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Agreement between the Government of the Russian Federation and Government of the Republic of Tajikistan on air traffic

of September 12, 1997

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

being guided by the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on cooperative principles and conditions of relations in the field of transport signed in Dushanbe on October 10, 1992 and also the principles and regulations 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 of Determination

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

a) "The Chicago convention" - The convention on international civil aviation open for signing in Chicago on December 7, 1944, and also Appendix to this Convention and any amendment to such Appendix adopted according to article 90 of this Convention to 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 for the Russian Federation and the Republic of Tajikistan;

b) "the aviation authorities" concerning the Russian Federatsiifederalnaya air service of Russia either any person or the organization, authorized to perform the functions which are carried out now by this department and concerning the Republic Tadzhikistangosudarstvennaya airline of the Republic of Tajikistan of Tochikiston under Council of Ministers of the Republic of Tajikistan either any person or the organization, authorized to perform the functions which are carried out now by this organization;

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

d) "territory" concerning the state - the land surface, territorial and internal waters and airspace over them which are under sovereignty of the relevant state;

e) "air traffic", "the international air traffic", "airline" and "stop with non-commercial purposes" - value of these terms is specified in article 96 of the Chicago convention;

e) "Agreement" - this agreement, Appendix to it and amendments;

g) "rate" - the rates established for transportation of passengers, baggage and load, and also condition on which these rates are applied including rates and conditions of provision of agency and other support services, excepting payment and conditions of transportation of mail.

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 routes according to Appendix (further respectively imenuyutsyadogovorny 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 by 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 of Airlines and provision of permissions to operate of contractual lines by it

1. Each Contracting Party has the right to appoint airline (airlines) for 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 of contractual lines.

3. The aviation authorities of one Contracting Party can demand from the airline appointed by other Contracting Party, provisions of 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 the Chicago convention.

4. Each Contracting Party can refuse provision of the permission to operate of contractual lines 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 when the specified Contracting Party has no evidence that preferential ownership of this airline and the valid control of its activities belongs to the Contracting Party which appointed this airline or citizens of its state.

5. The appointed airline which got permission in this Article can begin operation of contractual lines at any time provided that the rates established according to 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 suspension of action of the permission to operate of contractual lines

1. Each Contracting Party will have the right to cancel the permission to operate of contractual lines 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, in the following cases:

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

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