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Agreement between the Government of the Republic of Uzbekistan and Government of Turkmenistan on air traffic

of January 16, 1996

The government of the Republic of Uzbekistan and the Government of Turkmenistan, the hereinafter referred to as Contracting Parties,

recognizing the principles and regulations of the Convention on the international civil aviation open for signing in Chicago on December 7, 1944,

noting importance of air transport as means of establishment and preserving friendship, mutual understanding and cooperation between the people of two countries,

wishing to strengthen and develop air traffic between the territories of their states and beyond their limits,

for the purpose of continuation and development of international cooperation between the Republic of Uzbekistan and Turkmenistan,

agreed as follows:

Article 1. Determinations

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

a) "the aviation authorities" concerning the Republic Uzbekistannatsionalnuyu Uzbekiston Havo Yullar airline or any person or the organization, authorized to perform the functions which are carried out now by this airline and in the relation Turkmenistanaaviakompaniya "Akhal" or any person or the organization, authorized to perform the functions which are carried out now by this airline;

b) "the appointed airline" - airline which was appointed and is authorized according to Article 4 of this agreement;

c) "territory" concerning the state - the terrestrial surfaces, territorial and internal waters and airspace over them which are under sovereignty of this state;

d) "rate" - the rates paid for transportation of passengers, baggage, load and mail, and condition on which these rates are applied including rates and conditions of agency and other support services.

e) "Convention" - The convention on international civil aviation open for signing in Chicago on December 7, 1944, and also any Appendix and any amendment to them to that measure in what they are accepted by Contracting Parties and are applicable to them;

e) "air traffic" - any regular air traffic performed by aircrafts for the purpose of public transportations of passengers, loads and mail;

g) "the international air traffic" - the air traffic performed through airspace over the territory more than one state;

h) "airline" - any air-transport company offering or operating the international air traffic;

i) "stop with non-commercial purposes" - landing with any purpose, other than acceptance aboard or unloading of passengers, load or mail.

2. Appendices to this agreement constitute its integral part.

Article 2. Provision of the rights

1. Each Contracting Party grants to other Contracting Party the rights provided by this agreement, for the purpose of establishment of the international air-lines ("contractual lines" and "the established routes" are hereinafter referred to as respectively).

2. The airline appointed by each Contracting Party will use in case of operation of contractual lines along the established routes the following rights:

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

b) make landing in the territory of other Contracting Party with non-commercial purposes in Items in the territory of other Contracting Party;

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

d) make landing to the territories of other Contracting Party in the Items specified in Appendix to this agreement for the purpose of loading and (or) unloading of passengers, mail and the load following from Items of the third countries. Such right will be granted under approval between the aviation authorities 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 other Contracting Party for remuneration or on hiring.

Article 3. Accomplishment of flights

1. Routes of flights of aircrafts on contractual lines and Items of flight of frontiers are established by each Contracting Party in the territory.

2. The technical and business concerns concerning flights of aircrafts and transportations of passengers, load and mail on contractual lines and also the questions relating to commercial cooperation, in particular, frequencies of flights, types of aircrafts, 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.

3. Additional and charter flights will be performed according to the laws and rules 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 4. Appointment of airlines

1. Each Finishing speaking Party will have the right to appoint airline(s) for the purpose of operation of contractual lines along the established routes, having notified on it in writing other Contracting Party.

2. On 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 laws and rules which are usually applied by these authorities in case of operation of the international air-lines and not exceeding on the level of requirements of the Convention.

4. Each Contracting Party will have 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 3 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 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 13 of this agreement are enacted, and also technical and business issues according to Item 3 of Article 3 of this agreement are resolved.

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