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

of February 27, 1997

The government of the Republic of Kazakhstan and the Government of Turkmenistan, hereinafter referred to as "Contracting parties",

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

recognizing importance of air transport as means of establishment and preserving friendship, mutual understanding and cooperation between the people of two countries,

for the purpose of continuation and development of international cooperation between the Republic of Kazakhstan and Turkmenistan,

wishing to sign the Agreement on establishment of air traffic between their corresponding territories and out of their limits,

agreed as follows:

Article 1 Determination of Terms

1. For the purposes of application and interpretation of this agreement if in the text it is not stipulated differently, the following terms mean:

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, 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 Turkmenistan;

b) the term "aviation authorities" means concerning the Republic of Kazakhstan - the Ministry of Transport and Communications of the Republic of Kazakhstan, and concerning Turkmenistan - National Administration of civil aviation of Turkmenistan or, in both cases, any other organization, authorized to perform functions which are performed now by the specified bodies;

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" concerning the state means the terrestrial surfaces, territorial and internal waters and airspace over them which are under sovereignty of this state;

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;

e) the term "Agreement" means this Agreement, including Appendix and any amendments to it;

g) the term "the established routes" means the routes established or which are subject to establishment in Appendix to the Agreement;

h) the term "contractual lines" means the international airlines operated along the established routes according to Appendix to this agreement;

i) the term "rates" means the cost of payment of transportation of passengers, baggage and load and condition of collection of this payment, including sales charges and other additional payments for agency services or for sale of transport documents, but excepting payment and conditions of transportation of mail;

j) the term "reservoir" concerning contractual lines means the reservoir of the aircraft used on these lines, multiplied by the frequency of the flights which are carried out by this aircraft on all route or part of route for certain period.

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 implementation of the regular international message along the routes specified in Appendix to this agreement.

2. 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 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 the passengers, baggage, load and mail following between the territories of the states of Contracting Parties;

d) 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 the passengers, baggage, load and mail following from Items of the third countries. Such right will be granted under approval between the aviation authorities of Contracting Parties.

3. Nothing in this Article will be considered as to take provision of the right to the appointed airline of one Contracting Party aboard passengers, load and mail for their transportation between Items in the territory of the state of other Contracting Party for remuneration or under lease if there is no other arrangement between the aviation authorities of Contracting Parties.

4. 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.

5. The technical and business concerns concerning flights of aircrafts and transportations of passengers, load and mail on contractual lines, questions of maintenance of aircrafts on the earth and procedure for financial calculations will be solved by agreement between the appointed airlines and to be represented on approval of the aviation authorities of Contracting Parties. In the absence of the arrangement these issues will be resolved by the aviation authorities of Contracting Parties.

6. Additional, charter and special flights will be performed according to the laws and rules of the state of each Contracting Party according to preliminary applications of the appointed airline, these applications shall be submitted the aviation authorities of other Contracting Party not later than 48 hours to aircraft departure, apart from days off and holidays.

7. The schedule of movement on contractual lines shall be submitted for consideration to the aviation authorities of Contracting Parties no later than 30 days before expected date of opening. In certain cases this term can be reduced under approval of the above-mentioned authorities.

Article 3 Appointment of Airline and Provision of the Permission to Operate

1. Each Contracting Party will have the right to appoint airline(s) 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 Items 3 and 4 of this Article without delay will provide to each appointed airline the corresponding permission to flights.

3. 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 rules which are usually applied by these authorities in case of operation of the international air-lines and Convention provisions.

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