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Law No. 4437:5.8.1999 Article 1. – signed in Minsk on August 8, 1995 "the Government of the Republic of Turkey the Government of the Republic of Belarus with the air transport Agreement between the" approval of the. Article 2. – This law enters into force the date of promulgation. Article 3. – This law the provisions of the Council of Ministers.
The GOVERNMENT of the REPUBLIC of TURKEY, the GOVERNMENT of the REPUBLIC OF BELARUS with the AIR TRANSPORT AGREEMENT BETWEEN from now on, this will be remembered as the text in the Government of the Republic of Turkey with Âkit Parties with the Government of the Republic of Belarus, both on December 7, 1944 in Chicago, the International Air Services Transit Agreement opened for signature, and as parties to the International Civil Aviation Convention, countries and beyond air flights for the purpose of establishing a desire to do a deal;
The FOLLOWING ADDS AGREED: article 1 DEFINITIONS 1. Contrary to the provisions of this Agreement, unless: a) the term "agreement" on December 7, 1944 in Chicago and opened for signature the Convention on International Civil Aviation in accordance with article 90 of the agreement with the accepted 94 90-th of the same agreement, and the attachments and according to Contract or article Annexes and the agreed changes to the Âkit Party.
b) in respect of the Republic of Turkey, the term "aeronautical authorities" means by the Minister that the Minister of transport, and to fulfill any mission accredited to any person or body; In respect of the Republic of Belarus, the State Aviation Committee and this Committee by statement to fulfill any tasks that have been accredited by any person or body, c) the term "designated airline enterprises" in accordance with article 3 of this agreement designated and accredited refers to the airlines.
d) "country" is specified in article 2 of the Convention the term means.
e) "Air Service", "Airline", "international air Expeditionary Operation" and "technical" terms, article 96 of the Convention landing at the specified meanings.
f) "Capacity" refers to the following meanings;
– With regard to the aircraft, a flight line for the entire or part that can be exploited for the plane's passengers, freight and mail volume. – A specific air time in a particular time period in relation to a particular part of the line or even voyages with a capacity of the aircraft used for this time multiplied by the number of flights.
g the term "traffic" passenger, luggage,) loading and transporting the mail.
h the term "fee schedule") passenger, baggage or cargo (excluding mail) to carry, this transport will be provided or will be possible in connection with the additional facilities will be determined, including prices for tickets sold for the transport of the person or the Commission payable or similar operations will be made to carry the load. The fee schedule, in addition to the implementation of the transport charges or conditions for the payment of the Commission. 2. This agreement shall supplement (s) is an integral part of the agreement.
Article 2 TRAFFIC RIGHTS 1. Each Âkit in the attachment of this agreement to the other Parties specified in the scheduled international air lines flights for the purpose of the manipulation, this recognizes the rights set forth in the agreement. Interested in this time and the lines hereinafter referred to as respectively "the agreed time" and "is referred to as the specified lines". Âkit Party assesses each airline operations, specified while running an expedition even agreed, will have the following rights. a Âkit Party fly over Other land of inmeksizin);
b) Such country technical landing;
c) international traffic in the country concerned, to leave and retrieve, specified in the attachment of this agreement for that line to make the landing.
2. nothing in paragraph 1 of the present article, other airline businesses, a Âkit Party Âkit Party one point from the free country or rent money to move passengers, freight and mail in the same country and get another point it right to download form can not be understood.
ARTICLE 3 POWERS 1. Âkit-party Âkit Party each other, specified routes are agreed for the purpose of an airline-run or run their business that he had appointed, shall have the right to declare it in writing.
2. Other Âkit party receives notification of a transfer, 3rd and 4th paragraph 3 of this article are subject to the terms of, designated airline will recognize without delay the necessary operational powers.
3. Âkit if either party on the other Side of the aviation authorities from international airlines air assesses of the usual Executive of authorities and applicable law and regulations in a reasonable manner the Tribunal can fulfil in terms of possessing the qualifications in the matter, where may wanted to convince themselves.
4. each of the Parties appointed a Âkit airline business would be based on ownership and control of airlines in the real sense that this Âkit is in the hands of the citizens of the other party or the conviction, in cases as in paragraph 2 of this article, the business can refuse to recognize the powers or that airline business would be specified in article 2 of this agreement, rights to the use of the necessary records. 5. An airline-run has been appointed as stated and agreed on its own authority, the presence of a capacity 10 and according to the provisions of article 13, and free flight have been identified of tariffs agreed provided that flights can begin to operate at any time.
6. Agreed with passenger aircraft operating flights, cargo and mail to be moved for technical and commercial topics, namely tariffs, flight frequency, aircraft types, Âkit will be presented for approval to the aeronautical authorities of the parties.
Article 4 CANCELLATION and SUSPENSION BUSINESS KAREKIN II ADDRESSED 1. Âkit each of the Parties in the following cases, the other to a Âkit Party appointed airline granted authority to roll back business or the rights specified in article 2 of this agreement, the use of stop or the use of these rights shall have the right to put the necessary records: a) that shall be the basis of ownership or de facto airline operational control of the airline business in the hands of the citizens of the other party or Âkit that of the opinion that the failure , or b) that airline business would recognize these rights does not comply with the laws and regulations, or Âkit Side c) Airline business would be in another way in accordance with the terms specified in this agreement, in cases of business.
2. The rights granted to the immediate cessation of the use of or withdrawal or of paragraph 1 of the present article the laws and regulations specified in the putting of the records has been violated is not a condition for more prevention, such a right but the other will be used after the consultation to be held With Âkit.
Article 5 ENTRY and EXIT PERMIT LAWS and REGULATIONS 1. Engaged in international air navigation, a Âkit Party, the entrance to the country of the planes, submitted in his country and in operation and output from times seyrüsefere Âkit law and legislation, for both Sides will be implemented regardless of the difference of nationality to aircraft; These laws and regulations as we enter into the land of that Party, leaving from the country while staying in the territory of these planes by there will be asleep. 2. A Âkit Party, airborne passengers, crew, cargo and mail in the country's modern, country or departure from the country's immigration, passport, customs entry relating to output, and the laws and regulations such as the health inspection, passenger, crew, cargo and mail by the entrance to the territory of that Party or on behalf of them, while the output from the land and will be sleeping in the territory.
3. Every airport, facilities, provided technical and other convenience with services including use of Dela Cruz fees and other levies such as air navigation services of the communication of the convenience and the convenience of usage charges, other States engaged in similar international air services have been appointed shall not be higher than those paid to airline işletmelerince. Article 6 EXEMPTION FROM TAXES, CUSTOMS, and OTHER IMAGES and 1. Âkit designated airline of each of the parties businesses by international sailings operated aircraft and aircraft located in habitual hardware, fuel and oils (food, beverages and tobacco) and the mortician, the land of the other Âkit Party until you unplug the plane out of the country again upon arrival to stay or other Âkit for use in a part of the flight on the other party's country, provided that all customs duties, inspection fees and other taxes will be kept immune and can carry out branding activities. 2. The following are the fees to be paid in return for the services can carry out branding activities and tax will be kept the same except for the immunity;
a Âkit in the land of one of the parties, this) party authorities does not exceed the quantities to detected and the other designated airline of international Âkit Party time taken for use in a plane a plane that runs a mortician;
b either party of the country, the other Âkit) Âkit international airline of the time designated by the party in an aircraft that is used for maintenance and repair of spare parts;
Given the Âkit Party will be held on the land of c) is a part of the flight, even if it is to be used, the other designated airline of international Âkit Party seferlerdeki given to aircraft fuel and oils.
The above (a) (b) and (c) t supervise and the items mentioned in paragraph Customs may need to be kept under control.
Article 7 REGULAR AVIATION EQUIPMENT STORAGE CONSUMPTION with TOS Âkit each appointed Parties airline aircraft as usual in hardware and other items of material hosted on the plane Âkit in the land of the relying party, but that country's customs authorities permit with the TIR procedure. In such a case, these are she or out of the country again, according to the customs regulations mentioned another way until you unplug the disposal can be kept under the supervision of the authorities. Article 8 the DIRECT TRANSİT TRAFFIC passing from granted by one Âkit and does not leave the designated airport for transit purposes, part of the passenger, baggage and cargo violence, air piracy, and the implementation of security measures against drug trafficking, but subject to prejudice, it's more than a simplified control subject to. Loads the last direct transit baggage and will be exposed to immune from customs and other taxes.
Article 9 FINANCIAL PROVISIONS 1. Each designated airline-owned, either directly or through other agencies according to the discretion of the Âkit with the sale of its tickets in the other party country shall have the right to engage in. This airline will be entitled to sell tickets, and everybody will be able to buy tickets from this business freely. 2. each airline passenger, load, Transfer and mail migration exceeding the cost of the portion of the earnings from the official exchange rate foreign currency and shall have the right to transfer to the country. Âkit between the parties does not contain appropriate provisions in this regard payment agreement, mentioned above, national laws and in accordance with the legislation on the relevant bills of Exchange will be held in foreign currency convertible and assigned to each of the other airlines in the land in Exchange for local currency sales Âkit Party shall have the right to do. Article 10 the CAPACITY PROVISIONS 1. Both Âkit Parties designated airline businesses, their home country between the specified lines, agreed flights will be provided with fair and equal opportunities for their business.
2. the operation of the agreed time, each designated airline businesses, Âkit Party all or part of the specified lines and the other his voyages to create negative impact on other Âkit designated by the party will consider the interests of the airline business.
3. Âkit the parties agreed upon the Executive of the airline operating their appointed time are people closely related to the needs specified will be affected in transport and airline businesses starting from Âkit who appointed Party or could reasonably have expected the current traffic for there and transport needs with a reasonable load factor will be the principal provide a capacity to meet objectives.
4. Both Âkit Parties designated airline operations, this time in the specified time lines agreed with a capacity of agreement will operate on the frequency. Âkit frequency and capacity on both Sides will depend on the approval of aviation authorities. In this capacity, traffic demand on both Âkit as subject to approval by the party's aviation authorities from time to time ayarlanabilecektir. 5. Temporary nature to meet the demand of an unexpected passenger, designated airline businesses, together with the provisions of this article, such temporary increase in order to meet the demand caused by agree between them. This kind of increase in every capacity Âkit will be notified without delay to the aviation authorities of the parties.
6. Âkit the designated airline of either party on the specified line in points run third countries, in accordance with paragraph 3 above, the 3rd and 4th designated as Âkit an additional capacity of capacity depending on the agreement between parties to aviation authorities can be implemented by the relevant airline businesses. Article 11 Âkit Party Âkit Party assigned Each REPRESENT other airline businesses, agreed time of realization of this type of time against their country for playing by pushing requires technical and commercial staff of fetch and will give you the right to possession. The abovementioned personnel, he Âkit Sides enter the country and resident in the State shall be subject to the legislation relating to.
Article 12 AVIATION SECURITY 1. Âkit the parties agree that, under international law, in accordance with the existing rights and obligations, security of civil aviation against illicit interventions in order to protect their liability against each other, constitute an integral part of this agreement, they confirmed. Âkit the parties rights and obligations exist under international law, the General attributes of the foregoing, specifically Crimes on airplanes and other dated September 14, 1963 Cürümlerle dated December 16, 1970 in Tokyo about the Contract, Aircraft Handling Hague Convention for the Suppression of Illegal Ways Geçirilmesinin, dated September 23, 1971 in Montreal for the Suppression of Offences committed against Civil Aviation Safety Agreement, and both may be Âkit Party-party contracts to other provisions For the safety of aviation will act. 2. Âkit the parties, civil airplanes illegally prevent hijacks, these planes, passengers and crew, airports and air navigation facilities, and other illegal acts against the safety of civil aviation, the threat to dispose of any kind of harmonization, all necessary assistance to each other upon request.
3. Âkit the parties mutual relations, International Civil Aviation Organization by the International Civil Aviation Convention, adopted in addition to aviation security will act in accordance with the provisions. The parties, their tescilindeki aircraft owners or business center located in the country or countries, the aircraft operators and countries constantly resident airport operators concerned to comply with the provisions of the aviation security. 4. each of the Parties concerned aircraft operators of Âkit, the land of the other Âkit Party, in this country, the output from this country or bookmarks while other Âkit party cited above 3rd paragraph to comply with the provisions of the aviation security may be prompted regarding concurred.
5. each of the Parties in his own country Âkit planes ensure the safety of passengers, crew, baggage, cargo and aircraft of General levazımatının loading and unloading baggage before and during the appropriate measures in order to control and ensure an effective implementation. Âkit each of the parties, in order to eliminate a threat to other special security measures on the road to be reasonable Âkit Party will make any request will consider in a positive way. 6. Civil airplanes illegally squatting event or find a threat occurs along those lines, or planes, airplane passengers and crew, airports or air navigation facilities occurs in other illegal interventions for Âkit Parties, communication and fast and secure this kind of an event or threat in a way that other appropriate measures aimed at terminating the convenience will help each other by providing a. 7. the provisions of This item is Âkit in the implementation of aviation safety if either party in the event of the emergence of problems for each other Âkit Parties Âkit party's aviation authority aviation authority to request immediate consultation will be available.
Article 13 DETERMINATION of the SCHEDULES are 1. A Âkit Party Âkit Party işletmelerince the land of the other airline or held from country transports will be determined for rates, operating costs, airline businesses a reasonable profit and other suppliers such as tariffs reasonably taking into account all factors levels will be identified.
2. This agreement and terms in article 1, paragraph 1 of the present article on the aforementioned in the tariffs, if possible, all or part of the line management after other airline businesses look to both Âkit Parties designated airline shall be determined by agreement between the business and it was such an agreement, whenever possible, International Air Transport Association (IATA) tariffs will be used for procedures to be done. 3. It is hereby agreed on rates, enactment of the proposed date of the Âkit at least sixty (60) days prior to the approval of the aviation authorities of the parties. In special cases this period can be reduced with the aforementioned authorities concurred.
4. If this check can be given explicitly. If none of the aviation authority, according to the provisions of this article was presented at the 3rd paragraph of his wages from the date of presentation of the tariff within thirty (30) days appeal does not report, rates have been approve a disposition. 3 according to the provisions of the third paragraph in the case of abbreviated presentation, aviation authorities appeal of less than thirty (30) days, they can decide to be. 5. If a fee schedule on clause 2 of this article in accordance with the provisions of a contract fails or one of the other aviation authorities to aviation authorities according to the provisions of paragraph 2 of the agreed-upon the appeal of a tariff on the two Âkit Sides to declare aviation authorities seek to identify with mutual agreement the tariff free.
6. If aviation authorities according to the provisions of the third paragraph of section 3 of this article was presented to them on the tariffs or free 5 according to the provisions of the paragraph in the determination of any tariff cannot agree, the dispute within the framework of the provisions of article 19 of this agreement hal will be connected to the shape. 7. This item has been identified in accordance with the provisions of a fee schedule will remain in effect until the new one is detected. However, according to the provisions of this paragraph, a fee schedule end twelve (12) months from the date of extension. Article 14 INFORMATION and STATISTICS the aeronautical authorities of each of the parties Âkit other Âkit Party Âkit Party aviation authorities designated the first airline işletmelerince agreed to review the capacity provided in time, can be seen in the circuit or other reasonably necessary statistical information on the claims. This information in this airline businesses agreed that their traffic and traffic to start moving and arrival shall include all the necessary information to determine the points. Article 15 CONSULTATIONS in close cooperation, the aviation authorities of the parties Âkit this agreement and compliance with the implementation of the provisions and their Attachments in order to provide from time to time in consultation with each other.
Article 16 AMENDMENTS 1. If any provision of this agreement Âkit Parties any modification of that desire, other Âkit Way consultation to be done. Aviation authorities have negotiated or correspondence between via such a consultation can be done from the date of the request within sixty (60) days. Thus an exchange of diplomatic notes changes reconciled with, the Convention shall enter into force when confirmed.
2. changes to the agreement Annexes Âkit the aviation authorities of the parties among themselves directly with reach an agreement has been reached.
Article 17 of this agreement and the MULTILATERAL AGREEMENTS FIT Attachments Âkit neither party may contract any binding multilateral will be replaced to fit.
Article 18 of this agreement, each of the parties, the EXPIRATION Âkit decided to end is always in the other Âkit Way can turn; This report will be forwarded to the International Civil Aviation Organization and at the same time. In this case, the notice of termination has to be rolled back, through mutual Agreement, after receipt of the written notice, the other Âkit Party twelve (12) months will expire. The other notice is not received confirmation of the Âkit Party, notice, notify the International Civil Aviation Organization received fourteen (14) days after the effective date shall be taken. Article 19 DISPUTES 1. Âkit of the interpretation or implementation of this Agreement between the parties and if there's a conflict with attachments specifications, Âkit the parties negotiating among themselves before this dispute to settle this through.
2. Âkit the parties, if they have reached an agreement through negotiation, to connect the decision the person or deposited to a mismatch, teşekküle or Âkit, at the request of each of the parties Âkit Parties will appoint one arbitrator each and will appoint a third arbitrator shall be selected so that two 3-person from the present to the arbitral tribunal can also be agreed upon. Âkit each of the parties, the other a reported diplomatic way simulate arbitration of the dispute receives within sixty (60) days from the date of a referee will appoint the third referee in the next sixty (60) day period will be assigned in. Âkit if any of the Parties fails to appoint an arbitrator within the time given, or if the third arbitrator is assigned within the period specified, the President of the International Civil Aviation Organization Âkit if any of the parties to the requirements of the situation, the referee or Referees appointed may asked. In this case, the third referee will carry their nationality and a third State President of the arbitral tribunal. 3. Âkit the parties agree that, according to paragraph 2 of this article, will undertake to comply with any decision given. 4. If any one, or a Âkit Party Âkit Parties designated airline businesses according to paragraph 2 of this article does not fit the decision taken, during which comply with the other Âkit Party Âkit Party that is defective according to this agreement has given benefits or may limit, suspend or revoke the privileges.
5. each of the parties is to appoint the referee Âkit expenses. Referee Committee of the remaining costs will be shared equally with the Âkit Party.
Article 20 HEADINGS Article headlines that agreement only apply and was put for convenience and in no way indicates the limit of this Agreement does not plot the purpose and scope, limit or does not describe.
Article 21 REGISTRATION this agreement and attachments, will be registered in the International Civil Aviation Organization.
Article 22 ENTRY INTO FORCE this agreement means the constitutional provisions of each after the Âkit Party, the politics were diplomatic in this meal, the Convention shall enter into force on the date when the bedrock.
Up front, the undersigned and tasdiken Governments by duly accredited delegates who have this agreement signature.
Eighth day of August 1995 in Minsk, as two copies of the Turkish, Belarusian and English languages are arranged through.
On BEHALF of the GOVERNMENT of the REPUBLIC of TURKEY, on BEHALF of the GOVERNMENT of the REPUBLIC OF BELARUS Rygor FEDERAU Foreign Minister Erdal Inonu Civil Aviation Committee Chairman ADDITIONAL RULER part 1.
Airline-run or enterprises of the Republic of Turkey assesses to be operated by lines: Turkey search spots-spots in Minsk NOTES 1. Search in Turkey provided start and finish time points can be any flight time.
2. Âkit Parties may agree on time to the aviation authorities of Belarus to be downloaded onto an intermediate soil and this cannot be any traffic to the opposite. This restriction applies to all kinds of "intermittent" traffic.
Airline-run or enterprises of the Republic of Belarus assesses to be operated by dots: search spots in dots-Belarus-İstanbul NOTES 1. Search in Belarus provided that the start and finish time points can be any flight time.
2. Âkit the parties can agree on the aviation authorities from time to time to be downloaded onto your Turkey out of the territory of an intermediate point and vice versa cannot be any traffic, including. This restriction also applies to any standstill traffic.
As İbrahim VEHICLE Laws and decisions Director V.
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