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Burundi National Air Transport System - History

Burundi National Air Transport System - History



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Burundi


Airports:
7 (2013)
country comparison to the world: 165
Airports - with paved runways:
total: 1
over 3,047 m: 1 (2017)
Airports - with unpaved runways:
total: 6
914 to 1,523 m: 4
under 914 m: 2 (2013)
Heliports:
1 (2012)
Roadways:
total: 12,322 km
paved: 1,500 km
unpaved: 10,822 km (2016)
country comparison to the world: 128
Waterways:
(mainly on Lake Tanganyika between Bujumbura, Burundi's principal port, and lake ports in Tanzania, Zambia, and the Democratic Republic of the Congo) (2011)
Ports and terminals:
lake port(s): Bujumbura (Lake Tanganyika)


Burundi National Air Transport System - History

National Defense Forces (Forces de Defense Nationale, FDN): Army (includes naval detachment, Air Wing, and Coast Guard), National Gendarmerie

BURUNDI ARMY AVIATION &bull Force Armée du Burundi
Air Wing 200 Personnel.

Forces by Role & Equipment by Type
(incl Air Defence Systems)

&bull AIRCRAFT 4 combat capable. Total 14 Aircrafts.
1 Ac sqn with

Light Attack & Training 4 Lt Atk /Trg ac:
2 SIAI-Marchetti SF-260W Warrior
2 SIAI-Marchetti SF-260TP Warrior

VIP transport 1 VIP Tpt ac:
1 Dassault Falcon 50

Transport 4 Tpt ac:
2 Douglas DC-3 (C-47) Dakota

Liaison & Light Transport 3 Liaison / Lt Tpt ac:
1 Dornier Do27Q-4
2 Reims-Cessna FRA150L

Basic Flying Training 2 Bsc Trg ac:
2 SIAI-Marchetti SF-260P Warrior


&bull HELICOPTER
3 Attack capable. Total 13 Helicopters.
1 Hel sqn with

Anti-Armour Attack 3 Atk hel:
2 Mil Mi-24V Hind-E*
1 Mil Mi-24 Hind*

Support 6 Spt hel:
4 Mil Mi-8 Hip (non-op)
2 Aerospatiale SA-342L Gazelle

Utility 4 Utl hel:
3 Süd Aviation SA-316B Alouette III
1 Eurocopter AS-350B Ecureuil (Squirrel)

&bull FACILITIES
The Burundi Army's air uni Organisation (Current Order of Battle): Commandement des Forces
Bujumbura Air Squadron (Escadron Aérienne) -
Aircraft Squadron (Escadrille d'Avions) - SF-260W/TP/P, Falcon 50, C-47, Do27Q, Cessna 150L
Helicopter Squadron (Escadrille d'Hélicoptères) - Mi-24D/V, Mi-8, SA-316/342L, AS-350B

Note: Burundi has one airport with paved runways (over 3,047 m: 1), 7 airports with unpaved runways (914 to 1,523 m: 4 under 914 m: 3), and one heliport


BURUNDI ARMY AIR DEFENCE UNITS

Burundi Army Air Defence Systems
AD &bull

SAM &bull MANPAD 30:
30 SA-7 Grail

GUNS &bull TOWED 150+:
14.5mm: 15 ZPU-4
23mm: 135+ ZU-23/37mm Type-55 (M-1939)


Geography

Location

Central Africa, east of the Democratic Republic of the Congo, west of Tanzania

Geographic coordinates

Map references

total: 27,830 sq km

land: 25,680 sq km

water: 2,150 sq km

Area - comparative

slightly smaller than Maryland

Area comparison map

Land boundaries

total: 1,140 km

border countries (3): Democratic Republic of the Congo 236 km, Rwanda 315 km, Tanzania 589 km

Coastline

Maritime claims

Climate

equatorial high plateau with considerable altitude variation (772 m to 2,670 m above sea level) average annual temperature varies with altitude from 23 to 17 degrees Celsius but is generally moderate as the average altitude is about 1,700 m average annual rainfall is about 150 cm two wet seasons (February to May and September to November), and two dry seasons (June to August and December to January)

Terrain

hilly and mountainous, dropping to a plateau in east, some plains

Elevation

highest point: Heha 2,670 m

lowest point: Lake Tanganyika 772 m

mean elevation: 1,504 m

Natural resources

nickel, uranium, rare earth oxides, peat, cobalt, copper, platinum, vanadium, arable land, hydropower, niobium, tantalum, gold, tin, tungsten, kaolin, limestone

Land use

agricultural land: 73.3% (2018 est.)

permanent crops: 15.6% (2018 est.)

permanent pasture: 18.8% (2018 est.)

forest: 6.6% (2018 est.)

other: 20.1% (2018 est.)

Irrigated land

Total renewable water resources

12.536 billion cubic meters (2017 est.)

Population distribution

one of Africa's most densely populated countries concentrations tend to be in the north and along the northern shore of Lake Tanganyika in the west most people live on farms near areas of fertile volcanic soil as shown in this population distribution map

Natural hazards

flooding landslides drought

Environment - international agreements

party to: Biodiversity, Climate Change, Climate Change-Kyoto Protocol, Climate Change-Paris Agreement, Comprehensive Nuclear Test Ban, Desertification, Endangered Species, Hazardous Wastes, Ozone Layer Protection, Wetlands

signed, but not ratified: Law of the Sea, Nuclear Test Ban

Geography - note

landlocked straddles crest of the Nile-Congo watershed the Kagera, which drains into Lake Victoria, is the most remote headstream of the White Nile


U.S.-UK Air Transport Agreement of November 28, 2018

Desiring to make it possible for airlines to offer the traveling and shipping public a variety of service options, and wishing to encourage individual airlines to develop and implement innovative and competitive prices

Desiring to facilitate the expansion of international air transport opportunities

Desiring to ensure the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air transportation, and undermine public confidence in the safety of civil aviation and

Being Parties to the Convention on International Civil Aviation, done at Chicago December 7, 1944

Desiring to conclude a new bilateral air transport agreement in light of the exit of the United Kingdom of Great Britain and Northern Ireland from the European Union

Intending to maintain the existing open access to markets and to maximize benefits for consumers, airlines, labor, businesses and communities on both sides of the Atlantic

For the purposes of this Agreement, unless otherwise stated, the term:

1. “Aeronautical authorities” means:

a. in the case of the United States, the Department of Transportation and any person or agency authorized to perform functions exercised by the Department for Transportation and

b. in the case of the United Kingdom, the Department for Transport, and for the purpose of Article 12 (Pricing) of this Agreement, the Civil Aviation Authority, and any other person or body authorized to perform functions exercised by those authorities.

2. “Agreement” means this Agreement, including its Annexes, and any amendments thereto

3. “Air transportation” means the public carriage by aircraft of passengers, baggage, cargo, and mail, separately or in combination, scheduled or charter, for remuneration or hire

4. “Airline of a Party” means an airline that has received its Air Operator’s Certificate (AOC) from and has its principal place of business in the territory of that Party

5. “Convention” means the Convention on International Civil Aviation, done at Chicago December 7, 1944, and includes:

a. any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties, and

b. any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties

6. “Full cost” means the cost of providing service plus a reasonable charge for administrative overhead

7. “International air transportation” means air transportation that passes through the airspace over the territory of more than one State

8. “Price” means any fare, rate, or charge for the carriage of passengers, baggage, or cargo (excluding mail) in air transportation, including surface transportation in connection with international air transportation, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate, or charge

9. “Stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, baggage, cargo, or mail in air transportation

10. “Territory” means the land areas, internal waters, and territorial sea under the sovereignty of a Party and

11. “User charge” means a charge imposed on airlines for the provision of airport, airport environmental, air navigation, or aviation security facilities or services including related services and facilities.

1. Each Party grants to the other Party the following rights for the conduct of international air transportation by the airlines of the other Party:

a. the right to fly across its territory without landing

b. the right to make stops in its territory for non-traffic purposes

c. the right to perform international air transportation between points on the following routes:

(i) for airlines of the United States, from points behind the territory of the United States via the territory of the United States and intermediate points to any point or points in the territory of the United Kingdom and beyond and for all-cargo service, between the territory of the United Kingdom and any point or points

(ii) for airlines of the United Kingdom, from points behind the territory of the United Kingdom via the territory of the United Kingdom and intermediate points to any point or points in the territory of the United States and beyond and for all-cargo service, between the territory of the United States and any point or points and

d. the rights otherwise specified in this Agreement.

2. Each airline of a Party may, on any or all flights and at its option:

a. operate flights in either or both directions

b. combine different flight numbers within one aircraft operation

c. serve behind, intermediate, and beyond points and points in the territories of the Parties in any combination and in any order

d. omit stops at any point or points

e. transfer traffic from any of its aircraft to any of its other aircraft at any point

f. serve points behind any point in its territory with or without change of aircraft or flight number and hold out and advertise such services to the public as through services

g. make stopovers at any points whether within or outside the territory of either Party

h. carry transit traffic through the other Party’s territory and

i. combine traffic on the same aircraft regardless of where such traffic originates

without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement, provided that, with the exception of all-cargo services, the transportation is part of a service that serves a point in the homeland of the airline.

3. On any segment or segments of the routes above, any airline of a Party may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated, provided that, with the exception of all-cargo services, in the outbound direction, the transportation beyond such point is a continuation of the transportation from the homeland of the airline and, in the inbound direction, the transportation to the homeland of the airline is a continuation of the transportation from beyond such point.

4. Nothing in this Article shall be deemed to confer on the airline or airlines of one Party the rights to take on board, in the territory of the other Party, passengers, baggage, cargo, or mail carried for compensation and destined for another point in the territory of that other Party.

5. Any airline of a Party performing charter international air transportation originating in the territory of either Party, whether on a one-way or round-trip basis, shall have the option of complying with the charter laws, regulations, and rules either of its homeland or of the other Party. If a Party applies different rules, regulations, terms, conditions, or limitations to one or more of its airlines, or to airlines of different countries, each airline of the other Party shall be subject to the least restrictive of such criteria. Nothing in this paragraph shall limit the rights of a Party to require airlines of both Parties to adhere to requirements relating to the protection of passenger funds and passenger cancellation and refund rights. Except with respect to the consumer protection rules referred to in this paragraph, neither Party shall require an airline of the other Party, in respect of the carriage of traffic from the territory of that other Party or of a third country on a one-way or round-trip basis, to submit more than a notice that it is complying with the applicable laws, regulations, and rules referred to in this paragraph or of a waiver of these laws, regulations, or rules granted by the applicable aeronautical authorities.

Each Party, on receipt of applications from an airline of the other Party, in the form and manner prescribed for operating authorizations and technical permissions, shall grant appropriate authorizations and permissions with minimum procedural delay, provided:

a. except as provided in Annex 1, substantial ownership and effective control of that airline are vested in the other Party, nationals of that Party, or both

b. the airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air transportation by the Party considering the application or applications and

c. the other Party is maintaining and administering the provisions set forth in Article 6 (Safety) and Article 7 (Aviation Security).

Revocation of Authorization

1. Either Party may revoke, suspend, limit, or impose conditions on the operating authorizations or technical permissions of an airline where:

a. that airline is not an airline of the other Party under Article 1(4)

b. except as provided in Annex 1, substantial ownership and effective control of that airline are not vested in the other Party, nationals of that Party, or both or

c. that airline has failed to comply with the laws and regulations referred to in Article 5 (Application of Laws) of this Agreement.

2. Unless immediate action is essential to prevent further noncompliance with subparagraph 1(c) of this Article, the rights established by this Article shall be exercised only after consultation with the other Party.

3. This Article does not limit the rights of either Party to withhold, revoke, suspend, limit, or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in accordance with the provisions of Article 6 (Safety) or Article 7 (Aviation Security).

1. The laws and regulations of a Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be complied with by such aircraft upon entering, when departing from, or while within the territory of that Party.

2. While entering, within, or leaving the territory of one Party, its laws and regulations relating to the admission to or departure from its territory of passengers, crew or cargo on aircraft (including regulations relating to entry, clearance, aviation security, immigration, passports, customs and quarantine or, in the case of mail, postal regulations) shall be complied with by, or on behalf of, such passengers, crew or cargo of the other Party’s airlines.

1. Each Party shall recognize as valid, for the purpose of operating the air transportation provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by the other Party and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. Each Party may, however, refuse to recognize as valid for the purpose of flight above its own territory, certificates of competency and licenses granted to or validated for its own nationals by the other Party.

2. Either Party may request consultations concerning the safety standards maintained by the other Party relating to aeronautical facilities, aircrews, aircraft, and operation of airlines of that other Party. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards and requirements in these areas that at least equal the minimum standards that may be established pursuant to the Convention, the other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards, and the other Party shall take appropriate corrective action. Each Party reserves the right to withhold, revoke, suspend, limit, or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in the event the other Party does not take such appropriate corrective action within a reasonable time and to take immediate action, prior to consultations, as to such airline or airlines if the other Party is not maintaining and administering the aforementioned standards and immediate action is essential to prevent further noncompliance.

1. The Parties affirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, done at Tokyo September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal February 24, 1988.

2. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of airports and air navigation facilities, and to address any other threat to the security of civil air navigation.

3. The Parties shall, in their mutual relations, act in conformity with the aviation security standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as Annexes to the Convention they shall require that operators of aircraft of their registry, operators of aircraft that have their principal place of business or permanent residence in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions.

4. Each Party agrees to observe the security provisions required by the other Party for entry into, for departure from, and while within the territory of that other Party and to take adequate measures to protect aircraft and to inspect passengers, crew, and their baggage and carry-on items, as well as cargo and aircraft stores, prior to and during boarding or loading. Each Party shall also give positive consideration to any request from the other Party for special security measures to meet a particular threat.

5. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat.

6. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Party may request immediate consultations with the aeronautical authorities of the other Party. Failure to reach a satisfactory agreement within 15 days from the date of such request shall constitute grounds to withhold, revoke, suspend, limit, or impose conditions on the operating authorization and technical permissions of an airline or airlines of that Party. When required by an emergency, a Party may take interim action prior to the expiry of 15 days.

Commercial Opportunities

1. The airlines of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation.

2. The airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational, and other specialist staff required for the provision of air transportation.

3. Each airline shall have the right to perform its own ground-handling in the territory of the other Party (“self-handling”) or, at the airline’s option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all airlines charges shall be based on the costs of services provided and such services shall be comparable to the kind and quality of services as if self-handling were possible.

4. An airline of a Party may engage in the sale of air transportation in the territory of the other Party directly and, at the airline’s discretion, through its agents, except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, and passenger cancellation and refund rights. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies.

5. Each airline shall have the right to convert and remit to its country and, except where inconsistent with generally applicable law or regulation, any other country or countries of its choice, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance.

6. The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation.

7. In operating or holding out the authorized services under this Agreement, any airline of one Party may enter into cooperative marketing arrangements such as blocked-space, code-sharing, or leasing arrangements, with

a. an airline or airlines of either Party

b. an airline or airlines of a third country and

c. a surface transportation provider of any country

provided that all participants in such arrangements (i) hold the appropriate authority and (ii) meet the requirements normally applied to such arrangements.

8. Airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including to and from all airports with customs facilities, and to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

Customs Duties and Charges

1. On arriving in the territory of one Party, aircraft operated in international air transportation by the airlines of the other Party, their regular equipment, ground equipment, fuel, lubricants, consumable technical supplies, spare parts (including engines), aircraft stores (including but not limited to such items of food, beverages and liquor, tobacco, and other products destined for sale to or use by passengers in limited quantities during flight), and other items intended for or used solely in connection with the operation or servicing of aircraft engaged in international air transportation shall be exempt, on the basis of reciprocity, from all import restrictions, property taxes and capital levies, customs duties, excise taxes, and similar fees and charges that are (a) imposed by the national authorities, and (b) not based on the cost of services provided, provided that such equipment and supplies remain on board the aircraft.

2. There shall also be exempt, on the basis of reciprocity, from the taxes, levies, duties, fees, and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:

a. aircraft stores introduced into or supplied in the territory of a Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these stores are to be used on a part of the journey performed over the territory of the Party in which they are taken on board

b. ground equipment and spare parts (including engines) introduced into the territory of a Party for the servicing, maintenance, or repair of aircraft of an airline of the other Party used in international air transportation

c. fuel, lubricants, and consumable technical supplies introduced into or supplied in the territory of a Party for use in an aircraft of an airline of the other Party engaged in international air transportation, even when these supplies are to be used on a part of the journey performed over the territory of the Party in which they are taken on board and

d. promotional and advertising materials introduced into or supplied in the territory of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these materials are to be used on a part of the journey performed over the territory of the Party in which they are taken on board.

3. Equipment and supplies referred to in paragraphs 1 and 2 of this Article may be required to be kept under the supervision or control of the appropriate authorities.

4. The exemptions provided by this Article shall also be available where the airlines of one Party have contracted with another airline, which similarly enjoys such exemptions from the other Party, for the loan or transfer in the territory of the other Party of the items specified in paragraphs 1 and 2 of this Article.

1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms not less favorable than the most favorable terms available to any other airline at the time the charges are assessed.

2. User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.

3. Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.

4. Neither Party shall be held, in dispute resolution procedures pursuant to Article 14, to be in breach of a provision of this Article, unless (a) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time or (b) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.

1. Each Party shall allow a fair and equal opportunity for the airlines of both Parties to compete in providing the international air transportation governed by this Agreement.

2. Each Party shall allow each airline to determine the frequency and capacity of the international air transportation it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of traffic, frequency, or regularity of service, or the aircraft type or types operated by the airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.

3. Neither Party shall impose on the other Party’s airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency, or traffic that would be inconsistent with the purposes of this Agreement.

4. Neither Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article or as may be specifically authorized in this Agreement. If a Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on airlines of the other Party.

1. Each Party shall allow prices for air transportation to be established by airlines of both Parties based upon commercial considerations in the marketplace.

2. Prices for international air transportation between the territories of the Parties shall not be required to be filed. Notwithstanding the foregoing, the airlines of the Parties shall provide immediate access, on request, to information on historical, existing, and proposed prices to the aeronautical authorities of the Parties in a manner and format acceptable to those aeronautical authorities.

Either Party may, at any time, request consultations relating to this Agreement. Such consultations shall begin at the earliest possible date, but not later than 60 days from the date the other Party receives the request unless otherwise agreed.

Settlement of Disputes

1. Any dispute arising under this Agreement, except those that may arise under Article 12 (Pricing), that is not resolved within 30 days of the date established for consultations pursuant to a request for consultations under Article 13 may be referred, by agreement of the Parties, for decision to some person or body. If the Parties do not so agree, either Party may give written notice to the other Party through diplomatic channels that it is requesting that the dispute be submitted to arbitration.

2. Arbitration shall be by a tribunal of three arbitrators to be constituted as follows:

a. Within 30 days after the receipt of a request for arbitration, each Party shall name one arbitrator. Within 60 days after these two arbitrators have been named, they shall by agreement appoint a third arbitrator, who shall act as President of the arbitral tribunal

b. If either Party fails to name an arbitrator, or if the third arbitrator is not appointed, in accordance with subparagraph a of this paragraph, either Party may request the President of the Council of the International Civil Aviation Organization to appoint the necessary arbitrator or arbitrators within 30 days. If the President of the Council is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.

3. The arbitral tribunal shall be entitled to decide the extent of its jurisdiction under this Agreement and, except as otherwise agreed, shall establish its own procedural rules. The tribunal, once formed, may at the request of either Party recommend interim relief measures pending its final determination. If either of the Parties requests it or the tribunal deems it appropriate, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 15 days after the tribunal is fully constituted.

4. Except as otherwise agreed or as directed by the tribunal, the statement of claim shall be submitted within 45 days of the time the tribunal is fully constituted, and the statement of defense shall be submitted 60 days thereafter. Any reply by the claimant shall be submitted within 30 days of the submission of the statement of defense. Any reply by the respondent shall be submitted within 30 days thereafter. If either Party requests it or the tribunal deems it appropriate, the tribunal shall hold a hearing within 45 days after the last pleading is due.

5. The tribunal shall attempt to render a written decision within 30 days after completion of the hearing or, if no hearing is held, after the last pleading is submitted. The decision of the majority of the tribunal shall prevail.

6. The Parties may submit requests for interpretation of the decision within 15 days after it is rendered and any interpretation given shall be issued within 15 days of such request.

7. Each Party shall, to the degree consistent with its national law, give full effect to any decision or award of the arbitral tribunal.

8. The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Parties. Any expenses incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph 2b of this Article shall be considered to be part of the expenses of the arbitral tribunal.

Either Party may, at any time, give notice in writing to the other Party of its decision to terminate this Agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organization. This Agreement shall terminate at midnight (at the place of receipt of the notice to the other Party) at the end of the International Air Transport Association (IATA) traffic season in effect one year following the date of written notification of termination, unless the notice is withdrawn by agreement of the Parties before the end of this period.

Registration with ICAO

This Agreement and all amendments thereto shall be registered with the International Civil Aviation Organization.

This Agreement shall enter into force on the date of the later note of an exchange of diplomatic notes between the Parties confirming that each Party has completed the necessary internal procedures for entry into force of the Agreement.

Upon entry into force, this Agreement shall supersede, to the extent they are currently in force, the Agreements listed in Annex 2 to this Agreement. Upon entry into force, this Agreement shall also replace, to the extent they are currently applicable, the arrangements listed in Annex 2 to this Agreement.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

DONE at _____________, this _______day of ________, 20__, in two originals, in the English language.

FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND:

Concerning Additional Matters Related to Ownership and Control of UK Airlines

An airline of the United Kingdom that was authorized by the Department of Transportation as of November 28, 2018, shall be deemed to satisfy the ownership and control standards of Articles 3(a) and 4(1)(b) of the Agreement, provided that:

a. substantial ownership of the airline remains vested in the United Kingdom, one or more States that were party to the European Economic Area Agreement as of November 28, 2018, and continue to be such a party, nationals of one or more of these States, or a combination thereof, provided that any such State is party to a modern liberal air transport agreement with the United States that is being applied

b. changes in the degree of ownership of the airline by third countries or their nationals do not result in significant third country ownership and

c. the degree of control of the airline exerted by third countries or their nationals does not increase substantially.

1. As provided in Article 17 of this Agreement, the following agreements shall be superseded, to the extent they are currently in force, upon entry into force of this Agreement.

a. Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Air Services, and exchange of letters, signed at Bermuda July 23, 1977 (“the 1977 agreement”)

b. Agreement relating to North Atlantic air fares, concluded March 17, 1978 (“the 1978 agreement”)

c. Agreement amending the 1977 agreement, concluded April 25, 1978

d. Agreement modifying and extending the 1978 agreement, concluded November 2 and 9, 1978

e. Agreement amending the 1977 agreement, concluded December 4, 1980

f. Agreement amending the 1977 agreement, concluded February 20, 1985

g. Agreement amending the 1977 agreement, concluded May 25, 1989

h. Exchange of Notes concerning reciprocal recognition of airline fitness and citizenship determination, concluded May 25, 1989

i. Agreement concerning amendments of the 1977 agreement, termination of the US/UK Arbitration Concerning Heathrow Airport User Charges and the request for arbitration made by the United Kingdom in its embassy’s note no. 87 of 13 October 1993 and settlement of the matters which gave rise to those proceedings, concluded March 11, 1994

j. Agreement amending the 1977 agreement, concluded March 27, 1997

  1. As provided in Article 17 of this Agreement, the following arrangements shall be replaced, to the extent they are currently applicable, upon entry into force of this Agreement.

a. Arrangements contained in the Memorandum of Consultations dated September 11, 1986

b. Arrangements contained in the Exchange of Letters dated October 17 and November 10, 1986

c. Arrangements contained in the Exchange of Letters dated July 27, 1990

d. Arrangements contained in the Memorandum of Consultations dated March 11, 1991

e. Arrangements contained in the Exchange of Letters dated November 13, 1991

f. Arrangements contained in the Exchange of Letters dated April 7, 1994, as subsequently extended

g. Arrangements contained in the Exchange of Letters dated October 6, 1994

h. Arrangements contained in the Memorandum of Consultations dated June 5, 1995

i. Arrangements contained in the Exchange of Letters dated March 31 and April 3, 2000.


Infrastructure

Coordinating, harmonising and complementing transport and communications policies improving and expanding the existing transport and communication links and establishing new ones as a means of furthering the physical cohesion of the Partner States, so as to facilitate and promote the movement of traffic within the Community.

EAC and Infrastructure

Infrastructure is one of the most critical enablers of a successful regional integration, taking into account its importance in facilitating activities such as trade, agriculture, tourism and the movement of labour and other resources. The sector has the following sub-sectors:

It is in this regard that the Treaty for the establishment of the East African Community states that the Partner States’ provision of basic infrastructure shall be one of the Operational Principles of the Community.

It outlines in greater detail the need for co-operation in infrastructure and services within the EAC and identifies the key aspects of this co-operation and these include: harmonisation of regulatory laws, rules and practices construction and maintenance of infrastructure in Partner States and review and re-design of intermodal transport systems, among others.

Transport Systems in the EAC

The EAC operates five modes of transport systems consisting of road, rail, maritime, air transport and oil pipeline. The EAC recognises that regional infrastructure interventions are key to attracting investment into the region, improving competitiveness, and promoting trade.

The infrastructure and support services sub-sector covers roads, railways, civil aviation, maritime transport and ports, multi-modal transport, freight administration and management. A number of Tripartite Agreements have been reached in the field of infrastructure including Road Transport, and Inland Waterway Transport aimed at providing a facilitative instrument to regulate inland waterways transport, particularly across Lake Victoria.

The transport system in Tanzania and Kenya, in addition to supporting national economic development, acts as a vital transit network for the neighbouring landlocked countries of the Lake Victoria Basin region being Uganda, Rwanda, Burundi, Ethiopia, South Sudan and the Democratic Republic of Congo.

The Partner States have implemented sector reforms aimed at efficient provision of services with the ultimate goal of substantially reducing the current high cost of transport in the region. These reforms include the formation of regulatory authorities and operational agencies and privatisation of operations.


Why now?

Coronavirus crisis hit especially hard the carriers operating on the long-haul international flights and it will take time for them to return. The start up airlines are using smaller, narrow-body aircraft and are primarily targeting the quickly recovering domestic market.

“Itapemirim will enter the market appropriate to the size of the demand. Today, even in the middle of COVID-19, with the number of flights that the counterparts are offering, the flight occupancy is around 85%, 90%,” said ITA’s CEO Tiago Senna.

Smaller airlines might have an advantage as charter routes could become more popular due to border restrictions and on-going lockdowns across Europe. Flyr’s CEO Braathen told CNN that he was confident that when Flyr launched the aviation landscape would be quite different.

“How passenger flow will look is obviously uncertain, but we are starting relatively modestly,” Braathen said. “And then we plan to scale the airline as we go over the next two, three years.”


7 FAA employee groups warn against privatizing air traffic control

/>OPA-LOCKA, FL - MARCH 04: Air Traffic Controller, Robert Moreland, works in the control tower at Opa-locka airport on March 4, 2013 in Opa-locka, Florida. Due to sequestration cuts, small airports such as Opa-locka, which is a popular spot for corporate jets to land, will close its control tower in April to save federal transportation dollars under the federal spending cuts that went in to affect last week. Even though the control tower will close, planes will still be able to use the airport just without the help from the control tower. (Photo by Joe Raedle/Getty Images)

The privatization of the Federal Aviation Administration’s air traffic control system jeopardizes the nation’s Next Generation Air Transportation System, the deficit and national defense, according to a joint statement from groups representing FAA employees and managers.

Seven organizations have united to express to the House Transportation and Infrastructure Committee that they oppose privatization of any of the functions or services within the FAA.

In a press statement, the representatives state, "Quite simply, overhauling the entire aviation system by removing air traffic control from federal oversight and funding will be a serious setback for its development and growth. Our air traffic control system is a national public asset and we strongly believe it should remain in the public trust."

They cite progress and economic activity that would be lost if there were disruptions to the NextGen systems researchers and engineers at the William J. Hughes Technical Center outside Atlantic City, N.J. They also mention the potential for great risks to the flying public if the National Airspace System is not properly replaced.

According to the letter, both the Congressional Budget Office and Department of Defense have expressed concerns about the impact privatization would have on the economy and military operations.

The seven groups cosigning the letter include the American Federation of Government Employees American Federation of State, County & Municipal Employees FAA Managers Association National Association of Government Employees National Federation of Federal Employees Professional Association of Aeronautical Center Employees and Professional Aviation Safety Specialists.

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Senate EPW Introduces Bipartisan Surface Transportation Bill

Over the weekend Senate Environment and Public Works (EPW) Committee Chairman Tom Carper (D-DE), Ranking Member Shelley Moore Capito (R-WV), and Transportation and Infrastructure Subcommittee Chairman Ben Cardin (D-MD) and Ranking Member Kevin Cramer (R-ND) introduced the Surface Transportation Reauthorization Act (STRA) of 2021.

This legislation takes the first step in reauthorizing highway and bridge programs currently set to expire under the Fixing America&rsquos Surface Transportation (FAST) Act on September 30, 2021. Rail, safety, transit, and fixing the Highway Trust Fund (HTF) are the jurisdiction of the Senate Commerce, Banking, and Finance Committees, and will be added to the STRA at a later date.

STRA is a five-year, $303.5 billion reauthorization of core federal highway and bridge programs and represents a 22-percent increase from current FAST Act funding levels. $273.2 billion, or 90-percent, of total highway funding from the Highway Trust Fund (HTF) is distributed to states by formula. Topline funding includes $148 billion for the National Highway Performance Program (NHPP), $64.8 billion for the Surface Transportation Block Grant Program (STBG), and $13.2 billion for the Congestion Mitigation and Air Quality Program (CMAQ). Beyond these funding levels STRA includes provisions that accelerate project delivery, invest in resilience, address climate change, and improve road safety. Specifically, this legislation:

Accelerate Project Delivery

  • Codifies &lsquoOne Federal Decision&rsquo. The Department of Transportation (DOT) is required to complete environmental reviews in two years. Documentation is limited to 200 pages unless a review has wide scope and is highly complex.
  • Eliminates existing requirements for states repaying Federal-aid reimbursements for preliminary engineering costs on a project that has not advanced to right-of-way acquisition or construction within 10 years.
  • Updates the Transportation Infrastructure Finance and Innovation Act (TIFIA) program to increase program use, streamline the application process, and increase transparency.

Invest in Resilience and Address Climate Change

  • Appoints 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation. These centers will support research that improves resilience on surface transportation infrastructure. Grants will be awarded at $ 5 million or above for each fiscal year through 2031.
  • Creates the Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) grant program, which helps states improve the resiliency of transportation infrastructure. $7.2 billion is provided over a 5-year period.
  • Institutes a congestion relief program to provide competitive grants to states and local governments to advance solutions to congestion relief in highly congested areas. Minimum grant award size is $10 million, and the bill provides $250 million over five years.
  • DOT is required to revise the Federal Highway Administration&rsquos Emergency Relief program to include a definition or resilience, encourage complete street design principles, and develop best practices for improving the use of resilience.
  • Establishes the Carbon Reduction Incentive Program to encourage reduced carbon emissions. Grants would be made available to state or local governments that demonstrate reduction in transportation emissions. The program will receive $6.4 billion over 5 years.
  • Creates the Healthy Streets program which provides funding to deploy cool and porous pavements and expand tree cover to mitigate urban heat islands, improve air quality, and reduce flood risks. $500 million is provided over five years.

Improve Road Safety

  • A new competitive grant program to address the backlog of bridges in poor condition nationwide. $3.2 billion is authorized for the program.
  • Establishes a wildlife crossing pilot program to provide grants for projects designed to reduce wildlife-vehicle collisions and improve habitat connectivity. $350 million is provided over five years.
  • Requires DOT to implement recommendations from a Government Accountability Office (GAO) Report entitled &ldquoHighway Safety: More Robust DOT Oversight of Guardrails and Other Roadside Hardware Could Further Enhance Safety&rdquo published in June 2016.
  • DOT is directed to update the Manual on Uniform Traffic Control Devices, and to continue to update the manual no less than every four years.
  • Established a grant program to provide state DOTs and local government assistant with installing projects designed to prevent pedestrian injuries. The program is authorized at $ 5 million from 2022 to 2026.

Address Future Needs

  • Authorizes a study to provide the best available estimate of the total amount of fuel taxes paid by users of non-highway recreational vehicles into the HTF. Reauthorizes and renames the Surface Transportation System Funding Alternatives Program in order to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms to support HTF solvency.
  • Requires DOT and the Department of the Treasury to establish a pilot program to demonstrate a national motor vehicle per-mile user fee.
  • Develops a pilot program to study access to transportation access to improve future planning of the surface transportation network.

During Wednesday&rsquos markup, EPW passed the legislation, 20-0. Senate Commerce and Banking Committees will now need to begin their portions of a surface transportation reauthorization. ASCE joined our industry partners before the markup in supporting this first important step in reauthorizing our federal surface programs.

In ASCE&rsquos 2021 Infrastructure Report Card, our nation&rsquos roads and bridges received a &ldquoD&rdquo and &ldquoC.&rdquo We applaud the efforts of Chairman Carper, Ranking Member Capito, and Senators Cardin and Cramer in developing comprehensive bill that will help address the needs of our ever-changing surface transportation system. We strongly urge the Senate Commerce and Banking Committees to act quickly to address the challenges facing rail networks, transportation safety, and transit systems before the Senate Finance Committee debates a pay-for solution and the full Senate can vote on a comprehensive package.


U.S.-Kazakhstan Air Transport Agreement of December 30, 2019

Desiring to make it possible for airlines to offer the traveling and shipping public a variety of service options, and wishing to encourage individual airlines to develop and implement innovative and competitive prices

Desiring to facilitate the expansion of international air transport opportunities

Desiring to ensure the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air transportation, and undermine public confidence in the safety of civil aviation and

Being Parties to the Convention on International Civil Aviation, done at Chicago December 7, 1944

Article 1
Definitions

For the purposes of this Agreement, unless otherwise stated, the term:

  1. “Aeronautical authorities” means, in the case of the United States, the Department of Transportation and in the case of Kazakhstan, the Ministry of Industry and Infrastructural Development, and any person or agency authorized to perform functions exercised by the Ministry of Industry and Infrastructural Development
  2. “Agreement” means this Agreement and any amendments thereto
  3. “Air transportation” means the public carriage by aircraft of passengers, baggage, cargo, and mail, separately or in combination, scheduled or charter, for remuneration or hire
  4. “Airline of a Party” means an airline that has received its Air Operator’s Certificate (AOC) from and has its principal place of business in the territory of that Party
  5. “Convention” means the Convention on International Civil Aviation, done at Chicago December 7, 1944, and includes:
  6. any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties, and
  7. any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties
  8. “Full cost” means the cost of providing service plus a reasonable charge for administrative overhead
  9. “International air transportation” means air transportation that passes through the airspace over the territory of more than one State
  10. “Price” means any fare, rate, or charge for the carriage of passengers, baggage, or cargo (excluding mail) in air transportation, including surface transportation in connection with international air transportation, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate, or charge
  11. “Stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, baggage, cargo, or mail in air transportation
  12. “Territory” means the land areas, internal waters, and territorial sea under the sovereignty of a Party and
  13. “User charge” means a charge imposed on airlines for the provision of airport, airport environmental, air navigation, or aviation security facilities or services including related services and facilities.

Article 2
Grant of Rights

  1. Each Party grants to the other Party the following rights for the conduct of international air transportation by the airlines of the other Party:
    1. the right to fly across its territory without landing
    2. the right to make stops in its territory for non-traffic purposes
    3. the right to perform international air transportation between points on the following routes:
      1. for airlines of Kazakhstan, from points behind Kazakhstan via Kazakhstan and intermediate points to any point or points in the United States and beyond and for all-cargo service, between the United States and any point or points
      2. for airlines of the United States, from points behind the United States via the United States and intermediate points to any point or points in Kazakhstan and beyond and for all-cargo service, between Kazakhstan and any point or points and
      1. operate flights in either or both directions
      2. combine different flight numbers within one aircraft operation
      3. serve behind, intermediate, and beyond points and points in the territories of the Parties in any combination and in any order
      4. omit stops at any point or points
      5. transfer traffic from any of its aircraft to any of its other aircraft at any point
      6. serve points behind any point in its territory with or without change of aircraft or flight number and hold out and advertise such services to the public as through services
      7. make stopovers at any points whether within or outside the territory of either Party
      8. carry transit traffic through the other Party’s territory and
      9. combine traffic on the same aircraft regardless of where such traffic originates
        without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement, provided that, with the exception of all-cargo services, the transportation is part of a service that serves a point in the homeland of the airline.

      Article 3
      Authorization

      Each Party, on receipt of applications from an airline of the other Party, in the form and manner prescribed for operating authorizations and technical permissions, shall grant appropriate authorizations and permissions with minimum procedural delay, provided:

      1. substantial ownership and effective control of that airline are vested in the other Party, nationals of that Party, or both
      2. the airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air transportation by the Party considering the application or applications and
      3. the other Party is maintaining and administering the provisions set forth in Article 6 (Safety) and Article 7 (Aviation Security).

      Article 4
      Revocation of Authorization

      1. Either Party may revoke, suspend, limit, or impose conditions on the operating authorizations or technical permissions of an airline where:
        1. that airline is not an airline of the other Party under Article 1(4)
        2. substantial ownership and effective control of that airline are not vested in the other Party, the other Party’s nationals, or both or
        3. that airline has failed to comply with the laws and regulations referred to in Article 5 (Application of Laws) of this Agreement.

        Article 5
        Application of Laws

        1. The laws and regulations of a Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be complied with by such aircraft upon entering, when departing from, or while within the territory of that Party.
        2. While entering, within, or leaving the territory of one Party, its laws and regulations relating to the admission to or departure from its territory of passengers, crew or cargo on aircraft (including regulations relating to entry, clearance, aviation security, immigration, passports, customs and quarantine or, in the case of mail, postal regulations) shall be complied with by, or on behalf of, such passengers, crew or cargo of the other Party’s airlines.

        Article 6
        Safety

        1. Each Party shall recognize as valid, for the purpose of operating the air transportation provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by the other Party and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. Each Party may, however, refuse to recognize as valid for the purpose of flight above its own territory, certificates of competency and licenses granted to or validated for its own nationals by the other Party.
        2. Either Party may request consultations concerning the safety standards maintained by the other Party relating to aeronautical facilities, aircrews, aircraft, and operation of airlines of that other Party. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards and requirements in these areas that at least equal the minimum standards that may be established pursuant to the Convention, the other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards, and the other Party shall take appropriate corrective action. Each Party reserves the right to withhold, revoke, suspend, limit, or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in the event the other Party does not take such appropriate corrective action within a reasonable time and to take immediate action, prior to consultations, as to such airline or airlines if the other Party is not maintaining and administering the aforementioned standards and immediate action is essential to prevent further noncompliance.

        Article 7
        Aviation Security

        1. The Parties affirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, done at Tokyo September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal February 24, 1988.
        2. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of airports and air navigation facilities, and to address any other threat to the security of civil air navigation.
        3. The Parties shall, in their mutual relations, act in conformity with the aviation security standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as Annexes to the Convention they shall require that operators of aircraft of their registry, operators of aircraft that have their principal place of business or permanent residence in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions.
        4. Each Party agrees to observe the security provisions required by the other Party for entry into, for departure from, and while within the territory of that other Party and to take adequate measures to protect aircraft and to inspect passengers, crew, and their baggage and carry-on items, as well as cargo and aircraft stores, prior to and during boarding or loading. Each Party shall also give positive consideration to any request from the other Party for special security measures to meet a particular threat.
        5. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat.
        6. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Party may request immediate consultations with the aeronautical authorities of the other Party. Failure to reach a satisfactory agreement within 15 days from the date of such request shall constitute grounds to withhold, revoke, suspend, limit, or impose conditions on the operating authorization and technical permissions of an airline or airlines of that Party. When required by an emergency, a Party may take interim action prior to the expiry of 15 days.

        Article 8
        Commercial Opportunities

        1. The airlines of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation.
        2. The airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational, and other specialist staff required for the provision of air transportation.
        3. Each airline shall have the right to perform its own ground-handling in the territory of the other Party (“self-handling”) or, at the airline’s option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all airlines charges shall be based on the costs of services provided and such services shall be comparable to the kind and quality of services as if self-handling were possible.
        4. An airline of a Party may engage in the sale of air transportation in the territory of the other Party directly and, at the airline’s discretion, through its agents, except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, and passenger cancellation and refund rights. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies.
        5. Each airline shall have the right to convert and remit to its country and, except where inconsistent with generally applicable law or regulation, any other country or countries of its choice, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the airline makes the initial application for remittance.
        6. The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation.
        7. In operating or holding out the authorized services under this Agreement, any airline of one Party may enter into cooperative marketing arrangements such as blocked-space, code-sharing, or leasing arrangements, with
          1. an airline or airlines of either Party
          2. an airline or airlines of a third country and
          3. a surface transportation provider of any country
            provided that all participants in such arrangements (i) hold the appropriate authority and (ii) meet the requirements normally applied to such arrangements.
          1. Airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for cargo to or from any points in the territories of the Parties or in third countries, including to and from all airports with customs facilities, and to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.

          Article 9
          Customs Duties and Charges

          1. On arriving in the territory of one Party, aircraft operated in international air transportation by the airlines of the other Party, their regular equipment, ground equipment, fuel, lubricants, consumable technical supplies, spare parts (including engines), aircraft stores (including but not limited to such items of food, beverages and liquor, tobacco, and other products destined for sale to or use by passengers in limited quantities during flight), and other items intended for or used solely in connection with the operation or servicing of aircraft engaged in international air transportation shall be exempt, on the basis of reciprocity, from all import restrictions, property taxes and capital levies, customs duties, excise taxes, and similar fees and charges that are (a) imposed by the national authorities, and (b) not based on the cost of services provided, provided that such equipment and supplies remain on board the aircraft.
          2. There shall also be exempt, on the basis of reciprocity, from the taxes, levies, duties, fees, and charges referred to in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:
            1. aircraft stores introduced into or supplied in the territory of a Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these stores are to be used on a part of the journey performed over the territory of the Party in which they are taken on board
            2. ground equipment and spare parts (including engines) introduced into the territory of a Party for the servicing, maintenance, or repair of aircraft of an airline of the other Party used in international air transportation
            3. fuel, lubricants, and consumable technical supplies introduced into or supplied in the territory of a Party for use in an aircraft of an airline of the other Party engaged in international air transportation, even when these supplies are to be used on a part of the journey performed over the territory of the Party in which they are taken on board and
            4. promotional and advertising materials introduced into or supplied in the territory of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Party engaged in international air transportation, even when these materials are to be used on a part of the journey performed over the territory of the Party in which they are taken on board.

            Article 10
            User Charges

            1. User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms not less favorable than the most favorable terms available to any other airline at the time the charges are assessed.
            2. User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.
            3. Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.
            4. Neither Party shall be held, in dispute resolution procedures pursuant to Article 14, to be in breach of a provision of this Article, unless (a) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time or (b) following such a review it fails to take all steps within its power to remedy any charge or practice that is inconsistent with this Article.

            Article 11
            Fair Competition

            1. Each Party shall allow a fair and equal opportunity for the airlines of both Parties to compete in providing the international air transportation governed by this Agreement.
            2. Each Party shall allow each airline to determine the frequency and capacity of the international air transportation it offers based upon commercial considerations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of traffic, frequency, or regularity of service, or the aircraft type or types operated by the airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
            3. Neither Party shall impose on the other Party’s airlines a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity, frequency, or traffic that would be inconsistent with the purposes of this Agreement.
            4. Neither Party shall require the filing of schedules, programs for charter flights, or operational plans by airlines of the other Party for approval, except as may be required on a non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this Article or as may be specifically authorized in this Agreement. If a Party requires filings for information purposes, it shall minimize the administrative burdens of filing requirements and procedures on air transportation intermediaries and on airlines of the other Party.

            Article 12
            Pricing

            1. Each Party shall allow prices for air transportation to be established by airlines of both Parties based upon commercial considerations in the marketplace.
            2. Prices for international air transportation between the territories of the Parties shall not be required to be filed. Notwithstanding the foregoing, the airlines of the Parties shall provide immediate access, on request, to information on historical, existing, and proposed prices to the aeronautical authorities of the Parties in a manner and format acceptable to those aeronautical authorities.

            Article 13
            Consultations

            Either Party may, at any time, request consultations relating to this Agreement. Such consultations shall begin at the earliest possible date, but not later than 60 days from the date the other Party receives the request unless otherwise agreed.

            Article 14
            Settlement of Disputes

            1. Any dispute arising under this Agreement, except those that may arise under Article 12 (Pricing), that is not resolved within 30 days of the date established for consultations pursuant to a request for consultations under Article 13 may be referred, by agreement of the Parties, for decision to some person or body. If the Parties do not so agree, either Party may give written notice to the other Party through diplomatic channels that it is requesting that the dispute be submitted to arbitration.
            2. Arbitration shall be by a tribunal of three arbitrators to be constituted as follows:
              1. Within 30 days after the receipt of a request for arbitration, each Party shall name one arbitrator. Within 60 days after these two arbitrators have been named, they shall by agreement appoint a third arbitrator, who shall act as President of the arbitral tribunal
              2. If either Party fails to name an arbitrator, or if the third arbitrator is not appointed, in accordance with subparagraph a of this paragraph, either Party may request the President of the Council of the International Civil Aviation Organization to appoint the necessary arbitrator or arbitrators within 30 days. If the President of the Council is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.

              Article 15
              Termination

              Either Party may, at any time, give notice in writing to the other Party of its decision to terminate this Agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organization. This Agreement shall terminate at midnight (at the place of receipt of the notice to the other Party) at the end of the International Air Transport Association (IATA) traffic season in effect one year following the date of written notification of termination, unless the notice is withdrawn by agreement of the Parties before the end of this period.

              Article 16
              Registration with ICAO

              This Agreement and all amendments thereto shall be registered with the International Civil Aviation Organization.

              Article 17
              Entry into Force

              This Agreement shall enter into force on the date of receipt of the later note in an exchange of diplomatic notes between the Parties confirming that all necessary internal procedures for entry into force of the Agreement have been completed.

              IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

              DONE at Nur-Sultan, this 30th day of December, 2019, in two originals, in the English, Kazakh and Russian languages, all texts being equally authentic.


              Public Safety & Resilience

              The people and commerce using the nation&rsquos air transportation system are protected by the Transportation Security Administration (TSA). While TSA&rsquos primary focus is placed on screening areas and eliminating airplane hijackings, safety goes beyond screening points. For instance, the COVID-19 pandemic has played a major role in airport safety protocols. In February 2021, TSA implemented an executive order requiring individuals to wear a mask at TSA screening checkpoints and throughout the commercial and public transportation systems until at least May 2021. To support airport security, $4.9 million of federal funds were spent on airport security in FY 2020 &mdash consistent with federal spending since FY 2017. However, the NPIAS has identified that from 2021 to 2025, anticipated needs for safety and security projects account for $1.6 billion, or nearly 4% of overall airport funding needs.

              Public Safety & Resilience

              The people and commerce using the nation&rsquos air transportation system are protected by the Transportation Security Administration (TSA). While TSA&rsquos primary focus is placed on screening areas and eliminating airplane hijackings, safety goes beyond screening points. For instance, the COVID-19 pandemic has played a major role in airport safety protocols. In February 2021, TSA implemented an executive order requiring individuals to wear a mask at TSA screening checkpoints and throughout the commercial and public transportation systems until at least May 2021. To support airport security, $4.9 million of federal funds were spent on airport security in FY 2020 &mdash consistent with federal spending since FY 2017. However, the NPIAS has identified that from 2021 to 2025, anticipated needs for safety and security projects account for $1.6 billion, or nearly 4% of overall airport funding needs.

              In 2018, the FAA reported 395 deaths caused by U.S. airplanes &mdash an increase from 347 the previous year. The death total includes incidents on U.S. air carriers, commuter carriers, on-demand air taxis, and general aviation operations. Maintaining safe conditions through establishing runway safety areas, practicing runway incursion mitigation, and implementing wildlife hazard mitigation improves public safety by minimizing the risk of serious accidents.

              The nation&rsquos aviation system continues to be tested by natural and man-made disasters. Specifically, cybersecurity issues have the potential to cause harm to all aspects of air travel. Aviation communication and passenger services, like ticketing, are highly dependent on a strong cybersecurity network, so ensuring safeguards to this system ensures traveler safety and system resilience. Furthermore, during and after natural disasters and other emergencies, airports play a major role as a gateway for urgent relief and access to critical supplies. Therefore, it is important that airports develop and exercise rapid facilities assessments and recovery strategies that can be efficiently and effectively implemented after these types of events.


              Watch the video: Ευρωπαϊκή Ένωση Ύμνος Χώρες (August 2022).