AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE FOR AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES, DONE AT KIGALI, ON 10TH MARCH 2017
This article ratifies the air services agreement and says it is fully effective. It also defines key terms and sets rules on safety checks, user charges, and consultations.
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Citation provenance: source:rw:amategeko · schema StatuteEnrichmentPublicV1.
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This article ratifies the air services agreement and says it is fully effective. It also defines key terms and sets rules on safety checks, user charges, and consultations. The Prime Minister, the Minister of Infrastructure, the Minister of Foreign Affairs and International Cooperation, and the Minister of Finance and Economic Planning must implement this Order. This Order takes effect on the date it is published in the Official Gazette of the Republic of Rwanda. The Aeronautical Authority may revoke, suspend, or add conditions to an airline’s operating authorization when listed compliance, safety, ownership, or decision-related problems arise. Contracting Parties must let designated airlines compete freely and avoid discriminatory or anti-competitive limits on agreed air services.
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Provisions of AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE FOR AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES, DONE AT KIGALI, ON 10TH MARCH 2017
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Kwemeza burundu
AI-assisted research summary: This article ratifies the air services agreement and says it is fully effective. It also defines key terms and sets rules on safety checks, user charges, and consultations.
Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier: Ratification Ingingo ya mbere: Kwemezwa burundu Article One: Ratification Article premier: Ratification Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Repubulika Iharanira Demokarasi ya São Tomé na Principe ajyanye no gutwara abantu n’ibintu mu kirere mu ifasi yazo no hanze yayo, yakorewe i Kigali, ku wa 10 Werurwe 2017, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. The Agreement between the Government of the Republic of Rwanda and the Government of the Democratic Republic of São Tomé and Príncipe for Air Services between and beyond their respective territories, done at Kigali, on 10th March 2017, annexed to this Order, is ratified and becomes fully effective. L’Accord entre le Gouvernement de la République du Rwanda et le Gouvernement de la République Démocratique de São Tomé- et-Príncipe pour les services aériens entre leurs territoires respectifs et au-delà, fait à Kigali au Rwanda, le 10 mars 2017, annexé au présent arrêté, est ratifié et sort son plein et entier effet. ARTICLE I-DEFINITIONS ARTICLE 1 . DEFINITIONS 1. a) b) c) d) e) f) s) For the purpose of this Agreement, unless the context otheMise requires, the term: ,Aeronautical Authority" means in the case of the Government of Republic of Rwanda, the Civil Aviation Authority of Rwanda and in the case of the Democratic Republic of fu Tom6 and Principe, the civil Aviation Authority of sao Tome and Principe or in either case any person or body authorized to perform any function to which this Agreement relates; ,,Agreed Services" means scheduled lnternational Air Services between and beyond thJ respective territories of Democratic Republic of fu Tom6 and Principe and the Republic of Rwanda for the transport of passengers, baggage and cargo, separately or in any combination; ,,Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendment to the Agreement or to the Annex; "Air Service", "Airline", "lnternational Air Service" and "stop for non-traffic purposes" have the meanings respectively assigned to them in Article 96 of the convention; 'Annex" shall include the route schedule annexed to the Agreement and any clauses or notes appearing in such Annex and any modification made thereto in accordance with the provisions of Article 20 of this Agreement; "Cargo" includes mail; "con'vention" means the convention on lnternational civil Aviation, opened for signature at chicago on the seventh day of December 1944, and includes: (i) any l), ( Official Gazette n° Special of 12/02/20201241 amendment thereto which has entered into force under Article 94(a) of the Convention and has been ratified by both Contracting Parties; and (ii) any annex or amendment adopted thereto under Article 90 of that Convention, insofar as such annex or amendment is at any given time effective for both Contracting Parties; "Designated Airlines" means an airline or airlines that have been designated and authorized in accordance with Article 3 of this Agreement; "Tariffs" means the prices to be charged for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, but excluding remuneration and conditions for carriage of mail; "Territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention; 'User Charges" means charges made to airlines by the competent authorities or permitted btthem to be made for the provision of airport facilities, property and/or of air navigation facilities, including related services and facilities for aircraft, their crews, passengers, baggage and cargo; The Annex to this Agreement is considered an integral part thereof. ln implementing this Agreement, the Contracting Parties shall act in conformity with the provisions of the Convention insofar as those provisions are applicable to lnternational Air Services. ARTICLE IO - AVIATION SAFEW Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within 30 days of that request. lf, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notiry the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Pa(y to take appropriate action within 15 days or such longer period as may be agreed, shall be grounds for the application of Article 4(1) of this Agreement. It is agreed that any aircraft operated by an airline of one Contracting Party on services to or from the Territory of the other Contracting Party may, while within the Territory of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called "ramp inspection"), provided this does not lead to unreasonable delay. 4. lf any such ramp inspection or series of ramp inspections gives rise to: a) Serious concerns that an aircraft or the operation of an aircraft does not P /, Official Gazette n° Special of 12/02/20201248 comply with the minimum standards established at that time pursuant to the Conventioni or b) Serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention; the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certillcate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid or that the requirements under which that aircraft is operated are not equal to or above the minimum standards established pursuant to the Convention. ln the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by an airline ofone Contracting Party in accordance with paragraph (3) ofthis Article is denied by a representative of that airline, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph (4) of this Article arise and draw the conclusions referred to in that paragraph. 6. Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation. 7. Any action by one Contracting Party in accordance with paragraphs (2) or (6) of this Article shall be discontinued once the basis for taking that action ceases to exist. ARTICLE 1{ - USER CHARGES Each Contracting Party shall use its best efforts to ensure that the User Charges imposed or permitted to be imposed by its competent charging bodies on the Designated Airlines of the other Contracting Party for the use of airports and other aviation facilities are just and reasonable. These charges shall be based on sound economic principles and shall not be higher than those paid by other airlines for such servic€s. Neither Contracting Party shall give preference, with respect to User Charges, to its own or to any othei airline(s) engaged in similar lnternational Air Services and shall not impose or permit to be imposed, on the Designated Airline(s) of the other Contracting ejrty usei charges higher than those imposed on its own Designated Airline(s) opeiating similar- lnternational Air Services using similar aircraft and associated facilities and services. Each Contracting Party shall encourage consultations between its competent charging bodies and the Designated Airlines using the services and facilities. Reasonable notice 10 4 1. 2. t, Official Gazette n° Special of 12/02/20201249 shall be given whenever possible to such users of any proposal for changes in User Charges together with relevant supporting information and data, to enable them to express their views before the charges are revised. ARTICLE I8 - CONSULTATION ln a spirit of close cooperation, the Aeronautical Authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of and satisfactory compliance with, the provisions of this Agreement and either Contracting Party may at any time request consultations on the implementation, interpreiation, application or amendment of this Agreement. Subject to Articles 4, 10 and 12, such consultations, which may be through discussion or correspondence, shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise agreed by both Contracling Parties. 16 1. 2. 't. 2. r Official Gazette n° Special of 12/02/20201255 1. 2. 4. 5.Referenced legislation
- convention on lnternational civil Aviation (unresolved)
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Abashinzwe gushyira mu
AI-assisted research summary: The Prime Minister, the Minister of Infrastructure, the Minister of Foreign Affairs and International Cooperation, and the Minister of Finance and Economic Planning must implement this Order.
Ingingo ya 2: Abashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2: Autorités chargées de l’exécution du présent arrêté Ingingo ya 2: Abashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2: Autorités chargées de l’exécution du présent arrêté Minisitiri w'Intebe, Minisitiri w’Ibikorwa Remezo, Minisitiri w’Ububanyi n’Amahanga na Minisitiri w’Imari n’Ubutwererane n’Igenamigambi bashinzwe gushyira mu bikorwa iri teka. The Prime Minister, the Minister of Infrastructure, the Minister of Foreign Affairs and International Cooperation and the Minister of Finance and Economic Planning are entrusted with the implementation of this Order. le Ministre des Le Premier Ministre, Infrastructures, le Ministre des Affaires Étrangères et de la Coopération Internationale et la le Ministre des Finances et de Planification Économique sont chargés de l'exécution du présent arrêté. Official Gazette n° Special of 12/02/20201235 ARTICLE 2 - GRANT OF zuGHTS ARTICLE 2 - GRANT OF RIGHTS Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement to enable its Designated Airlines to establish and operate Agreed Services. h) D D k) 2. 3. '1. 2. The Designated Airlines ofeach Contracling Party shall enioy the following rights: a) bi c) to fly across the Territory ofthe other Contracting Party without landing; to niake stops in the Territory of the other Contracting Party for non-traffic purposes, and io make stops in the Territory of the other Contracting Party' for the purpose of taking on and/or discharging international traffic in passengers, baggage and Cargo, separately or in any combination, while operating the Agreed Services. (d) to-make stops in the said territory, at the points specified Jor that route in the Annex to this Agreement, for the purpose of putting down and taking on international traffic in passengers' cargo and mail, separately or in combination carried for compensation and destined for another point in the territory of that other Contracting Party or in the territory of a third state; and any rights otheMise specified in this Agreement J, Additionally, the airline(s) of each Contracting Party, other than those designated 3 r 4 Official Gazette n° Special of 12/02/20201242 4. 5. 6. 1. under Article 3, shall also enjoy the rights specified in paragraph 2(a) and 2(b) of this Article. Nothing in this Article shall be deemed to confer on any Designated Airlines of either Contracting Party the privilege of taking on, in the Territory of the other contracting Party, passengers, baggage and cargo carried for remuneration or hire and destined for another point within the Territory of that other Contracting Party. lf because of armed conflict, political disturbances or developments or special and unusual circumstances a Designated Airline of one contracting Party is unable to operate a service on its normal routing, the other contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangement of routes as is mutually decided by the Contracting Parties. The Designated Airlines shall have the right to use all airways, airports and other facilities provided by the Contracting Parties on a nondiscriminatory basis. - 3 Verify source ↗
Igihe iri teka ritangirira
AI-assisted research summary: This Order takes effect on the date it is published in the Official Gazette of the Republic of Rwanda.
Ingingo ya 3: Igihe iri teka ritangirira gukurikizwa Article 3: Commencement Article 3: Entrée en vigueur Official Gazette n° Special of 12/02/20201233 ITEKA RYA PEREZIDA N° 028/01 RYO KU WA 31/01/2020 RYEMEZA BURUNDU AMASEZERANO HAGATI YA GUVERINOMA YA REPUBULIKA Y’U RWANDA NA GUVERINOMA YA REPUBULIKA IHARANIRA DEMOKARASI YA SÃO TOMÉ NA PRÍNCIPE AJYANYE NO GUTWARA ABANTU N’IBINTU MU KIRERE MU IFASI YAZO NO HANZE YAYO, YAKOREWE I KIGALI, KU WA 10 WERURWE 2017 PRESIDENTIAL ORDER N° 028/01 OF 31/01/2020 RATIFYING THE THE AGREEMENT BETWEEN GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE FOR AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES, DONE AT KIGALI, ON 10TH MARCH 2017 ARRÊTÉ PRÉSIDENTIEL N° 028/01 DU 31/01/2020 RATIFIANT L’ACCORD ENTRE LE GOUVERNEMENT DE LA RÉPUBLIQUE DU RWANDA ET LE GOUVERNEMENT LA RÉPUBLIQUE DÉMOCRATIQUE DE SÃO TOMÉ-ET-PRÍNCIPE POUR LES SERVICES AÉRIENS ENTRE LEURS TERRITOIRES RESPECTIFS ET AU- DELÀ, FAIT À KIGALI, LE 10 MARS 2017 DE Twebwe, KAGAME Paul, Perezida wa Repubulika; We, KAGAME Paul, President of the Republic; Nous, KAGAME Paul, Président de la République; Dushingiye ku Itegeko Nshinga rya Repubulika y’u Rwanda ryo mu 2003 ryavuguruwe mu 2015, cyane cyane mu ngingo zaryo, iya 112, iya 120, iya 122, iya 167, iya 168 n’iya 176; Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015; especially in Articles 112, 120, 122, 167, 168 and 176; Vu la Constitution de la République du Rwanda de 2003 en 2015, spécialement en ses articles 112, 120, 122, 167, 168 et 176; révisée ryemera kwemeza Dushingiye ku Itegeko n° 58/2019 ryo ku wa 25/10/2019 burundu Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Repubulika Iharanira Demokarasi ya São Tomé na Principe ajyanye no gutwara abantu n’ibintu mu kirere mu ifasi yazo no hanze yayo, yakorewe i Kigali mu Rwanda, ku wa 10 Werurwe 2017; Pursuant to Law n° 58/2019 of 25/10/2019. authorizing the ratification of the Agreement between the Government of the Republic of the Rwanda and Democratic Republic of São Tomé and Príncipe for Air Services between and beyond their respective territories, done at Kigali, Rwanda, on 10 March 2017; the Government of le Gouvernement de Vu la Loi n° 58/2019 du 25/10/2019 autorisant la ratification l’Accord entre le Gouvernement de la République du Rwanda la République et Démocratique de São Tomé-et-Príncipe pour les services aériens entre leurs territoires respectifs et au-delà, fait à Kigali au Rwanda, le 10 mars 2017; Tumaze kubona Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma Iharanira Demokarasi ya São Tomé na Principe ajyanye Repubulika ya the Agreement between Considering the Government of the Republic of Rwanda and the Government of the Democratic Republic of São Tomé and Príncipe for Air Services Considérant l’Accord entre le Gouvernement le la République du Rwanda et de Gouvernement République Démocratique de São Tomé-et-Príncipe pour de la Official Gazette n° Special of 12/02/20201234 no gutwara abantu n’ibintu mu kirere mu ifasi yazo no hanze yayo, yakorewe i Kigali, ku wa 10 Werurwe 2017; between respective beyond territories, done at Kigali, on 10th March 2017; their and Bisabwe na Minisitiri w’Ibikorwa Remezo; On proposal by the Minister of Infrastructure; les services aériens entre leurs territoires respectifs et au-delà, fait à Kigali, le 10 mars 2017; proposition Sur Infrastructures; du Ministre des Inama y’Abaminisitiri imaze kubisuzuma no kubyemeza; After consideration and approval by the Cabinet; Après examen et adoption par le Conseil des Ministres; TWATEGETSE KANDI DUTEGETSE: HAVE ORDERED AND ORDER: AVONS ARRÊTÉ ET ARRÊTONS: Ingingo ya 3: Igihe iri teka ritangirira gukurikizwa Article 3: Commencement Article 3: Entrée en vigueur teka Iri ritangarijweho mu Repubulika y’u Rwanda. ritangira gukurikizwa ku munsi Igazeti ya Leta ya This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda. Le présent arrêté entre en vigueur le jour de sa publication au Journal Officiel de la République du Rwanda. Official Gazette n° Special of 12/02/20201236 Kigali, ku wa 31/01/2020 Kigali, on 31/01/2020 Kigali, le 31/01/2020 (sé) KAGAME Paul Perezida wa Repubulika (sé) Dr NGIRENTE Edouard Minisitiri w’Intebe (sé) KAGAME Paul President of the Republic (sé) Dr NGIRENTE Edouard Prime Minister (sé) KAGAME Paul Président de la République (sé) Dr NGIRENTE Edouard Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika: Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République: (sé) BUSINGYE Johnston Minisitiri w’Ubutabera/Intumwa Nkuru ya Leta (sé) BUSINGYE Johnston Minister of Justice/Attorney General (sé) BUSINGYE Johnston Ministre de la Justice/Garde des Sceaux Official Gazette n° Special of 12/02/20201237 HAGATI W’ITEKA UMUGEREKA RYA PEREZIDA N° 028/01 RYO KU WA BURUNDU RYEMEZA 31/01/2020 AMASEZERANO YA GUVERINOMA YA REPUBULIKA Y’U RWANDA NA GUVERINOMA YA IHARANIRA REPUBULIKA DEMOKARASI YA SÃO TOMÉ NA PRÍNCIPE AJYANYE NO GUTWARA ABANTU N’IBINTU MU KIRERE MU IFASI YAZO NO HANZE YAYO, YAKOREWE I KIGALI, KU WA 10 WERURWE 2017 BETWEEN ANNEX TO PRESIDENTIAL ORDER N° 028/01 OF 31/01/2020 RATIFYING THE THE AGREEMENT GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE FOR AIR SERVICES BETWEEN THEIR RESPECTIVE TERRITORIES, DONE AT KIGALI, ON 10TH MARCH 2017 BEYOND AND 31/01/2020 ANNEXE À L’ARRÊTÉ PRÉSIDENTIEL N° 028/01 DU 31/01/2020 RATIFIANT L’ACCORD ENTRE LE GOUVERNEMENT DE LA RÉPUBLIQUE DU RWANDA ET LE GOUVERNEMENT DE LA RÉPUBLIQUE DÉMOCRATIQUE DE SÃO TOMÉ-ET-PRÍNCIPE POUR LES SERVICES AÉRIENS ENTRE LEURS TERRITOIRES RESPECTIFS ET AU- DELÀ, FAIT À KIGALI, LE 10 MARS 2017 Official Gazette n° Special of 12/02/20201238 AGREEMENT BETWEEN THE GOVERNMENT OF REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLTC OF SAOTOME AND PRINCIPE FOR AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES lr ( Official Gazette n° Special of 12/02/20201239 Index to the Articles ....,,.........2 ......................3 .......................2 PREAMBLE ARTICLE 3 - DESIGNATION AND AUTHORIZATION .......................4 ARTICLE 3 - DESIGNATION AND AUTHORIZATION The Aeronautical Authority of each Contracting Party shall have the right to designate one or more airlines for the purpose of operating the Agreed Services and to withdraw or alter the designation of any such airline or to substitute another airline for one previously designated. Such designation may specify the scope of the authorization granted to each airline in relation to the operation of the Agreed Services. besignations and any changes thereto shall be made in writing by the Aeronautical Authori$ of the Conhacting Party having designated the airline to the Aeronautical Authority of the other Contracting Party. on receipt of a notice of designation, substitution or alteration thereto, and on application from the Designated Airline in the form and manner prescribed, the other iontracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, wilhout delay grant to the airline(s) designated the appropriate operating authorizations. 3. 4. The Aeronautical Authority of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the.conditions prescribed under the taws ahO regulations normally and reasonably applied to the operation of lntemational Air services by such authority in conformity with the provisions of the Convention. Each contracting Party shall have the right to refuse to grant the operating authorizations ref6rred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise by a Designated Airline of the rights 4 Official Gazette n° Special of 12/02/20201243 specified in paragraph 2 ( c ) of Article 2 of this Agreement, in any case where, subject to any special agreement between the Contracting Parties, it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or its nationals. 5. When an airline has been so designated and authorized, it may begin at any time to operate the Agreed Services in whole or in part, provided that a timetable is established in accordance with Article 15 of this Agreement in respect of such services. - 4 Verify source ↗
_ REVOCATION AND LIMITATION OF OPERATING AUTHORISATION..... 4
AI-assisted research summary: The Aeronautical Authority may revoke, suspend, or add conditions to an airline’s operating authorization when listed compliance, safety, ownership, or decision-related problems arise.
ARTICLE 4 _ REVOCATION AND LIMITATION OF OPERATING AUTHORISATION..... 4 ARTICLE 4_ REVOCATION AND LIMITATION OF OPERATING AUTHORIZATION 1 . The AeronauticalAuthority of each Contracting Party shall, with respect to an airline designated by the other Contracting Party, have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement, or to impose conditions, temporarily or permanently, as it may deem necessary on the exercise of those rights; a) b) c) d) e) f) in the case of failure by that airline to comply with the laws and regulations normally and reasonably applied by the Aeronautical Authority of the Contracting Party granting those rights in conformity with the Convention; or in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement; or in any case where, subject to any special agreement between the Contracting Parties, it is not satisfied that the substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or its nationals; or in accordance with paragraph (6) of Article 10 of this Agreement; in the case of failure by the other Contracting Party to take appropriate action to improve safety in accordance with paragraph (2) of Article 10 of this Agreement; or in any case where the other Contracting Party fails to comply with any decision or stipulation arising from the application of Article 19 of this Agreement; 2. Unless immediate revocation, suspension, or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the Aeronautical Authority of the other Contracting Party, as provided for in Article 18. 3. ln the event of action by one contracting Party under this Article, the rights of the other Contracting Party under Article 19 shall not be prejudiced. - 5 Verify source ↗
_ PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES .............. 5
AI-assisted research summary: Contracting Parties must let designated airlines compete freely and avoid discriminatory or anti-competitive limits on agreed air services.
ARTICLE 5 _ PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES .............. 5 ARTICLE 5 - PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES (r. Official Gazette n° Special of 12/02/20201244 1. Each Contracting Party shall reciprocally allow the Designated Airlines of both Contracting Parties to compete freely in providing the international air transportation governed by this Agreement. Each Conhacting Party shall take all appropriate action within its jurisdiction to eliminate all forms of discrimination and anti-competitive or predatory practices in the exercise of the rights and entitlements set out in this Agreement. 3. 4. There shall be no restriction on the capacity and the number of frequencies and/or type(s) of aircraft to be operated by the Designated Airlines of both Contracting Parties in any type of service (passenger, cargo, separately or in combination). Each Designated Airline is permitted to determine the frequency, capacity it offers on the Agreed Services. Neither Contracting Party shall unilaterally limit the volume of traffic, frequencies, regularity of service or the aircraft type(s) operated by the Designated Airlines of the other Contracting Party, except as may be required for customs, technical, operational or environmental requirements under uniform conditions consistent with Article 16 of the Convention. 5. Neither Contracting Party shall impose on the Designated Airlines of the other Contracting Party, a first refusal requirement, uplift ratio, no objection fee or any other requirement with respect to capacity, frequencies or traffic which would be inconsistent with the purposes of this Agreement. - 6 Verify source ↗
CUSTOMS DUTIES AND OTHER CHARGES
AI-assisted research summary: Each Contracting Party must exempt the other Contracting Party’s designated airlines from customs duties, taxes, inspection fees, and similar charges on specified aircraft-related items.
ARTICLE 6 - CUSTOMS DUTIES AND OTHER CHARGES ................ 6 ARTICLE 6 - CUSTOMS DUTIES AND OTHER CHARGES 1. Each Contracting Party exempts the Designated Airlines of the other Contracting Party from import restrictions, custom duties, direct or indirect taxes, inspection fees and all other national and/or local duties and charges on aircraft as well as their regular equipment, fuel, lubricants, maintenance equipment, aircraft tools, consumable technical supplies, spare parts including engines, aircraft stores including but not limited to such items as food, beverages, liquor, tobacco and other products for sale to or use by passengers during flight and other items intended for or used solely in connection with the operatlon or servicing of aircraft used by such Designated Airline operating the Agreed Services, as well as printed ticket stock, airway bills, staff uniforms, computers and ticket printers used by the Designated Airline for reservations and ticketing, any printed material which bears the insignia of the Designated Airline printed thereon and usual publicity and promotional materials distributed free of charge by such Designated Airline. 2. The exemptions granted by this Article shall apply to the items referred to in paragraph (1) of this Article which are: a) introduced into the Territory of one Contracting Party by or on behalf of a Designated Airline of the other Contracting Party; tI /,, Official Gazette n° Special of 12/02/20201245 3. 4. '1. b) reiained on board the aircraft of a Designated Airline of one Contractirig Party upon arriving in and until leaving the Territory of the other Contracting Party and/or consumed during flight over that Territory; c) taken on board the aircraft of a Designated Airline of one Contracting Party in the Territory of the other Contracting Party and intended for use in operating the Agreed Services; whether or not such items are used or consumed wholly or partly within the Territory of the Contracting Party granting the exemption, provided such items are not alienated in the Territory of the said Conhacting Party. The regular airbome equipment, as well as the materials, supplies and stores normally retained on board the aircraft used by the Designated Airline of either Contracting Party may be unloaded in the Territory of the other Contracting Party only with the approval of the customs authorities of that other Contracting Party. ln such case, such equipment and items shall enjoy the exemptions provided for by paragraph ('l) of this Article provided that they may be required to be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations. The exemptions provided for by this Article shall also be available in situations where the Designated Airlines of either Contracting Party have entered into arrangements with another airline(s), for the loan or transfer in the Territory of the other Contracting Party, of the regular equipment and the other items referred to in paragraph (1) of this Article, provided that that other airline enjoys the same exemption(s) from that other Conhacting Party. - 7 Verify source ↗
_ APPLICATION OF NATIONAL LAWS AND REGULATIONS ......7
AI-assisted research summary: Airlines and travelers must follow the host state’s entry, stay, departure, and operating rules. Designated airlines may code-share, but they must file the agreement and tell buyers which airline actually operates each sector.
ARTICLE 7 _ APPLICATION OF NATIONAL LAWS AND REGULATIONS ......7 ARTICLE 7 - APPLICATION OF NATIONAL LAWS AND REGULATIONS The laws, regulations and procedures of one Contracting Party relating to the admission to, sojoum in, or departure from its Territory of aircrafl engaged in international air navigation, or to the operation and navigation of such aircraft while within its Territory, shall be applied to aircraft operated by the airline(s) of the other Contracting Party without distinction as to nationality as they are applied to its own, and shall be complied with by such aircraft upon entry into, departure from and while within the Territory of that Contracting Party. The laws, regulations and procedures of one Contracting Party as to the admission to, sojourn in, or departure from its Territory of passengers, baggage, crew and cargo, transported on board the aircraft, such as regulations relating to entry, clearan@, aviation security, immigration, passpods, customs, currency, health, quarantine and sanitary measures or in the case of mail, postal la\ivs and regulations shall be complied with by or on behalf of such passengers, baggage, crew and Cargo upon entry into and departure from and while within the Territory of the rlrst Contracting Party. r /, Official Gazette n° Special of 12/02/20201246 Neither Contracting Party may grant any preference to its own or any other airline(s) over the Designated Airline(s) of the other Contracling Party in the application of the laws and regulations provided for in this Article. 4. Passengers, baggage and Cargo in direct transit across the Territory of either Contracting Party and not leaving areas of the airpo( reserved for such purpose shall, except in respect of security measures against violence, air piracy, narcotics control be subject to no more than a simplified control. Such baggage and Cargo shall be exempt from customs duties, excise taxes and other similar national and/or localfees and charges. ARTICLES.CODESHARING 1. 2. 4. 5. The Designated Airline(s) of both Contracting Parties may, either as a marketing carrier or as an operating carrier, freely enter into cooperative marketing arrangements including but not limited to blocked space and/or code share arrangements (including third country code share arrangements), with any other airline or airlines. Before providing code sharing services, the code sharing partners shall a0ree as to which party shall be responsible in respect of the liability and on consumer related matters, security, safety and facilitation. The agreement setting out these terms shall be filed with both Aeronautical Authorities before implementation of the code share arrangements. Such arrangements shall be accepted by the Aeronautical Authorities concerned, provided that all airlines in these arrangements have the underlying traffic rights and/or authorizations. ln the event of a code share anangement, the markeiing airline should, in respect of every ticket sold, ensure thal it is made clear to the purchaser at the point of sale which airline will actually operate each sector of the service and with which airline or airlines the purchaser is entering into a contractual relationship. The Designated Airline(s) of each Contracting Party may also offer code share servic€s between any point(s) in the territory of the other Contacting Party, provided that such services are operated by an airline or airlines of the other Contracting Party. - 8 Verify source ↗
CODE SHARING
AI-assisted research summary: Article 8 is titled “Code Sharing.”
ARTICLE 8 - CODE SHARING .......... 8 - 9 Verify source ↗
_ CERTIFICATES OF AIRWORTHINESS AND COMPETENCY....................... 8
AI-assisted research summary: Each Contracting Party must recognize qualifying airworthiness and competency certificates and licenses issued by the other party, but may refuse recognition in some territorial flight cases and may seek consultations where standards differ.
ARTICLE 9 _ CERTIFICATES OF AIRWORTHINESS AND COMPETENCY....................... 8 ARTICLE 9 - CERTIFICATES OF AIRWORTHINESS AND COMPETENCY 1. Certificates of aiMorthiness, certificates of competency and licenses issued, or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the Agreed v 4 Official Gazette n° Special of 12/02/20201247 2. 3. 1. 2. 3. Services provided always that such certiticates or licenses were issued, or rendered valid, pursuant to and in conformity with the minimum standards established under the Convention Each Contracling Party, reserves the right, however, to refuse to recognize, for flights above its own Territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party. lf the privileges or conditions of the licenses or certificates issued or rendered valid by one Contracting Party permit a difference from the standards esiablished under the Convention. whether or not such difference has been flled with the lnternational Civil Aviation Organization, the Aeronautical Authority of the other Contracting Party may, without prejudice to the rights ofthe first Contracting Party under A(icle 10(2), request consuttations with the Aeronautical Authority of the other Contracting Party in accordance with Article 18, with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach satisfactory agreement shall constitute grounds for the application of Article 4(1) ofthis Agreement. - 10 Verify source ↗
_ AVIATION SAFETY
AI-assisted research summary: This provision is titled Aviation Safety.
ARTICLE 10 _ AVIATION SAFETY - 11 Verify source ↗
_ USER CHARGES
AI-assisted research summary: This provision is titled “User Charges.”
ARTICLE 11 _ USER CHARGES - 12 Verify source ↗
_ AVIATION SECURITY
AI-assisted research summary: Contracting Parties must cooperate to protect civil aviation security, require operators to follow applicable aviation security rules, and screen aircraft and passengers; aviation authorities may seek immediate consultations over suspected non-compliance.
ARTICLE 12 _ AVIATION SECURITY ARTICLE 12 - AVIATION SECURITY 1. Consistent with their rights and obligations under international law, the Conkacting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Commifted on Boad Aircrafr, signed at Tokyo on 14 September 1963, lhe Convention for the Suppression of Unlav,rful Seizure of Aircraft, signed at the Hague on 16 December '1970, the Convention for the Suppression of Unlav,iul Acts against the Safety of Civil Avlafion, signed at Montreal on 23 September, 1971 and lheProtocol for fhe Suppress ion of Unlavrful Acts of Violence at Aitports Serving lntemational Civil Aviation Supplementary to the Convention for the Suppression of Unlav'iul Acfs agarnsf the Safety of Civil Aviation done at Montreal on 23 September 7977, signed at Montreal on 24 February 1988, and any other agreement governing civil aviation security binding upon both Contracting Parties. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities and any other relevant threat to the security of civil aviation. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the lnternational Civil Aviation Organization and designated as annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties. ln addition, the Contracting Parties shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their Territory and the operators of airports in their Territory act in conformity with such aviation security provisions as are applicable to the Contracting Parties. Each Contracting Party agrees that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above applied by the other Contracting Party for entry into, departure from, or while within the Territory of that other Contracting Party. 3. 4. 5. 6. 7. Each Contracting Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and v 4 Official Gazette n° Special of 12/02/20201250 carry-on items and to carry out appropriate security checks on baggage, Cargo and aircrafr stores prior to boarding or loading. Each Contracting Party also agrees to give positive consideration to any request from the other Contracting Party for reaFonable special security measures to meet a parlicular threat. 8. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlaMul acts against the safe9 of such aircraft, their passengers and crew, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threat. 9. Each Contracting Party shall take such measures as it may find practicable to ensure that an aircraft of the other Contracting Party subjected to an act of unlawful seizure or other acts of unlaMul interference which is on the ground in its Territory is detained thereon unless ib departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 10. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article' the Aeronautical Authority of the first Contracting Party may request immediate consultations with the Aeronautical Authority of the other Contracting Party Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute gounds for the application of paragraph ('l) of Adicle 4 oJ this Agreement. When iequired by an emergency, a Contracting Party may take interim action under paiagraph il; of nrticte 4 prior to the expiry of fifteen (15) days. Any action taken in acmidance with this paragraph shall be discontinued upon compliance by the other Contracting Party with the security provisions of this Article 72 v /1&. Official Gazette n° Special of 12/02/20201251Referenced legislation
- Convention for the Suppression of Unlav,iul Acts against the Safety of Civil Avlafion, signed at Montreal on 23 September, 1971 (unresolved)
- Convention on Offences and Certain Other Acts Commifted on Boad Aircrafr, signed at Tokyo on 14 September 1963 (unresolved)
- 13 Verify source ↗
COMMERCIAL ACTIVITIES
AI-assisted research summary: Designated airlines may open offices, move staff, sell air transport services, use certain currencies, and provide some ground handling, subject to stated limits.
ARTICLE 13 - COMMERCIAL ACTIVITIES ARTICLE 13 . COMMERCIAL ACTIVITIES 1. 2. J, 4. 6. 7. The Designated Airlines of each Contracting Party shall have the right to establish in the Territory of the other Conhacting Party offices for the purpose of promotion of air transportation and sale of transport documents as well as for other ancillary products and facilities required for the provision of air transportation. The Designated Airlines of each Contracting Party shall be entitled, to bring into and maintain in the Tenitory of the other Contracting Party those of their own managerial, commercial, operational, sales, technical and other personnel and representatives as it may require in conneclion with the provision of air transportation. Such representatives and staff requirements mentioned in paragraph 2 of this Article may, at the option of the Designated Airline, be satisfied by its own personnel of any nationality or by using the services of any other airline, organization or company operating in the Tenitory of the other Contracting Party and authorized to perform such services in the Territory of such other Contracting Party. The Designated Airlines of each Contracting Party shall, either directly and at their discretion, through agents, have the right to engage in the sale of air transportation and its ancillary products and facilities in the Territory of the other Contracting Party. For this purpose, the Designated Airlines shall have the right to use its own transportation documents. The Designated Airline of each Contracting Party shall have the right to sell, and any person shall be free to purchase, such transportation and its ancillary products and facilities in local currency or in any other freely convertible currency. The Designated Airlines of one Contracting Party shall have the right to pay for local expenses in the Territory of the other Contracting Party in local currency or provided that this is in accordance with local currency regulations, in any freely convertible currencies. Each Contracting Party shall apply the Code of Conduct formulated by the lntemational Civil Aviation Organization for the regulation and operation of Computer Reservation Systems within its Territory, consistent with other applicable regulations and obligations concerning computer Reservation systems. The Designated Airlines shall have the right to perform its own ground handling with respect to passenger check-in operations in the Territory of the other Contracting Party. This right does not include airside ground handling services and will only be subject to mnstraints resulting from requirements of airport safety, security and airport infrastructure. Where safety and security considerations preclude the exercise of the right mentioned in this paragraph, such ground handling services shall be made available without preference or discrimination to any airline engaged in similar international air services, 13 4 Official Gazette n° Special of 12/02/20201252 8. On the basis of reciprocity and in addition to the right granted by paragraph (7) of this Article, each Designated Airline of one Contracting Party shall have the right to select in the Territory of the other Contracting Party, any agent from competing handling agents authorized by the competent authorities of that other Contracting Party, for the provision, in whole or in part, of handling services. 9. The Designated Airlines of one Conhacting Party may also be permitted to provide ground handling services envisaged by paragraph (7) of this Article, in whole or in part, for other airlines serving the same airport in the Territory of the other Contracting Party. 10. All the above activities shall be carried out in accordance with the applicable laws and regulations in force in the Territory of the other Conkacting Party. - 14 Verify source ↗
_ TRANSFER OF FUNDS
AI-assisted research summary: Designated airlines may transfer surplus earnings abroad, subject to foreign exchange rules and exchange-rate rules.
ARTICLE 14 _ TRANSFER OF FUNDS ARTICLE 14 - TRANSFER OF FUNDS 1. Each Contracting Party grants to the Designated Airlines of the other Contracting Party the right to transfer freely the excess of receipts over expenditure earned by such airlines in its Territory in connection with the sale of air transportation, sale of other ancillary products and services as well as commercial interest earned on such revenues (including interest earned on deposits awaiting transfer). Such transfers shall be effected in any convertible currency, in accordance with the foreign exchange regulations of the Contracting Party in the Territory of which the revenue accrued. Such transfer shall be effected on the basis of ofiicial exchange rates or where there is no official exchange rate, such transfers shall be effected on the basis of the prevailing foreign exchange market rates for current payments. lf a Contracting Party imposes restrictions on the transfer of excess of receipts over expenditure by the Designated Airlines of the other Contracting Party, the latter shall have a right to impose reciprocal restrictions on the Designated Airlines of the first Contracting Party. 3. ln the event that there exists, a special agreement between the Contracting Parties for the avoidance of double taxation, or in the case where there is a special agreement ruling the transfer of funds between the two Contracting Parties, such agreement shall prevail. 74 v 4 Official Gazette n° Special of 12/02/20201253 1. 2. 1. 2. 4. 5. - 15 Verify source ↗
APPROVAL OF TIMETABLES
AI-assisted research summary: Designated airlines must submit their intended service timetables for approval before starting services, and must get prior permission for ad-hoc flights beyond the approved timetable.
ARTICLE 15 - APPROVAL OF TIMETABLES ARTTCLE 16 -TARIFFS........... ARTICLE 15 . APPROVAL OF TIMETABLES The Designated Airlines of each Contracting Party shall submit for approval to the Aeronautical Authority of the other Contracting Party prior to the inauguration of its services, the timeiable of intended services, specifying the frequency, the type of aircraft, and period of validity. This requirement shall likewise apply to any modification thereof. lf a Designated Airline wishes to operate ad-hoc flights supplementary to those covered in the approved timetables, it shall obtain prior permission of the Aeronautical Authority of the Contracting Party concerned, who shall give positive and favorable consideration to such request. - 17 Verify source ↗
EXCHANGE OF INFORMATION
AI-assisted research summary: Aeronautical authorities of both Contracting Parties must exchange information about airline authorizations and related documents, and they must provide traffic statistics on request.
ARTICLE 17 - EXCHANGE OF INFORMATION ARTICLE 17 - EXCHANGE OF INFORMATION The Aeronautical Authorities of both Contracting Parties shall exchange information, as promptly as possible, conc€rning the current authorizations extended to their respective Designated Airlines to render service to, through, and from the Territory ofthe other Contracting Party. This will include copies of current certificates and authorizations for services on proposed routes, together with amendments or exemption orders. The Aeronautical Authorities of either Contracling Party shall supply to the Aeronautical Authorities of the other Contracting Party, at their request, such periodic or other statements of statistics of traffic uplifted from and discharged in the territory of that other Contracting Party as may be reasonably required. - 18
- 19 Verify source ↗
SETTLEMENT OF DISPUTES
AI-assisted research summary: If a dispute about this Agreement arises, the parties must first try negotiation, may agree to mediation, and if needed the dispute goes to a three-arbitrator tribunal.
ARTICLE 19 - SETTLEMENT OF DISPUTES ARTICLE 19 - SETTLEMENT OF DISPUTES lf any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement the Contracting Parties shall in the first place endeavor to settle it by negotiation. lf the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body for mediation. lf the Contracting Parties do not agree to mediation, the dispute shall, at the request of either Contracting Party, be submitted for decision to a tribunal of three (3) arbitrators which shall be constituted in the following manner: a) Wthin 60 days of receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a third State, who shall act as the President of the tribunal, shall be nominated as the third arbitrator by the two appointed arbitrators within 60 days of the appointment of the second; b) lf within the time limits specified above any appointment has not been made, either Contracting Party may request the President of the Council of the lnternational Civil Aviation Organization to make the necessary appointment within 30 days. lf the President is of the same nationality as one of the Contracting Parties, the most senior Vice President who is not disqualilied on that same ground shall make the appointmeni. ln such case the arbitrator or arbitrators appointed by the said President or the Vice President as the case may be, shall not be nationals or permanent residents ofthe States parties to this Agreement. Except as hereinafter provided in this Article or otherwise agreed by the Contracting Parties, the tribunal shall determine the place where the proceedings will be held and the limits of ib jurisdiction in accordance with this Agreement. The tribunal shall establish its own procedure. A conference to determine the precise issues to be arbitrated shall be held not later than 30 days after the tribunal is fully constituted. Except as otheMise agreed by the Conhacting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully mnstituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within 30 days after replies are due. 6. The tribunal shall attempt to give a written decision within 30 days afrer completion of the hearing or, if no hearing is held, 30 days afier both replies are submitted. The decision shall be taken by a majority vote. 7. The Contracling Parties may submit requests for chrmcation of the decision within 15 days after it receives the decision of the tribunal, and such clarification shall be issued 77 P 4 Official Gazette n° Special of 12/02/20201256 within 15 days of such request. 8. The Contracting Parties shall comply with any stipulation, provisional ruling or final decision of the tribunal. 9. Subject to the final decision of the tribunal, the Contracting Parties shall bear the costs of its arbitrator and an equal share of the other costs of the kibunal, includlng any expenses incurred by the President or Vice President of the Council of the lnternational Civil Aviation Organization in implementing the procedures in paragraph 3(b) of this Article. 10. lf, and as long as, either Contracting Party fails to comply with a decision contemplated in paragraph (8) of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted under this Agreement to the Contracting Party in default. - 20 Verify source ↗
AMENDMENT OF AGREEMENT
AI-assisted research summary: Amendments to the agreement must be agreed under Article 18 and exchanged by diplomatic notes; annex amendments may be agreed directly by the Aeronautical Authorities.
ARTICLE 20 - AMENDMENT OF AGREEMENT ARTICLE 20 - AMENDMENT OF AGREEMENT 't. 2. 3. Subject to the provisions of paragraph (2) of this Article, if either Contracting Party considers it desirable to amend any provision of this Agreement, such amendment shall be agreed upon in accordance with the provisions of Article '18 and shall be effected by an Exchange of Diplomatic Notes and will come into effect on a date to be determined by the Contracting Parties, which date shall be dependent upon the completion of the relevant internal ratification process of each Contracting Party. Any amendments to the Annex to this Agreement may be agreed directly between the Aeronautical Authorities of the Contracting Parties. Such amendments shall enter into force from the date they have been agreed upon. This Agreement shall, subject to the necessary changes, be deemed to have been amended by those provisions of any international convention or multilateral agreement which becomes binding on both Contracting Parties. - 21 Verify source ↗
REGISTRATION
AI-assisted research summary: This article concerns registration.
ARTICLE 21 - REGISTRATION - 22 Verify source ↗
TERMINATION
AI-assisted research summary: Either Contracting Party may give written notice through diplomatic channels to terminate the Agreement.
ARTICLE 22 - TERMINATION ARTICLE 22-TERMINATION 1. 2. Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to the lnternational Civil Aviation Organization. ln such case the Agreement shall terminate twelve (12) months after the date of receipt of notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. ln the absence of acknowledgment of receipt of a notice of termination by the other Contracting Party, notice shall be deemed to have been received by it fourteen (14) days after the receipt of the notice by the lnternational Civil Aviation Organization. - 23 Verify source ↗
_ ENTRY INTO FORCE
AI-assisted research summary: The Agreement becomes provisionally effective on the date of signature and enters into force after the last written diplomatic notification confirms both Parties have completed their internal procedures.
ARTICLE 23 _ ENTRY INTO FORCE ........................ 15 ..................... 13 .................. 17 ................. 15 ................... 9 ............. 16 ............... 19 ............ 14 ............ 18 ............ 11 ...... 19 ..... 10 ..... 18 .... 16 ROUTE SCHEDULE Section 1: .......20 .....-20 4 Official Gazette n° Special of 12/02/20201240 PREAMBLE The Government of Democratic Republic of fuTome and Principe and the Government of the Republic of Rwanda (Hereinafter referred to as the "Contracting Parties"); Being parties to the Convention on lnternational Civil Aviation opened for signature at Chicago on the seventh day of December 1944; Desiring to conclude an Agreement in conformity with and supplementary to the said Convenlion, for the purpose of establishing and operating Air Services between and beyond their respective territories; Acknowledging the importance of air transportation as a means of creating and fostering friendship, understanding and co-operation between the people of the two countries; Desiring to facilitate the expansion of international air transport opportunities; HAVE AGREED AS FOLLOWS: ARTICLE 23 - ENTRY INTO FORCE This Agreement shall be provisionally made effective from the date of signature and shall enter into force on the day the last written notification is received by diplomatic note confirming that the Contracting Parties have fulfilled all respective internal procedures required for the entry into force of this Agreement. !N WTNESS WHEREOF the undersigned being duly authorized thereto by their respective Governments, have signed this Agreement in duplicate in English and Portuguese Languages, all texts being equally authentic and each Party retains one original in each language for implementation. ln the event of any divergence of interpretation, the English text shall prevail. Done at Kigali on this 'lOth day of March, in the year Two Thousand Seventeen. FORTHEGOVERNMENT OF THE REPUBLIC OF RWANDA FORTHEGOVERNMENT OF DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE @ Dr. Alexis NZAHABWANIMANA Minister of State in charge of Transport utbrut'Y< Eng. Carlos VILA NOVA Minister of lnfrastructures, Natural Resources and Environment 19 P Official Gazette n° Special of 12/02/20201258 ANNEX ROUTE SCHEDULE Section 1: Routes to be operated by the Designated Airline(s) of Rwanda. FROM Any Points in the Republic of Rwanda INTERMEDIATE POINTS Any Points TO BEYOND POINTS Any Points in Democratic Republic of fu Tom6 and Principe Any Points Section 2: Routes to be operated by the Designated Airline(s) of SaoTome and Principe FROM Any Points in Republic of Sao Tome and Principe INTERMEDIATE POINTS Any Points TO BEYOND POINTS Any Points in the Republic of Rwanda Any Points Operation of the Aoreed Services 1. The Designated Airline(s) of both Contracting Parties may, on any or all flights and at its option, operate in either or both directions; serve intermediate and beyond points on the routes in any combination and in any order; omit calling at any or all intermediate or beyond point(s); terminate its services in the territory of the other Contracting Par$ and/or in any point beyond that territory; serve points within the territory of each Contracting Party in any combination; transfer traffic from any aircraft used by them to any other aircraft at any point or points in the route; combine different flight numbers within one aircraft operation; and use owned or leased aircraft. 2. The Designated Airline(s) of both Conkacting Parties are entitled to exercise, in any type of service (passenger, @rgo, separately or in combination), full fifth freedom tiaffic rights to/from any intermediate or beyond point(s) without any reshiction whatsoever. 3. Subject to a separate agreement between the aeronautical authorities of both Coniracting Parties, the Designated Airline(s) of either Conhacting Party may also enjoy the full seventh freedom traffic rights. 4 Official Gazette n° Special of 12/02/20201259 Bibonywe kugira ngo bishyirwe ku mugereka w’Iteka rya Perezida n° 028/01 ryo ku wa 31/01/2020 ryemeza burundu Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Repubulika Iharanira Demokarasi ya São Tomé na Príncipe ajyanye no gutwara abantu n’ibintu mu kirere mu ifasi yazo no hanze yayo, yakorewe i Kigali, ku wa 10 Werurwe 2017 Seen to be annexed to Presidential Order n° 028/01 of 31/01/2020 ratifying the Agreement between the Government of the Republic of Rwanda and the Government of the Democratic Republic of São Tomé and Príncipe for Air Services between and beyond their respective territories, done at Kigali, on 10th March 2017 Vu pour être annexé à l’Arrêté Présidentiel n° 028/01 du 31/01/2020 ratifiant l’Accord entre la République du le Gouvernement de Rwanda et le Gouvernement de la République Démocratique de São Tomé-et-Príncipe pour les services aériens entre leurs territoires respectifs et au-delà, fait à Kigali, le 10 mars 2017 Kigali, ku wa 31/01/2020 Kigali, on 31/01/2020 Kigali, le 31/01/2020 (sé) KAGAME Paul Perezida wa Repubulika (sé) Dr NGIRENTE Edouard Minisitiri w’Intebe (sé) KAGAME Paul President of the Republic (sé) Dr NGIRENTE Edouard Prime Minister (sé) KAGAME Paul Président de la République (sé) Dr NGIRENTE Edouard Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika: (sé) BUSINGYE Johnston Minisitiri w’Ubutabera/Intumwa Nkuru ya Leta Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République: (sé) BUSINGYE Johnston Minister of Justice/Attorney General (sé) BUSINGYE Johnston Ministre de la Justice/Garde des Sceaux Official Gazette n° Special of 12/02/20201260Referenced legislation
- Convention on lnternational Civil Aviation (unresolved)
- 16 Verify source ↗
TARIFFS
AI-assisted research summary: Contracting Parties must let designated airlines set tariffs commercially, may require prior price filing, and may not force airlines to consult other airlines or block prices except for limited competition and consumer-protection reasons.
ARTICLE 16 - TARIFFS Each Contracling Party shall allow Tariffs to be established by each Designated Airline based upon its commercial considerations in the market place. Neither Contracting Party shall require the Designated Airlines to consult other airlines about the tariffs they charge or propose to charge. Each Contracting Party may require prior filing with its Aeronautical Authorities, of prices to be charged to or from its Territory by Designated Airlines of both Contracting Parties. Such filing by or on behalf of the Designated Airlines may be required by no more than 30 days before the proposed date of effectiveness. ln individual cases, rlling may be permitted on shorter notice than normally required lf a Contracting Party permits an airline to file a price on short notice, the price shall become effective on the proposed date for traffic originating in the territory of that Contracting Party. Except as otherwise provided in this Article, neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a price proposed to be charged or charged by a Designated Airline of either Contracting Party for international air transportation. lntervention by the Contracting Parties shall be limited to:- (a) Prevention of Tariffs whose application constitutes anti-competitive behavior which has or is likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route; (b) protection of consumers from prices that are unreasonably high or (c) Protection of Designated Airlines from prices that are artificially low. lf a Contracting Party believes that a price proposed to be charged by a Designated Airline of the other Contracting Party for international air restrictive duetothe abuseofa dominant position; and 15 4 Official Gazette n° Special of 12/02/20201254 transportation is inconsistent with considerations set forth in paragraph (4) of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than 30 days after receipt of the request, and the Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issue. lf the Contracting Parties reach agreement with respecl to a price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement to the contrary, the previously existing price shall continue in effect. - 2I Verify source ↗
REGISTRATION
AI-assisted research summary: The Contracting Parties must submit the Agreement and its amendments to the International Civil Aviation Organization for registration, except amendments to the Annex.
ARTICLE 2I . REGISTRATION This Agreement and any amendments thereto, other than amendments to the Annex, shall be submitted by the Contracting Parties to the lnternational Civil Aviation Organization for registration. r 18 t. Official Gazette n° Special of 12/02/20201257 ,
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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRÍNCIPE FOR AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES, DONE AT KIGALI, ON 10TH MARCH 2017
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