--- title: "\"Соглашение между Правительством Российской Федерации и Правительством Боливарианской Республики Венесуэла о воздушном сообщении\" [рус., англ.]" status: действует canonical: "https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2027/statya-24" --- # Статья 24 ### Статья 24 Вступление Соглашения в силу 1. Настоящее Соглашение вступает в силу через 30 дней с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами в соответствии с законодательством государств Сторон внутригосударственных процедур, необходимых для его вступления в силу. 2. С даты вступления в силу настоящего Соглашения прекращает свое действие в отношениях между Российской Федерацией и Боливарианской Республикой Венесуэла [Соглашение](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-sssr-i-319/statya-1) между Правительством Союза Советских Социалистических Республик и Правительством Республики Венесуэла о воздушном сообщении от 10 декабря 1991 г. В удостоверение чего нижеподписавшиеся, должным образом уполномоченные на то своими Правительствами, подписали настоящее Соглашение. Совершено в г. Каракасе 26 ноября 2008 года в двух экземплярах, каждый на русском, испанском и [английском языках](https://bukva.ai/docs/soglashenie-mezhdu-pravitelstvom-rossiyskoy-2027/statya-24#p100177), причем все тексты имеют одинаковую силу. В случае возникновения разногласий для целей толкования будет использоваться текст на английском языке.
(Подписи)
к Соглашению
между Правительством
Российской Федерации
и Правительством
Боливарианской Республики
Венесуэла
о воздушном сообщении
1. Авиапредприятия, назначенные Российской Федерацией, имеют право выполнять регулярные международные полеты в обоих направлениях по следующим установленным маршрутам: | Пункты отправления | Промежуточные пункты | Пункты в Боливарианской Республике Венесуэла | Пункты за пределами | | --- | --- | --- | --- | | Пункты в Российской Федерации | По договоренности | Каракас, другие пункты в Венесуэле <*> | По договоренности | --- <*> Другие пункты должны являться предметом договоренности между авиационными властями Российской Федерации и Боливарианской Республики Венесуэла. 2. Авиапредприятия, назначенные Боливарианской Республикой Венесуэла, имеют право выполнять регулярные международные полеты в обоих направлениях по следующим установленным маршрутам: | Пункты отправления | Промежуточные пункты | Пункты в Российской Федерации | Пункты за пределами | | --- | --- | --- | --- | | Пункты в Боливарианской Республике Венесуэла | По договоренности | Москва, другие пункты в Российской Федерации <*> | По договоренности | --- <*> Другие пункты должны являться предметом договоренности между авиационными властями Российской Федерации и Боливарианской Республики Венесуэла. Примечания: 1. Промежуточные пункты и пункты за пределами территорий государств Сторон являются предметом отдельной договоренности между авиационными властями государств Сторон. Такие пункты могут не указываться назначенными авиапредприятиями государств Сторон по своему усмотрению. 2. Совмещение пунктов отправления на территории своего государства назначенными авиапредприятиями государств Сторон, а также промежуточных пунктов и пунктов за пределами территорий государств Сторон является предметом отдельной договоренности между авиационными властями государств Сторон. 3. Право назначенного авиапредприятия государства одной Стороны осуществлять перевозки пассажиров, груза и почты между пунктом на территории государства другой Стороны и пунктами на территориях третьих государств (использование прав "пятой свободы воздуха") является предметом отдельной договоренности между авиационными властями государств Сторон. 4. Только одно авиапредприятие может быть назначено каждой Стороной для выполнения регулярных полетов по договорным линиям между любыми парами городов на территориях государств Сторон. 5. Любые полеты с использованием системы транссибирских, трансполярных и трансазиатских воздушных трасс в воздушном пространстве Российской Федерации являются предметом отдельной договоренности между авиационными властями государств Сторон. 6. Чартерные, дополнительные рейсы и рейсы вне расписания могут выполняться по предварительной заявке назначенного авиапредприятия. Эта заявка должна подаваться авиационным властям государства другой Стороны в установленном порядке не позднее чем за 120 часов до вылета воздушного судна, не считая выходных и праздничных дней. 7. Стороны будут позитивно рассматривать заявки назначенных авиапредприятий и других авиапредприятий на выполнение нерегулярных грузовых и пассажирских полетов между двумя государствами в соответствии с законодательством государств Сторон. Такие полеты не должны наносить ущерба регулярным полетам на договорных линиях. 8. При выполнении полетов по договорным маршрутам, установленным в настоящем Приложении, назначенные авиапредприятия государства одной Стороны могут заключать соглашения о коммерческом сотрудничестве, такие, как "блок-спейс" и "код-шеринг", с авиапредприятиями государства другой Стороны. Такие соглашения должны быть одобрены авиационными властями государств Сторон. 9. Назначенные авиапредприятия государств Сторон могут выполнять полеты с использованием любого типа дозвуковых пассажирских воздушных судов. 10. Право назначенных авиапредприятий государств Сторон выполнять только грузовые полеты является предметом отдельной договоренности между авиационными властями государств Сторон. 11. Назначенные авиапредприятия государств Сторон имеют право выполнять до 14 полетов в неделю, которые должны распределяться между ними. 12. Назначенные авиапредприятия государств каждой Стороны соблюдают законы и правила, касающиеся предоставления статистической информации. **AIR SERVICES AGREEMENT** **BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION** **AND THE GOVERNMENT OF THE BOLIVARIAN REPUBLIC OF VENEZUELA** (Caracas, 26.XI.2008) The Government of the Russian Federation and the Government of the Bolivarian Republic of Venezuela hereinafter referred to as Parties; Desiring to promote the links of friendship and collaboration, and conscious that the establishment of air transport services is an effective and necessary instrument for the promotion of the tourism and economic relationship between both countries; Desiring to facilitate the expansion of the opportunities of international air services and to promote the development of the international cooperation in the scope of the air transport; Desiring to make possible that the airlines offer to the users a variety of options of air services; Desiring to grant the highest degree of safety and security in air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which put at risk the safety of persons or property, that adversely affect the operation of air transportation, and undermine public confidence in the safety of civil aviation; Taking into consideration the fact of the Russian Federation and the Bolivarian Republic of Venezuela are Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944; and Desiring to conclude an Agreement, for the purpose of developing air services on the basis of fair and equal opportunities and reciprocity, between the two countries; Have agreed as follows:
Article 1 Definitions
For the purpose of this Agreement, the terms below have the following meanings, unless it is arranged otherwise stated: a) "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944 and includes any annex or amendment thereto under Article 90 of the Convention and any amendment thereto which has entered into force under Article 94 (a) of the Convention, so far as those annexes and amendments have become effective for or been ratified by both States; b) "Agreement" means the present Agreement, its Annex which forms the integral part of the present Agreement, and any amendment to the present Agreement or the Annex made in accordance with Article 18 (Consultations); c) "Aeronautical Authorities" in the case of the Russian Federation, the Ministry of Transport of the Russian Federation or body authorized or a named body, and in the case of the Bolivarian Republic of Venezuela, the National Institute of Civil Aeronautics (INAC) or body authorized or a named body; d) "designated airline" an airline which have been designated and authorized by each Party to operate agreed services on the specified routes, in accordance with Article 4 (Designation and Authorization of Airlines) of this Agreement; e) "tariff" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary service, but excluding remuneration and conditions for the carriage of mail; f) "air service", "international air service", "airline" and "stop for non traffic purposes" have the meanings respectively assigned to them in Article 96 of the Convention; g) "territory" in relation to a state has the meaning assigned to it in Article 2 of the Convention; h) "capacity" in relation to an aircraft means the payload of the aircraft available on the route or section of a route that an airline operate in a period; and in relation to a specified air service means the capacity of aircraft, used on such service, multiplied by the frequency of the flights, operated by such an aircraft over a given period and route or section of route.
Article 2 Grant of Rights
1. Each Party grants to the other Party the rights specified in this Agreement for the purpose of establishing agreed air services on the routes specified in the appropriate section of the schedules agreed by the Aeronautical Authorities of both Parties, annexed to this Agreement (hereinafter called "the agreed services" and "the specified routes"). 2. Subject to the dispositions in this Agreement and its Annexes, the designated airline of each Party, while it operates the agreed services upon the specified routes, will have the following rights: a) to fly across its territory without landing; b) to make stops in the territory of the other Party for non-traffic purposes; c) to make stops in the territory of the other Party to take on board and discharge traffic international passengers, cargo and mail separately or in combination at the points specified for that route making use of the traffics rights agreed between the Aeronautical Authorities and established in this Agreement and its Annexes. 3. Nothing in this Article shall be deemed to confer on the designated airline of one Party, the right of taking on board passengers, cargo and mail carried for hire or reward, between the points in the territory of the State of the other Party.
Article 3 Principles Governing Operation of Agreed Services
1. The designated airlines of the Parties shall have fair and equal opportunity to operate the agreed services on the specified routes between respective territories of their States. 2. While operating the agreed services the designated airlines of one Party shall take into account the interests of the designated airlines of the other Party so as not to affect the services which the latter provides on the whole or any part of the same routes. 3. The agreed services provided by the designated airlines of the Parties shall be related to the requirements of the public for transportation on the specified routes, and each designated airline shall have as its primary objective the provision, at a reasonable load factor of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail between respective territories of their States. 4. When air services (passengers, cargo and mail) provided by the designated airlines of one Party between the points on the territory of the State of the other Party and the points in the third countries the granted capacity shall be made in accordance with the general principles that capacity shall be related to the requirements of: a) traffic between the countries of origin and destination; b) traffic of the area through which the agreed services pass; and c) through airline operations.
Article 4 Designation and Authorization of Airlines
1. Each Party shall have the right to designate or withdraw airlines of its country for the purpose of operating the Agreed Services on the specified routes, according to this Agreement. Such designation or withdrawal shall be made in writing by the respective Aeronautical Authority through diplomatic channels. 2. On receipt of such designation or substitution thereto, and on the request of the designated airline, in the form and manner prescribed, the Aeronautical Authority of the other Party shall grant the appropriate authorizations and permissions with the minimum delays on the procedure, under the conditions that: - the substantial ownership and the effective control of the airline are vested in the Party designating the airline or in its nationals, - the airline complies with the laws and regulations of the Party granting the rights. 3. The Aeronautical Authority of each Party may require an airline designated by the other Party to satisfy them that it is qualified to fulfill the conditions prescribed under the effective laws and regulations normally and reasonably applied to the operation of international air services by such authority. 4. When the airlines have been so designated and authorized, they may begin, at any time, to operate the agreed services, provided that a tariff established in accordance with the provisions of Article 14 (Tariffs) of this Agreement, is in force in respect of the service; and that the frequency, schedules and time-tables of the services, in accordance with the provisions of this Agreement and its Annex, have been approved by the Aeronautical Authority of the Party that has granted the authorization.
Article 5 Revocation, Suspension or Limitation of Authorization
1. The Aeronautical Authority of each Party shall, with respect to an airline designated by the other Party, have the right to revoke the operating authorization, or to suspend the exercise of the rights specified in Article 2 (Grant of Rights) of this Agreement or to impose the conditions as it may deem necessary on the exercise of these rights, temporarily or permanently if: a) the substantial ownership and the effective control of the airline does not correspond to the designated Party or its nationals; b) that airline fails to comply with the conditions prescribed under the present Agreement; с) the airline otherwise fails to operate in accordance with the laws and regulations of the Party granting the rights. 2. Unless immediate revocation, suspension, or imposition of the conditions mentioned in paragraph 1 of this Article be essential to prevent further infringement of laws or regulations, such right shall be exercised only after consultation with the other Party. Such consultation shall begin as soon as possible after the request is received.
Article 6 Approval of Schedule
The designated airlines of one Party shall submit the timetable for approval of the Aeronautical Authority of the other Party in compliance with the law and regulations of such Party at least 45 days before starting the operations.
Article 7 Applicability of National Legislation
1. The laws and regulations and other legal dispositions in force of a Party relating to the admission, to sojourn in, or departure from its territory of an aircraft engaged in international air services, or to the operation and flight across that territory shall also be applied to the aircraft of the designated airline of the other Party. 2. The laws and regulations of a Party relating to the admission, sojourn in, or departure from its territory of passengers, crew, baggage, cargo and mail, such as regulations relating to entry, clearance, immigration, emigration, custom, police, currency and sanitary measures, will be applied to passengers, crew, baggage, cargo and mail transported on board the aircraft of the designated airline of the other Party upon entry into and departure from and while within the said territory.
Article 8 Recognition of Certificates and Licenses
1. Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one Party, and still in force, shall be recognized as valid by the other Party for the purpose of operating the agreed services on the specified routes in the Annexes. 2. Each Party reserves the right, to refuse to recognize for the purpose of flights above its own territory, or landing on said territory, certificates of competency and licenses granted to its own nationals by the other Party or by a third State.
Article 9 Exemption from Customs and other Duties
1. Aircraft operated on the agreed services by the designated airlines of one Party, as well as their regular aircraft equipment, spare parts, supplies of fuel and lubricants, aircraft stores (including food, beverages and tobacco) on board the aircraft shall be exempted from the imposition of customs duties, taxes and other similar payments and fees on arriving in the territory of the State of the other Party provided such equipment, spare pads, supplies and stores remain on board the aircraft up to such time as they are re-exported. 2. There shall also be exempted from the imposition of customs duties, taxes and other similar payments and fees: a. aircraft stores taken on board in the territory of the State of one Party, within limits fixed by the authorities of the said Party, and for use on board the aircraft operated on the agreed services by the designated airline of the other Party; b. equipment and spare parts introduced into the territory of the State of one Party for the technical maintenance or repair of aircraft engaged in operation on agreed services by a designated airlines of the other Party; с. fuel and lubricants, intended for use in the operation of the agreed services by aircraft of the designated airline of one Party, if these aircraft stores are used on the part of the route within the territory of the State of the other Party where they are taken aboard; d. the necessary documents with the airline's symbol used by the designated airlines of the other Party including airtickets, airway bills that are imported or being imported by the airline of one Party to the territory of the State of the other Party in connection with the operation of the agreed services. 3. It is prohibited to use materials, supplies and spare parts as well as documents referred to in paragraph 2 of this Article above for other purposes than that directly specified in this paragraph. The above mentioned objects may be required to be kept under Customs supervision or control in accordance with the internal legislation of the Parties. 4. Regular aircraft equipment, the materials, supplies and spare parts retained on board the aircraft operated by designated airlines of one Party on the agreed services, may be unloaded in the territory of the State of the other Party only with the approval of the Customs authorities of that Party. In such case they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs regulations. 5. Charges corresponding to the services performed, storage and customs clearance will be charged in accordance with the internal legislation of the Parties.
Article 10 Direct Transit
Passengers, baggage and cargo in direct transit across the territory of the State of one Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against acts of violence and air piracy, as well as transportation of narcotics and psychotropic substance, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from the imposition of customs duties, taxes and charges.
Article 11 Aviation Security
1. Consistent with their rights and obligations under international law, the Parties reaffirm 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. 2. Without limiting their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, an the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, and besides, in accordance with any other Multilateral Convention on Civil Aviation Security, even if are effective to both Parties. 3. 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, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation. 4. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security provisions are applicable to both Parties; they shall require that operators of aircraft of their registry of operators of aircraft who 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. (Each Party shall advise the other Party of any difference between its national regulations and practices and the aviation security standards of the Annexes. Either Party may request immediate consultations with the other Party at any time to discuss any such differences). Such consultations shall take place within thirty (30) days of that request. 5. Each Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above required by the other Party for entry into, departure from, or while within, the territory of that other Party. Each Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, 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 reasonable special security measures to meet a particular threat, in such case, those measures will have to be discussed in detail and its cost will be considered to be shared by both Parties. 6. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, 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 an incident or threat thereof. 7. Each Party shall have the right, within sixty (60) days following notice of the other Party, for its Aeronautical Authorities to conduct an assessment in the territory of the other Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the territory of the first Party. The administrative arrangements for the conduct of such assessments shall be agreed between the Aeronautical Authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously all the evaluations will have to be covers by a specific confidential agreement. 8. When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the first Party may request consultations. Such consultations shall start within fifteen (15) days of receipt of such a request from either Party. Failure to reach a satisfactory agreement within fifteen (15) days from the start of consultations shall constitute grounds for withholding, revoking, suspending or imposing conditions on the authorizations of the airline designated by the other Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Party may take interim action at any time.
Article 12 Aviation Safety
1. Each Party may request consultations at any time concerning safety standards in any area relating to aeronautical facilities and services, to aircrew, aircraft or their operation adopted by the other Party. Such consultations shall take place within thirty (30) days of that request. 2. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer, in the aspects mentioned in paragraph 1 of this Article, safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Party shall notify the other Party of those findings and the steps considered necessary to conform with those minimum International Civil Aviation Organization standards, and that other Party shall take appropriate corrective action within an agreed period. Failure to take appropriate action within the agreed period shall be grounds for the application of Article 5 (Revocation, Suspension or Limitations of Authorization) of this Agreement. 3. Notwithstanding the obligations mentioned in Article 16 of the Convention, it is agreed that any aircraft operated by or on behalf of the airline of one Party on services to or from the territory of the other Party may, while within the territory of the other Party, may be made subject of an examination (in this Article called "ramp inspection"), without unreasonable delay. This would be an inspection by the authorized representatives of the other Party, on board and around the aircraft. However, the obligations mentioned in Article 33 of the Convention, the objective of this inspection will be to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment, in accordance with the established effective norms on the base of the Convention. 4. If any such ramp inspection or series of ramp inspections gives rise to: a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention. 5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the designated airline of a Party in accordance with paragraph 3 above is denied by the representative of that airline, the other Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred in that paragraph. 6. Each Party reserves the right to suspend or vary the operating authorization of the airline of the other Party immediately in the case the first Party concludes, whether as a result of a ramp inspection, the denial of an access to a ramp inspection or a series of ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation. 7. Any action by one Party in accordance with paragraphs 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist. 8. With reference to paragraph 2, if it is determined that one Party remains in non-compliance with Standards of International Civil Aviation Organization when the agreed time period has lapsed, the Secretary General of International Civil Aviation Organization should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.
Article 13 User Charges
Fees and other charges for the use of airport including its installations, technical and other facilities and services as well as any charges for the use of air navigation facilities, communication facilities and services shall be collected in accordance with the rates and tariffs established by each Party on the territory of its State, in accordance with the Convention.
Article 14 Tariffs
1. Tariffs to be charged by the designated airline of one Party for the operation to the agreed services on the specified routes shall be established at reasonable rates, taking into consideration all relevant factors, such as, cost of operation, reasonable profit, service characteristics and tariffs from other airlines operating the whole or a part of the same route, or similar routes, and other commercial considerations associated with market. 2. Tariffs, shall, if possible, be agreed between the designated airlines of both Parties, and after consultation with other airlines operating air services on a part or the whole route. Such agreement shall, wherever possible, be reached by the use of the procedures of the International Air Transport Association regarding the tariff fixation mechanism. 3. Any tariff so agreed, according to the mentioned in paragraph 2 of this Article, shall be submitted for the approval of the Aeronautical Authorities of both Parties, at least thirty (30) days before the proposed date for entry into force. In special cases, this period may be reduced, subject to the agreement of the Aeronautical Authorities. 4. The Aeronautical Authority of each Party may give expressly the approval of tariffs presented before the interested airlines. If neither of the Aeronautical Authorities has expressed disapproval within thirty (30) days from the date of submission, in accordance with paragraph 2 of this Article, these tariffs shall be considered as approved. In the event that the period for submission is being reduced, as stated in paragraph 3, the Aeronautical Authorities may agree that the period within which any disapproval must be notified shall be less than thirty (30) days. No tariff will take effect if anyone of the Parties has notified its disapproval. 5. If the Aeronautical Authorities are not able to agree on any tariff submitted to them under paragraph 3, or on any other tariff under paragraph 5 of this Article, the dispute shall be settled in accordance with the provisions of Article 19 (Settlement of Disputes). 6. A tariff established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. A tariff shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which it would have expired.
Article 15 Provision of Statistics
The Aeronautical Authority of one Party shall provide the Aeronautical Authority of the other Party, upon request, periodic or other statements of statistics related to the designated airline, origin, destiny and traffic carried, in a specific period previously agreed, for the purpose of reviewing the capacity provided on the agreed services operated on the specified routes.
Article 16 Commercial Activities
1. To ensure the operation of the agreed services, the designated airline of a Party, shall be allowed to maintain in the territory of the other Party, its office and representation, with the necessary administrative, technical and commercial personnel, in accordance with the laws and effective regulations of the other Party. 2. The designated airlines of one Party shall be granted the right of its own sale of transportation using their own transportation documents in the territory of the State of the other Party, in accordance with laws and regulations of that State. Such sale may be executed directly in the representations of the designated airlines or through of authorized agents which have an appropriate license to provide such attendance. 3. For the purposes of realizing the ground technical services of its aircraft the designated airlines of each Party may conclude the respective agreements with the enterprises of the other Party which have the needed license to provide such service in the territory of the State of the other Party.
Article 17 Earning Transference
1. Each Party shall on base of reciprocity, grant to the designated airlines of the other Party the right to transfer freely the excess of receipts over expenditure earned by the said airlines. In connection with the operation of the international air services. Said transfer shall be made in hard currency according to the official exchange rate valid for the date of transfer and in accordance with the financial Legislation of the State of the Party, from which territory the transfer is made. 2. The provisions of the present Article do not affect the issues of taxation that are the subject of the other agreement between the Parties.
Article 18 Consultation
1. In a spirit of close co-operation, the Aeronautical Authorities of the Parties shall, at any time, consult each other with a view to ensuring the correct implementation of, interpretation of and compliance with the provisions of this Agreement and its Annexes, even to consider modifications and amendments. 2. These consultations shall be through a meeting or correspondence and shall begin within a period of sixty (60) days of the date on which the written request was received, unless otherwise agreed by both Parties or if otherwise stipulated in the present Agreement.
Article 19 Settlement of Disputes
Any disagreement between the Parties, related to the interpretation or application of this Agreement or its Annexes, shall be object of direct negotiations between the Aeronautical Authorities of the Parties, in accordance with terms established in paragraph 2 of the Article 18 (Consultation), excepting those which can arise from the Article 12 (Aviation Safety). If the Aeronautical Authorities fail to reach an arrangement, dispute shall be resolved through direct negotiations between the Parties through diplomatic channels.
Article 20 Modifications and Amendments
1. Any Modification or Amendment of this Agreement, approved between the Parties, by consultation, in accordance with Article 18 (Consultation), shall enter into force after exchange of diplomatic notes, which indicates the fulfillment of all necessary internal procedures of each Party for such aim. 2. Any Modification or Amendment to the Annexes of this Agreement could be agreed directly between the Aeronautical Authorities of the each Party, by means of consultations under the provisions established in Article 18 (Consultation) and it shall enter into force after the confirmation through diplomatic channels.
Article 21 Multilateral Conventions
If during the period of validity of the present Agreement a Multilateral Convention comes into effect between both Parties, this Agreement will be modified in accordance with the dispositions of that Multilateral Convention, after consultations between the Parties, in accordance with provisions of Article 18 (Consultation) of this Agreement.
Article 22 Registration with the International
Civil Aviation Organization
This Agreement and any subsequent modification thereto shall be registered with the International Civil Aviation Organization.
Article 23 Termination
1. Either Party will be able, at any time, to notify the other Party through diplomatic note its decision to terminate this Agreement. Such notice shall be communicated simultaneously to International Civil Aviation Organization. 2. Termination shall take effect twelve (12) months after the date of receipt of the notification by the other Party, unless the notice is withdrawn by agreement before the expiration of this term. In case that the other Party does not acknowledge receipt of the notice of termination, the notice shall be deemed to have been received fourteen (14) days after the date of receipt of the notice by International Civil Aviation Organization.
Article 24 Entry into force
This Agreement shall enter into force thirty (30) days after both Parties have notified each other, through diplomatic channels, the last internal procedures of each Party for its entry into force. From the date the present Agreement comes into force, the Air Services Agreement between the Government of the Union of the Soviet Socialist Republic and the Government of the Republic of Venezuela, signed on December 10th 1991 with all supplements, annexes and amendments to this Agreement is terminated in regard to relations between the Russian Federation and the Bolivarian Republic of Venezuela. In witness thereof, the undersigned, being duly authorized by their respective Governments, have signed the present Agreement. Done at Caracas the 26th day of November, 2008 in duplicate, in Russian, in English and in Spanish languages, all texts being equally authentic. In case of divergent interpretation, the English text version shall be used. to the Air Services Agreement between the Government of the Russian Federation and the Government of the Bolivarian Republic of Venezuela 1. Routes Schedule a. The designated airlines of the Russian Federation shall be entitled to operate international scheduled air services in both directions on the routes specified hereunder: | Points of origin | Intermediate Points | Points of destination | Points beyond | | --- | --- | --- | --- | | Points in the Russian Federation | To be agreed later | Caracas and other points <*> | To be agreed later on | --- <*> Other points shall be subject to an agreement between the aeronautical authorities of the Parties. b. The designated airlines of the Bolivarian Republic of Venezuela shall be entitled to operate international scheduled air services in both directions on the routes specified hereunder: | Points of origin | Intermediate Points | Points of destination | Points beyond | | --- | --- | --- | --- | | Points in the Russian Federation | To be agreed later | Moscow and other points <*> | To be agreed later on | --- <*> Other points shall be subject to an agreement between the aeronautical authorities of the Parties.
2. Notes
1. Intermediate points and points beyond the territories the State of the Parties shall be subject to an agreement between the aeronautical authorities of the Parties. Intermediate points and points beyond may be omitted by the designated airlines of the Parties at their discretion.
2. The right of combine of the points of origin or points of destination in the territories the State of the Parties as well as intermediate points and points beyond shall be subject to the separate agreement between the aeronautical authorities of the Parties.
3. The right of the designated airlines of one Party to transport passengers, cargo and mail between the points in the territory the State of the other Party and points in the territory of the third countries (exercise of fifth freedom traffic right) shall be subject to the agreement between the aeronautical authorities of the Parties.
4. Only one airline from each Party shall be designated to operate scheduled services on the city pair on the routes mentioned in the above schedule.
5. Any operation, along Transsiberian, Transpolar and Transasian Air Route networks in the airspace of the Russian Federation shall be subject to the separate agreement between the aeronautical authorities of the Parties.
6. Charter, additional and non-scheduled flights shall be carried out based on preliminary request of the designated as well as non-designated airlines, submitted to the aeronautical authorities at least (120) hours before the departure, except weekends and holidays.
7. The Parties will extend positive considerations to the requests of the designated airline and other airlines of the Parties to operate non scheduled flights of passengers and cargo between both countries, taking account the national legislation of each Party, and under the consideration that these do not affect the scheduled flights and do not constitute a disloyal competition to them.
8. Designated airlines of one Party, which operate flights on the agreed services, may enter into commercial arrangements included, but not limited "block-space" and "code-sharing" with designated airlines of the other Party. The aeronautical authorities of the Parties shall agree upon such arrangements.
9. The designated airlines of the Parties shall operate the agreed services with any type of aircraft, without capacity limit.
10. The rights of the designated airlines to operate all cargo shall be the subject of agreement between the aeronautical authorities of the Parties.
11. The designated airlines of the Parties shall operate up to fourteen (14) frequencies per week, which shall be distributed among them.
12. The designated airlines of each Party will have to fulfill the laws and regulations related to the provision of statistical information.
---