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Agreement between the Government of the Republic of Kazakhstan and Government of the Republic of Belarus on air traffic

of September 23, 1997

The government of the Republic of Kazakhstan and the Government of the Republic of Belarus which are referred to as further "Contracting parties"

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

wishing to sign the Agreement with the purpose of establishment of air traffic between the territories of the states of Contracting Parties, and also beyond their limits,

agreed as follows:

Article 1 of Determination

1. In this agreement:

a) the term "Convention" means the Convention on international civil aviation made in Chicago on December 7, 1944 and open for signing in Washington and includes any Annex adopted according to Article 90 of this Convention and any amendment to Appendices or the Convention accepted according to Articles 90 and 94 of the Convention in that degree in which these Appendices and amendments are adopted by both Contracting Parties;

b) the term "aviation authorities" concerning the Republic of Kazakhstan means the Ministry of Transport and Communications, and concerning the Republic of Belarus - the State committee on aircraft or in both cases any person or body, authorized to perform functions which are performed now by the mentioned authorities;

c) the term "the appointed airline" means airline which was appointed and got permission according to Article 3 of this agreement;

d) the terms "territory", "air traffic", "international air traffic", "airline" and "stop with non-commercial purposes" have the values specified in Articles 2 and 96 of the Convention;

e) the term "rate" means the prices which are established for transportation of passengers, baggage and load, and condition according to which these prices are applied, including the prices and conditions of rather agency and other additional services, but excepting remuneration for transportation of mail and its condition;

e) term reservoir":

- concerning the aircraft means commercial loading of this aircraft on route or part of route;

- rather established air traffic means reservoir of the aircraft which is used on this message, increased by the frequency of the flights made by this aircraft throughout certain period on route or part of route.

g) the term "operator of the aircraft" means person, the organization or the company which is engaged in operation of aircrafts or offering the services in this area.

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 specified in this agreement, for the purpose of establishment of the international air traffics along the routes specified in Appendix to it (respectively "contractual lines" and "the established routes" hereinafter are referred to as further).

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

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

b) the right to make landing to the territories of the state of other Contracting Party with non-commercial purposes;

c) the right to 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 acceptance aboard and/or removals of passengers, mail and the load transported in the international message.

3. Specified in Item 2 of this Article will not be considered as the right of the appointed airline of any Contracting Party to accept aboard passengers, load and mail for transportation between Items in the territory of the state of other Contracting Party for remuneration or on hiring.

Article 3 of Power

1. Each Contracting Party has the right to appoint one or several 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 appointment the aviation authorities of other Contracting Party according to provisions of Item 3 of this Article without delay will provide to each appointed airline the corresponding permission to accomplishment of flights.

3. The aviation authorities of one Contracting Party before issuing permission to accomplishment of flights, can demand from the airline appointed by other Contracting Party, proofs that it is capable to satisfy the conditions provided by the laws and rules which are usually and reasonably applied by these authorities when implementing the international air traffics according to Convention provisions.

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 can consider the rights specified in Article 2 of this agreement, anyway, when the mentioned Contracting Party has no satisfactory evidence that the privilege of ownership of this airline and the actual control over it belong to the Contracting Party which appoints this airline, or to citizens of its state, necessary in case of use of the appointed airline.

5. When the airline thus is appointed and got permission, it can begin at any time operation of contractual lines provided that the rates established according to Article 12 of this agreement are enacted on these lines.

6. The aviation authorities of Contracting Parties have the right according to provisions of this Article to replace any airline which they appointed with other airline. Again appointed airline will have the same rights and to incur the same obligations as airline which it replaces.

Article 4 Cancellation or suspension of permissions to accomplishment of flights

1. Each Contracting Party has the right to cancel permission to accomplishment of flights or to suspend use of any airline appointed by other Contracting Party, the rights specified in Article 2 of this agreement or to set such conditions which she can consider necessary when using of these rights:

a) anyway, when she has no satisfactory evidence that the privilege of ownership of this airline and the actual control over it belong to the Contracting Party which appoints this airline, or to citizens of its state; or

b) in case the mentioned airline does not follow the laws and rules of the state of the Contracting Party granting these rights; or

c) if the airline any otherwise does not comply with the conditions provided by this agreement.

2. If immediate cancellation, suspension or establishment of the conditions specified in Item 1 of this Article is not necessary for prevention of further violations of the laws and rules, such right will be used only after consultations with other Contracting Party. Such consultations shall take place during sixty (60) days from the date of receipt of request.

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