ORDER OF THE MINISTER OF THE INDUSTRY AND INFRASTRUCTURE DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of April 29, 2020 No. 247

About introduction of amendments to the order of the Minister of investments and development of the Republic of Kazakhstan of June 26, 2017 No. 382 "About approval of Rules of accreditation of foreign air carriers in the Republic of Kazakhstan"

I ORDER:

1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of June 26, 2017 No. 382 "About approval of Rules of accreditation of foreign air carriers in the Republic of Kazakhstan" (it is registered in the Register of state registration of regulatory legal acts for No. 15386, it is published on August 7, 2017 in reference control bank of regulatory legal acts of the Republic of Kazakhstan), the following changes:

state preamble in the following edition:

"According to Item 3 of article 81 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services", I ORDER:";

The rules of accreditation of foreign air carriers in the Republic of Kazakhstan approved by the specified order to state in edition according to appendix to this order.

2. To provide to committee of civil aviation of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of the industry and infrastructure to development of the Republic of Kazakhstan;

3. To impose control of execution of this order on the supervising vice-minister of the industry and infrastructure development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

It is approved Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

Appendix

to the Order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of April 29, 2020 No. 247

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of June 26, 2017 No. 382

Rules of accreditation of foreign air carriers in the Republic of Kazakhstan

Chapter 1. General provisions

1. These rules of accreditation of foreign air carriers in the Republic of Kazakhstan (further - Rules) are developed according to Item 3 of article 81 of the Law of the Republic of Kazakhstan of July 15, 2010 "About use of airspace of the Republic of Kazakhstan and activities of aircraft" (further - the Law) and the subitem 1) of article 10 of the Law of the Republic of Kazakhstan of April 15, 2013 "About the state services" and determine procedure for accreditation of foreign air carriers in the Republic of Kazakhstan and rendering the state service "Issue of the Certificate on Accreditation of the Foreign Carriers Performing the Activities in the territory of the Republic of Kazakhstan".

2. The main determinations and terms used in these rules:

1) the general agent - the legal entity who is resident of the Republic of Kazakhstan, authorized by foreign carrier for sale of transportations in the territory of the Republic of Kazakhstan responsible before passengers for the services rendered by foreign carrier based on the contract with foreign carrier and the power of attorney from his name;

2) foreign air carrier - the foreign airline performing regular passenger traffic, operating in the territory of the Republic of Kazakhstan through representation, branch or the general agent (further - foreign carrier);

3) the reduced minimum of vertical echeloning (the reduced abbreviation in RVSM English (further - RVSM)) - the interval of vertical echeloning applied to echeloning of the aircrafts having the admission to flights using RVSM.

3. Accreditations are subject all foreign carriers planning accomplishment of regular passenger flights to the Republic of Kazakhstan (from the Republic of Kazakhstan).

4. The state service "Issue of the Certificate on Accreditation of the Foreign Carriers Performing the Activities in the territory of the Republic of Kazakhstan" (further - the state service) appears Committee of civil aviation of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan (further - the service provider).

Chapter 2. Procedure for accreditation of foreign air carriers in the Republic of Kazakhstan

5. The legal entity (further - uslugopoluchatel) for receipt of the state service sends to the service provider through the web portal of "the electronic government" www.egov.kz, www.elicense.kz (further - the portal) the statement in electronic form certified by the electronic and digital signature (further - the EDS) uslugopoluchatel according to appendix 1 to these rules and documents according to Item 8 of the standard of the state service "Issue of the Certificate on Accreditation of the Foreign Carriers Performing the Activities in the territory of the Republic of Kazakhstan" according to appendix 2 (further - the Standard) to these rules.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering, and also other data taking into account features of provision of the state service are stated in the Standard.

When giving the uslugopoluchatel of all necessary documents through the portal - in "personal account" of uslugopoluchatel displays the status about acceptance of request for rendering the state service with indication of the date of receipt of result of the state service.

6. The term of consideration of documents and issue of result of rendering the state service constitutes 20 (twenty) working days.

7. The service provider performs document registration, in day of their receipt.

The employee of the service provider within 2 (two) working days from the moment of document registration specified in Item 8 of the Standard checks completeness of the submitted documents.

Data on accounting registration (re-registration) of uslugopoluchatel, the service provider receives from the corresponding state information systems through lock of "the electronic government".

In case of representation by uslugopoluchatel of incomplete document package the service provider in the terms specified in part two of this Item prepares motivated refusal in reception of an application.

The motivated refusal in reception of an application signed by the EDS of the service provider goes to uslugopoluchatel in electronic form.

8. In case of provision by uslugopoluchatel of complete document package, specified in Item 8 of the Standard, the service provider, within 18 (eighteen) working days, checks compliance of uslugopoluchatel and reliability of the provided materials, the data and data necessary for rendering the state service for compliance to requirements of the Law.

In case of determination of compliance of uslugopoluchatel and the provided materials, data and data, the service provider considers availability:

permissions from the state of registration of foreign air carrier for accomplishment of commercial air transportations;

the status of the appointed air carrier from the corresponding foreign state.

Conditions of provision of the right to transportation concerning foreign air carrier are determined by international treaties on air traffic which participant is the Republic of Kazakhstan, and the legislation of the Republic of Kazakhstan.

In case of compliance of uslugopoluchatel and the provided materials, data and data to requirements of the Law the Certificate on accreditation of the foreign carriers performing the activities in the territory of the Republic of Kazakhstan in form, according to appendix 3 to these rules is drawn up, or in case of not compliance of uslugopoluchatel and the provided materials, data and data the motivated answer about refusal in rendering the state service in the bases provided in the Standard is drawn up.

The result of rendering the state service goes to the portal to "personal account" of the uslugopoluchatel in electronic form signed by the EDS of the authorized person of the service provider.

9. The certificate on accreditation of the foreign carriers performing the activities in the territory of the Republic of Kazakhstan is issued to uslugopoluchatel for the period two years from start date of its action.

10. The granted Certificate on accreditation of the foreign carriers performing the activities in the territory of the Republic of Kazakhstan cannot be transferred to other physical person or legal entity.

11. The service provider provides entering of data on stage of rendering the state service into information system of monitoring of rendering the state services.

When rendering the state service by means of the state information system of permissions and notifications data on stage of rendering the state service arrive in the automatic mode in information system of monitoring of rendering the state services.

Chapter 3. Procedure for appeal of decisions, actions (failure to act) of service providers and (or) their officials concerning rendering the state services

12. The claim to decisions, action (failure to act) of employees of structural divisions of the service provider can be submitted addressed to the head of the service provider and (or) to authorized body by assessment and control of quality of rendering the state services.

The claim of uslugopoluchatel which arrived to the service provider according to the subitem 2) of Item 3 of article 25 of the Law is subject to consideration within five working days from the date of its registration.

The claim of uslugopoluchatel which arrived to authorized body by assessment and control of quality of rendering the state services is subject to consideration within fifteen working days from the date of its registration.

13. In disagreement cases with results of the decision of the service provider the uslugopoluchatel can appeal results judicially.

Appendix 1

to Rules of accreditation of foreign air carriers in the Republic of Kazakhstan

Statement

I ask you to carry out accreditation of foreign air carrier

_____________________________________________________________________________

_____________________________________________________________________________

        (the official name and the commercial name if differs)

Data on airline:

1. Pattern of ownership ___________________________________________________

2. Year of establishment __________________________________________________________

3. Data on registration of the legal entity

________________________________________________________________________

________________________________________________________________________

                                     (number by whom and when it is issued)

4. Bank details

________________________________________________________________________

________________________________________________________________________

(No. settlement account, correspondent account, microfinancial organization (IFI),

                            name and location of bank)

5. Legal address and other details

_______________________________________________________________________

_______________________________________________________________________

(postal address, phone, telefax, telex, teletype, cable and telephone

conditional call signs, IKAO, IATA codes, SIEVE, AFTN)

6. _____________________________________________________________________

(surname, name, middle name (in the presence) (further - full name) the first director)

7. The list of aircrafts on which accomplishment of flights to the Republic of Kazakhstan is planned:

№	AF type (model, serial number)	Registration number	Approval of RVSM (statement of the operator by the state)	EDTO (statement of the operator by the state)
1
2
3
4
5

He agrees to use of the data which are the secret protected by the law, containing in information systems.

Note:

1) ICAO - International Civil Aviation Organization;

2) IATA - International association of air transport;

3) SIEVE - International society of aviation telecommunication;

4) AFTN - the aviation fixed telecommunication network;

5) AF - the aircraft;

6) RVSM - the reduced minimum of vertical echeloning;

7) EDTO - production of flights with the increased leaving time for reserve airfield.

Appendix 2

to Rules of accreditation of foreign air carriers in the Republic of Kazakhstan

See Appendix 2 (5Kb In original language)

Appendix 3

to Rules of accreditation of foreign air carriers in the Republic of Kazakhstan

See Appendix 3 (16Kb In original language)

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info