/

' 4909
Kyrgyz Republic/Islamic Republic of Iran

PROTOCOL
On delegation of certain functions of the State of Registry to the State of the Operator

between

Civil Aviation Authority

of the Ministry of Transport and Communications
. of the Kyrgyz Republic
hereir,after referred to as "State of Registry"

and

Civil Aviation Organization

of the Ministry of Road and Transportation
of the Islamic Republic of Iran
hereinafter referred to as "State of the Operator"

hereinafter the State of Registry and the State of the Operator also referred to as the "Parties" or
"Party" as per the context

Whereas the Article 83 bis of the Chicago Convention to which the State of Registry and the State of
the Operator are parties;
Whereas the State of Registry finds it, adequate to delegate some of its functions to the State of the
Operator, and the latter agrees to accept such hnctions as defined in Article 83 bis of the Chicago
P;"
Convention;
Whereas the Parties have a mutual interest in ensuring the safe operation of the Aircraft

The Parties have agreed as follows:

ARTICLE 1. DEFINITIONS

1.1. "Aircraft" means any aircraft registered in Kyrgyz Republic and specified in Appendix 2 to this
Agreement.
1.2. "Annex" means any Annex to the Chicago Convention.
1.3. "Chicago Convention" m e ~ n the
s Convention on International Civil Aviation signed in Chicago on
7 December 1944.
1.4. "ICAO" means International Civil Aviation Organization.

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 Kyrgyz Republic/Islamic Republic of Iran

1.5. "Lease Agreement" means any agreement or similar arrangement under which the Aircraft is
leased, chartered, or interchanged.
1.6. "Lessor" means the operator or owner of the Aircraft whose principle place of business is
located in the Kyrgyz Republic and specified in Appendix 2 to this Agreement.
1.7. "Lessee" means the operator of the Aircraft whose principle place of business or permanent
residence is located in the Islamic Republic of Iran and specified in Appendix 2 to this
Agreement.
1.8. "State of Registry" means the State on whose register the Aircraft is entered.
1.9. "State of the Operator" means the State in which the lessee's principal place of business is
located or, if there is no such place of business, the Lessee's permanent residence.

ARTICLE 2. SCOPE

2.1. This Agreement is limited only to the Aircraft specified in Appendix 2 to this Agreement
*
2.2. The list of the Aircraft identified by type, registration number, manufacturer's serial number
(MSN), name of the Lessee, name of the lessor or owner of the Aircraft and type of the Lease
Agreement shall be specified in Appendix 2 to this Agreement.

ARTICLE 3. DELEGATED FUNCTIONS

3.1. Functions that are normally incumbent on the State of Registry and not specified in this
Agreement shall not be delegated to the State of the Operator.
3.2. Functions delegated from the State of Registry to the State of the Operator shall be set out in
Appendix 1 to this Agreement.

ARTICLE 4. REGISTRATION AND COMMUNICATION

4.1. The State of Registry shall register this Agreement with the Council of ICAO, or directly
communicate the existence and scope of this Agreement to the authorities of other states as
defined in article 83 bis of Chicago Convention.

ARTICLE 5. COOPERATION

5.1. The Parties no less than at 6 (six) months' intervals shall hold meetings with the view of
discussing any aspects of operation or airworthiness of the Aircraft, any matters resulting from
inspections or audits conducted by the Parties and any other issues that may be deemed
necessary by any of the Parties to serve the purpose of this Agreement. These meetings shall
take place in the State of Registry, the State of the Operator or middle ground agreed by the
Parties.
5.2. The State of Registry shall be awarded an unrestricted access to the premises of the Lessee, the
Aircraft, and any document or information source related to the operation or airworthiness of

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 Kyrgyz Republic/Islamic Republic of Iran

the Aircraft, and kept by either the Lessee or the State of the Operator.

ARTICLE 6. SUBLEASE

6.1. No Aircraft shall be subleased to any other operator without an expressed written agreement of
the State of Registry.

ARTICLE 7. MISCELLANEOUS

7.1. State of the Operator shall ensure that a certified true copy of this Agreement is placed on board
each Aircraft.
7.2. The Lessee shall provide the State of Registry and State of the Operator with a copy of the
Lease Agreement and any amendments or additions thereto.
jr 7.3. The State of the Operator shall immediately notify the State of Registry of any Lease
Agreement being cancelled, terminated, or amended.

ARTICLE 8. AMENDMENTS

8.1. Any amendments or additions to this Agreement shall be made by a written document and
signed by both Parties.

ARTICLE 9. TERMINATION

9.1. Any Party shall have the right to terminate this Agreement subject to a written notice served to
other Party no later than 60 (sixty) days prior to such termination.
9.2. In the event of any non-fulfillment or improper fulfillment, by the State of the Operator, of any
'4
of functions delegated hereunder the State of Registry shall have the right to cancel or terminate
this Agreement with immediate effect by serving to the State of the Operator a written notice of
such cancellation or termination.

ARTICLE 10. DISPUTES

10.1. Any disputes arising from interpretation or application of this Agreement shall be resolved by
virtue of bilateral negotiations between the Parties and not be referred to any tribunal,
arbitration, or third party.

ARTICLE 11. FINAL PROVISIONS

11.1. This Agreement shall enter into force upon its signing by both Parties and remains in force until

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I

Kyrgyz Republicnslamic Republic of Iran

terminated.
11.2. This Agreement done at 14.10.2007 in Tehran in two originals English. Each Party shall keep
by one originals of this Agreement.

FOR THE STATE OF REGISTRY FOR THE STATE OF THE OPERATOR

)6rtkion and President of

O the Islamic Renuhlic of
~ A of
Iran

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 Kyrgyz Republicllslamic Republic of Iran C:
APPENDIX 1

To the Agreement on delegation of certain functions of the State of Registry to the State of the Operator between the Department of Civil Aviation of The Ministry of Transport and
Communications of the Kyrgyz Republic hereinafter referred to as 'State of Registry" and Civil Aviation Organization of the Ministry of Road and Transportation of the Islamic
Republic of Iran hereinafter referred to as "State of the Operator" signed at 14.10.2007

*
DELEGATED FUNCTIONS
I
N
.E ICAO Subject Functions of the State of Registry Functions of the State of the Operator
document 1
3
reference
1. Chicago Rules of the air None
Convention, Undertake to:
(1) adopt measures to insure that the Aircraft, wherever it may be, shall comply with
1 1 Article 12 1 I
I the rules and regulations relating to the flight and maneuver of aircraft there in force.
(2) insure the prosecution of all persons violating the regulations applicable.

1 I :l,ta,g,on.
I
I
Aircraft radio equipment
I
None
I
Issue a special licence to the members of the flight crew for the use of a radio
transmitting apparatus. I
I
Article 30 b) 1
I I I

I 1
I I
i o
Article 32 a)
n 1 Licenses of personnel
I None
Provide the pilot and the other members of the operating crew of the Aircraft with
certificates of competency and licenses or render valid such certificates and licenses
in accordance with Annes 1, Chapter 1, Para 1.2.1.
I I I

1 4. Annex 6 ,
part 1,
Aeroplane performance
operating limitations.
Ensure that the Lessor shall provide the State of
the Operator with Aircraft's Flight Manual and
any further amendments thereto.
Ensure that the Arcraft shall be operated in compliance with the terms of its
certificate of ainvorthiness and within the approved operating limitations contained
in its flight manual.
Chapter 5,
-Para
-- 5.2.3
5. Annex6, Aeroplane inshumentq Ensure that the Lessor shall provide the State of Ensure.
the Operator with the follow& Aircraft's
documents and any funher

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Kyrgyz RepublicAslamic Republic of Iran

.-
instruments and equipment, incluchg their
installation; (2) that the MEL does not affect the Aircraft's compliance with the airworthiness
requirements applicable in the State of Registry.

I ( 3 ) the Aircraft shall mny:

I
(a) the operations manual prescribed, or those parts of it that pertain to flight
operations;
@) the flight manual for the Aircraff or other. documents containing
performance data and any other information necessary for the operation of the
Aircraft mithin the terms of its certificate of airworthiness, unless these data are
available in the operations manual; and
c) current and suitable charts to cover the route of the proposed flight and any
which it is reasonable to expect that the flight may be diverted.
Annex 6, Operator's maintenance (1) provide the State of the Operator with the list I Ensure that: I
responsibilities of Maintenance Organizations approved by the
State of Registry;
I the Lessee follows its maintenance responsibilities as to:
(1)
I
Chapter 8,
Para 8.1
(2) inform the State of the Operator of an
equivalent system under which any Maintenance
I (b)the operational and emergency equipment on the Aircraft for an intended I
(a) the Aircraft is maintained in an aimorthy conditioq

Organization mentioned in (1) above has been flight is seniceable;

approved by the State of Registry as defined in
1 (2) the(c)Lessee
the Certificate of Airworthiness of !he Aircrai? remains valid.
shall not operate the Aircraft unless it is maintained and released to
I
senice by an organization approved in accordance with Annex 6, Part L, Chapter 8,
Para 8.7, or under an equivalent system, either of which shall be acceptable to the
State of Registry.
(3) when the State of Registry accepts an equivalent system, the person signing the
maintenance release shall be licensed in accordance with Annex 1.
(4) the Lessee shall employ a person or group of persons to ensure that all
maintenance is carried out in accordance with the maintenance control manual.
(5) the Lessee shall ensure that the maintenance of the Aircraft is performed in

Annex 6, shall provide the State of I Ensure that: I

Control Manual the Operator with a copy of approved Operator's (1) the Lessee shall provide, for the use and guidance of maintenance and
Maintenance Control Manual and any further
operational personnel concerned, a ~naintenancccontrol manual, acceptable to the
Cha ter 8, ---

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Kjrgyz Republic/Islamic Republic of Iran

Para 8.2
cI State of Registry, in accordance with the requirements of Annex 6, Part I, Chapter
11, Para 11.2.
(2) the Lessee shall ensure that the maintenance control manual is amended as
necessary to keep the mformation contained therein up to date.
(3) copies of all amendments to the Operator's Maintenance Control Manual shall be
furnished promptly to all organizations or persons to whom the manual has been
issued.
(4) the Lessee shall provide the State of the Operator and the State of Registry with a
copy of the Operator's Maintenance Control Manual, together with all amendments
andfor revisions to it and shall incorporate in it such mandatory material as the State
of the Operator or the State of Registry may require.
Annex 6, Ensure that the Lessor shall ~rovldethe State of Ensure that:
the Operator with a copy of approved
Part I, (1) the Lessee shall provide, for the use and guidance of maintenance and
Maintenance Program and any furthex
operational personnel concerned, a Maintenance Program approved by the State of
Chapter 8, amendments thereto.
Registry;
Para 8.3 (2) copies of all amendments to the Maintenance Program shall be furnished
promptly to all organizations or persons to whom the Maintenance Program has been
issued.
Annex 6, Maintenance Records Ensure that the Lessor shall provide the State of Ensure that:
the Operator with all forms that are used for
Part I, (1) the Lessee shall keep the following records:
Aircraft's maintenance records.
Chapter 8, (a) the total time in service (hours, calendar time and cycles, as appropriate) of
the Aircraft and all life limited components for a minimum period of 90 (ninety)
Para 8.4 days after the unit to which they refer has been permanently withdrawn from
service;
(b) the current status of compliance with all mandatory continuing airworthiness
information;
(c) appropriate details of modifications and repairs;
(d) the time in senice (hours, calendar time and cycles, as appropriate) since the
last overhaul of the Aircraft or its components subject to a mandatory overhaul
life;
(e) the current status of the Aircraft's compliance with the maintenance program.
and - --

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 %3 Kyrgyz Republicflslamc Republic of Iran c)
(0 The detailed maintenance records to show that all requirements for the signing
of a maintenance release have been met for a minimum period of 1 (one) year
after the signing of the maintenance release.
(2) in the event of a temporary change of the operator, the records shall be made
available to the new operator. In the event of any permanent change of the operator,
the records shall be transferred to the new operator;
(3) in the context of (2), for a judgment on what should be considered as a temporary
change of the operator refer to the State of Registry in the light of the need to
exercise control over the records.
Amex 6, Continuing airworthiness Provide the State of the Operator with all Ensure that the Lessee shall:
information mandatory continuing airworthiness information
Part I, (1) monitor and assess maintenance and opemhonal experiencewith resped to combing
available to or issued by the State of Registry.
airworthinessand provide the i n f o d o n as prescribed by the State of Regstry and report
Chapter 8,
through the system specified in Annex 8, Part II,Chapter 4, Pam 4.2.3 f ) ;
Pam 8.5
(2) obtain and assess continuing airworthiness informalion and r e c o m m ~ o n available
s
from the orgammon responsible for the type design and shall implement resulting actions
- -
considered necessary in accordance with a p d u r e acceptable to the State of Regmy.
.knnex 6, Maintenance Release Ensure that the Lessor shall provide the State of 1 Ensure that-a maintenance release shall be completed and signed to cert@ that the
the Operator with approved data and the maintenance work performed has been completed satisfactorily and in accordance
Part I,
procedures described in the maintenance with approved data and the procedures described in the maintenance organization's
Chapter 8, organization's procedures manual for completion procedures manual.
and signing of Maintenance Release.
Para 8.8.1
Annex 8, Continuing ainvorthiness Provide the State of the Operator with: Ensure that:
of aircraft
Part 11, (a) the type of service information that is to be (1) there exists a system whereby information on faults, malfunctions, defects and
reported to its airworthiness authority by other occurrences that cause or might cause adverse effects on the continuing
Chapter 4,
Para 4.2.3 f),
I operators and maintenance organizations. airworthiness of the Aircraft is transmitted to the organization responsible for the
type design of the Aircraft;
(b) procedures for reporting the information
4.2.4
specified in (a) above. (2) the type of service information that is established by the State of Registry is
being reported to the State of Registry by the Lessee and Maintenance Organizations
responsible for Aircraft's maintenance.

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 - - ev
0
Kyrgyz Repubhc/Islamic Republic of Iran

:
.FOR
..
THE STATE OF REGISTRY
...
..*:
..
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.:.-i::
.,
FOR THJ2 STATE OF THE OPERATOR

: ds and
. , . . . . Republic dent of
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.._
"

_ _ _-
-3

.-..- CAO of the Islamic Republic of

Iran

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 Kyrgyz RepublicAslamic Republic of Iran

APPENDIX 2

To the Agreement on delegation of certain functions of the State of Registry to the State of the Operator between the
Department of Civil Aviation of The Ministry of Transport and Communications of the Kyrgyz Republic hereinafter
referred to as "State of Registry" and Civil Aviation Organization of the Ministry of Road and Transportation of the
Islamic Republic of Iran hereinafter referred to as "State of the Operator" signed at 14.10.2007

LIST OF AIRCRAFT

N Type MSN Registration Type of Lessee Lessor

Lease
- (DryIWet)
1 A310 524 EX-3 10 Dry Mahan Air KyrgyzTransAvia

FOR THE STATE OF REGISTRY FOR THE STATE OF THE O P m T O R

portation and President of

,~AO of the Islamic Republic of
Iran

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