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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN AND GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 9, 2018

About air traffic

The government of the Republic of Uzbekistan and the Government of the Republic of Tajikistan which further are referred to as with Contracting Parties

being participants of the Convention on the international civil aviation open for signing in Chicago on December 7, 1944,

wishing to sign the Agreement with the purpose of establishment of regular air traffic between Uzbekistan and Tajikistan,

agreed as follows:

Article 1 of Determination

1. For the purposes of this agreement the following terms mean:

a) "Convention" - The convention on international civil aviation open for signing in Chicago on December 7, 1944, including any annex adopted according to article 90 of the Convention and any amendment to the Convention and appendices introduced according to articles 90 and 94 of the Convention in that degree in which such appendices and amendments became effective or are ratified by the Republic of Uzbekistan and the Republic of Tajikistan;

b) "the aviation authorities" concerning the Republic of Uzbekistan - The state inspectorate of the Republic of Uzbekistan for supervision of safety of flights and concerning the Republic of Tajikistan - the Ministry of transport of the Republic of Tajikistan or in both cases any person, or the organization, authorized to perform the functions which are carried out now by the mentioned authorities;

c) "the appointed airline" - airline which was appointed and is authorized according to Article 3 of this agreement;

d) "territory" - matters according to article 2 of the Convention;

e) "air traffic", "the international air traffic", "airline" and "stop with non-commercial purposes", have the values specified in article 96 of the Convention;

e) "the established routes" - the routes established or which are subject to establishment in Appendix to this agreement;

g) "contractual lines" - the international air-lines operated along the established routes according to Appendix to this agreement;

h) "rate" - the rates paid for transportation of passengers, baggage, loads, and for agency and other additional services and also conditions on which these rates are applied, except for payment and conditions to transportation of mail;

i) "charges" - the payments levied from airlines for use by the airport, the equipment and services in air navigation or aviation safety;

j) "Appendix" - the table of routes which is attached to this agreement both any cautions and notes which contain in Appendix;

k) "reservoir" concerning the aircraft means commercial loading of this aircraft on route or part of route, concerning "contractual lines" means the reservoir of the aircraft used on these lines, increased by the frequency of the flights which are carried out by this aircraft on all route or part of route for certain period.

2. Appendix to this agreement constitutes its integral part.

Article 2 Provision of the Rights to Transportations

1. Each Contracting Party grants to other Contracting Party the rights provided by this agreement for the purpose of implementation of regular international air traffic along the routes specified in Appendix to this agreement.

2. The airline appointed by each Contracting Party uses in case of operation of the contractual line along the established route the following rights:

a) make flight of the territory of the state of other Contracting Party without landing;

b) make landing to the territories of the state of other Contracting Party with non-commercial purposes in the Items specified in Appendix to this agreement;

c) make landing to the territories of the state of other Contracting Party in Items; specified in Appendix to this agreement, for the purpose of loading and (or) unloading of the passengers, baggage, mail and load following between the territories of the states of Contracting Parties.

3. Nothing in this Article will be considered as to take provision of the right to the appointed airline of one Contracting Party aboard passengers, mail and load for their transportation between Items in the territory of the state of other Contracting Party for remuneration or under lease (cabotage).

4. The technical and business concerns concerning flights of aircrafts and transportations of passengers, load and mail on contractual lines and also questions, in particular, the frequencies of flights, types of aircrafts relating to commercial cooperation, fillings with aviation fuel, maintenance of aircrafts on the earth and procedure for financial calculations, will be solved by agreement between the appointed airlines and to be represented on approval of the aviation authorities of Contracting Parties. In the absence of the arrangement these issues will be resolved by the aviation authorities of Contracting Parties.

5. Additional and charter flights will be performed according to the legislation of the state of each Contracting Party according to preliminary applications of the appointed airline. These applications shall be submitted the aviation authorities of other Contracting Party not later than 48 hours to aircraft departure, apart from days off and holidays.

Article 3 Appointment of Airlines and operational permissions

1. Each Contracting Party has the right to appoint two airlines for the purpose of operation of contractual lines along the established routes, having notified on it in writing other Contracting Party.

2. After receipt of such notification other Contracting Party according to provisions of Items 3 and 4 of this Article without delay will provide to each appointed airline the corresponding permission to flights.

3. The aviation authorities of one Contracting Party before issue of permission to flights can demand from the airline appointed by other Contracting Party, proofs that it is capable to satisfy the conditions ordered by the legislation which is usually applied by these authorities when implementing the international air traffic and not exceeding on the level of requirements of the Convention.

4. Each Contracting Party has the right to refuse provision of the permission to flights specified in Item 2 of this Article or to demand accomplishment of such conditions which she will consider necessary when using by the appointed airline of the rights specified in Article 2 of this agreement, anyway, when the mentioned Contracting Party has no evidence that preferential ownership and the valid control over this airline belong to the Contracting Party which appointed this airline, to its bodies or her citizens.

5. The appointed airline which got the permission specified in this Article can begin operation of contractual lines provided that on such lines rates according to Article 10 of this agreement are enacted, and also technical and business issues according to item 4 of Article 2 of this agreement are resolved.

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