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12982 Russian Federation - Agreement for Promotion of Aviation Safety


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12982

 

 

AVIATION

Safety

 

 


Agreement Between the
UNITED STATES OF AMERICA
and the RUSSIAN FEDERATION

 

Signed at Moscow September 2, 1998

 

 

 

 

 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

RUSSIAN FEDERATION

Aviation: Safety

Agreement signed at Moscow September 2, 1998;
Entered into force September 2, 1998.

AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE RUSSIAN FEDERATION
FOR PROMOTION OF AVIATION SAFETY
The Government of the United States of America and the Government of the
Russian Federation, hereinafter referred to as the Contracting Parties,
Desiring to promote civil aviation safety and environmental quality,
Noting common concerns for the safe operation of civil aircraft,
Recognizing the emerging trend toward multinational design, production, and
interchange of civil aeronautical products,
Desiring to enhance cooperation and increase efficiency in matters relating to
civil aviation safety,
Considering the possible reduction of the economic burden imposed on the
aviation industry and operators by redundant technical inspections, evaluations, and
testing,
Recognizing the mutual benefit of improved procedures for the reciprocal
acceptance of airworthiness approvals, environmental testing, and development of
reciprocal recognition procedures for approval and monitoring of flight simulators,
aircraft maintenance facilities, maintenance personnel, airmen, and flight operations,
Have agreed as follows:
-2-
ARTICLE I
A. To facilitate acceptance by each Contracting Party of the other
Contracting Party's (a) airworthiness approvals and environmental testing and
approval of civil aeronautical products, and (b) qualification evaluations of flight
simulators.
B. To facilitate acceptance by each Contracting Party of the approvals and
monitoring of maintenance facilities and alteration or modification facilities,
maintenance personnel, airmen, aviation training establishments, and flight
operations of the other Contracting Party.
C. To provide for cooperation in sustaining an equivalent level of safety and
environmental objectives with respect to aviation safety.
D. Each Contracting Party shall designate the appropriate authorities as its
executive agent(s) to implement this Agreement.
For the Government of the United States of America, the executive agent
shall be the Federal Aviation Administration (FAA) of the Department of
Transportation.
For the Government of the Russian Federation, the executive agent shall be
the Interstate Aviation Committee (IAC) for type design approval, initial
airworthiness approvals, environmental approval, and environmental testing of civil
aeronautical products; and the Federal Aviation Authority of Russia (FAAR) for
approval of maintenance facilities, maintenance personnel, and airmen; approval of
flight operations; qualification evaluation of flight simulators; approval of aviation
training establishments; and continuing in-service airworthiness issues related to civil
aeronautical products. For the purpose of carrying out the provisions of this
Agreement, the IAC shall act under the authority and on behalf of the Government
of the Russian Federation.
ARTICLE II
For the purposes of this Agreement, the terms below have the following
meaning:
A. "Airworthiness approval" means a finding that the type design or change
to a type design of a civil aeronautical product meets standards agreed between the
Contracting Parties or that a product conforms to a type design that has been found
to meet those standards, and is in a condition for safe operation.
B. "Alterations or modifications" means making a change to the
construction, configuration, performance, environmental characteristics, or operating
limitations of the affected civil aeronautical product.
C. "Approval of flight operations" means the technical inspections and
evaluations conducted by a Contracting Party, using standards agreed between the
Contracting Parties, of an entity providing commercial air transportation of
passengers or cargo, or the finding that the entity complies with those standards.
D. "Civil aeronautical product" means any civil aircraft, aircraft engine, or
propeller or subassembly, appliance, material, part, or component to be installed
thereon.
-3-
E. "Environmental approval" means a finding that a civil aeronautical
product complies with standards agreed between the Contracting Parties concerning
noise and/or exhaust emissions. "Environmental testing" means a process by which a
civil aeronautical product is evaluated for compliance with those standards, using
procedures agreed between the Contracting Parties.
F. "Flight simulator qualification evaluations" means the process by which a
flight simulator is assessed by comparison to the aircraft it simulates, in accordance
with standards agreed between the Contracting Parties, or the finding that it complies
with those standards.
G. "Maintenance" means the performance of inspection, overhaul, repair,
preservation, and the replacement of parts, materials, appliances, or components of a
product to assure the continued airworthiness of that product, but excludes
alterations or modifications.
H. "Monitoring" means the periodic surveillance by a Contracting Party's
appropriate executive agent to determine continuing compliance with the
appropriate standards.
ARTICLE III
A. The Contracting Parties' appropriate executive agents shall conduct
technical assessments and work cooperatively to develop an understanding of each
other's standards and systems in the following areas:
1. Airworthiness approvals of civil aeronautical products;
2. Environmental approval and environmental testing;
3. Approval of maintenance facilities, alteration or modification
facilities, maintenance personnel, and airmen;
4. Approval of flight operations;
5. Qualification evaluation of flight simulators; and
6. Approval of aviation training establishments.
B. When the appropriate executive agents of the Contracting Parties agree
that the standards, rules, practices, procedures, and systems of both Contracting
Parties in one of the technical specialties listed above are sufficiently equivalent or
compatible to permit acceptance of findings of compliance made by one Contracting
Party for the other Contracting Party to the agreed-upon standards, the appropriate
executive agents shall execute written Implementation Procedures describing the
methods by which such reciprocal acceptance shall be made with respect to that
technical specialty.
C. The Implementation Procedures shall include at a minimum:
1. Definitions;
2. A description of the particular area of civil aviation to be addressed;
3. Provisions for reciprocal acceptance of appropriate executive agent
actions such as test witnessing, inspections, qualifications, approvals, and
certifications;
-4-
4. Accountability of executive agents;
5. Provisions for mutual cooperation and technical assistance;
6. Provisions for periodic evaluations; and
7. Provisions for amendments to or termination of the Implementation
Procedures.
ARTICLE IV
Any disagreement regarding the interpretation or application of this
Agreement or its Implementation Procedures shall be resolved by consultation
between the Contracting Parties or their appropriate executive agents, respectively.
ARTICLE V
This Agreement shall enter into force upon signature and shall remain in force
until terminated by sixty (60) days' written notice from one Contracting Party to the
other Contracting Party. Such termination shall also act to terminate all existing
Implementation Procedures executed in accordance with this Agreement. This
Agreement may be amended by the written agreement of the Contracting Parties.
Individual Implementation Procedures may be terminated or amended by the
appropriate executive agents.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments, have signed this Agreement.
DONE at Moscow, this second day of September, 1998, in duplicate, in the English
and Russian languages, each text being equally authentic.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA: RUSSIAN FEDERATION:



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