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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of May 22, 2018 No. 90

About approval of regulations on the State sea agency under the Ministry of transport, communication and high technologies of the Azerbaijan Republic and about the State agency of civil aviation under the Ministry of transport, communication and high technologies of the Azerbaijan Republic

(as amended of the Presidential decree of the Azerbaijan Republic of 14.11.2019 No. 854)

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, I decide:

1. Approve "Regulations on the State sea agency under the Ministry of transport, communication and high technologies of the Azerbaijan Republic" it (is applied).

2. Approve "Regulations on the State agency of civil aviation under the Ministry of transport, communication and high technologies of the Azerbaijan Republic" it (is applied).

3. Cancel the Presidential decree of the Azerbaijan Republic of April 20, 2006 No. 395 "About approval of the Regulations on Public sea administration of the Azerbaijan Republic" (Collection of the legislation of the Azerbaijan Republic, 2006, No. 4, Article 327; 2008, No. 8, Article 720, No. 11, Articles 970, 980; 2009, No. 12, Article 983; 2011, No. 2, Article 85; 2012, No. 7, Article 678; 2013, No. 6, Article 655; 2014, No. 5, Article 474, No. 12, Article 1574; 2015, No. 9, Article 1008).

4. Cancel the Presidential decree of the Azerbaijan Republic of April 20, 2007 No. 565 "About approval of the Regulations on Public administration of civil aviation" (Collection of the legislation of the Azerbaijan Republic, 2007, No. 4, Article 327; 2008, No. 11, Article 970; 2009, No. 12, Article 983; 2011, No. 2, Article 85; 2014, No. 12, Article 1572; 2017, No. 11, Article 2014).

President of the Azerbaijan Republic

Ilham Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of May 22, 2018 No. 90

Regulations on the State sea agency under the Ministry of transport, communication and high technologies of the Azerbaijan Republic

1. General provisions

1.1. The state Sea Agency under the Ministry of transport, communication and high technologies of the Azerbaijan Republic (further - the Agency) - the executive body exercising the state control and regulation in the sphere of sea transport (further - in the respective sphere) in the territory of the Azerbaijan Republic.

1.2. The agency is guided in the activities by the Constitution of the Azerbaijan Republic, international treaties which the Azerbaijan Republic, the laws of the Azerbaijan Republic, decrees and orders of the President of the Azerbaijan Republic, resolutions and orders of the Cabinet of Ministers of the Azerbaijan Republic, Regulations on the Ministry of transport, communication and high technologies of the Azerbaijan Republic, this Provision, legal acts of the Ministry of transport, communication and high technologies of the Azerbaijan Republic joined (further - the Ministry).

1.3. In case of accomplishment of the obligations and implementation of the rights the Agency interacts with other executive bodies, local government bodies, non-governmental organizations, and also with legal entities and physical persons.

1.4. The agency has separate balance, the state-owned property which is in its use, state and bank accounts, seal with the image of the State Emblem of the Azerbaijan Republic and own name on Azerbaijani and also in English, official emblem, own special flag, the corresponding stamps and forms.

1.5. Employees of the Agency have special office dress code.

1.6. Maintenance costs and activities, and also material logistics of the Agency are financed by the government budget of the Azerbaijan Republic and other sources provided by the law.

1.7. The agency is in the city of Baku.

2. Activities of the Agency

2.0. Activities of the Agency are:

2.0.1. entering of offers into the Ministry in connection with development of state policy in the respective sphere and participation in implementation of the policy established in this sphere;

2.0.2. ensuring development of the respective sphere.

3. Obligations of the Agency

3.0. According to the obligations of the Agency established by this Provision activities are:

3.0.1. participation in project development of the regulatory legal acts regulating the respective sphere, introduction of opinions and offers in connection with them;

3.0.2. ensuring implementation of state programs and concepts of development;

3.0.3. entering into the Ministry of offers on coordination of activities of other government institutions in the respective sphere;

3.0.4. participation in negotiations in connection with international treaties in the respective sphere;

3.0.5. implementation of the state control in the respective sphere;

3.0.6. issue of documents according to international treaties in the sphere of sea transport, the certificate on rendering services of the marine agent, certificates to the educational and educational centers functioning in the sphere of sea transport and also to physical persons and legal entities about compliance of their activities to requirements of international conventions, permissions to the goods (works, services, results of intellectual activities) getting under export control in the cases established by the Cabinet of Ministers of the Azerbaijan Republic, control over observance of allowing conditions;

3.0.7. ensuring port control in the territory of the Azerbaijan Republic and flag control concerning the courts floating under National flag of the Azerbaijan Republic by means of the structure which is under its supervision;

3.0.8. the organization of security system of navigation and providing by means of the structure which is under its supervision, control over rules of navigation in the territory of the Azerbaijan Republic;

3.0.9. control over activities of navigation service in navigation in the territory of the Azerbaijan Republic;

3.0.10. the organization by means of the structure which is under its supervision, the mode of navigation of vessels in the territory of the Azerbaijan Republic and control over observance of this mode for the purpose of traffic regulation of courts giving to boatmasters of the instructions obligatory for execution;

3.0.11. taking measures for ensuring stable activities of the respective sphere;

3.0.12. the organization of raising of the swimming means which sank in the sea (together with property), and taking measures for their protection;

3.0.13. conducting state registration and the state register of the courts floating under National flag of the Azerbaijan Republic (except for small size vessels), and also carrying out engineering certification of courts, providing tonnage due from courts and issue of ship's papers;

3.0.14. consent on functioning in the Azerbaijan Republic of classification societies and control over their activities;

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