Memorandum of Understanding Between the United States of America and 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:

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 Russiaoperated or -registered aircraft or an accident/ incident occurring in U.S. involving an aircraft or aircraft engine of Russian design or manufacture.

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 Russiaaccredited 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 United States of America:
William J. Clinton

For the Government of the Russian Federation:
Boris Yeltsin