Professional Documents
Culture Documents
Russia 19981221 ASA
Russia 19981221 ASA
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BETWEEN
THE GOVERNMEN~ OF INDIA
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THE GOVERNMENT OF THE !RUSSIAN FEDERATION
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I ARTICLE 1
DEFINITIONS
For the purpose of this Agreement, unl!ess th~ context
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convention adopted under Article 94 of the Convention
ratified by India and by the Russian Federation
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(c) the term ''designated airlin~·· shall mean an
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I (e) the terms\ ''air service'', ''international air
.I service'', ''airline'' and ''stdp fot non-traffic
purposes" have the meanings respectively assigned to
I them in Article 961 of the Conven1tion.
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I ~RTICLE 2
GRANT OF RIGHTS
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i 1. Each Contracting I Party grants to the other
Contracting Party the *ights specified in the present
I Agreement for the purpose of establishing scheduled
I international air servic~s on the routes specified in the
Annex thereto. Such serv~ces and routes are hereinafter
I called "the agreed serv1ces" and "the specified routes"
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I 2. Subject to the provisions of this Agreement, the
I airline(s) designated by leach Contracdng Party shall enjoy
the following rights: I
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!ARTICLE 3 '
DESIGN~TION OF AIRLINES
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I ARTICLE 4 I
I REVOCATION OR SUSPENSION OF OPERATING AUTHORISATION
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1. Each Contracting Part¥ rese~ves ~he ~ightrto itself
I to revoke or suspend the operat1ng a~thor1sat1on pr impose
I such appropriate conditions as it may deem necessar¥:
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I (a) in any case where itl is not sati'sfied that
I substantial ownership and effective controlJ of that
airline are vested in the Contracting Party 1
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I ARTICLE 5 I
I USER CHARGES
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The charges imposed in the territory of · one
Contracting Party for the use of airports and other aviation
facilities by the aircraft of the designated airline(s) of
the other Contracting Party shall not be higher than those
paid by the aircraft of an airline bf the first ' Contracting
Party engaged in similar internatiohal air services. ·
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ARTICLE 61
CUSTOMS CHARGES AND! PROCEDURES
1. Aircraft operated on the agreed services by the
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board the aircraft shall be exempt from all customs duties,
fees and other similar charges on ar~iving in thel territory
of the other Contracting Party pro~ided such equipment and
supplies remain on board the aircraft! up to such t~me as they
are re-exported.
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(a) aircraft stores taken on board in the territory 1
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I (c) fuels and lubricants intehded for use in the
I operation of the agreed servlices by aircra ft of the 1
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3. Regular airborne equipment, as well as the materials,
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6. Passengers, baggage and I cargo in direct transit
across the territory of one Contracting Party and not leaving
the area of one airport reserved for such purpqse shall only
be subject to a simplified control~ Baggage and ca~go in
direct transit shall be exempt frbm customs dubies and other
similar taxes. 1
ARTICLE 7
REPRESENTATION
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1. The designated airline(s~ of one Contracting Party
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shall be allowed on the basis of reciprocity, to maint~in in
the territory of the other! Contracting 1Party their
representatives and commercial, operational and technical
staff as required in connectiorl with the opetation -of the
agreed services. However, number df citizens of the State of
one Contracting Party to be sta~ioned by it~ designated
airlines in the territory of other ~ontracting P~rty shall be
I agreed between the Aeronautic•al Authorities of· both
Contracting Parties. I
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I 2. These staff requirements rna~, at the op~ion of the
designated airline, be satisfied by its own pe~sonnel or by
I using the services of another organisation, company or
airline operating in the territor~ of the othe~ Contracting
I Party, and authorised to perfor~ such services in the
territory of that Contracting Party. 1
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I 3. The representatives and staff shall be subject to the
laws and regulations in force of th~ other Contracting Party,
I and consistent with such laws and regulations, each
I Contracting Party shall, on the basis of reciprocity and with
the minimum of delay, grant the \necessary work pe~mits,
I employment visas or other s1milar documents to the
representatives and staff referred ~o in paragr~ph (~) of
I this Article. i
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4. Based on the principl~ of reciprocity, each
I Contracting Party grants to the desi~nated airline(s) of the
other Contracting Party the right to engage in the sale of 1
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I ARTICLE 8 I
I APPLICABILITY OF NATIONAL LAWS AND REGULATIONS
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The laws and regulations of one Contracting Pp.rty
governing entry into and departure from its territory of
aircraft engaged in international air navigation or operation
and .'navigation of such aircraft while within its terrftory
shall apply to aircraft of the designated airline(s) of the
othe~ Contracting Party. !
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ter~itory.
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ARTICLE 9 I
I CAPACITY PROVISION I ' .
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1. I The designated airlines of the C0ntracting Parties '
shall have fair and equal opportunity toloperate the agreed
ser~ices on the specified routes between! their respeptive 1
·territories.
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·2. In operating the agreed services, the designated
airiine(s) of one Contracting Party shall take into acpount
,the! interests of the designated airlihe(s) of the other
Contracting Party so as not to affect unduly the services ,
,whi<bh the latter provides on whole or ahy part of th~ same
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3. 1 Prior to the commencement of the agreed services, the ,
capacity to be provided and the frequency bf services to be
operated shall be agreed between the Aeron~utical Authorities
of the two Contracting Parties in acrcordance witli the '
'pri~ciples laid down in paragraph ( 1) · and (2) of this
, Art,icle. 1 I '
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the territories of the Contrabting Parties and shall be
subject to agreement bet weep the two 1 Aeronautical
Authorities. Pending such agr~ement or settlement, the
capacity and frequency entitlements already iri force shall
prevail.
ARTICLElO
COMMERCIAL ASPECTS
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ARTICLE
TARIFFS
1. For the purpose of the following paragraphs, the term
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tariff 11 means the prices to J:;>e paid for th\: carriage of
passengers and cargo and the conditions under which these
prices apply, including prices an4 conditions for agency and 1
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3. The tariffs referred tor in paragrapb (2) of this
Article shall, if possible be/agreed between the designated
airlines of the two ContractingrParties and ;such agreement
shall, wherever possible, be reached using the procedures of
I the International Air TransportiAssociation. : ·
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I 4. The tariffs so agreed ~hall be submitted for the
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approval of the Aeronautical ~uthorities of :both Contracting
Parties at least ninety (90) d~ys before the proposed date of 1
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5. The above approval may be given , expressly. If
neither of the Aeronautical! Authorities I has expressed
disapproval . within thirty r(30) days fr!om the date of
submission, in accordance with paragraph (4)1 of this Article,
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Authorities of the Othe~ Contracting,' Party notice of
I disapprqval of a tariff agreed in ac¢ordance with the
I provisions of paragraph (3)) the Aeronautical Authorities of
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I the two Contracting Parties shall endeavour to establish the
I tariff by mutual agreement. :
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I 7. If the Aeronautical Authorities cannot agree on any
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i tariff submitted to them und~r paragraph (4) of this Article,
I or on the establishment df any tariff under paragraph (6),
I the dispute shall be se~tled in acc6rdance with the
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I provisions of Article 18 ofithis Agreement. ·
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8. A tariff establishe~ in accordance with provisions of
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ARTICLE 12
I TRANSFER OF lEARNINGS I
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ARTICLE 14
PROVISION OF STATISTICS
The designated airlinel(s) of each cdntracting Party
shall furnish to the Aeronautical Authorities of the other
Contracting Party statistics re~ating to the 1traffic carried
during each month on the agreed services to and from the
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ARTICLE 15 ,
AVIATION SECURITYl
J. Consistent with their rights ahd obligations under
int~rnatic;mal. law, the Contracting Parties reaff[i:r;m that
thel.r obll.gat1.on to each other to prot~ct the secur1.ty of
9ivil aviation against acts of unlawful interference forms an
1.ntegral part of the present Agreement.l Without limiting the
?enerality of their rights and obligations under
nternational law, the Contracting Parties shall in
i articular act in conformity with he provisionb of the
,onventi?n on Offe~ces and Certain Othe+ Acts Committed on
Board A1.rcraft s1.gned at Tokyo on 14th September 1963, the
¢onvention for the Suppression of Unlawful Seizure of
Aircraft, signed at the Hague on 16th December 1~70, the
cronvention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, signed ~t Montreal bn 23rd
September 1971. I ,
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4. The Contracting Parties shall provide upon request
all necessary assistance to each otner to prevent acts of
unlawful seizure of civil aircraft and [other unlawful acts
against the safety of such aircraft, their passengers and
drew, airports and air navigation facilities, and any other
threat to the security of civil aviation. ·
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5. When an incident or threat of an incident of unlawful
seizure of civil aircraft or other unlawful acts against the
safet¥ of such aircraft, their 'passengers and crew, airports
or· a1r navigation facilities occurs, the Contracting Parties
shall assist each other by facilitating communications and
other appropriate measures intended to terminate rapidly and
safely such incident or threat 'thereof
6. Each Contracting Party shall take measures as it may
find practicable, to ensure th~t an aircraft subjected to .an
act of unlawful seizure or other acts of unlawful
interference which has landed i,n its territory is detained on
the ground unless its departure is necessitated by the
overriding duty to protect human life. Wherever practicable,
such measures shall be taken on the basis of mutual
consultations.
7. Any departure from the provisions of this Article may
constitute grounds for application of Article 4 of this
Agreement.
ARTICLE 16
CONSUIITATION
From time to time t~ere shall be consultations
between the Aeronautical Authorities of the Contracting
Parties to ensure close collaboration in all matters
affecting the fulfillment of the present Agreement.
ARTICLE 17
MODIFICATION OF AGREEMENT
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If either of the Contracting Parties considers it
desirable to modify the provisions of this Agreement and
Annex thereto, it may request a consultation between the
Aeronautical Authorities of both Contracting Parties in
relation to the proposed modification. Such consultation
shall begin within a period of' sixty (60) days from the date
of the request unless the Aeronautical Authorities of the
Contracting Parties agree uppn the prolongation of that
period. Any modification so ag~eed shall come into effect
when confirmed by an exchange of notes through diplomatic
channels. The modifications of Annex may be made by an
agreement between the Aero)'lautical Authorities of the
Contracting Parties.
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ARTICLE 18
SETTLEMENT OF DISPUTES
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ARTICLE 20 I
I REGISTRATION 1
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I The present Agreement and any subsequent amendments
I thereto shall be registered with the International Civil
I Aviation Organisation. i
I ARTibLE 21
I TERMI~ATION
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I Either Contracting Par/ty may at any 'time give written
I notice to the other Contracting Party 'of its desire to I
I organisation. 1 ' ,
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ARTICLE 22 1
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ENTRY INTO FORCE
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Th1s agreement shall enter 1nto force on the date, of
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the last written notification through diplomatilc channels
I confirming that the Contracting Parti~s have fulfil,led their
I internal procedures necessary for i the entry into force of
I this Agreement. 1
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I relating to Air Services (with Annexes) signed in New Delhi
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' I on 2nd June, 1958 shall stand terminated as between the
I Contracting Parties. 1
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DONE at New ~ this2Uttlay of ~ J~qg in
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I two originals each 1n H1nd1, Russ1anr and Eng~guages,
all texts being ~q ally authentic. lin case of any divergence
of interpretation he nglish text 1shall be used• ,
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I ANNEX I
T0 THE AIR TRANSPORT ~GREEMENT
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Any points t o be agreed Mosco~, Points in
I in India St.Peltersburg, Euriope.
I I a thiird point
to be[ agreed
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I Any points in t o be agreed Delhi,Calcutta, Points'in
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I FederationRussian a third point Asia.
to be agreed I
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I Notes:
I (a) The rig ht of the designated airl1ne of' one
Contracting Party to transport passengers, cargo and mail
I between points in the territory of the other !Contracting
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I {c) Intermediate andjor beyond pod.nts other than those
I specified in its Route Schedule ~ay be served by the
I airline{s) of either Contracting Party but without 'exercising
I traffic rights between such points alnd the points in the
I territory of the other Contracting Party. '
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I {d) The designated airlines of the Russian'Federation
I shall be entitled to operate to Delhi and Calcutta on the
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same flight subject to no traffic rights being exercised
between Delhi and Calcutta. Reciprocally the , designated
airlines of India shall be entitled;to operate to, Moscow and
st.Petersburg on the same flight subjject to no traffic rights
being exercised between Moscow and s~. Petersburg.
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I {e) Not more than one airline of1 each Contracting Party
I can be designated for scheduled 'Services between any city
I pair on its route schedule. I
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I {f) Flights along Transsiberian) Transpolar and Transeast
I Routes in the Russian airspace can ~e carried out based on
I respective a9reements between the Aeronautical Authorities of
I the Contract1ng Parties only. : '
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{g) Any types of co-operative m~rketing arran,gements. such
as ~oint operation and code-sharing operatiqns with the
I airl1nes of third countries are sub~ect to special agreement
between the Aeronautical Authoritie1s of both countries.
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{h) While considering matters rrelated to charter flights
of non-designated airlines on a<jreed routes rbetween the
Contracting Parties operated byltheir designated airlines,
the Contracting Parties shall take into account the interest
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