LAW OF MONGOLIA

July 07, 2023      ​​​​​​​  ​​​​​​​ ON CIVIL AVIATION   ​​​​​​​    ​​​​​​​  ​​​​​​​Ulaanbaatar city

/Revised edition/

CHAPTER ONE
GENERAL PROVISIONS

Article 1. Purpose of the Law

1.1.      The purpose of this Law shall be to regulate relations in connection with conducting flight operation by civil aircraft in the territory and airspace of Mongolia and ensuring the aviation safety.

Article 2. Civil aviation legislation

2.1.      The civil aviation legislation shall consist of the Constitution of Mongolia, this Law, and other legislative acts adopted in conformity them.

2.2.      If an international treaty, to which Mongolia is a party, stipulates otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3. Scope of the application of the Law

3.1.       This Law shall regulate the following relations:

3.1.1.        civil aviation activities of Mongolia;

3.1.2.      operations of civil aircraft located within the territory of Mongolia and those conducting flights within airspace of Mongolia;

3.1.3.      operations of aircraft registered in Mongolia and aircraft operated by Mongolian air operators that are located within the territory of a foreign state, unless otherwise provided by the law of that state.

3.1.4.      provision of air traffic control to the state aircraft except combat mission flight flying in the Mongolian airspace.

Article 4. Principles to be adhered to in civil aviation operation

4.1.       The following principles shall be adhered to in the civil aviation operation:

4.1.1.        safe;

4.1.2.        efficient;

4.1.3.        accessible.

Article 5. Definitions of terms of the Law

5.1.       The following terms used in this Law shall have following meanings:

5.1.1.      "air navigation facility" shall mean buildings, facilities, and equipment being used in air navigation services;

5.1.2.      "air navigation service" shall mean complex activities to transfer information in connection with the air traffic management, communications, navigations, surveillance, aeronautical
information, aviation meteorological services, and search and rescue operations providing during all phases of flight in airspace;

5.1.3.    "air operator" shall mean a legal entity that holds an air operator's certificate issued under the Civil Aviation rules;

5.1.4.    "aircraft" shall mean any device that can stay and move in the air by its own interaction with the air and not by the influence of the upward flow of the air; Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface.

5.1.5.    "safety recommendation" shall mean a document issued by authority that investigates the aircraft accident and incident with the purpose of preventing an aircraft accident based on result of the analysis, or research and other sources of safety conditions;

5.1.6.    "security inspection" shall mean inspection made by technical and other means intended to detect weapons, explosives, other dangerous devices, articles and substances that may be used to commit acts of unlawful interference;

5.1.7.    "aerodrome" shall mean defined area on land or water surface equipped for aircraft parking, take-off, landing and taxing;

5.1.8.    "incident" shall mean occurrence with risks other than an accident affecting or may affect the safety of the aircraft;

5.1.9.    "civil aviation rules" shall mean aviation safety regulatory documents issued in compliance with this Law in order to ensure the basic level of standards specified in the Annexes to the Convention on International Civil Aviation (hereinafter referred to as "the Convention");

5.1.10.      "civil aviation operation" shall mean the set of operations associated with the operation

of civil aircraft;

5.1.11.      "airspace of Mongolia" shall mean the space of the atmosphere above the territory of

Mongolia;

5.1.12.    "flight" shall mean the operation of the aircraft from the moment at which the aircraft first moves to take-off, fly, lands and until the moment at which it comes to a complete stop;

5.1.13.    "flight safety" shall mean performing a flight operations and other activities directly supporting such operations in a manner that does not endanger human life, health, or property;

5.1.14.    "airworthiness" shall mean the compliance of an aircraft, its parts thereof which are applied to them for the purposes of flight safety requirements;

5.1.15.    "airport" shall mean complex buildings and facilities of aerodromes and air transportation services;

5.1.16.    "aviation safety" shall mean the system to retain risks associated with aviation activities, related to, or in direct support of the operation of aircraft, are reduced and controlled to an acceptable level;

5.1.17.    "aviation security" shall mean the set of measures and activities to protect the civil aviation against unlawful interference;

5.1.18.    "aviation certified personnel" shall mean a holder of the license and certificate issued in accordance with Civil Aviation Rules;

5.1.19.      "accidents" shall have the meaning as defined in Annex 13 to the Convention;

5.1.20.    "investigation" shall mean a process of gathering and analysis of information, making conclusions including the determination causes and contributing factors, and issuing the safety recommendations for the purpose of the accident or incident prevention.

CHAPTER TWO

POWERS OF THE STATE AUTHORITIES ON CIVIL AVIATION

Article 6. Powers of the State Great Khural (hereafter referred to as "Parlament")

6.1.       The Parlament shall exercise the following powers in relation to civil aviation:

6.1.1.        to establish state policies towards the civil aviation development;

6.1.2.      to decide the matters of ratification or denunciation of the international aviation agreements by Mongolia;

6.1.3.        others stated in the law.

Article 7. Powers of the Government

7.1.       The Government shall exercise the following powers in relation to civil aviation:

7.1.1.      to implement the state policies on the development of the civil aviation sector and the civil aviation legislation;

7.1.2.        to enter international air services agreements as specified in legislation;

7.1.3.       to approve the State Safety Program, National Aviation Security Program and Air transport facilitation procedure in compliance with international treaties and legislation;

7.1.4.        to make decisions on the establishment and termination of international airports;

7.1.5.       to appoint and dismiss the Director of the State administrative body in charge of Civil Aviation matters (hereafter referred to as "Director General of Civil Aviation");

7.1.6.        others stated in the law.

Article 8. Powers of the State central administrative body in charge of Civil Aviation matters

(hereafter referred to as "Ministry")

8.1.       The Ministry shall exercise the following powers:

8.1.1.      to organize the tasks to implement state policies, legislation, and Government decisions on development of the civil aviation sector, and ensure their implementation;

8.1.2.       to develop state policies to be adhered to in the civil aviation sector;

8.1.3.       to be ensured safety of civil aviation;

8.1.4.       to approve the Civil aviation rules;

8.1.5.       to implement and oversight the economic regulation of civil aviation;

8.1.6.       to appoint the air carriers for conducting the international scheduled flights;

8.1.7.       to determine the aircraft entry/exit points through air border of Mongolia in consultation with state central administrative body in charge of defense matters;

8.1.8.       to approve the aircraft accident and incident investigation regulations;

8.1.9.      to approve the organizational structure of the State administrative body in charge of civil aviation matters (hereafter referred to as "Civil Aviation Authority") and the Aircraft accident and incident investigation authority;

8.1.10.       to appoint and dismiss the Director and Chief Investigator of the Aircraft accident and incident investigation authority;

8.1.11.       to perform the aircraft accident and incident investigation in cooperation with the competent authorities of foreign countries or to decide the delegation of investigation tasks partially or fully to such authorities;

8.1.12.       to set the air navigation fee and a service fee amount for issuing a certificate in accordance with Civil aviation rules;

8.1.13.      to grant authority to the State Inspector General for civil aviation oversight and Civil aviation safety inspector;

8.1.14.       others stated in the law.

Article 9. The Civil Aviation Authority and its functions

9.1.     The Civil Aviation Authority shall be the Government regulatory agency responsible for implementing oversight and regulation of civil aviation safety and security.

9.2.       The Civil Aviation Authority shall exercise the following powers:

9.2.1.     to develop Civil aviation rules pursuant to Annexes to the Convention, have them approved and registered by the competent authorities, and oversight their implementation;

9.2.2.     to cooperate and exchange information with the civil aviation organizations of Contracting States to the Convention;

9.2.3.     to report the differences between the standards specified in the Civil Aviation Rules and the Annexes to the Convention to the International Civil Aviation Organization;

9.2.4.     to maintain a database related to civil aviation safety and security, and exchange information with relevant organizations;

9.2.5.     to issue authorizations for civil aviation operations, certificates for aircraft and their components, and licenses, certificates or ratings for certified aviation personnel.

9.3.     The Civil Aviation Authority must have the necessary human and financial resources to continuously and effectively oversight and regulate the civil aviation safety and security.

Article 10. The Director General of civil aviation and his/her powers

10.1.      The Director General and the State Inspector General for civil aviation oversight (hereinafter referred to as "Director") shall have a higher professional education in civil aviation and meet the qualification requirements for civil aviation safety inspectors.

10.2.      The Director shall exercise the following powers in addition to the common powers specified in the Law on the Legal Status of Government Agencies:

10.2.1.       to be responsible for the safety of civil aviation;

10.2.2.       to appoint and dismiss the civil aviation safety inspectors;

10.2.3.      to approve interpretation of civil aviation rules, application forms, registration books, technical and technological documents, and to make amendments thereto;

10.2.4.      to take measures to prevent aircraft accident and incident based on safety recommendations;

10.2.5.     where circumstances arise that may affect flight safety but are not addressed by the Civil Aviation Rules, to issue a time-bound binding instrument and duly notify the relevant entity;

10.2.6.      to terminate the flight of an aircraft that has lost its airworthiness, suspend or revoke the authorization;

10.2.7.      to take measures to suspend a flight in the event of circumstances that may endanger human life, health, or property;

10.2.8.      to impose liability on inpiduals or legal entities and, in accordance with the law and enforceable rule, to take measures to suspend or revoke authorizations;

10.2.9.       to approve the list of security-designated airports and air navigation facilities;

10.2.10.       to exempt from the requirements of the Civil Aviation Rules as specified in them;

10.2.11.       others stated in the law.

Article 11. Delegation of powers

11.1.      The Director may, by contract, fully or partially delegate his/her power to conduct oversight functions on civil aviation safety and security to civil aviation safety inspectors and certified aviation personnel.

11.2.      Delegating his/her powers specified in paragraph 11.1 of this Law shall not exempt the Director from responsibility.

11.3.      The procedure for delegating the powers specified in paragraph 11.1 of this Law shall be approved by the Cabinet member in charge of civil aviation matters (hereafter referred to as "Minister") in accordance with international treaties and relevant legislation of Mongolia.

CHAPTER THREE
CIVIL AVIATION REGULATION

Article 12. Regulation of the of Civil Aviation Rules

12.1.      The following operations shall be regulated by the Civil Aviation Rules in pursuant to the Annexes to the Convention:

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, certify aircraft, products, and components, issuance of airworthiness directives, and maintenance;

12.1.3.       to issue a personnel license, rating and medical certificate;

12.1.4.       to conduct flight operations for the purpose of general aviation;

12.1.5.       to enforce the civil aviation rules and to grant exemptions from the requirements of

the rules;

12.1.6.       to report accident and incident;

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.        certification of the operator of unmanned aircraft;

12.1.11.        air operator's security program;

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

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

12.1.14.      certification of operators carrying external load by helicopter, performing aerial work and adventure aviation activities;

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

12.1.16.        certification of the aviation security service organization;

12.1.17.        certification of aviation training organization;

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

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

12.1.20.      certification of organizations that provide the aeronautical telecommunication services, air traffic services, instrument flight procedure services, aviation meteorological services and aeronautical information services;

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

agreements.

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 carrier to conduct the international scheduled flights;

13.1.2.       to determine the type of civil aviation service's fees and payment amount thereto;

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

13.1.4.       air operator insurance;

13.1.5.       collection and distribution of civil aviation statistics;

13.1.6.       estimation of cost and benefit analysis of the civil aviation sector investment program;

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.       other matters stated in the law.

CHAPTER FOUR

AIRCRAFT AND RELATED OPERATIONS

Article 14. Registration of aircraft and its components

14.1.      The Civil Aviation Authority 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 inpiduals 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.      An aircraft registration certificate shall establish the nationality of the aircraft and shall not constitute proof of ownership.

Article 15. Airworthiness of aircraft

15.1.      Aircraft with a type certificate issued or accepted by the Civil Aviation Authority 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 by conducting the 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 Contracting States 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 operation, aerial work operation, and general aviation operation.

16.2.      The type of commercial air transport operation shall include flights to be carried out for the purpose of transporting passengers, cargo and mail for hire or remuneration.

16.3.     The aerial work operation 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 aviation operation shall include other types of flight except the commercial air transport operation or an aerial work operation.

Article 17. General aviation operations

17.1.     General aviation operation shall include operations conducted with private and recreational aircraft, light and ultralight aircraft, unmanned aircraft, as well as adventure flights with ultralight aircraft and other flights related thereto.

17.2.       The aircraft owner or possessor shall be responsible for the safety of general aviation operation.

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

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

Article 18. Air operator certificate

18.1.      The Civil Aviation Authority shall issue an air operator certificate to legal entities of Mongolia that meet the requirements specified in this Law and relevant civil aviation rules.

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

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

Article 19. Obligations of the air operator

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

19.1.1.      to perform flight operations within the scope of the air operator certificate and the operations specifications specified therein;

19.1.2.      to develop and implement manuals and procedures that meet the requirements for 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.      Personnel other than the pilot, who are involved in flight-related activities during the flight, shall be considered 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 operator 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-in­command 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 imminent threat to flight safety, the pilot-in-command of the aircraft may take a decision other than those given by the flight plan and the air traffic controller in order to safeguard the lives of the aircraft and all persons on board.

21.5.     In the event that the pilot-in-command of an aircraft operating in the airspace of a foreign state is forced to be intercepted, he/she shall be obliged to comply with the requirements imposed by the competent authority of that state.

Article 22. In-flight discipline

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

22.2.     Passenger 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 in-flight discipline shall be approved jointly by the Minister and Cabinet member in charge of legal matters.

22.4.     An air operator may refuse to transport a passenger who may pose a risk to the safety of the flight, who violated the discipline, or who has violated the disciplines 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 an airworthiness certificate or violating the privileges and limitations of the certificate;

23.1.3.      to engage in flight operation without an air operator 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 maintenance work on the aircraft and its components in violation of the permission and limitations specified in the certificate;

23.1.6.      to employ a person who does not have a license 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 give an access to persons other than aircraft crew members to the cockpit;

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 emergency commission shall conduct search and rescue operations for aircraft in distress in cooperation with the operator of the aircraft or the competent authority of the state of registry.

25.3.     Inpiduals and legal entities shall be obliged to immediately report 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 operator 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 operator 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 Minister 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 air 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 safe separation 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 develop the aerodrome development plan in consultation with the local administrative authorities of the respective city, province, or district.

Article 32. Aerodrome safety zone

32.1.     The safety zone of the aerodrome shall be determined by the respective governor of the province 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 taxiing 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

Article 34. Aviation security service

34.1.      Aviation security service shall consist of security screening and search, and security services at airports and air navigation facilities.

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

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

34.5.      The aviation security service organization shall confiscate the unauthorized items found during screening and search.

Article 35. Security screening and search

35.1.       The aviation security service organization shall perform the following screening and search:

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

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

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

CHAPTER EIGHT

CIVIL AVIATION SAFETY OVERSIGHT Article 36. Civil aviation oversight

36.1.       Civil aviation oversight shall consist of oversights of flight safety and civil aviation services.

36.2.       Flight safety oversight shall have the following directions:

36.2.1.        license and certificate of aviation certified personnel;

36.2.2.        standards of flight operations;

36.2.3.        airworthiness of aircraft.

36.3.       Oversight 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 services.

Article 37. Civil aviation safety inspector

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

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

Article 38. Powers of civil aviation safety inspectors

38.1.      In addition to the general powers provided under the Law on State Supervision and Inspection and the Law on Infringement Proceedings, the Safety Inspector shall have the following powers:

38.1.1.      to have unrestricted access to civil aviation related assets for the purpose of conducting inspection and oversight;

38.1.2.       to have the authority to require and obtain copies of documents related to civil aviation

operations;

38.1.3.       to have the authority, when necessary for safety reasons, to detain an aircraft in order to prevent it from flying;

38.1.4.       if necessary, to temporarily seize the civil aviation documents of the relevant entity;

38.1.5.       other powers stated in the law.

Article 39. Working conditions and guarantees of safety inspectors

39.1.      The remuneration of civil aviation inspectors shall be set at a level not lower than that of equivalent positions within the civil aviation sector.

39.2.       Safety inspector shall hold credentials clearly specifying his or her powers.

39.3.      Safety inspector shall be provided with uniforms, equipment, and means of transport necessary for the performance of their inspection and oversight duties.

CHAPTER NINE

AIRCRAFT ACCIDENTS AND INCIDENTS INVESTIGATION

Article 40. Investigation of aircraft accidents and incidents

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 incidents to the Aircraft accident and incidents investigation authority in accordance with the relevant rules.

40.2.      Upon receipt of the information in regards with the accident or incident by the aircraft accident and incidents investigation authority, 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 incidents until the investigation 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 investigation authority in the event of an aircraft accident or incidents occurred in the territory of Mongolia.

Article 41. Principles of investigation of aircraft accidents and incidents

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

41.2.       Investigation of aircraft accidents and incidents shall be independent and impartial.

41.3.      If necessary, the Minister may partially or completely transfer the investigation to the State of Registry of aircraft, State of Operator, State of aircraft manufacture, and regional aircraft accident and incident investigation organization.

Article 42. Authority for investigating aircraft accidents and incidents

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

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

42.3.      The authority investigating aircraft accidents and incidents shall collect and analyze information related to accidents and incidents, and issue a report on the causes and contributing factors.

42.4.      It shall be prohibited to allow an aircraft accident and incidents 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 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 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 incident.

Article 43. Chief Investigator and his/her powers

43.1.      The authority investigating aircraft accidents and incidents shall be managed by the Chief Investigator.

43.2.      The Chief 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 Chief Investigator shall be appointed for a period of 6 years.

43.4.       The Chief Investigator shall exercise the following powers:

43.4.1.      to appoint and release employees, investigators of the authority for investigating aircraft accidents and incidents;

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

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

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

resolution;

43.4.5.        to approve the investigation report;

43.4.6.      to manage the budget of the authority for investigating aircraft accidents and incidents in accordance with legislation;

43.4.7.        to approve internal operational manuals and procedures for the investigation.

Article 44. Investigator and his/her powers

44.1.      The Investigator shall be a pilot with an Air transport pilot license, an air navigation or aircraft maintenance engineer, or another aviation professional specialized in the field of investigation.

44.2.       The 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 incidents, and to obtain relevant evidence;

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

44.2.3.        other rights granted by the Chief Investigator.

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

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

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

45.1.6.     to present the process of the investigation to the Chief 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 investigation and inspection;

45.1.8.       to issue a report on investigation activities;

45.1.9.       other powers stated in the law.

Article 46. Investigation report

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

46.2.     The authority investigating aircraft accidents and incidents shall prepare a report in the shortest possible time, submit it to the Chief Investigator for approval, and disclose the approved report publicly.

46.3.     Aircraft accident and incident 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 authority investigating aircraft accidents and incidents may issue safety recommendations at any stage of the investigation.

47.2.     The safety recommendation shall be submitted to the aircraft manufacturer, the Civil Aviation Authority, the air operator 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 authority investigating aircraft accidents and incidents.

Article 48. Resumption of the investigation proceedings

48.1.     After the final report of the aircraft accident and incident investigation is issued, if new facts and circumstances are discovered that may change the conclusion of the report, the authority investigating aircraft accidents and incidents shall resume the investigation proceedings.

CHAPTER TEN
MISCELLANEOUS

Article 49. Operational financing

49.1.      The oversight and regulation of civil aviation, the economic regulation of air transport, the investigation of aircraft accidents and incidents shall have sufficient 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.       Air 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 Law 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, 2025.

/This provision was amended by the Law of 17 January 2024/

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