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GOVERNMENT OF THE REPUBLIC OF ARMENIA
D E C I S I O N

# 202 - N, 13 February 2003

Based on Article 7, Paragraph 1 of the Republic of Armenia Law on Aviation, Article 11. Paragraph 1, sections "a", "b", "c" and "f" and Paragraph 2 of the RA Law on the State Administration Enterprises, and Point 7 of Part 2 of the RA Presidential Decree NH-1063 of 16 March 2002, The Government of the Republic of Armenia d e c i d e s to:

1. Establish the "Staff of the General Department of Civil Aviation at the Government of Armenia" State Administration Enterprise.
2. Adopt:
   a) The Charter of the General Department of Civil Aviation at the Government of Armenia in compliance with attachment 1.
   b) The Structure of the Staff of the General Department of Civil Aviation at the Government of Armenia in compliance with attachment 2.
   c) The structure and the size of the property transferring to the possession of the General Department of Civil Aviation at the Government of Armenia in compliance with attachment 3.
3. Decide that:
   a) The Flight Safety Inspection Department of the General Department of Civil Aviation at the Government of Armenia may have at least 5 (five) staff units.
   b) The Personnel and Administration Section of the General Department of Civil Aviation at the Government of Armenia may have at least 2 (two) staff units.
   
4. Provide the authorities foreseen by the Article 11, Paragraph 1, sections "g" and "m" of the RA Law on the State Administration Enterprises to the Director General of the General Department of Civil Aviation at the Government of Armenia.
5. Based on the Republic of Armenia Law on Aviation provide the authorities of the republican body of executive authority realizing state administration of aviation and air transportation (except for military aviation) in the Republic of Armenia to the General Department of Civil Aviation at the Government of Armenia.
6. The current decision shall come into force on the tenth day after the official announcement.

CHARTER

OF THE THE GENERAL DEPARTMENT OF CIVIL AVIATION
AT THE GOVERNMENT OF ARMENIA

I.GENERAL PROVISIONS

1. The General Department of Civil Aviation at the Government of Armenia (hereinafter referred to as "General Department") is a republican body of executive authority, which elaborates and implements the state policies in the of aviation sector, as well as administers and supervises aviation services and aviation infrastructures that operate in the Republic of Armenia. The General Department is the body authorized to administer the aviation sector (except for military aviation) in the Republic of Armenia.
2. The General Department is established, reorganized and/or terminated by the decree of the President of the Republic of Armenia.
3. The authorities of the General Department are established by the Republic of Armenia Law on Aviation, other laws and bylaws, decrees and resolutions of the President of the Republic of Armenia, decisions of the Government of the Republic of Armenia, as well as by International Treaties and Agreement to which Armenia is a party.
4. The General Department realize its activities in compliance with the legislation and other legislative acts of the Republic of Armenia.
5. The General Department has its round seal with the national emblem of the Republic of Armenia and the name of the organization in Armenian, letterhead forms, a logo and other identification marks (trademarks).
6. The General Department is constituted of the Director General and the Staff of the General Department. The state not-for-profit organizations and enterprises that are transferred to the subjection of the General Department are included in the structure of the General Department. By the decision of the Government of the Republic of Armenia the General Department may be empowered with the authority of ownership (administration) of state shares or stock.

   II.GOALS, OBJECTIVES AND AUTHORITIES
   OF THE GENERAL DEPARTMENT

1. The Goals and objectives of the General Department are:
   a) Preparation, development, negotiation in the bounds of its jurisdiction, and submission to the Government for approval of state policies related to safety, efficiency and regularity of civil aviation and the use of the airspace, as well as international air services agreements. Representation of the Republic of Armenia in international organizations on matters related to civil aviation.
   b) Realization of the state administration in civil aviation sector, regulation and monitoring of the activities, safety and operation of civil aviation and non-military state aviation, as well as of the ground equipment and provided services, in compliance with the requirements of the RA legislation and international air services agreements. Assignment of the administrative bodies of the airport operations, air traffic regulation, meteorological, aeronautical information and other ground services and monitoring of their activities to ensure flight in civil aviation.
   c) Regulation of the air traffic services, as well as aeronautical communication and aeronautical information services of the civil aviation in peacetime in compliance with the Republic of Armenia Law on Aviation.
   d) Development and introduction of detailed regulations and procedures in the field of civil aviation, regulation of procedures, establishment of prohibitions and restrictions regarding airspace use in the Republic of Armenia, and coordinating these activities in regard of military aviation with the Republic of Armenia Ministry of Defense.
   e) In compliance with the Republic of Armenia Legislation issuance of corresponding certificates, licenses and permits for all civil aviation activities; issuance and validation of airworthiness certificates of aircraft and certification of air navigation facilities and other aviation equipment; issuance and validation of licenses for flight operations personnel, air traffic controllers, and aircraft maintenance personnel, with involvement of the corresponding experts as needed.
   f) Oversight of activities and provided services, and continuing surveillance of all operators, organizations and aviation-related companies with regard of, and to ensure their compliance with the operating international standards and regulations.
   g) Expert investigations of aircraft accidents and incidents in the territory of Armenia (accidents and incidents investigation) and participation in such investigations in other States in relation to aircraft registered in Armenia or operated by an operator having its principal place of business in Armenia. Analysis of the existing ideas on safety issues and provision of the corresponding information aimed at prevention of the accidents in future. Inspection of aircraft of other States operating flights in the territory of the Republic of Armenia.
   h) Introduction and implementation of the Republic of Armenia National Program for aviation security.
   i) Coordination of search and rescue services in the civil aviation sector in the Republic of Armenia.
   j) Development, publication and maintenance of regulations, operating standards and procedures in the civil aviation sector issuing from the Republic of Armenia Law on Aviation.
   k) Implementation of international standards and recommended practices of the international civil aviation organizations.
   l) Maintenance of the Registry of Civil Aircraft of the Republic of Armenia.
   m) Collection, analysis and evaluation of statistical and other data on financial and production activities of aircraft and airport operators and ANS providers in the civil aviation sector and maintenance of the administrative statistic registry based on the collected data and information.
   n) Issuance of permissions for operation of commercial air transportation and services, and establishment of requirements and conditions for such transportation and services necessary to ensure flight safety and aviation security, determination of technical, financial and other capabilities of operators to perform the proposed aviation transportation and services, Prohibition, cancellation, suspension or change, in accordance with established procedures, of any flight operations if such operation or performance may present a threat to flight safety or does not comply with established international standards and applicable regulations.
   o) Determination of the conditions for realization of air transportation and services in compliance with the international treaties (agreements) according to the issued permit, as well as approval of the applied rates and flight programs in accordance with the volumes that are foreseen by the agreements or permits.
   p) Implementation of other goals reserved to it under the RA legislation.
2. In order to fulfill its goals and objectives the General Department realizes the following functions in compliance with the order provided by the RA Legislation:
   a) Representation of the interests of the Republic of Armenia in the international civil aviation organizations.
   b) Maintenance of the Registry of Civil Aircraft.
   c) Analysis of the aircraft performance characteristics and endurance aimed at deciding their airworthiness, and for issuance, validation, suspension and/or termination of airworthiness certificates.
   d) Certification of air navigation facilities, organizations and companies carrying out maintenance, repair and conversion services of the aircrafts, aircraft equipment and production, as well as other work and training of the technical personnel.
   e) Realization of inspection and monitoring of the airworthiness, technical service and repair certificates of aircraft during their validity period.
   f) Realization of aircraft performance analysis and tests aimed at issuance of special flight permits to the aircraft in cases when an airworthiness certificate cannot be provided to the aircraft.
   g) Protection of the state and official secrecy information in the civil aviation system in compliance with the procedures provided by law and administration of the corresponding documentation.
   h) Participation in mobilization and civil preparedness activities in the civil aviation system in compliance with the procedures provided by law and other legislative acts, and administration of corresponding documentation.
   i) Establishing and regulation of the requirements for issuing certificates of aircraft operators.
   j) Realization of aviation inspection and monitoring of the certified aircraft operators.
   k) Establishing procedures for issuing permits for realization of air transportation and services; establishing of the applied rates and flight programs in compliance with the procedures provided by law and other legislative acts.
   l) Establishing rules and regulations for issuing permits for non-scheduled flights to the Republic of Armenia and their monitoring.
   m) Approval of aviation safety programs of the airports and aircraft operating companies.
   n) Establishing rules and regulations for shipment of dangerous cargo by the civil aircraft.
   o) Regulation of the air traffic services to and from the Republic of Armenia in compliance with the RA legislation and other legislative acts, International Treaties and Agreements to which Armenia is a party, as well as approval and enactment of corresponding legal acts in the bounds of the authorities provided to it by the laws and other legislative acts.
   p) Issuance of corresponding licenses for flight operations and aircraft maintenance personnel, (aircraft commanders, pilots, technical staff air traffic controllers, stewards, operators), extension, suspension and/or termination of their effect, as well as establishing their rights and responsibilities in compliance with qualification category.
   q) Establishing the norms for training and appointment of categories to flight operations and aircraft maintenance personnel, (aircraft commanders, pilots, technical staff air traffic controllers, stewards, operators), and appointment of the corresponding qualification categories.
   r) Cooperation with the international civil aviation organizations, and oversight of realization of the operating international standards in the companies and organizations of the system.
   s) Organization and administration of the process for issuing and providing licenses for scheduled and non-scheduled air transportation operations in compliance with the RA legislation.
   t) Realization of state regulation of airspace management in the bounds of its competency.
   u) Study of the air transportation market aimed at raising the efficiency level of its use.
   v) Suspension and/or termination of certificates, and/or licenses, and/or certificates, and/or permits of aircrafts, air navigation facilities, airports, organizations and companies realizing air communication services, and air traffic administration bodies in case of revealing the facts of non-conformity with the requirements of the law, other legal acts and international treaties.
   w) Elaboration of rules and regulations for search and rescue operations of the aircrafts in distress and the people who survived after the aircraft accidents and incidents.
   x) Registration of all civil aviation accidents and incidents.
   y) Investigation of the construction plans of all the buildings and constructions planned to be built in the neighborhood area of the airport, aimed at realization of the necessary control and granting consent in the bounds of its competency.
   z) Securing presence of the appropriate specialists and representatives of the General Department in the flights of the aircraft operators that are registered in the Republic of Armenia aimed at realization of control.
   aa) In compliance with the procedures provided by law and other legislative acts and international treaties authorization (prohibition) of the civil aircrafts to enter into the airspace of the Republic of Armenia, as well as to land in the airports of the Republic of Armenia.
   bb) Establishing and approval of the rules and regulations and the composition of the flight medical expertise and qualification committees; considering the complaints against their decisions.
   cc) In order to meet its objectives provided by the international treaties and other legislative acts and by this Charter, receiving the necessary information from the organizations and companies working in the civil aviation sector in compliance with the procedures provided by law.
   dd) Establishing obligatory forms and lists of messages that are binding for the organizations working in the civil aviation sector, as well as the procedures for their application.
   ee) Inspection and monitoring of regularity of flights in the airports of the Republic of Armenia.
   ff) In case of revealing the facts of non-conformity with the regulatory requirements during the realization of inspection (monitoring), and in case of emergency, suspends and/or terminates further performance of that activity, assigns corresponding instructs for elimination of the shortcomings and requires their fulfillment.

   III.ADMINISTRATION OF THE GENERAL DEPARTMENT

1. The Director General of the General Department governs the General Department. The Director General is assigned to the post or dismissed by the Prim Minister of the Republic of Armenia. The Director General has deputies. The Prime Minister of the Republic of Armenia assigns or dismisses the Deputy Directors General on consulting with the Director General of the General Department.
   The Director General realizes his authorities in compliance with the Constitution of the Republic of Armenia, the RA Law on Aviation, other RA laws, this Charter, other legislative acts and International Treaties and Agreement to which Armenia is a party.
2. The Director General implements the goals and functions reserved to the General Department and is responsible for elaboration and realization of policies in the authorized spheres, as well as to ensure the prospects of development of the existing situation.
3. The Director General is accountable to the President of the Republic of Armenia, the Government and Prim Minister of the Republic of Armenia.
4. The Director General of the General Department:
   a) In compliance with the procedures provided by law adopts and announces the departmental legal acts in the bounds of his authority.
   b) Administers (governs) the current activities of the General Department, and is responsible for realization of the goals and functions of the General Department.
   c) In the bounds of his authority introduces suggestions to the Government and the Prime Minister of the Republic of Armenia.
   d) In the bounds of his authority issues orders and instructions, in conformity with his authority acts on behalf of the Republic of Armenian and the General Department, provides power of attorney to act on behalf of the Republic of Armenia or the General Department, including power of attorney and substitution.
   e) In compliance with the procedures provided by law appoints and dismisses the General Department employees, the directors (Director General, Executive Director) and deputy directors of the state non-profit organizations and 100 percent public stock companies that are passed to authority of the General Department, as well as implements encouragement and penalty means.
   f) Appoints and dismisses his advisors, press secretary and assistants.
   g) In compliance with the law and this Charter establishes the rights and authorities of the structural subdivisions of the General Department.
   h) Assigns responsibilities among the deputies.
   i) In the bounds of his authority provided by law and this Charter suspends or cancels the orders, commands, instructions, directions and directives of the Head of the Staff of the General Department and the Management of the state non-profit organizations and companies, and 100 percent public stock companies that are passed to authority of the General Department, which contradict with the requirements of the Republic of Armenia legislation.
   j) Listens to and introduces to the adoption of the Government of the Republic of Armenia the annual reports on the activities of the General Department, as well as the annual balance sheet, verifies the results of the audit of their activities, approves the annual estimate (budget) for maintenance of the Staff of the General Department, its performance and the accuracy of the results of the audit of the financial statements.
   k) Realizes control over the safety and alienation of the state property allocated to the Staff of the General Department.
   l) Introduces to the approval of the Government of Armenia the Republic of Armenia the Charter and the Structure of the Staff of the General Department.
   m) Introduces to the approval of the Prime Minister of the Republic of Armenia the number of the employees of the General Department.
   n) In cases provided by law and in compliance with the procedures confers the ranks and titles of the civil service employees of the Republic of Armenia.
   o) Establishes advisory bodies.
   p) Exercises other authorities conferred to him by law and this Charter.
5. The Deputy Director General carries out the duties of Director General during his absence being commissioned by the Director General beforehand.
6. The Deputy Director General:
   a) Coordinates the activities in the system of the General Department, for realization of the policies of the General Department in the spheres assigned to him.
   b) In the bounds of his authority, and through issuing instructions, and directions to the structural subdivisions of the General Department, coordinates realization of the activities that are necessary to carry out the policies of the General Department in the spheres assigned to him.
   c) In compliance with the goals and objectives of the General Department issues certain instructions and assignments in the spheres assigned to him to the corresponding bodies of the General Department, and realizes monitoring of their accomplishment.
   d) On the instruction of the Director General of the General Department realizes the preliminary discussions of the issues that should be discussed at the Director General.
   e) Coordinates the professional expertise and operative analysis of the progress of activities realized by the bodies of the General Department under his supervision in the activity spheres of the General Department assigned to him.
   f) In the bounds of his authority cooperates with the state government and other bodies, organizations and entities.
   g) Coordinates elaboration and implementation activities of the corresponding development programs in the spheres assigned to him.
   h) Periodically informs the Director General on the existing situation in the spheres assigned to him.
   i) Ensures monitoring of the realization of the orders and instructions of the Director General in the spheres assigned to him and reports the results to the Director General.
   j) Provides suggestions to the Director General and the Head of the Staff of the General Department on the issues of their competence.
   k) Realizes other authorities and/or functions on the assignment of the Director General.
7. The Director General of the General Department may have advisors, a press secretary and assistants and assigns responsibilities among them.
8. Financing of the General Department is realized in compliance with the order provided by the RA Legislation.
   The General Department has an extra budgetary account; the sources of the extra budgetary account are acquired in compliance with the order provided by the Government of the Republic of Armenia.

   IV.STAFF OF THE GENERAL DEPARTMENT

1. The goals and objectives of the Staff of the General Department (including the Inspection department operating in its structure) is complete and effective realization of the authorities provided to it by laws, other legislative act an this Charter, as well as ensuring participation of the General Department in Civil and legal relationship.
2. The Staff of the General Department is a State Administration Entity, which lacks status of the juridical person, and as a state administration entity shall apply for registration to the State Registrar Body in compliance with the order provided by the Republic of Armenia legislation.
3. The Staff of the General Department operates in based the Civil Code of the Republic of Armenia, the RA Law on the State Administration Enterprises, other laws and legislative acts, International Treaties to which Armenia is a party and this Charter.
4. In the bounds of its authority the Staff of the General Department may acquire and realize property, individual and non-property rights, undertake obligations, act as an applicant or respondent in the court in the name of the Republic of Armenia.
5. Thee Staff of the General Department have its round seal with the national emblem of the Republic of Armenia and the name of the organization in Armenian, letterhead forms, a logo and other identification marks (trademarks).
6. The Staff of the General department has its own department has its own Balance.
7. The Staff of the General Department may not realize business (entrepreneurial) activities. Only state tax may be collected for the operations and provided services of the Staff of the General Department in compliance with the procedures and the size provided by law.
8. The Staff of the General Department realizes its financial transactions through the State Treasury System.
9. Procurements for the maintenance of the Staff of the General Department, as well as procurements in the bounds of the budgetary programs in the authority of the General Department are realized in compliance with the procedures provided by the Republic of Armenia Law on Procurements.
10. The Republic of Armenia carries the responsibility for the obligations of the Staff of the General Department.
11. The name of the Staff of the General Department is: Staff of the General Department of Civil Aviation at the Government of the Republic of Armenia.
12. The location of the Staff of the General Department is "Zvartnots" Airport, Yerevan, Republic of Armenia.

    V.PROPERTY OF THE STAFF OF THE GENERAL DEPARTMENT

1. Property of the Staff of the General Department is formed by the Government of the Republic of Armenia in compliance with the order provided by law, as well as from the property acquired through transactions signed by the General Department on behalf of the Republic of Armenia, and passed to the possession, command and use of the staff (including the property rights), which are included in its balance.
2. The Government of Armenia is entitled to take the property of the Staff of the General Department at any time.
3. The Staff of the General Department has the right to possess, command and use its property according to its purposes in order to fulfill the goals and objectives of the Department in cases provided by law, other legislative acts and this Charter.

VI.STRUCTURE OF THE STAFF OF THE GENERAL DEPARTMENT

1. The structure of the Staff of the General Department includes structural subdivisions (secretariat, departments and sections).
2. The Director General of the General Department adopts the rules and regulations of the structural subdivisions of the General Department.

   VII.ADMINISTRATION OF THE STAFF OF THE GENERAL DEPARTMENT

1. Administration of the Staff of the General Department is realized by the Government of the Republic of Armenia, and the Director General of the General Department in the bounds of the authorities provided by law and this Charter.
   The Head of the Staff of the General Department realizes administration of the Staff of the General Department. The Prim Minister of the Republic of Armenia assigns or dismisses the Head of the Staff of the General Department.
2. The Government of the Republic of Armenia:
   a) Reorganize or terminate the activities of the Staff of the General Department.
   b) Adopt the Charter of the Staff of the General Department and changes and amendments to the Charter.
   c) Decide the structure and the volume of the property transferred to the possession of the Staff of the General Department.
   d) Approves the structure of the Staff of the General Department.
   e) Realize other authorities vested by the Constitution of the Republic of Armenia, the RA Law.
3. In compliance with the authorities provided by Law, other legislative acts, orders of the Director General of the General Department and this Charter the Head of the Staff of the General Department administers the day-to-day operation of the Staff of the General Department. The Head of the Staff of the General Department is liable for failure to meet the requirements of Laws, other legislative acts, the Decisions of the Government of Armenia, orders of the Director General of the General Department and this Charter, and/or for their improper implementation.
4. In compliance with the procedures provided by law the Head of the Staff of the General Department bears material responsibility for the loss of property caused to the state on his fault. Termination of the authorities of the Head of the Staff of the General Department may not be a basis for not-paying compensation for loss of property.
5. Head of the Staff of the General Department should not execute the orders and instructions of the Founder, the Director General of the General Department contradicting to the orders and instruction of the Republic of Armenia legislation.
6. During the absence of the Head of the Staff of the General Department or in case of impossibility to realize the official responsibilities the issue of realization of the responsibilities of the Head of the Staff of the General Department is regulated in compliance with the Law of the Republic of Armenia on Civil Service.
7. Head of the Staff of the General Department:
   a) In the bounds of his authority and without the power of attorney acts on behalf of the Republic of Armenia and represents its interests, in the bounds of its authority acts as an applicant or respondent in the court, provides power of attorney to solicit a case and/or realize other court activities.
   b) In compliance with the order provided by law, other legislative acts, the Founder and this Charter manages the state property of the organization including the financial assets.
   c) In the bounds of his authority provides power of attorney to act on behalf of the Republic of Armenia, including power of attorney and substitution.
   d) In compliance with the procedures provided by law appoints and dismisses the General Department staff employees, as well as implements encouragement and penalty means.
   e) In cases provided by law and in compliance with the procedures confers the ranks of the civil service employees of the Republic of Armenia.
   f) In the bounds of his authority provided by laws, other legislative acts and this Charter issues orders and mandatory instructions.
   g) Introduces to the adoption of the Director General the annual reports on the activities of the Staff of the General Department, as well as the annual balance sheet, ensures bookkeeping operations of the Staff of the General Department, compiling and introduction of the financial reports, the annual estimate (budget) for maintenance of the Staff of the General Department, its performance, annual financial reports an annual balance, as well as undertake measures to eliminate the financial violations that are revealed in the result of inspections.
   h) Introduces suggestions on the main directions of the activities of the Staff of the General Department to the Director General of the General Department.
   i) Coordinates preparatory activities for elaboration of the draft budget of the General Department and ensures realization of budgetary expenditures.
   j) Coordinates realization of the discussions and meetings in the General Department.
   k) Monitors timely realization of the activities by the Staff of the General Department.
   l) Submits for approval the orders of the Director General of the General Department to the Director General of the General Department.
   m) Ensures cooperation with the staffs of the Republic of Armenia governmental bodies.
   n) Organizes the office work and technical services within the General Department.
   o) Realizes other authorities conferred to him by law, other legislative acts and this Charter.
8. The Chief Financier of the Staff of the General Department administers the financial and accounting services of the Staff of the General Depart, acts under the direct supervision of the Head of the Staff of the General Department and executes the authorities provided by the Republic of Armenia Law on Treasury System.
9. The Chief Financier of the Staff of the General Department is responsible for realization of the accounting of the Staff of the General Department, and compiling the financial, budgetary, taxation, statistical, and compulsory payments' reports in timely manner.

   VIII.ACCOUNTING AND REPORTING

1. The Staff of the General Department realizes accounting in compliance with the procedures provided by the Republic of Armenia legislation and provides financial statements, as well as tax and customs declarations, statistical reports and calculations to the corresponding bodies.
2. The accuracy of the annual financial statements on the operations of the General Department is subjected to audit in compliance with the order established by the RA Government.

   IX.REORGANIZATION AND LIQUIDATION OF THE STAFF
   OF THE GENERAL DEPARTMENT

1. The rules and regulations for reorganization and liquidation of the Staff of the General Department are provided by law.

S T R U C T U R E

OF THE STAFF OF THE GENERAL DEPARTMENT OF CIVIL AVIATION
AT THE GOVERNMENT OF ARMENIA

STRUCTURAL SUBDIVISIONS

Secretariat

Flight Safety Inspection Department

Air Navigation Certification Department

Air Transport Regulation and Licensing Department

Finance and Accounting Section

Aviation Security Section

Personnel and Administration Section

THE STRUCTURE AND THE SIZE OF THE PROPERTY TRANSFERRING TO
POSSESSION OF THE GENERAL DEPARTMENT OF CIVIL AVIATION
AT THE GOVERNMENT OF ARMENIA