(2023.11.06-ны өдрийн орчуулга)                                                       Unofficial translation

Entry into force date: January 01, 2024

LAW OF MONGOLIA

July 07, 2023                                                                                               Ulaanbaatar city

ON CIVIL AVIATION

/Revised edition/

cHApTER ONE

GENERAL PROVISIONS

12.1.1.to approve the interpretation of the terms of the Civil Aviation Rules;

12.1.2.to determine general requirements on registration of civil aircraft in Mongolia, issuance of airworthiness certificates, certification of aircraft, products, and parts, issuance of airworthiness guidelines, and technical services;

12.1.3.to issue a professional identification card, rank, or health certificate to an individual;

12.1.4.to engage in flight activities with the general purposes;

12.1.5.to enforce compulsorily the civil aviation rules and exempt from the requirements of the rules;

12.1.6.to report accidents and violations;

12.1.7.to establish and classify the airspace, and make regulation in the airspace;

12.1.8.to establish general requirements for flight operations;

12.1.9.to implement the safety management system;

12.1.10.to make certification of the operator of unmanned aircraft;

12.1.11.air transporter security protection;

12.1.12.certification of regulated air cargo organizations and transportation of dangerous goods by aircraft;

12.1.13.certification of large, medium and small aircraft flight operations and domestic and foreign air transporters;

12.1.14.certification of operators carrying swing away cargo by helicopter, performing work from the air and free aviation activities;

12.1.15.establishment of an aerodrome, certification of an aerodrome;

12.1.16.certification of the aviation security protection organization;

12.1.17.certification of flight training institutions;

12.1.18.certification of organizations that design, manufacture the aircraft and provide technical services for aircraft;

12.1.19.certification of amateur activity operators with parachutes and ultralight aircraft;

12.1.20.development of procedure on air navigation technical services, air traffic services, and application flight, and certification of aviation meteorological and aviation information service organizations;

12.1.21.other rules to be adopted according to amendments made to the international treaties.

Article 13.Economic regulation of civil aviation

13.1.The following civil aviation activities shall be regulated by the rules of economic regulation:

13.1.1.to appoint an air transporter to be conducted the international scheduled flights;

13.1.2.to determine the type of paid civil aviation services and payment amount thereto;

13.1.3.general conditions of passenger, baggage and cargo transportation;

13.1.4.air transporter insurance;

13.1.5.collection and distribution of civil aviation statistics;

13.1.6.to make a calculation of costs and benefits of the civil aviation sector investment;

13.1.7.to assess the financial capacity of air navigation, airport and air transport service providing organizations to ensure their investment and safety;

13.1.8.others prescribed by law.

CHAPTER FOUR

AIRCRAFT AND RELATED ACTIVITIES

Article 14.Registration of aircraft and its components

14.1.The state administrative body in charge of civil aviation matters shall maintain the register of aircraft and its components to be registered in Mongolia.

14.2.The aircrafts that are not registered in other countries and being under the ownership and possession of the individuals and legal entities shall be registered by them in the Aircraft Registry of Mongolia in accordance with the Civil Aviation Rules.

14.3.It shall be prohibited to conduct flight in the airspace of Mongolia by unregistered aircraft.

14.4.In case of violation of this Law and Civil Aviation Rules, the aircraft registration certificate shall be suspended or revoked.

14.5.The aircraft registration certificate shall prove the national jurisdiction of the aircraft and shall not prove the ownership of the aircraft.

Article 15.Airworthiness of aircraft

15.1.Aircraft with a type certificate issued or accepted by the state administrative body in charge of civil aviation matters shall be used for flight operations.

15.2.Certificate of airworthiness shall be issued to the aircraft that meets the requirements of type certificate and flight safety through inspection and test.

15.3.The airworthiness certificate shall include its validity period, aircraft designation, classification and limitations necessary to ensure flight safety, and other information.

15.4.Paragraph 15.2 of this Law shall not apply to the flight of ultralight aircraft, hot air balloons and model aircraft.

15.5.The "type certificate" referred to in paragraph 15.1 of this Law shall mean the document issued by the competent authority of the negotiating country defining the conformity of the respective aircraft design with the relevant airworthiness requirements.

Article 16.Types of flight operations

16.1.Flight operations shall have the types including commercial air transport, work to be performed from the air, and general purpose flights.

16.2.The type of commercial air transport shall include flights to be carried out for the purpose of transporting passengers, cargo and mail for a fee, or for obtaining economic benefits.

16.3.The work to be performed from the air shall include performing agricultural work, taking photography, conducting research, observation, and patrol, conducting search, rescue, and advertisement through aircraft, and other work and services to be performed by the flight.

16.4.The general purpose flights shall include other types of flight except the commercial air transport and works to be performed from the air.

Article 17.General purpose flight operations

17.1.General purpose flights shall include the flights to be performed by private and free, light, ultralight and unmanned aircraft, amateur flights to be performed by the ultralight aircraft, and other related flights.

17.2.The owner and possessor of the aircraft shall be responsible for the safety of general purpose flights.

17.3.General flight operations shall be regulated by Civil Aviation Rules.

17.4.It shall be prohibited to set restrictions on general flight operations other than those specified in the Civil Aviation Rules.

Article 18.Air transporter certificate

18.1.The state administrative body in charge of civil aviation matters shall issue an air transporter certificate to legal entities of Mongolia that meet the requirements specified in this Law and relevant civil aviation rules.

18.2.If an air transporter appointed by a competent authority of foreign country that meets the requirements of this Law and the Civil Aviation Rules, the air transporter certificate of Mongolia may be issued to it.

18.3.It shall be prohibited to transfer the air transporter certificate to others.

Article 19.Duties of the air transporter

19.1.Air transporters operating in Mongolia shall have the following duties:

19.1.1.to perform flight operations within the scope of the air transporter certificate and the rights and restrictions specified therein;

19.1.2.to develop and follow instructions and procedures that meet the requirements of flight operations and airworthiness;

19.1.3.to provide services in compliance with the public interest.

Article 20.Civil aircraft crew

20.1.The crew of a civil aircraft shall consist of a pilot and other crew members.

20.2.Other than the pilot, the staff involved in flight-related activities during the flight belong to the other members of the aircraft crew.

20.3.The crew of Mongolian civil aircraft may include foreign nationals.

Article 21.Pilot in command of the aircraft and his/her powers

21.1.In order to ensure the safety of the flight, the air transporter shall appoint a pilot who is qualified to perform that type of flight as the pilot in command of the aircraft.

21.2.In order to ensure flight safety and protect human life, health, and property, the pilot in command of the aircraft shall make demands the crew members and passengers of the aircraft and ensure their fulfillment, and shall make the final decision regarding the flight.

21.3.The pilot in command of the aircraft shall have a right to make decisions other than those specified in the Civil Aviation Rules in the following special circumstances:

21.3.1.if there is danger to human life, health and property;

21.3.2.if it was necessary to manage the conditions where the flight could not continue normally.

21.4.In case of an obvious threat to flight safety, the pilot in command of the aircraft may make decisions other than those given by the flight plan and the air traffic controller in order to save the aircraft and lives of people in its cabin.

21.5.In the event that the pilot in command of an aircraft conducting a flight in the airspace of a foreign country is forced to be detained, he/she shall be obliged to comply with the demands set by the competent authorities of that country.

Article 22.Regime during the flight

22.1.The passenger shall be obliged to follow the instructions given by the aircraft crew members throughout the flight.

22.2.Passengers who commit or attempt to commit an act that may adversely affect the safety of the flight, an aircraft crew member shall make demands and take measures to ensure safety.

22.3.The procedure on measures to be taken to the passengers who violated the regime during the flight shall be approved jointly by the Cabinet members in charge of civil aviation and legal matters.

22.4.An air transporter may refuse to transport a passenger who may pose a risk to the safety of the flight, who violated the regime, or who has violated the regimes before.

Article 23.Prohibitions in flight operations

23.1.The following items shall be prohibited in flight operations:

23.1.1.to use of aircraft and its components that do not meet the airworthiness requirements;

23.1.2.to engage in operation without a certificate of airworthiness or violating the rights and restrictions of the certificate;

23.1.3.to engage in flight operation without an air transporter certificate or violating this Law and Civil Aviation Rules;

23.1.4.to use of parts of unknown origin and not in compliance with the manufacturer's technical specifications in the aircraft;

23.1.5.to perform technical service on the aircraft and its components in violation of the rights and restrictions specified in the certificate;

23.1.6.to employ a person who does not have an identification card or certificate of aviation licensed employee in work and services related to aircraft, and to be performed the tasks that exceed the rights specified in the certificate;

23.1.7.to enter persons other than aircraft crew members to the pilot cabin;

23.1.8.to conduct flight by an aircraft crew with an incomplete composition.

Article 24.The aircraft committed a violation

24.1.An aircraft that violates the procedures on conducting a flight in the airspace of Mongolia and entering through the entry and exit points of the state border, and that enters the state border without the appropriate permission of the competent authority, shall be considered to have committed a violation.

24.2.The air navigation service organization shall notify the competent authorities for ensuring the airspace safety of Mongolia in regards with the aircraft specified in paragraph 24.1 of this Law, and make a demand from the aircraft crew to immediately stop the violation and land the aircraft at the designated place.

Article 25.Aircraft in distress

25.1.The air navigation service organization shall immediately notify the relevant authorities in regards with the aircraft in distress in the territory and airspace of Mongolia in accordance with the appropriate procedure.

25.2.The state special commission shall carry out search and rescue activities for aircraft in distress in cooperation with the competent authorities of the country of operator of activities through the respective aircraft or registration of the aircraft.

25.3.Individuals and legal entities shall be obliged to immediately inform the relevant authorities in regards with the aircraft in distress, to protect human life, health and property, and to provide medical and other necessary assistance.

Interpretation: "Aircraft in distress" referred to in paragraph 25.1 of this Law shall be understood as defined in sub-paragraph 4.1.1 of the Law on State Aviation.

Article 26.Air transport insurance

26.1.The air transporter shall be insured with liability insurance for compensating the damages occurred to passenger's life, health, cargo, baggage, mail, and property.

26.2.The air transporter shall insure the life and health of the crew members of the aircraft performing their official duties.

26.3.The aircraft conducting the flight in the airspace of Mongolia shall be insured with insurance guaranteeing to be responsible for damages to be occurred to third parties.

26.4.The procedure for determining risks, conditions, assessment, and premium amount of the insurances specified in paragraphs 26.1, 26.2, and 26.3 of this Law, regulating and controlling the insurance activities shall be approved by Cabinet member in charge of civil aviation matters in cooperation with the Financial Regulatory Commission.

CHAPTER FIVE

AIR NAVIGATION SERVICES

Article 27.Air navigation service organization

27.1.Air navigation services in the airspace of Mongolia shall be provided by a state-owned legal entity certified under the Civil Aviation Rules /hereinafter referred to as "air navigation service organization"/.

27.2.The air navigation service organization shall implement air traffic management and regulation aimed at safe and efficient management and organization of air traffic.

27.3.The air navigation service organization shall have human resources capable of carrying out the activities specified in paragraph 27.2 of this Law.

Article 28.Regulation of flight traffic

28.1.The aircraft shall enter and conduct flight through the entry and exit points of the air border of Mongolia.

28.2.Airspace classification, structure, organization, and safety distance between aircrafts shall comply with the requirements of standards in the Annexes to the Convention.

28.3.Air traffic services shall be provided in controlled airspace by using air navigation facilities and equipment that meet the requirements of the standard in the Annexes to the Convention.

Article 29.Financing of air navigation activities

29.1.Air navigation activities shall be financed by the revenue of air navigation service fees.

29.2.In the event that the revenue from air navigation service fees is not sufficient to provide safe and continuous air navigation services and meet the basic level of the standards of the Annexes to the Convention, it shall be financed from the state budget to the extent necessary for normal operation.

CHAPTER SIX

AERODROME AND AIRPORT

Article 30.Aerodrome

30.1.Citizens and legal entities of Mongolia may establish an aerodrome in accordance with the Civil Aviation Rules.

30.2.Certificates shall be issued in accordance with the Civil Aviation Rules for aerodromes to be used regularly for air transport operations.

30.3.The operator of a public aerodrome shall be prohibited from refusing to provide services to aircraft except when it is necessary to ensure the safety of the flight.

30.4.The operator of the aerodrome shall be responsible for equipping the aerodrome with equipment that meets the basic standards of the Annex to the Convention and is suitable for its operation.

Article 31.Airport

31.1.The airport may provide aerodrome, aviation supplies, ground services and other aviation and non-aviation services for international and local flights.

31.2.The holder of the aerodrome certificate shall plan the development plan of the airport in consultation with the local administrative organization of the respective city, aimag, or soum.

Article 32.Aerodrome safety zone

32.1.The safety zone of the aerodrome shall be determined by the respective governor of the aimag or the Capital city according to the technical and technological documents of the aerodrome.

32.2.Restrictions on production, services, buildings and facilities that may affect the safety of flights to be operated in the safety zone of the aerodrome shall be regulated in accordance with the technical and technological documents of the aerodrome.

Article 33.Signals and signs

33.1.The operator of the aerodrome shall place and use signs, markings, symbols, and light signal systems for aircraft orientation during take-off, landing, and walking in the aerodrome and its surroundings in accordance with the technical and technological documents of the aerodrome.

33.2.Owners and possessors of buildings and facilities in the safety zone of the aerodrome shall place obstacle signals, signs, markings and symbols necessary to ensure flight safety in accordance with the technical and technological documents of the aerodrome.

33.3.It shall be prohibited to place signals, signs, markings, or symbols similar to those with purposes of aircraft orientation in the safety zone of the aerodrome.

CHAPTER SEVEN

AVIATION SECURITY PROTECTION

Article 34.Aviation security protection service

34.1.Aviation security protection service shall consist of security examinations, inspections, and security services at airports and air navigation facilities.

34.2.Aviation security protection services shall be provided by a legal entity certified in accordance with the Civil Aviation Rules /hereinafter referred to as "aviation security protection service organization"/.

34.3.Aviation security protection services at international airports shall be performed by a state-owned legal entity certified in accordance with the Civil Aviation Rules.

34.4.The aviation security protection service organization shall have a right to temporarily detain a person who violates legislation in connection with the security protection and Civil Aviation Rules for the purpose of transferring him/her to the competent authorities.

34.5.The aviation security protection service organization shall confiscate the unauthorized items found during examination and inspection.

Article 35.Security examination and inspection

35.1.The aviation security protection service organization shall perform the following examinations and inspections:

35.1.1.on the aircraft crew members, passengers, other persons to be entered, baggage, cargo, mail, flight food and supplies in the security protection zone of airports and aerodromes that require security protection;

35.1.2.on the individuals, their belongings, and vehicles at the security protection zones and/or before entering the security protection zones.

35.2.A person who refuses to undergo a security examination and/or inspection shall not be allowed to enter the aviation security protection zone.

CHAPTER EIGHT

CIVIL AVIATION SECURITY OVERSIGHT

Article 36.Control of civil aviation

36.1.Civil aviation control shall consist of controls of flight safety and civil aviation services.

36.2.Flight safety control shall have the following directions:

36.2.1.ID card and certificate of aviation certified employee;

36.2.2.standards of flight operations;

36.2.3.airworthiness of aircraft.

36.3.Control of civil aviation services shall have the following directions:

36.3.1.air navigation service;

36.3.2.airport and aerodrome services;

36.3.3.security protection services.

Article 37.Supervisory inspector of civil aviation

37.1.The control specified in Article 36 of this Law shall be carried out by the supervisory inspector of civil aviation /hereinafter referred to as "supervisory inspector"/.

37.2.The supervisory inspector shall have at least five years of experience in field of the profession to set the respective supervision, have a higher education, and have appropriate knowledge and skills in the international legal regulation of civil aviation.

37.3.The supervisory inspector shall be fully responsible for the accuracy of his/her claims, evidence, decisions and conclusions.

Article 38.Powers of civil aviation supervisory inspectors

38.1.In addition to the general powers specified in the Law on State Inspection and Monitoring and the Law on Violation Resolving Procedure, the supervisory inspector shall have the following powers:

38.1.1.unobstructed access to objects and buildings important for civil aviation activities for the purpose of inspection and monitoring;

38.1.2.to demand copies of documents related to civil aviation operations;

38.1.3.to detain aircraft if necessary;

38.1.4.if necessary, to temporarily confiscate civil aviation documents of the relevant person;

38.1.5.other powers stipulated by law.

Article 39.Working conditions and guarantees of supervisory inspectors

39.1.The salary amount of a supervisory inspector shall be determined not less than the salary of other equivalent positions in the civil aviation sector.

39.2.The supervisory inspector shall have an identity card clearly indicating his/her rights.

39.3.Supervisory inspectors shall be provided with uniforms, equipment and vehicles necessary for inspection and monitoring.

CHAPTER NINE

ANALYSIS AND INVESTIGATION OF AIRCRAFT ACCIDENTS AND VIOLATIONS

Article 40.Analysis and investigation of aircraft accidents and violations

40.1.The aircraft owner, possessor, civil aviation operator, aircraft crew member, and an employee of the aerodrome and air navigation service organization shall be obliged to submit primary and detailed information in regards with aircraft accidents and violations to the aircraft accident and violation analysis and investigation organization in accordance with the relevant rules.

40.2.Upon receipt of the information in regards with the accident or violation by the aircraft accident and violation investigation organization, it shall immediately start the investigation process.

40.3.The aircraft owner, possessor, and other related persons shall keep and protect the material documents related to the aircraft involved in the accident or violation until the analysis and inspection process is completed.

40.4.Citizens, local administrative organizations, emergency and police organizations shall be obliged to provide timely assistance in carrying out the activities by the analysis and investigation organization in the event of an aircraft accident or violation occurred in the territory of Mongolia.

Article 41.Principles of investigation of aircraft accidents and violations

41.1.The purpose of analyzing and investigating aircraft accidents and violations shall be to prevent accidents and violations, and It shall not have a purpose to determine the guilt of any person.

41.2.Analysis and investigation of aircraft accidents and violations shall be independent and impartial.

41.3.If necessary, the state central administrative body in charge of civil aviation matters may partially or completely transfer the analysis and investigation to the aircraft registry country, air transporter certification country, aircraft manufacturer country, and regional aircraft accident and violation analysis and investigation organization.

Article 42.Organization for analyzing and investigating aircraft accidents and violations

42.1.Aircraft accidents and violations occurring in the territory of Mongolia shall be analyzed, investigated, classified, and registered in accordance with Annex 13 to the Convention by the organization for analyzing and investigating aircraft accidents and violations.

42.2.When an aircraft registered in Mongolia suffers an accident or a serious violation outside the country's territory, the analysis and investigation shall be carried out in accordance with international treaties, and an aircraft accident and violation analysis and investigation organization may participate on behalf of Mongolia.

42.3.The organization analyzing and investigating aircraft accidents and violations shall collect and analyze information related to accidents and violations, and issue a report on the causes and influencing factors.

42.4.It shall be prohibited to allow an aircraft accident and violation investigator to participate as a witness in administrative, civil, or criminal proceedings or court adjudication proceedings in order to establish the guilt of any person in connection with the performance of their official duties.

42.5.The analysis and investigation activities specified in this Law shall not apply to the activities provided for in sub-paragraph 4.1.1 of the Law on Forensic Analysis.

42.6.The analysis and investigation team shall be provided with protective clothing, tools, equipment, and means of communication and transportation necessary for working at the scene of an accident or violation.

Article 43.General Analyst and Investigator, and his/her powers

43.1.The organization for analyzing and investigating aircraft accidents and violations shall be managed by the General Analyst and Investigator.

43.2.The General Analyst and Investigator shall be a citizen of Mongolia who is specialized in the respective field of analysis and investigation and has adequate knowledge of relevant laws, Civil Aviation Rules and Instructions, and international legal regulation of civil aviation.

43.3.The General Analyst and Investigator shall be appointed for a period of 6 years.

43.4.The General Analyst and Investigator shall exercise the following powers:

43.4.1.to appoint and release employees, analyst and investigators of the organization for analyzing and investigating aircraft accidents and violations;

43.4.2.to appoint the team leader and members to analyze and investigate aircraft accidents and violations;

43.4.3.to organize the activities on the analysis and investigation of aircraft accidents and violations;

43.4.4.to present the issue of securing the accident site to the competent authority for resolution;

43.4.5.to approve the report of analysis and investigation;

43.4.6.to manage the budget of the organization for analyzing and investigating aircraft accidents and violations in accordance with legislation;

43.4.7.to approve internal operational instructions and procedures for the analysis and investigation.

Article 44.Analyst and Investigator and his/her powers

44.1.The Analyst and Investigator shall be a pilot with an identification card of the air transportation pilot, an air navigation or aircraft engineer, or another aviation professional specialized in the field of analysis and investigation.

44.2.The Analyst and Investigator shall exercise the following powers:

44.2.1.while performing official duties, to have unimpeded access to buildings and facilities related to aircraft accidents and violations, and to obtain relevant evidence;

44.2.2.to demand information, research, description and other evidence from relevant individuals and legal entities necessary for conducting analysis and investigation;

44.2.3.other rights granted by the General Analyst and Investigator.

Article 45.Leader of the analysis and investigation team and his/her powers

45.1.The leader of the analysis and investigation team shall exercise the following powers:

45.1.1.to have unhindered access to the place where the aircraft accident or violation took place, to establish control over the remnants of the accident and all kinds of items related to the analysis and investigation;

45.1.2.to take control of flight recording equipment, air navigation service records and other evidence related to the respective flight operation;

45.1.3.to take all possible measures to protect physical evidence during the analysis and investigation, to prevent unauthorized access to the area where the aircraft and its remains are located, and to protect items from damage or loss;

45.1.4.to present the issue of protecting the accident site to the competent authorities for resolution;

45.1.5.to appoint observers and participants necessary to perform the analysis and investigation;

45.1.6.to present the process of the analysis and investigation to the General Analyst and Investigator, organize the tasks on issuing safety recommendations based on the possible causes of the accident and the factors that may have contributed to it;

45.1.7.to take down the protection of the accident site and release from storage the aircraft, its components and items that are not needed for further analysis and inspection;

45.1.8.to issue a report on analysis and investigation activities;

45.1.9.others prescribed by law.

Article 46.Analysis and Investigation report

46.1.Before issuing the report, the organization analyzing and investigating the aircraft accident and violation shall submit the draft report to relevant organizations, participating countries and competent authorities, and receive their opinions.

46.2.The organization analyzing and investigating aircraft accidents and violations shall prepare a report in the shortest possible time, submit it to the General Analyst and Investigator for approval, and disclose the approved report publicly.

46.3.Aircraft accident and violation analysis and investigation reports and safety recommendations shall not be used as evidence in determination of any person's guilt, case adjudicating proceedings, or sentencing proceedings.

Article 47.Safety recommendations

47.1.The organization analyzing and investigating aircraft accidents and violations may issue safety recommendations at any stage of the analysis and investigation.

47.2.The safety recommendation shall be submitted to the aircraft manufacturer, the state administrative body in charge of civil aviation matters, the air transporter and other relevant organizations, and, if necessary, to the International Civil Aviation Organization.

47.3.The person who received the safety recommendation shall take the necessary measures according to the recommendation and report back within 90 days, and if it cannot be taken the measures, a reasonable explanation shall be provided.

47.4.If the person referred to in paragraph 47.3 of this Law has a real ground to partially or completely reject the safety recommendation, he/she shall immediately submit the explanation to the organization analyzing and investigating aircraft accidents and violations.

Article 48.Resumption of the analysis and investigation proceedings

48.1.After the final report of the aircraft accident and violation analysis and investigation is issued, if new facts and circumstances are discovered that may change the conclusion of the report, the organization analyzing and investigating aircraft accidents and violations shall resume the analysis and investigation proceedings.

CHAPTER TEN

MISCELLANEOUS

Article 49.Operational financing

49.1.The control and regulation of civil aviation, the economic regulation of air transport, the analysis and investigation of aircraft accidents and violations shall have the financial capacity to ensure the implementation of international treaties.

Article 50.Language to be used in civil aviation

50.1.Technical and technological documents used in civil aviation can be used in Mongolian and English.

50.2.Flight traffic services may be provided in English.

Article 51.Liabilities to be imposed on the violators of the Law

51.1.If the act of an official who violates this Law does not constitute the criminal nature, he/she shall be held liable as provided in the Law on Civil Service and related laws.

51.2.Depending on the nature of the act, a person or legal entity who violates this Law shall be held liable according to the Criminal Code and/or the Law on Violations.

Article 52.Entry into force of the Law

52.1.This Law shall enter into force on January 1, 2024.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA      ZANDANSHATAR.G