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

of July 21, 1993

The government of the Republic of Kazakhstan and the Government of the Republic of Lithuania which are referred to as further "Contracting parties" wishing to sign the Agreement with the purpose of establishment of air traffic between their corresponding territories and out of their limits

agreed as follows:

Article 1 of Determination

1. For the purposes of this agreement:

a) the term "Convention" means the Convention on international civil aviation open for signing in Chicago on December 7, 1944, and includes any Appendix to this Convention and any amendment to such Appendix 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 of this agreement, and any amendment to the Convention adopted according to article 94 of the Convention, ratified respectively by the Republic of Kazakhstan and the Republic of Lithuania;

b) the term "aviation authorities" means concerning the Republic of Kazakhstan - the Ministry of transport, concerning the Republic of Lithuania - the Ministry of the message or in both cases any person or body, authorized to perform the functions which are carried out now by the mentioned authorities;

c) the term "the appointed airline" means airline which was appointed and is authorized according to Article 4 of this agreement;

d) the term "territory" matters, specified in article 2 of the Convention;

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

f) the term "reservoir" concerning the aircraft means commercial loading of this aircraft on all route or part of route;

g) the term "reservoir" concerning the contractual line means the reservoir of the aircraft used on this line, multiplied by the frequency of the flights which are carried out by this aircraft during the certain period on all route or part of route;

h) the term "rate" means the charges levied for transportation of passengers, baggage or load including any additional services represented in the course of implementation of such transportations and for the corresponding transaction in transit of loads. The specified term includes also conditions which determine applicability of payment for transportation or payment of sales charges.

2. Appendix to this agreement constitutes its integral part.

Article 2 Provision of the Rights

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).

Article 3 of the Right to flights and pereovzk

1. The airline appointed by each Contracting Party will use in case of operation of contractual lines along the established routes the following rights:

a) make nonstop flight over the territory of other Contracting Party;

b) make landing to the territories of other Contracting Party with non-commercial purposes in the Items specified in Appendix to this agreement;

c) make landing to the territories 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 load of the international following for their delivery in (from) Items on the territory of other Contracting Party.

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

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

Article 4 Procedure for Appointment, response and uslvoiya of functioning of airlines

1. Each Contracting Party has the right to appoint airline 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 item 4 of this Article without delay will provide to each appointed airline the corresponding permission to flights.

3. Each Contracting Party has the right to withdraw earlier appointed airline and to appoint another, having informed on the decision in writing other Contracting Party.

4. The aviation authorities of one Contracting Party before issue of permission to flights can demand from the airline appointed by other Contracting Party, proofs that it is capable to satisfy the conditions ordered by the laws and regulations usually applied these authorities in case of operation of the international air-lines.

5. 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 will consider necessary when using by the appointed airline of the rights specified in Article 3 of this agreement, anyway, when the mentioned Contracting Party has no evidence that preferential ownership and the valid control over this airline belongs to the Contracting Party which appointed this airline or her citizens.

6. The airline appointed and got thus permission can begin operation of contractual lines provided that the schedule of flights approved between the appointed airlines is approved by the aviation authorities of Contracting Parties and the rates established according to provisions Articles 10 and 11 of this agreement are enacted.

Article 5 Cancellation or suspension of action of permission to accomplishment of transportations

1. Each Contracting Party has the right to cancel permission to flights or to suspend use of the rights specified in Article 3 of this agreement granted to the appointed airline of other Contracting Party or to demand accomplishment of such conditions which it will consider these rights, necessary in case of use:

a) anyway, if she is not convinced that the privilege of ownership or the valid control over this airline belongs to the Contracting Party which appointed this airline or her citizens, or

b) if this airline does not observe the laws and regulations of the Contracting Party granting these rights or

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

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