the International Civil Aviation Organization.  

 Article 20 TITLES OF ARTICLES The titles of the articles of this Agreement are used only for convenience and reference to them, and will not affect the interpretation of the articles of this Agreement.

 Article 21 ENTRY INTO FORCE This Agreement is subject to ratification in accordance with the constitutional requirements of the State of each Contracting Party and shall enter into force on the date of the exchange of instruments of ratification by the Contracting Parties. In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in Almaty, July 18, 1996, in Kazakh, Malay, Russian, and English, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will be guided by the English text.

For the Government For the Government of THE REPUBLIC OF KAZAKHSTAN MALAYSIA

 THE ROUTE TABLE APPLICATION

TABLE I

The designated airline or airlines of the Republic of Kazakhstan will operate flights on the following routes:

1 2 3 4 Departure Points Intermediate Points to Points outside of Malaysia ___________________ ____________ ____________ _________ Locations in Kazakhstan - Kuala Lumpur -

TABLE II

The designated airline or Malaysian airlines will operate flights on the following routes:

1 2 3 4 Departure Points Intermediate Points to Points beyond points Outside of Kazakhstan _________________ _____________ __________ _________ Points in Malaysia - Almaty -

Note: The effective performance of flights, frequencies and use of transportation rights granted to designated airlines of each Contracting Party will be agreed upon between the aviation authorities of both Contracting Parties.

President

Republic of Kazakhstan

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