The agreement between the Government of the Russian Federation and the Government of the Republic of Belarus on air traffic and cooperation in the field of air transport

of December 12, 1997

The government of the Russian Federation and the Government of the Republic of Belarus which are hereinafter referred to as with Contracting Parties

in view of that the Russian Federation and the Republic of Belarus are participants of the Convention on the international civil aviation open for signing in Chicago on December 7, 1944, wishing to strengthen and develop cooperation in the field of air transport,

agreed as follows:

Article 1. Determinations

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, also includes any appendix to it and any amendment to it accepted according to article 90 of this Convention in that degree in which such appendix and the amendment to it are applicable to Contracting Parties, and any amendment to the Convention adopted according to article 94 of the Convention and which became effective respectively for the Russian Federation and the Republic of Belarus;

b) "the aviation authorities" concerning the Russian Federatsiifederalnuyu air service of Russia either any person or the organization, authorized to perform the functions which are carried out now by this Service and concerning the Republic of Belarus - the State committee on aircraft of the Republic of Belarus or any legal entity or physical person, authorized to perform the functions which are carried out now by this Committee;

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

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

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) "Agreement" - this agreement, including its appendix and the adopted amendments;

g) "rate" - the price for transportation of passengers, baggage and loads and condition according to which these prices are applied, including the price for agency and other additional services.

2. Appendix to this agreement constitutes 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 and operation of the international air-lines along the routes specified in appendix to this agreement (are hereinafter referred to as - contractual lines and the established routes).

2. The airline appointed by each Contracting Party will use 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 the Items specified in appendix to this agreement for the purpose of loading and (or) unloading of passengers, baggage, load and mail.

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

4. Nothing in this Article will be considered as to take provision of the right to the appointed airline of one Contracting Party aboard passengers, baggage, load and mail for their transportation between Items in the territory of the state of other Contracting Party for remuneration or on hiring.

5. All technical and business concerns concerning flights of aircrafts and transportations of passengers, baggage, load and mail on contractual lines and also all questions relating to commercial cooperation, maintenance of aircrafts on the earth and to procedure for financial calculations will be solved by agreement between the appointed airlines of Contracting Parties. In the absence of the arrangement these matters will be referred to the aviation authorities of Contracting Parties for decision making.

Article 3. Appointment and provision of permissions

1. Each Contracting Party has the right to appoint airline (airlines) of the state 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 will provide to each appointed airline the corresponding permission to operate.

3. The aviation authorities of one Contracting Party 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 in case of operation of the international air-lines according to Convention provisions.

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

5. The appointed airline which got the permission specified in this Article can begin operation of contractual lines at any time provided that the rates established according to provisions of Article 6 of this agreement are enacted and also technical and business issues according to Item 5 of Article 2 of this agreement are resolved.

Article 4. Cancellation or suspension of action of the permission to operate

1. Each Contracting Party has the right to cancel the permission to operate or to temporarily suspend use of the rights specified in Article 2 of this agreement granted to the appointed airline of other Contracting Party or to set conditions which it will consider these rights, necessary in case of use:

a) if she is not convinced that preferential ownership or the valid control over this airline belong to the Contracting Party which appointed this airline or citizens of its states;

b) if the airline does not follow the laws and rules of the state of the Contracting Party which granted these rights;

c) if the airline somehow does not comply with service conditions of the contractual lines ordered by this agreement and appendix to it.

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