Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

of February 27, 2012

About ensuring transit of military property and personnel through the territory of the Republic of Kazakhstan in connection with participation of the United Kingdom of Great Britain and Northern Ireland in international efforts on stabilization and recovery of the Islamic Republic of Afghanistan

The government of the Republic of Kazakhstan which further is referred to as with "the Kazakhstan Side", and the Government of the United Kingdom of Great Britain and Northern Ireland which further is referred to as with "British side" which jointly are referred to as with "Parties"

in view of provisions of resolutions 1368 (2001), 1373 (2001), 1386 (2001), 1444 (2002), 1510 (2003), 1536 (2004), 1589 (2005), 1623 (2005), 1659 (2006), 1707 (2006), 1776 (2007), 1833 (2008) and 2011 (2011) Security Council of the United Nations,

provisions of the Agreement between the State Parties of the North Atlantic agreement and other states participating in the "Partnership for Peace" program concerning the status of their Armed Forces made in Brussels on June 19, 1995 (further - the Agreement of PfP),

for the purpose of assistance to international efforts on stabilization and recovery of the Islamic Republic of Afghanistan,

agreed as follows:

Article 1

This agreement determines procedure of transit of military property and personnel through the territory of the Republic of Kazakhstan the British side for the purpose of support of international efforts by stabilization and recovery of the Islamic Republic of Afghanistan.

Article 2

For the purposes of this agreement the concepts used in it mean the following:

1) "transit" - non-stop flight through the territory of the Republic of Kazakhstan of the aircrafts moving military property and personnel along the routes specified in Appendix to this agreement, provided by the Kazakhstan Side in accordance with the terms hereof;

2) "aircraft" - the military transport aircraft of the United Kingdom of Great Britain and Northern Ireland or the aircraft affreighted by the British side with military property and/or personnel onboard;

3) "military property" - the complexes of types of weapon and instrument for ensuring of its fighting application determined within peacekeeping transactions of the International Security Assistance Force (ISAF) including delivery systems, systems of targeting, start-up, the managements intended for equipment of armed forces, ammunition and their components, spare parts, devices and components to devices, systems of ensuring life activity of staff of armed forces, collective and individual remedies from weapons of mass destruction, means according to the prevention and liquidation of the emergency situations which resulted from use of weapons of mass defeat, the special rear equipment, military uniform of clothes and the distinctions and attributes which are under responsibility of the United Kingdom of Great Britain and Northern Ireland taking into account the restrictions established by the Treaty on Conventional Armed Forces in Europe of November 19, 1990 relating to it and also the Nuclear Non-Proliferation Treaty of July 1, 1968;

4) "personnel" - military personnel and civil servants of the United Kingdom of Great Britain and Northern Ireland.

Article 3

1. Transit of aircrafts (not group, single flights) is performed without making of intermediate landing to the territories of the Republic of Kazakhstan on the air passage specified in Appendix to this agreement based on the permissions issued according to this Article.

2. For use of airspace of the Republic of Kazakhstan based on the corresponding inquiry sent to the Kazakhstan Side through diplomatic channels the following types of permissions are provided to the British side:

1) special (permanent) permission - for military transport aircrafts of the United Kingdom of Great Britain and Northern Ireland;

2) one-time permission - for the aircrafts affreighted by the British side.

3. For receipt of special (permanent) permission the British side sends to the Kazakhstan Side the corresponding inquiry by diplomatic channels. In request the following information is specified:

1) destination and the general description of load and the personnel assumed to transportation;

2) transit routes.

4. For receipt of the next special (permanent) permission the British side sends by diplomatic channels to the Kazakhstan Side the written request no later than December 1 of the corresponding calendar year. Such next special (permanent) permission of the Kazakhstan Side is effective until the end of the next calendar year. Primary special (permanent) permission is effective until the end of calendar year in which permission is issued. The operating special (permanent) permission automatically is cancelled in case of cancellation of this agreement.

5. For receipt of one-time permission to use of airspace of the Republic of Kazakhstan the British side no later than 10 (ten) working days before each expected implementation of transit sends the written request by diplomatic channels with indication of the following information:

1) full name and postal address of the operator;

2) code of International Civil Aviation Organization (ICAO) and number of flight;

3) type, registration number, radio signal aircraft and state of registration of the aircraft;

4) type of the navigation and coherent equipment;

5) Items of departure and purpose of the aircraft with indication of reserve airfields;

6) general description of military property, number of personnel onboard, and also availability of dangerous goods onboard;

7) date, complete aviaroute and the traffic schedule with obligatory specifying of airways on flight route, and also points of input and output in air space / from airspace of the Republic of Kazakhstan.

6. In case of suspension of action or cancellation of special (permanent) or one-time permission during transit implementation, the British side provides at own expense departure of the aircraft with all military property and personnel which is onboard from airspace of the Republic of Kazakhstan through Item of its entrance to airspace of the Republic of Kazakhstan or if it is required for technical reasons, through the next Item without transit completion.

7. Flights in airspace of the Republic of Kazakhstan are carried out according to the statutory rules of ICAO, regulatory legal acts of the Republic of Kazakhstan regulating implementation of flights and published in the Kazakhstan Collection of aeronautical information (AIP), and also this agreement.

8. The Kazakhstan Side provides to aircrafts aeronautical services according to the legislation of the Republic of Kazakhstan with collection of aeronautical charges.

9. The aircrafts making flights in airspace of the Republic of Kazakhstan shall be equipped:

1) the equipment of the radio communication providing maintenance of two-way radio communication with the service providing aeronautical services;

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