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Agreement between the Government of the Kyrgyz Republic and Government of the Republic of Tajikistan on air traffic

of May 26, 2004

The government of the Kyrgyz Republic and the Government of the Republic of Tajikistan which are hereinafter referred to as by "Contracting parties"

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

expressing desire to sign the agreement with the purpose of establishment of air traffic between the corresponding territories and beyond their limits,

agreed as follows:

Article 1 of Determination

For this Agreement if the context does not provide something another:

a) the term "Convention" means the Convention on international civil aviation open for signing in Chicago on December 7, 1944, including any Annex adopted according to Article 90 of this Convention and any amendments to Appendices or the Convention according to Article 90 and Article 94 in that measure in which these appendices or amendments are applicable concerning both Contracting Parties;

b) the term "aviation authorities" means in relation to the Kyrgyz Republic - the Ministry of Transport and Communications and in relation to the Republic of Tajikistan - the Ministry of transport, or concerning both Contracting Parties any other body, legally authorized to perform the functions which now are carried out by the mentioned aviation authorities;

c) the term "the appointed airline" means any airline which one Contracting Party appointed, having in writing notified on it other Contracting Party and which was authorized, according to Article 3 of this agreement, to perform contractual messages along the routes established according to Item 1 of Article 2 of this agreement;

d) the terms "territory", "air traffic", "international air traffic", "airline" and "stop with non-commercial purposes" have value, determined by it respectively in Articles 2 and 96 of the Convention;

e) the term "reservoir" in relation to established air traffic means the number of the available places in the airplane used for accomplishment of such message increased by the frequency of accomplishment of flights by such airplane for certain period along route or the site of route;

e) the term "rate" which will be used further means the prices or charges levied for transportation of passengers, baggage and loads (except for payment and conditions of transportation of mail), and also conditions according to which these prices and charges are applied, including commission charges for the agency services, charges and conditions relating to any additional services offered by airlines and also include any considerable privileges provided in connection with transportation;

g) the term "Appendix" means Appendix to this agreement or amendments to it according to provisions of Article 21 of this agreement. Appendix is integral part of this agreement, and all references relating to the Agreement shall include Appendix, except as specified, when something is especially not stipulated another.

Article 2 Provision of the Rights to Transportations

(1) Each Contracting Party grants to other Contracting Party the rights provided by this agreement for the purpose of establishment and implementation of the international air traffics by the appointed airline or airlines along the routes determined in appropriate section of Appendix. Such air traffics and routes are called further respectively "contractual messages" and "the established routes".

(2) According to provisions of this agreement, the following rights shall be granted to the appointed airline or airlines of each Contracting Party in case of accomplishment of contractual messages along the established routes:

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

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