AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BELARUS AND GOVERNMENT OF TURKMENISTAN ON AIR TRAFFIC

of May 17, 2002

The government of the Republic of Belarus and the Government of Turkmenistan, further - Contracting Parties,

which states are 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 for the purpose of establishment of air traffic between the corresponding territories and beyond their limits,

agreed as follows:

Article 1 of Determination

The terms used in this agreement if the context does not provide other, have the following values:

"Convention" - The convention on international civil aviation made in Chicago on December 7, 1944 and open for signing in Washington, including 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;

"the aviation authorities"

from the Republic of Belarus - the State committee on aircraft, from Turkmenistan - National administration of Turkmenkhovayollara; or in both cases any person or body, authorized to perform the functions which are carried out by the mentioned authorities now;

"the appointed airline" - the airline appointed and which received powers according to Article 3 of this agreement;

"territory", "air traffic", "the international air traffic", "airline" and "stop with non-commercial purposes" correspond to the values specified in articles 2 and 96 of the Convention;

"rates" - the prices paid for transportation of passengers, baggage and load, and condition according to which these prices are applied, except for of remuneration for transportation of mail and its conditions;

"reservoir":

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

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

"the operator of the aircraft" - person or the organization (company) which is engaged in operation of aircrafts or offering the services in this area.

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

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

a) make flights through 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;

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, mail and the load transported in the international message.

3. Nothing, specified in Item 2 of this Article, will be considered as the right of the appointed airline of one 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 Appointment of Airlines and Permission to Accomplishment of Flights

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 through diplomatic channels other Contracting Party.

2. After receipt of such notification 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 about capability to satisfy the conditions provided by the laws and rules which are 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 considers the rights specified in Article 2 of this agreement, necessary in case of use of the appointed airline.

5. The airline appointed and got thus permission can begin operation of contractual lines provided that the rates established according to Article 12 of this agreement are enacted.

6. The aviation authorities of Contracting Parties have the right according to provisions of this Article to replace one airline appointed by them with another. Again appointed airline will have the same rights and obligations as the airline replacing it.

Article 4 Cancellation or suspension of action of permission to accomplishment of flights

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 demand accomplishment of the conditions necessary in case of use of these rights if:

a) she is not convinced that the privilege of ownership or the valid control over this company belongs to the Contracting Party which appointed this airline or citizens of its state;

b) such airline does not follow the laws and rules of the state of the Contracting Party granting these rights;

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

2. If immediate cancellation, temporary suspension or the requirement of accomplishment of the conditions specified in Item 1 of this Article are not necessary for the prevention of further violations of the laws and rules, then the right about which it is told in this Item will be used only after consultations between the aviation authorities of Contracting Parties which shall take place within 60 (sixty) days from the date of receipt of request.

Article 5 Application of the Laws and Rules

1. The laws and rules of the state of one Contracting Party relating to the admission on its territory to stay or exit from it of the aircrafts making the international flights, operation or navigation of these aircrafts shall be observed in appropriate cases by the appointed airlines of other Contracting Party.

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