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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BELARUS AND CABINET OF MINISTERS OF UKRAINE

of March 1, 2017

About cooperation in the field of aviation search and rescue *

The government of the Republic of Belarus and the Cabinet of Ministers of Ukraine which are hereinafter referred to as with the Parties

in view of that the Republic of Belarus and Ukraine are participants of the Convention on international civil aviation of 1944 (further – the Convention),

considering the standards and recommended practice of International Civil Aviation Organization concerning cooperation between air search and rescue services (further – search and rescue services) the adjacent states,

understanding the vital value which quick help for people in distress can have,

agreed as follows:

Article 1 Terms and determinations

For the purposes of this agreement the terms and determinations containing in Chapter 1 of Appendix 12 to the Convention are applied.

Article 2 Organization and accomplishment of search and rescue transactions

The organization and accomplishment of search and rescue transactions are performed by the Parties according to this agreement. As basis for the organization and accomplishment of such transactions Appendix 12 to the Convention and the Management on the international aviation and sea search and rescue of International Maritime Organization and International Civil Aviation Organization are applied.

Article 3 of Border of areas of search and rescue, search and rescue services and competent authorities

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

Differentiation of areas of search and rescue has no relation to delimitation of any spaces between the states of the Parties and does not cause them damage.

2. Each Party provides availability in its area of search and rescue of search and rescue services. Such services provide the round-the-clock watch.

3. The competent authorities responsible for implementation of this agreement, are:

from the Belarusian Side – the Ministry of Emergency Situations of the Republic of Belarus;

from the Ukrainian Side – Public service of Ukraine on emergency situations.

The parties report each other through diplomatic channels about the changes concerning them the competent authorities responsible for implementation of this agreement.

Article 4 Legal regulation of actions for search and rescue

Actions for search and rescue in the territory and in airspace of the Republic of Belarus and Ukraine, and also in adjacent areas of flight information are performed according to the legislation and rules of the state of the relevant Party.

The article 5 Operations procedure and interactions in case of aviation incident with the aircraft

1. If the search and rescue service of the state of one Party receives the message on aviation incident or incident in the area of search and rescue, this service immediately takes all necessary actions for search and rescue.

2. If the search and rescue service of the state of one Party receives the message on aviation incident or incident around search and rescue of the state of other Party, this service immediately informs search and rescue service of the state of other Party on such incident or incident.

3. If the search and rescue service has states of one Party in the situation specified in Item 1 of this Article there was need for the help of search and rescue service of the state of other Party, she can request such help. In this case the Party which requested the help takes all measures for the fastest admission on the territory of the state of search and rescue forces and means of the state of other Party. Further actions are taken in interaction of search and rescue services of the states of both Parties.

4. The help to any person who is in danger appears irrespective of nationality or the status of such person or circumstances under which such person was revealed.

5. Each Party shall inform other Party on all the incidents which occurred in its area of search and rescue with participation of the aircrafts registered in the state of other Party and the taken measures.

6. Each Party informs diplomatic or consular representation of the state of other Party on rescuing survived or finding of the died persons – citizens of the state of other Party. Information is transferred without delay with indication of (whenever possible) surname, name, birth date, the home address, details of the identity document, and also data on the state of health and the location of the salvaged persons or about the location of bodies of the dead.

The article 6 Cooperation between search and rescue services

1. The parties strengthen cooperation between search and rescue services of the states. Such cooperation includes, in particular, joint exercises on search and rescue, regular checks of interstate communication channels, mutual visits of experts in search and rescue, exchange of information in the field of search and rescue and experience.

2. Competent authorities of the states of the Parties will approve among themselves procedure for implementation of this agreement.

3. For consideration and the solution of questions of practical cooperation within this agreement competent authorities of the states of the Parties can hold as required meetings serially in the Republic of Belarus and Ukraine.

Article 7 Signals and the equipment of aircrafts during search and rescue transactions

1. For timely assistance to the aircrafts which are in distress or injured the international distress signals, urgency, the preventions and signals applied during search and rescue transactions are effective.

2. The list of the technical means which are subject to installation on the aircrafts intended for carrying out search and rescue transactions is determined by the rules accepted by the state of each Party.

Article 8 Expenses on search and rescue transactions

Each Party independently incurs the expenses arising when implementing search and rescue transactions within this agreement around its search and rescue.

Article 9 Influence of This Agreement on Other Agreements

Nothing in this agreement mentions the rights and obligations of each of the Parties following from other international treaties which participant is its state.

Article 10 Resolution of disputes

Any dispute between the Parties over interpretation or application of this agreement is solved by negotiations between competent authorities of the states of the Parties. If competent authorities do not come to the agreement, such dispute is solved through diplomatic channels.

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