Статья 24«Соглашение между Правительством Российской Федерации и Правительством Исламской Республики Афганистан о воздушном сообщении» [рус., англ.]

Вступление в силу

Соглашение вступает в силу с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу.

С даты вступления в силу Соглашения в отношениях между Российской Федерацией и Исламской Республикой Афганистан прекращает свое действие Соглашение между Правительством Союза Советских Социалистических Республик и Королевским Правительством Афганистана о воздушном сообщении от 24 марта 1956 г.

В удостоверение чего нижеподписавшиеся, должным образом уполномоченные на то своими правительствами, подписали Соглашение.

Совершено в г. Кабуле 3 сентября 2013 г. в двух экземплярах, каждый на русском, дари и английском языках, причем все тексты имеют одинаковую силу.

В случае возникновения разногласий для целей толкования используется текст на английском языке.

ТАБЛИЦА УСТАНОВЛЕННЫХ МАРШРУТОВ

1. Авиапредприятия, назначенные Российской Федерацией, имеют право выполнять регулярные международные полеты в обоих направлениях по следующим установленным маршрутам:

Пункты отправления	Промежуточные пункты	Пункты назначения	Пункты за пределами
Пункты в Российской Федерации	пункты в третьих странах	Кабул и другие пункты в Исламской Республике Афганистан <*>	пункты в третьих странах

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<*> Другие пункты подлежат согласованию между авиационными властями государств Сторон.

2. Авиапредприятия, назначенные Исламской Республикой Афганистан, имеют право выполнять регулярные международные полеты в обоих направлениях по следующим установленным маршрутам:

Пункты отправления	Промежуточные пункты	Пункты назначения	Пункты за пределами
Пункты в Исламской пункты в Афганистан	пункты в третьих странах	Москва и другие пункты в Российской Федерации <*>	пункты в третьих странах

---

<*> Другие пункты подлежат согласованию между авиационными властями государств Сторон.

Примечания:

1. Настоящая таблица установленных маршрутов предусматривает право выполнения полетов только по третьей и четвертой свободам воздуха. Промежуточные пункты и пункты за пределами территории государств Сторон, подлежат согласованию между авиационными властями Сторон.

2. Промежуточные пункты и пункты за пределами, которые могут быть согласованы в будущем могут быть опущены назначенными авиапредприятиями Сторон по своему усмотрению, при условии, что договорные линии по этому маршруту начинаются и прекращаются на территории государства этой Стороны.

3. Право назначенного авиапредприятия одной Стороны для выполнения перевозки пассажиров, грузов и почты между пунктами на территории государства другой Стороны и пунктами на территории третьих стран (право выполнения пятой свободы воздуха) должны подлежать согласованию между авиационными властями Сторон.

4. Выполнение полетов по Транссибирскому, Трансполярному и Трансазиатскому маршрутам в воздушном пространстве Российской Федерации, как определено в документе ИКАО 9750, подлежит отдельному соглашению между авиационными властями Сторон.

5. Чартерные, дополнительные и нерегулярные рейсы осуществляются по предварительной заявке назначенных и неназначенных авиапредприятий, Сторон не менее чем за 120 часов до вылета, за исключением выходных и праздничных дней. Чартерные перевозки должны выполняться в соответствии с законодательством государств Сторон.

6. Для эффективного использования доступа к рынкам и реагирования на рыночные изменения Стороны договорились поощрять заключение маркетинговых соглашений назначенными авиапредприятиями Сторон, таких как «код-шеринг» для выполнения пассажирских и грузовых перевозок. Назначенные авиапредприятия Сторон будут выполнять совместные рейсы после утверждения авиационными властями обеих Сторон такого соглашения о «код-шеринге».

7. Количество частот подлежит согласованию между авиационными властями Сторон.

8. Все положения, предусмотренные выше, должны быть применены также к грузовым перевозкам.

AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF AFGHANISTAH

(Kabul, 3.IX.2013)

The Government of the Russian Federation and the Government of the Islamic Republic of Afghanistan hereinafter called in this Agreement as Parties;

Being 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 scheduled air services between and beyond their respective territories;

In order to ensure maximum safety and security of international civil aviation, and reiterating its deep concern at acts or threats against the security of aircrafts, which jeopardize the lives of people and property, which has a negative impact on the implementation of air services, and undermine public confidence in safety and security of Civil Aviation;

Have agreed as follows:

For the purpose of this Agreement, unless the context otherwise requires:

a). the term «Convention» means the Convention on International Civil Aviation, opened for signature at Chicago, on the seventh day of December, 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annex or Convention under Articles 90 and 94 hereof insofar as those Annexes and amendments have become effective for the Russian Federation and the Islamic Republic of Afghanistan;

b). the term «Aeronautical Authorities» means, in case of the Government of the Russian Federation — the Ministry of Transport of the Russian Federation and in case of the Government of the Islamic Republic of Afghanistan — the Independent Civil Aviation Authority of the Islamic Republic of Afghanistan or in both cases any person or body authorized to perform functions at present exercised by the said Board;

c). the term «Agreement» means this Agreement, any annex to it, and any amendments thereto;

d). the term «Designated Airline» means, an airline which has been designated and authorized in accordance with Article 3 of this Agreement;

e). the term «Tariffs» 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 services, but excluding remuneration or conditions for the carriage of mail;

f). the term «Territory» has the meaning assigned to it in Article 2 of the Convention;

g). he term «Air Service», «International Air Service», «Airline» and «Stop for non-traffic purposes» have the meaning respectively assigned to them in Article 96 of the Convention;

h). the term «Specified Routes» means the routes established or to be established in the Annex and any modifications of the Annex;

i). the term «Capacity» means in relation to:

«an aircraft» — the payload of that aircraft available on a route or section of a route;

«an agreed service» — the capacity of the aircraft used on such service, multiplied by the frequency operated by such aircraft over a given period and a route or section of a route;

j). the term «Facilities and airport charges» means charges made to airlines for the provision of aircraft, their crews and passengers of airport and air navigation facilities including related services and facilities;

k). the term «ICAO» means the International Civil Aviation Organization.

1. Each Party grants to the other Party the rights specified in the present Agreement for the purpose of operating international agreed services on the specified route (hereinafter referred to as «the agreed services» and «the specified routes» respectively).

2. The designated airlines of each Party shall enjoy the following rights:

a). to fly without landing across the territory of the State of the other Party;

b). to make stops in the said territory for non-traffic purposes;

c). to make stops in the said territory at points specified in the Annex to this Agreement, for the purpose of taking on or putting down international traffic, such as passengers, cargo and mail, separately or combined.

3. The airlines of each Party, other than those designated under Article 3 of this Agreement, shall also enjoy the rights specified in paragraphs 2 a) and b) of this Article.

4. Nothing in paragraph 1) and 2) of this Article shall be deemed to confer on the designated airlines of one Party the privilege of taking up in the territory of the State of the other Party, passengers, cargo or mail carried with or without remuneration or hire and destined for another point in the territory of the State of the Party.

5. Notwithstanding the provisions of paragraphs (1) and (2) of this Article, the operation of the agreed services in areas of hostilities or military occupation, or in areas affected thereby, shall be carried in accordance with Article 9 of the Convention.

1. Each Party shall have the right to designate in writing to other Party one or more airlines for the purpose of operating the agreed service on the specified routes.

2. On receipt of such a designation, the other Party shall without delay grant to the designated airlines the appropriate operating authorizations, subject to the provision of the following:

a). the designated airlines are established in the State of the Party designating the airlines, substantial ownership and effective control of that designated airlines are vested in such Party or citizens of its State;

b). the designated airlines operate the agreed services in accordance with the conditions prescribed under the present Agreement and fulfill the conditions prescribed under the legislation normally and reasonably applied by the Aeronautical Authorities of each Party to the operation of international air services.

3. When a designated airline has been so authorized, it may begin to operate the agreed services in accordance with the provisions of the present Agreement.

1. Each Party shall have the right to revoke the operating authorization or to suspend the exercise of the right specified in paragraph 2 of Article 2 of the present Agreement by the airline designated by the other Party, or to impose such conditions as it may deem necessary on the exercise of these rights, in the following cases:

a) in the case it is not satisfied that substantial ownership and effective control of that designated airlines are vested in the Party designating the airlines or citizens of such Party;

b) in the case of failure by that designated airlines to comply with the legislation of the State of the Party granting these rights;

c) in the case the designated airlines otherwise fails to operate the agreed services in accordance with the conditions prescribed under the present Agreement.

2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of legislation, such right shall be exercised only after consultation with the Aeronautical Authorities of the other Party. In such a case consultations shall begin within a period of thirty (30) days from the date of the request made by either Party for consultations.

1. The designated airlines of each Party shall, in all respect, enjoy fair and equal operating conditions for providing the agreed services on the specified routes.

2. In operating the agreed services, the designated airlines of each Party shall take into account the interest of the designated airlines of the other Party so as not to affect the services which the latter provides on the whole or part of the same route.

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 their 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 the territory of the State of the Party designating the airline and the territory of the State of the other Party. Conditions of the carriage of passengers and cargo including mail both taken on board and discharged at points on the specified routes in the territories of States and at points in the territories of third countries shall be provided in accordance with the general principles that capacity shall be related to:

a). Traffic requirements to and from the territory of the State of the Party, which has designated the airline;

b). Traffic requirements of the area through which the agreed service passes, after taking account of other transport services established by airlines of the States comprising the area;

c). The requirements of through airline operation.

Subject to legislation of the State of each Party 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 unlawful interference, as well as transportation of narcotics and psychotropic substances, only be subject to a simplified control.

1. Certificates of airworthiness, certificates of competency and licenses, issued or rendered valid by one Party are still in force, shall be recognized as valid by the other Party for the purpose of operating the agreed services on the specified routes provided that such certificates or licenses were issued or rendered valid in conformity to the standards established under the Convention.

2. If the certificates and licenses issued by the aeronautical authorities of one Party to any person or to the designated airline or an aircraft used in operation of the agreed services, allow differences with the minimum standards of the Convention, and ICAO is notified of such differences, the other Party may request consultation between the aeronautical authorities to clarify the practice. Such consultations shall be held in accordance with Article 18 of this Agreement.

3. Each Party reserves the right to refuse to recognize for flights above the territory of its State certificates of competency and licenses granted to its own citizen by the other Party.

1. The legislation of the State of the one Party relating to the admission to, sojourn in or departure from the territory of its State aircraft engaged in international air services or to operation and navigation of such aircraft while within its territory shall be applied to aircraft of the airline designated by the other Party.

2. The legislation of the State of the one Party governing entry into, stay in and departure from the territory of its State passengers, crew, cargo or mail such as formalities regarding emigration, immigration, customs, currency, health and quarantine shall apply to passengers, crew, cargo and mail carried by the aircraft of the designated airline of the other Party while they are within the said territory. Such legislation shall be equally applied to the designated airlines of the both Parties.

3. Each Party shall, upon request, supply to the other Party copies of the relevant laws and regulations referred to in this Article.

4. Neither Party shall give preference to its own or any other airline over an airline of the State of the other Party engaged in similar international air transportation in the application of its immigration, customs, quarantine and similar regulations.

1. Neither Party shall set and apply to the designated airlines of the other Party higher fees for services and use of airports and air navigation facilities, than the ones that apply to airlines of the first Party that provide similar international air services.

2. 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.

1. The tariffs applicable between the territories of the two Parties shall be established at reasonable levels, due regard being paid to all relevant factors including the cost of operation, the interest of users, reasonable profit, class of service and the tariffs of other airlines operating over whole or part of the specified routes.

2. The tariffs should be developed by the designated airlines individually or, at the opinion of the airlines, through coordination with each other or with other airlines providing services on the whole or part of the same route.

3. The aeronautical authorities of either Party may require tariffs for an agreed service to be filed for approval (in such form as they may separately require), in which case such filing shall be submitted at least thirty 30 days before the proposed effective date, unless those aeronautical authorities permit the filing to be made on a shortest notice.

4. Where it is proposed that the Aeronautical Authorities of one or either of the Parties proposed to intervene in a tariff that has been filed, the primary objectives of such intervention shall be:

a). prevention of unreasonably discriminatory tariffs;

b). protection of consumers from prices that are unreasonably high or restrictive because of the abuse of a dominant position;

c). protection of airlines from prices to the extent that they are artificially low because of direct or indirect government subsidy;

d). protection of airlines from prices that are low, where evidence exist as to an intent of eliminating competition.

5. Except for tariffs with a specific period of validity, a tariffs established in accordance with the provisions of this Article shall remain in force until the new tariffs has been established.

6. If the aeronautical authorities do not agree on any tariffs submitted to them under the provisions of this Article, the dispute may be settled in accordance with the provisions of Article 18 of this Agreement. In any event, the aeronautical authorities of a Party shall not take unilateral actions to prevent the coming into effect or continuation of a tariff of an airline of the other Party.

1. The aeronautical authorities of one Party shall supply to the Aeronautical Authorities of the other Party, at their request, such information relating to the traffic carried on the agreed services by their designated airlines to and from the territory of the State of the other Party as may normally be prepared and submitted by the designated airline to its national Aeronautical Authorities. Such data shall include details on volume, distribution, origin and destination of the traffic.

2. Any additional statistical traffic data which the Aeronautical Authorities of the Party may desire from the Aeronautical Authorities of the other Party shall upon request be subject of mutual discussion and agreement between the two Parties.

1. Each Party may request consultations concerning the safety standards maintained by the other Party relating to air navigation facilities, aircrew, aircraft, and operation of the designated airlines. Such consultations shall begin within thirty (30) days from the date of the request.

2. 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 which may be established pursuant to the Convention, the other Party shall be notified of such findings and the steps considered necessary to conform to these minimum standards, and the other Party shall take appropriate corrective action.

3. Any aircraft operated by or on behalf of a designated airline of each Party, while being on the territory of State of the other Party, may be subject to a search by the authorized representatives of that Party. The purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft meet the standards of the Convention provided this does not cause unreasonable delay in the operation of the aircraft.

4. When an urgent action is essential to ensure the safety of an airline operation, each Party reserves the right to immediately suspend or vary the operating authorization of an airline of the other Party.

5. Such actions mentioned above by one Party shall be discontinued once the basis of the taking of that action ceases to exist.

6. If, referring to paragraph 2 of this Article, it is ascertained that one party continues not to comply with the standards set by the Convention, by the end of the agreed period ICAO Secretary General is notified of the issue. ICAO Secretary General is also notified of further satisfactory solution.

1. Consistent with their rights and obligations under international law, 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 Offences and Certain Other Acts Committed on Board Aircraft, opened for signature at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, opened for signature at the Hague on 16 December 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, opened for signature at Montreal on 23 September 1971, the Protocol for Suppressions of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, and any other international compact on civil aviation security, which both Parties are members of.

2. The Parties shall provide upon request all practicable aid 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.

3. The Parties shall act in conformity with the aviation security provisions established by the-Annexes to the Convention to the extent that such security provisions are applicable to the Parties. They shall require that operators of aircraft of their registry, or 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.

4. Each Party may require that operators of aircraft to observe the aviation security provisions referred to in the paragraph (3) of this Article. Each Party shall ensure that adequate measures are effectively applied within the territory of its State to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding and loading. Each Party shall give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat.

5. 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, crew, airports and air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures to terminate such incident or threat as rapidly and safely to the extent practicable under the circumstances.

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 authority of either Party may request immediate consultations with the aeronautical authority of the other Party. Such consultations shall begin within a period of thirty (30) days from the date of the request. Failure to reach an agreement within 30 days after the start of the consultation is grounds for refusal, revocation, suspension or setting conditions for the authorization to operate the agreed services by the airline designated by the other Party. If this is due to the extreme necessity or in order to prevent further non-compliance with the provisions of this article, the first Party may take interim action at any time.

1. Each Party shall, on the basis of reciprocity and in accordance with its legislation, exempt a designated airline of the other Party of customs duties, excise taxes, inspection fees and other fees and charges, with the exception of the charges specified in paragraph 5 of this Article, for fuel, lubricants, consumable technical supplies, spare parts, including engines, regular equipment, aircraft stores and other items intended for or used solely in connection with the operation and maintenance of aircraft of the designated airline operating the agreed services of such other Party.

2. The exemptions shall be applied, in accordance with paragraph 1 of this Article, to the items, which are:

a). imported into the territory of one Party by the designated airline of the other Party or in the name of the airline;

b). on board the aircraft of the designated airline of one Party on arrival on the territory of the other Party, or departing from such territory;

c). taken on board the aircraft of the designated airline of one Party in the territory of the other Party and intended for use in operating the agreed services, regardless of whether they are used or consumed wholly within the territory of the Party granting the exemption, provided that such items are not currently subject to changing the ownership on the territory of that Party.

3. Objects, mentioned in paragraph 1 of this Agreement, 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 shall be placed under the customs control of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations of the state of that Party.

4. Baggage and cargo shall, up to such time that they are on direct transit, be exempted from customs duties and taxes.

5. Charges corresponding to the services performed, storage and customs clearance will be charged in accordance with the national legislation of the States of the Parties.

1. The designated airlines of one Party shall be entitled on the basis of reciprocity, in accordance with the legislation relating to entry, residence and employment of the other Party, to bring in and maintain in the territory of the State of the other Party those of its own managerial, technical, operational and other specialist staff who are required for the provisions of the present air services.

2. Such requirements for staff may, at the discretion of the designated airline(s) of one Party met by its own staff or by using the services of any organization, company or airline operating in the territory of the other Party and authorized to provide such services to other airlines in accordance with legislation of the State of the Party.

3. Staff complies with the legislation of the other Party and, in accordance with legislation, each Party on the basis of reciprocity provides the staff with necessary work permits, temporary visas and other documents referred to in paragraph 1 of this Article, and both Parties simplify and facilitate the conditions for granting work permits to staff performing certain temporary duties for a period not exceeding 90 days.

4. The designated airline of one Party shall be granted the right of its own sale of international air services and promotional activities in the territory of the State of the other Party (such sale may be executed directly in the representations of the designated airlines or through of authorized agents or other third parties, chosen by the airlines).

5. Each airline of the Party shall be granted the right to sale their services in a currency of the State of the other Party.

1. Each Party shall 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 or promotional activities. The said transfer shall be made in any freely convertible currency according to the official exchange rate valid for the date of transfer request and in accordance with the financial legislation of the State of the Party.

2. The provisions of the present Article do not affect the issues of taxation that are the subject of the separate agreement between the Parties.

The Parties support the need to protect the environment by promoting the sustainable development of aviation. The Parties agree with regard to operations between their respective territories to comply with the ICAO Standards and Recommended Practices (SARPs) of Annex 16 of the Convention and the existing ICAO policy and Guidance on environmental protection and refrain from unilateral actions when applying market based measures on carbon emissions reduction.

1. In a spirit of close and friendly cooperation, the Aeronautical Authorities of the Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of the present Agreement.

2. Such consultations, which may be through discussion or by correspondence, shall begin within a period of 60 (sixty) days from the date the other Party receives a written request, unless otherwise agreed by the Parties.

1. If either of the Parties considers it desirable to modify the terms of the present Agreement it may request a consultation between the Aeronautical Authorities of both Parties. Consultations shall begin within a period of sixty (60) days from the date of the request unless the Aeronautical Authorities of the Parties agree upon the prolongation of that period. The modifications of the present Agreement shall come into effect on the date of receipt via diplomatic channels of the last written notice that all national procedures concerning entry into force of that modification have been accomplished by both Parties.

2. The modifications of Annex may be made by arrangements between the Aeronautical Authorities of the Parties.

Conformity to multilateral conventions or agreements

In the event of the conclusion of any general multilateral convention or agreement concerning air transport, the present Agreement shall be amended so as to conform to the provisions of such convention or agreement after the consultations in accordance with Article 18 of the present Agreement.

1. If any dispute arises between the Parties relating to the interpretation or application of the present Agreement the Parties shall in the first place endeavor to settle it by negotiation between aeronautical authorities of both Parties.

2. If the said Aeronautical Authorities fail to reach a settlement by negotiation, the dispute shall be settled through diplomatic channels.

3. If the Parties fail to reach a settlement pursuant to paragraphs (1) and (2) above, either Party may in accordance with its relevant legislation refer the dispute to an arbitral tribunal of three arbitrators, two of whom to be nominated by the Parties and one umpire nominated by the two so nominated.

4. In case the dispute is referred to arbitration, each of the Parties shall nominate an arbitrator within a period of 60 days from the date of receipt a notice in respect of reference of the dispute to arbitration and the umpire shall be appointed within a further period of sixty (60) days from the last appointment by the two so nominated.

In case either Party fails to nominate its arbitrator within the specified period, or nominated arbitrators fail to agree on the umpire within the said period, the President of the Council of the International Civil Aviation Organization may be requested by either Party to appoint the arbitrator of failing party or the umpire as the case may require. However, the umpire shall not be a citizen of the State of either Party and shall be a national of a State having diplomatic relations with the State of both Parties at the time of the appointment.

5. In the case the President of the Council of International Civil Aviation Organization is a citizen of either Party, the appointment shall be made by the Vice-President who is not a citizen of the State of either Party.

If the Vice-President is also a citizen of either Party, the appointment shall be made by senior member of the Council of International Civil Aviation Organization who is not a citizen of the State of either Party.

6. The arbitral tribunal shall determine its procedure and the place of arbitration.

7. The decisions of the arbitral tribunal shall be binding for the Parties.

8. Each Party shall bear the cost of its own member of the tribunal and its representation in the arbitral proceeding. The cost of the umpire and the remaining cost shall be born in equal part by the Parties. Any expenses incurred by the Council of International Civil Aviation Organization in connection with the appointment of the umpire and/or the arbitrator of the failing party as referred to in paragraph (3) of this Article shall be considered to be part of the expenses of the arbitral tribunal.

1. Each Party may, at any time, give notice in writing, through diplomatic channels, to the other Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to International Civil Aviation Organization.

2. In such case the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Party unless the notice to terminate is withdrawn by mutual agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

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

The present Agreement shall enter into force on the date of the last notification through diplomatic notes by either Party to the other Party that it has fulfilled the necessary measures in accordance with its laws and/or regulations for the entry into force of the present Agreement.

Upon entry into force of this Agreement, the Air Services Agreement between the Government of the Russian Federation and the Government of the Republic of Afghanistan signed on March 24, 1956 shall cease to be in force in regard to relations between the Russian Federation and the Republic of the Afghanistan.

In witness whereof, the undersigned being duly authorized thereto by their respective Governments, have signed the present Agreement.

Done in Kabul on 3, Spt., 2013 in duplicate in Russian, Dari and English languages, all texts being equally authentic.

In case of divergence of interpretation, the text of the Agreement in English language of the present Agreement shall be used.

ROUTE SCHEDULE

a) The designated airlines of the Russian Federation shall be entitled to operate international scheduled air services in both direction on the routes specified hereunder:

Points of origin	Intermediate points	Points of destination	Points beyond
Any points in the Russian Federation	Points in the third countries	Kabul, other points in the Islamic Republic Afghanistan <*>	Points in the third countries

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<*> Other points shall be subject to an agreement between the aeronautical authorities of the Parties.

b) The designated airlines of the Islamic Republic of the Afghanistan shall be entitled to operate international scheduled air services in both direction on the routes specified hereunder:

Points of origin	Intermediate points	Points of destination	Points beyond
Any points in the Afghanistan	Points in the third countries	Moscow, other points in the Russian Federation <*>	Points in the third countries

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<*> Other points shall be subject to an agreement between the aeronautical authorities of the Parties.

Notes:

1. Only 3^{rd} and 4^{th} freedom traffic rights are covered by above route schedule. Intermediate points and points beyond the territories of the States of the Contracting Parties shall be subject to an agreement between the Aeronautical Authorities of the Contracting Parties.

2. Intermediate points and points beyond as may be agreed upon in the future may be omitted by the designated airlines of the Contracting Parties at their discretion, provided that the agreed services on this route start and terminate in the territory of the State of that Contracting Party.

3. The right of the designated airlines of one Contracting Party to transport passengers, cargo and mail between the points in the territory of the State of the other Contracting 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 Contracting Parties.

4. Any operation along Transsiberian, Transpolar and Transasian Air Route networks in the airspace of the Russian Federation as defined in ICAO Doc 9750 shall be subject to the separate agreement between the Aeronautical Authorities of the Contracting Parties.

5. 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 of the Contracting Parties at least (120) hours before the departure, except weekends and holidays. The charter services should be operated in accordance with the national legislation of the State of the Contracting Parties.

6. For better utilization of market access and response to the market demand both sides agreed to encourage the designated airlines of one Contracting Party to enter into marketing alliances arrangements such «code-sharing» in both passenger and cargo fields with the designated airlines of the other Contracting Party. Code-sharing operations by the designated airlines will be conducted after the approval of the Aeronautical Authorities of both Contracting Parties.

7. The number of frequencies shall be subject to the agreement between the Aeronautical Authorities of the Contracting Parties.

8. All provisions stipulated above should be applied to all-cargo services.

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