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12983 Russian Federation - Memorandum of Understanding on Cooperation in the Field of Civil Aircraft/Incident Investigation and Prevention


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12983

 

 

AVIATION

Accident Investigation

 

 


Memorandum of Understanding
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: Accident Investigation

Memorandum of understanding signed at Moscow
September 2, 1998;
Entered into force September 2, 1998.

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE RUSSIAN FEDERATION
ON
COOPERATION IN THE FIELD OF CIVIL AIRCRAFT
ACCIDENT/INCIDENT INVESTIGATION AND PREVENTION
The Government of the United States of America and the Government of the
Russian Federation, hereinafter referred to as the Parties,
Desiring to promote civil aviation safety and accident prevention,
Recognizing the mutual benefit of improved procedures for the investigation
and reporting of the facts, conditions, and circumstances of civil aviation accidents/
incidents,
Recognizing the many mutual aviation safety benefits that have been realized
through cooperation in accident/incident investigation and prevention under the
auspices of the Working Group on Accident Investigation, pursuant to cooperative
agreements between the United States and Russia; and,
Recognizing the February 5, 1997, joint statement of the U.S.-Russian
Commission on Economic and Technological Cooperation indicating that the Parties
intend to develop bilateral cooperation in the field of civil aviation,
Have agreed as follows:
-2-
1. The Parties shall take measures to strengthen cooperation on civil aircraft
accident/incident investigation and prevention. Cooperation may include, but is not
limited to:
a. Assistance and exchange of techniques for the investigation and
prevention of civil aircraft accidents and incidents.
b. Exchange of accident/incident investigation and prevention data.
c. Assistance and exchange of information on issues related to
accident/incident investigation and prevention within the competence of the
International Civil Aviation Organization.
2. Competent Authorities responsible for implementation of this
Memorandum of Understanding (MOU) are:
For the Government of the United States of America — The National
Transportation Safety Board (NTSB), with support and participation of the Federal
Aviation Administration.
For the Government of the Russian Federation:
The Interstate Aviation Committee (IAC), a specially authorized body in the
area of aircraft accident investigation that shall act on behalf of and on instructions of
the Government of the Russian Federation;
The Federal Aviation Authority of Russia (FAAR), a specially authorized
body in the area of prevention of aircraft accidents and investigation of incidents with
civil aircraft that shall act on behalf of and on instructions of the Government of the
Russian Federation.
3. Aircraft accident and incident investigations shall be carried out in
accordance with the Convention on International Civil Aviation (Chicago
Convention of 1944) and Annex 13 to the Chicago Convention of 1944. Pursuant to
Annex 13, the following authorities shall be responsible for instituting and
conducting the accident/incident investigation under the following circumstances:
The NTSB shall have primary responsibility in the event of any aircraft
accident/incident occurring on the territory of the U.S. involving a Russian-operated
or -registered aircraft or an accident/incident occurring in the U.S. involving an
aircraft or aircraft engine of Russian design or manufacture. The FAA shall
participate in the NTSB investigation. The NTSB shall also have responsibility for
providing the U.S.-accredited representative to investigations of accidents/incidents
occurring on the territory of the Russian Federation involving a U.S.-operated or
-registered aircraft or an accident/incident occurring in the Russian Federation
involving an aircraft or aircraft engine of U.S. design or manufacture. The FAA shall
participate as an advisor to the NTSB accredited representative.
The IAC shall have primary responsibility in the event of any aircraft accident
occurring on the territory of the Russian Federation involving a U.S.-operated or
-registered aircraft or an accident occurring in the Russian Federation involving an
aircraft or aircraft engine of U.S. design or manufacture. The IAC shall also have
responsibility for providing the Russia-accredited representative to investigations of
accidents occurring on the territory of U.S. involving a Russia-operated or -registered
aircraft or an accident/incident occurring in U.S. involving an aircraft or aircraft
engine of Russian design or manufacture.
-3-
The FAAR shall have primary responsibility in the event of any aircraft
incident occurring on the territory of the Russian Federation involving a U.S.-
operated or -registered aircraft or an incident occurring in the Russian Federation
involving an aircraft or aircraft engine of U.S. design or manufacture. The FAAR
shall also have responsibility for providing the Russia-accredited representative to
investigations of incidents occurring on the territory of U.S. involving a Russia-
operated or -registered aircraft.
4. The Parties shall take steps to establish mutual confidence in each other's
civil aircraft accident/incident investigation and prevention system, and shall
cooperate to improve those systems.
5. The Parties shall implement this MOU in accordance with their respective
national laws and regulations and in accordance with the rules and principles of
international law. Security and confidentiality of data, especially proprietary
documents, are subject to the respective national laws and regulations of both Parties.
6. The Competent Authorities shall continue participation in the Working
Group on Accident Investigation, and prepare recommendations in the optimum
working relationship among the Competent Authorities of the Parties.
7. This MOU shall enter into force upon signature and shall remain in force
until terminated by six (6) months' written notice from one Party to the other Party.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their
respective Governments, have signed the Memorandum of Understanding.
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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