AIR TRANSPORT AGREEMENT
BETWEEN
THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF
BURKINA FASO
The Government of the United States of America and the Government of Burkina Faso
(hereinafter, "the . Parties") ;
Desiring to promote an international aviation system based on competition among airlines in
the marketplace with minimum government interference and regulation !
Desiring to facilitate the expansion of international air transport opportunities ;
Desiring to make it possible for airlines to offer the traveling and shippipg public a variety
of service options at the lowest prices that are not discriminatory and do,, not represent abuse
of a dominant position, and wishing to encourage individual airlines to develop and
implement innovative and competitive prices ;
Desiring to ensure the highest degree of safety and security in international air transport and
reaffirming their grave concern about acts or threats against the security jof aircraft, which
jeopardize the safety of persons or property, adversely affect the operation of air
transportation, and undermine public confidence in the safety of civil aviation ; and
Being Parties to the Convention on International Civil Aviation, opened jfor signature at
Chicago on December 7, 1944 ;
Have agreed as follows :
2
Article 1
Definitions
For the purposes of this Agreement, unless otherwise stated, the term :
1 . "Aeronautical authorities" means, in the case of the United State
Transportation, or its successor, and in the case of Burkina Faso, the Mi
civil aviation, and any person or agency authorized to perform functions
said Ministry;
s, the Department of
nistry in charge of
exercised by the
"Agreement" means this Agreement, its Annexes, and any ame meats thereto; the
Annexes are considered to be an integral part of the said Agreement ;
3 .
"Air transportation" means the public carriage by aircraft of passengers, baggage,
cargo, and mail, separately or in combination, for remuneration or hire ;
4 .
"Convention" means the Convention on International Civil Avi
signature at Chicago on December 7, 1944, and includes :
'on, opened for
a . any amendment that has entered into force under Article 94(aa of the Convention
and has been ratified by both Parties, and
b. any Annex or any amendment thereto adopted under Article 40 of the
Convention, insofar as such Annex or amendment is at any given time e''fective for both
Parties ;
5 .
"Designated airline" means an airline designated and authorized in accordance with
Article 3 of this Agreement ;
6 .
"Full cost" means the cost of providing service plus a reasonable charge for
administrative overhead;
7 .
"International air transportation" means air transportation that passes through the
airspace over the territory of more than one State ;
8 .
"Price" means any fare, rate or charge for the carriage of passengers (and their
baggage) and/or cargo (excluding mail) in air transportation charged by airlines, including
their agents, and the conditions governing the availability of such fare, rate or charge ;
9 .
"Stop for non-traffic purposes" means a landing for any purpose other than taking on
or discharging passengers, baggage, cargo and/or mail in air transportation ;
10 .
"Territory" means the land areas under the sovereignty, jurisdicti
trusteeship of a Party, and the territorial waters adjacent thereto ; and
n, protection, or
Designation and Authorization
I
1 .
Each Party shall have the right to designate as many airlines as it wishes to conduct
international air transportation in accordance with this Agreement and to withdraw or alter
such designations . Such designations shall be transmitted to the other P- in writing
through diplomatic channels, and shall identify whether the airline is authorized to conduct
the type of air transportation specified in Annex I or in Annex II or both .
2 . On receipt of such a designation, and of applications from the designated airline, in
the form and manner prescribed for operating authorizations and technical permissions, the
other Party shall grant appropriate authorizations and permissions with rr inimum procedural
delay, provided :
a. substantial ownership and effective control of that airline are
designating the airline, nationals of that Party, or both ;
sted in the Party
I
b . the designated airline is qualified to meet the conditions presc bed under the laws
and regulations normally applied to the operation of international air transportation by the
Party considering the application or applications ; and
3
11 .
"User charge" means a charge imposed on airlines for the provic
navigation, or aviation security facilities or services including related s
Article 2
Grant of Rights
1 .
Each Party grants to the other Party the following rights for the
international air transportation by the airlines of the other Party :
a . the right to fly across its territory without landing ;
b. the right to make stops in its territory for non-traffic purposes and
c . the rights otherwise specified in this Agreement .
2. Nothing in this Article shall be deemed to confer on the airline o
Party the rights to take on board, in the territory of the other Party, pass
baggage, cargo, or mail carried for compensation and destined for anoth
territory of that other Party .
Article 3
ion of airport, air
rvices and facilities .
nduct of
airlines of one
gers, their
r point in the
4
c. the Party designating the airline is maintaining and administ ng the standards set
forth in Article 6 (Safety) and Article 7 (Aviation Security) .
Article 4
Revocation of Authorization
1 .
Either Party may revoke, suspend or limit the operating authori tions or technical
permissions of an airline designated by the other Party where :
a. substantial ownership and effective control of that airline are t`ot vested in the
other Party, the Party's nationals, or both;
b . that airline has failed to comply with the laws and regulations! referred to in
Article 5 (Application of Laws) of this Agreement; or
c . the other Party is not maintaining and administering the standrds as set forth in
Article 6 (Safety) .
2 . Unless immediate action is essential to prevent further noncompliance with
subparagraphs lb or lc of this Article, the rights established by this Arti le shall be
exercised only after consultation with the other Party .
3 .
This Article does not limit the rights of either Party to withhold, evoke, limit or
impose conditions on the operating authorization or technical permission of an airline or
airlines of the other Party in accordance with the provisions of Article 7 (Aviation Security).
Article 5
Application of Laws
1 . While entering, within, or leaving the territory of one Party, its la
relating to the operation and navigation of aircraft shall be complied wi
Party's airlines .
2 . While entering, within, or leaving the territory of one Party, its la
relating to the admission to or departure from its territory of passengers,
aircraft (including regulations relating to entry, clearance, aviation securi
passports, customs and quarantine or, in the case of mail, postal regulatio
complied with by, or on behalf of, such passengers, crew or cargo of the
airlines .
s and regulations
by the other
s and regulations
rew or cargo on
immigration,
shall be
,ther Party's
I
5
Article 6
Safety
I
1 .
Each Party shall recognize as valid, for the purpose of operating lthe air transportation
provided for in this Agreement, certificates of airworthiness, certificate of competency, and
licenses issued or validated by the other Party and still in force, provided that the
requirements for such certificates or licenses at least equal the minimum standards that may
be established pursuant to the Convention . Each Party may, however, r I fuse to recognize as
valid for the purpose of flight above its own territory, certificates of co petency and
licenses granted to or validated for its own nationals by the other Party .
2 .
Either Party may request consultations concerning the safety s dards maintained by
the other Party relating to aeronautical facilities, aircrews, aircraft, and operation of the
designated airlines . If, following such consultations, one Party finds th the other Party
does not effectively maintain and administer safety standards and requir ments in these areas
that at least equal the minimum standards that may be established pursu nt to the
Convention, the other Party shall be notified of such findings and the steps considered
necessary to conform with these minimum standards, and the other
shall take
appropriate corrective action. Each Party reserves the right to withhold, revoke, or limit the
operating authorization or technical permission of an airline or airlines . - signated by the
other Party in the event the other Party does not take such appropriate corrective action
within a reasonable time.
Article 7
Aviation Security
1 . In accordance with their rights and obligations under internation I
reaffirm that their obligation to each other to protect the security of civil
of unlawful interference forms an integral part of this Agreement . With
generality of their rights and obligations under international law, the P
particular act in conformity with the provisions of the Convention on 0
Other Acts Committed on Board Aircraft, done at Tokyo September 14,
Convention for the Suppression of Unlawful Seizure of Aircraft, done at
December 16, 1970, the Convention for the Suppression of Unlawful Ac
of Civil Aviation, done at Montreal September 23, 1971, and the Protoc
Suppression of Unlawful Acts of Violence at Airports Serving Internatio
done at Montreal February 24, 1988 .
2.
The Parties shall provide upon request all necessary assistance to ach other to
prevent acts of unlawful seizure of civil aircraft and other unlawful acts ainst the safety of
such aircraft, of their passengers and crew, and of airports and air naviga "on facilities, and
to address any other threat to the security of civil air navigation .
law, the Parties
viation against acts
ut limiting the
. es shall in
enses and Certain
963, the
e Hague
against the Safety
for the
al Civil Aviation,
6
3 .
The Parties shall, in their mutual relations, act in conformity with the aviation
security standards and appropriate recommended practices established y the International
Civil Aviation Organization and designated as Annexes to the Conventi n ; they shall require
that operators of aircraft of their registry, operators of aircraft who have their principal place
of business or permanent residence in their territory, and the operators o airports in their
territory act in conformity with such aviation security provisions .
4.
Each Party agrees to observe the security provisions required by the other Party for
entry into, for departure from, and while within the territory of that othe Party and to take
adequate measures to protect aircraft and to inspect passengers, crew, and their baggage and
carry-on items, as well as cargo and aircraft stores, prior to and during bearding or loading .
Each Party shall also give positive consideration to any request from the other Party for
special security measures to meet a particular threat .
5 . When an incident or threat of an incident of unlawful seizure of
unlawful acts against the safety of passengers, crew, aircraft, airports or
facilities occurs, the Parties shall assist each other by facilitating comm
appropriate measures intended to terminate rapidly and safely such inci
6. When a Party has reasonable grounds to believe that the other P
from the aviation security provisions of this Article, the aeronautical au
may request immediate consultations with the aeronautical authorities o
Failure to reach a satisfactory agreement within 15 days from the date o
constitute grounds to withhold, revoke, limit, or impose conditions on th
authorization and technical permissions of an airline or airlines of that P
by an emergency, a Party may take interim action prior to the expiry of I
Article 8
Commercial Activities
1 .
The airlines of each Party shall have the right to establish offices in the territory of
the other Party for the promotion and sale of air transportation.
2 . The designated airlines of each Party shall be entitled, in accord
and regulations of the other Party relating to entry, residence, and emplo
and maintain in the territory of the other Party managerial, sales, technic
other specialist staff required for the provision of air transportation .
3 . Each designated airline shall have the right to perform its own gr
the territory of the other Party ("self-handling") or, at its option, select
agents for such services in whole or in part . The rights shall be subject o
constraints resulting from considerations of airport safety. Where such c
ircraft or other
r navigation
cations and other
nt or threat.
has departed
orities of that Party
the other Party .
such request shall
operating
rty . When required
days .
ce with the laws
ment, to bring in
1, operational, and
und-handling in
ong competing
y to physical
nsiderations
7
preclude self-handling, ground services shall be available on an equal b
charges shall be based on the costs of services provided ; and such servi
comparable to the kind and quality of services as if self-handling were
4 . Any airline of each Party may engage in the sale of air transpo
of the other Party directly and, at the airline's discretion, through its age
specifically provided by the charter regulations of the country in which
that relate to the protection of passenger funds, and passenger cancellati
Each airline shall have the right to sell such transportation, and any per
purchase such transportation, in the currency of that territory or in freel
currencies.
5 . Each airline shall have the right to convert and remit to its coun , on demand, local
revenues in excess of sums locally disbursed. Conversion and remittanc shall be permitted
promptly without restrictions or taxation in respect thereof at the rate of xchange applicable
to current transactions and remittance on the date the carrier makes the ' itial application for
remittance .
b.
The airlines of each Party shall be permitted to pay for local expenses, including
purchases of fuel, in the territory of the other Party in local currency . At their discretion, the
airlines of each Party may pay for such expenses in the territory of the other Party in freely
convertible currencies according to local currency regulation .
7 .
In operating or holding out the authorized services on the agreed -outes, any
designated airline of one Party may enter into cooperative marketing arr gements such as
blocked-space, code-sharing or leasing arrangements, with
a) an airline or airlines of either Party ; and
b) an airline or airlines of a third country, provided that such thirc
or allows comparable arrangements between the airlines of the other P
on services to, from and via such third country ;
provided that all airlines in such arrangements (1) hold the appropriate a
meet the requirements normally applied to such arrangements .
sis to all airlines ;
es shall be
ossible.
tion in the territory
ts, except as may be
e charter originates
n and refund rights.
on shall be free to
convertible
8 .
Notwithstanding any other provision of this Agreement, airlines d indirect
providers of cargo transportation of both Parties shall be permitted, without restriction, to
employ in connection with international air transportation any surface P - portation for
cargo to or from any points in the territories of the Parties or in third co tries, including
transport to and from all airports with customs facilities, and including, here applicable,
the right to transport cargo in bond under applicable laws and regulations Such cargo,
whether moving by surface or by air, shall have access to airport customs processmg and
facilities. Airlines may elect to perform their own surface transportation r to provide it
through arrangements with other surface carriers, including surface transportation operated
country authorizes
and other airlines
thority and (2)
8
by other airlines and indirect providers of cargo air transportation . Such intermodal cargo
services may be offered at a single, through price for the air and surface transportation
combined, provided that shippers are not misled as to the facts concerni g such
transportation.
Article 9
Customs Duties and Charges
1 .
On arriving in the territory of one Party, aircraft operated in inte ational air
transportation by the designated airlines of the other Party, their regular uipment, ground
equipment, fuel, lubricants, consumable technical supplies, spare parts (ncluding engines),
aircraft stores (including but not limited to such items of food, beverage and liquor, tobacco
and other products destined for sale to or use by passengers in limited q tities during
flight), and other items intended for or used . solely in connection with th operation or
servicing of aircraft engaged in international air transportation shall be e empt, on the basis
ofreciprocity, from all import restrictions, property taxes and capital lev es, customs duties,
excise taxes, and similar fees and charges that are (1) imposed by the na onal authorities,
and (2) not based on the cost of services provided, provided that such eq ipment and
supplies remain on board the aircraft .
2 .
There shall also be exempt, on the basis of reciprocity, from the taxes, levies, duties,
fees and charges referred to in paragraph 1 of this Article, with the exception of charges
based on the cost of the service provided :
a. aircraft stores introduced into or supplied in the territory of a Party and taken on
board, within reasonable limits, for use on outbound aircraft of an airline of the other Party
engaged in international air transportation, even when these stores are to e used on a part of
the journey performed over the territory of the Party in which they are to en on board;
b . ground equipment and spare parts (including engines) introdu ed into the territory
of a Party for the servicing, maintenance, or repair of aircraft of an airlin of the other Party
used in international air transportation;
c. fuel, lubricants and consumable technical supplies introduced to or supplied in
the territory of a Party for use in an aircraft of an airline of the other P
engaged in
international air transportation, even when these supplies are to be used o a part of the
journey performed over the territory of the Party in which they are taken n board ; and
d . promotional and advertising materials introduced into or suppl~ed in the territory
of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an
airline of the other Party engaged in international air transportation, even when these stores
are to be used on a part of the journey performed over the territory of the 'arty in which they
are taken on board .
9
3 .
Equipment and supplies referred to in paragraphs 1 and 2 of this Article may be
required to be kept under the supervision or control of the appropriate authorities .
4 .
The exemptions provided by this Article shall also be available where the designated
airlines of one Party have contracted with another airline, which similar_y enjoys such
exemptions from the other Party, for the loan or transfer in the territory of the other Party of
the items specified in paragraphs 1 and 2 of this Article .
Article 10
User Charges
1 . User charges that may be imposed by the competent charging au
each Party on the airlines of the other Party shall be just, reasonable, not
discriminatory, and equitably apportioned among categories of users . I
user charges shall be assessed on the airlines of the other Party on terms
than the most favorable terms available to any other airline at the time
assessed.
2 . User charges imposed on the airlines of the other Party may refle
exceed, the full cost to the competent charging authorities or bodies of p
appropriate airport, airport environmental, air navigation, and aviation s
services at the airport or within the airport system . Such charges may in
return on assets, after depreciation . Facilities and services for which ch
be provided on an efficient and economic basis.
e
3. Each Party shall encourage consultations between the competent
or bodies in its territory and the airlines using the services and facilities,
the competent charging authorities or bodies and the airlines to exchang
as may be necessary to permit an accurate review of the reasonableness
accordance with the principles of paragraphs 1 and 2 of this Article . Eac
encourage the competent charging authorities to provide users with reaso
proposal for changes in user charges to enable users to express their vie
are made .
orities or bodies of
unjustly
any event, any such
of less favorable
charges are
t, but shall not
oviding the
curity facilities and
lude a reasonable
ges are made shall
barging authorities
d shall encourage
such information
f the charges in
Party shall
ble notice of any
before changes s
4 . Neither Party shall be held, in dispute resolution procedures purs t to Article 14,
to be in breach of a provision of this Article, unless (1) it fails to undertake a review of the
charge or practice that is the subject of complaint by the other Party within a reasonable
amount of time ; or (2) following such a review it fails to take all steps within its power to
remedy any charge or practice that is inconsistent with this Article .
Article 11
Fair Competition
1 . Each Party shall allow a fair and equal opportunity for the desig
Parties to compete in providing the international air transportation gove
Agreement .
2. Each Party shall allow each designated airline to determine the
capacity of the international air transportation it offers based upon co
considerations in the marketplace . Consistent with this right, neither P
limit the volume of traffic, frequency or regularity of service, or the airc
operated by the designated airlines of the other Party, except as may be
technical, operational, or environmental reasons under uniform conditio
Article 15 of the Convention.
3 . Neither Party shall impose on the other Party's designated airline
requirement, uplift ratio, no-objection fee, or any other requirement wit
frequency or traffic that would be inconsistent with the purposes of this
4 . Neither Party shall require the filing of schedules, programs for
operational plans by airlines of the other Party for approval, except as in
non-discriminatory basis to enforce the uniform conditions foreseen by
Article or as may be specifically authorized in an Annex to this Agreem
requires filings for information purposes, it shall minimize the administr
filing requirements and procedures on air transportation intermediaries
airlines of the other Party .
Article 12
Pricing
I . Each Party shall allow prices for air transportation to be establish
designated airline based upon commercial considerations in the marketpl
by the Parties shall be limited to :
a. prevention of unreasonably discriminatory prices or practices ;
b . protection of consumers from prices that are unreasonably hig
to the abuse of a dominant position ; and
c . protection of airlines from prices that are artificially low due t
governmental subsidy or support .
ated airlines of both
ed by this
equency and
ercial
shall unilaterally
aft type or types
equired for customs,
s consistent with
a first-refusal
respect to capacity,
greement .
arter flights, or
y be required on a
aragraph 2 of this
nt. If a Party
tive burdens of
d on designated
by each
ce. Intervention
or restrictive due
direct or indirect
1 1
2 . Each Party may require notification to or filing with its aeronau
prices to be charged to or from its territory by airlines of the other Part
filing by the airlines of both Parties may be required no more than 30 d
proposed date of effectiveness . In individual cases, notification or filin
on shorter notice than normally required . Neither Party shall require th
filing by airlines of the other Party of prices charged by charterers to th
may be required on a non-discriminatory basis for information purpose
3 .
Neither Party shall take unilateral action to prevent the inaugura ion or continuation
of a price proposed to be charged or charged by (1) an airline of either
y for international
air transportation between the territories of the Parties, or (2) an airline f one Party for
international air transportation between the territory of the other Party and any other country,
including in both cases transportation on an interline or intraline basis . :f either Party
believes that any such price is inconsistent with the considerations set fcrth in paragraph I of
this Article, it shall request consultations and notify the other Party of the reasons for its
dissatisfaction as soon as possible. These consultations shall be held no'. later than 30 days
after receipt of the request, and the Parties shall cooperate in securing in ormation necessary
for reasoned resolution of the issue. If the Parties reach agreement with respect to a price for
which a notice of dissatisfaction has been given, each Party shall use its nest efforts to put
that agreement into effect . Without such mutual agreement, the price sh all go into effect or
continue in effect .
Article 13
Consultations
Either Party may, at any time, request consultations relating to this Agreement . Such
consultations shall begin at the earliest possible date, but not later than 60 days from the date
the other Party receives the request unless otherwise agreed .
Article 14
Settlement of Disputes
1 .
Any dispute arising under this Agreement, except those that may arise under
paragraph 3 of Article 12 (Pricing), that is not resolved by a first round o -formal
consultations may be referred by agreement of the Parties for decision to some person or
body. If the Parties do not so agree, the dispute shall, at the request of either Party, be
submitted to arbitration in accordance with the procedures set forth belo,%~ .
Arbitration shall be by a tribunal of three arbitrators to be constituted as follows :
a . Within 30 days after the receipt of a request for arbitration, each Party shall name
cal authorities of
Notification or
ys before the
may be permitted
notification or
public, except as
1 2
one arbitrator. Within 60 days after these two arbitrators have been
ed, they shall by
agreement appoint a third arbitrator, -who shall act as President of the tral tribunal ;
b . If either Party fails to name an arbitrator, or if the third arbitr for is not appointed
in accordance with subparagraph a of this paragraph, either Party may request the President
of the Council of the International Civil Aviation Organization to appoi it the necessary
arbitrator or arbitrators within 30 days . If the President of the Council is of the same
nationality as one of the Parties, the most senior Vice President who is i of disqualified on
that ground shall make the appointment .
3 .
Except as otherwise agreed, the arbitral tribunal shall determine the limits of its
jurisdiction in accordance with this Agreement and shall establish its ovrn procedural rules.
The tribunal, once formed, may recommend interim relief measures pending its final
determination . At the direction of the tribunal or at the request of either of the Parties, a
conference to determine the precise issues to be arbitrated and the speci_ic procedures to be
followed shall be held not later than 15 days after the tribunal is filly ccnstituted .
4 . Except as otherwise agreed or as directed by the tribunal, each Party shall submit a
-memorandum within 45 days of the time the tribunal is fully constituted . Replies shall be
due 60 days later . The tribunal shall hold a hearing at the request of eitr er Party or on its
own initiative within 15 days after replies are due .
5 .
The tribunal shall attempt to render a written decision within 30 lays after
completion of the hearing or, if no hearing is held, after the date both rel lies are submitted.
The decision of the majority of the tribunal shall prevail .
6 .
The Parties may submit requests for clarification of the decisionjwithin 15 days after
it is rendered and any clarification given shall be issued within 15 days f such request.
7 .
Each Party shall, to the degree consistent with its national law, g ve full effect to any
decision or award of the arbitral tribunal.
8 .
The expenses of the arbitral tribunal, including the fees and expe ises of the
arbitrators, shall be shared equally by the Parties . Any expenses incurred by the President of
the Council of the International Civil Aviation Organization in connecti n with the
procedures of paragraph 2b of this Article shall be considered to be part f the expenses of
the arbitral tribunal .
Article 15
Amendment
1 .
This Agreement may be amended by written agreement of the P ies .
13
2. In the event of the conclusion of any general multilateral conver
transportation to which both the Parties become bound, the Parties shall
whether and to what extent the present Agreement should be amended .
Article 16
Termination
Either Party may, at any time, give notice in writing to the other Party o its decision to
terminate this Agreement . Such notice shall be sent simultaneously to e International Civil
Aviation Organization . This Agreement shall terminate at midnight (at e place of receipt
of the notice to the other Party) immediately before the first anniversary of the date of
receipt of the notice by the other Party, unless the notice is withdrawn b agreement of the
Parties before the end of this period.
Article 17
Registration with ICAO
This Agreement and all amendments thereto shall be registered with the
Aviation Organization .
Article 18
Entry into Force
This Agreement and its Annexes shall enter into force on the date of sig ature .
IN WITNESS WHEREOF, the undersigned, being duly authorized by th it respective
Governments, have signed this Agreement .
DONE at Washington, this twenty-seventh day of July, 2000, in duplicat , in the English
and French languages, each text being equally authentic .
FOR THE GOVERNMENT OF
THE
D STATES OF AMERICA:
BURKINA FASO:
& a
tion concerning air
consult to determine
International Civil
14
ANNEX I
Scheduled Air Transportation
Section 1
Routes
Airlines of each Party designated under this Annex shall, in accordance
their designation, be entitled to perform scheduled international air trap i .ortation
points on the following routes :
'th the terms of
between
Routes for the airline or airlines designated by the Government i
1 .
From points behind the United States via the United States and i 9
f the United States :
termediate points to
a point or points in Burkina Faso and beyond .
For all-cargo service or services, between Burkina Faso and any .oint or points .
Routes for the airline or airlines designated by the Government o Burkina Faso :
1 .
From points behind Burkina Faso via Burkina Faso and interme .
or points in the United States and beyond .
ate points to a point
For all-cargo service or services, between the United States and .
Section 2
Operational Flexibility
Each designated airline may, on any or all flights and at its option :
, y point or points .
operate flights in either or both directions ;
combine different flight numbers within one aircraft operation ;
3 .
serve behind, intermediate, and beyond points and points in the t=rritories of the
Parties on the routes in any combination and in any order ;
omit stops at any point or points ;
5 .
transfer traffic from any of its aircraft to any of its other aircraft a
routes ; and
any point on the
serve points behind any point in its territory with or without chan e of aircraft or
1 5
flight number and may hold out and advertise such services to the publi
without directional or geographic limitation and without loss of any rig
otherwise permissible under this Agreement ; provided that, with the ex
services, the service serves a point in the territory of the Party designati
Section 3
Change of Gauge
On any segment or segments of the routes above, any designated airline
international air transportation without any limitation as to change, at
in type or number of aircraft operated ; provided that, with the exception
services, in the outbound direction, the transportation beyond such poin
the transportation from the territory of the Party that has designated the
inbound direction, the transportation to the territory of the Party that has
airline is a continuation of the transportation from beyond such point.
ANNEX II
Charter Air Transportation
Section 1
Airlines of each Party designated under this Annex shall, in accordance ith the terms of
their designation, have the right to carry international charter traffic of p sengers (and their
accompanying baggage) and/or cargo (including, but not limited to, frei t forwarder, split,
and combination (passenger/cargo) charters) :
Between any point or points in the territory of the Party that has designa
any point or points in the territory of the other Party ; and
Between any point or points in the territory of the other Party and any p
third country or countries, provided that, except with respect to cargo c
constitutes part of a continuous operation, with or without a change of
service to the homeland for the purpose of carrying local traffic between
the territory of the other Party .
In the performance of services covered by this Annex, airlines of each P
under this Annex shall also have the right : (1) to make stopovers at any
within or outside of the territory of either Party ; (2) to carry transit traffi
Party's territory ; (3) to combine on the same aircraft traffic originating in
territory, traffic originating in the other Party's territory, and traffic orig'
countries ; and (4) to perform international air transportation without any
I- I
I I
as through services;
t to carry traffic
ption of all-cargo
g the airline.
ay perform
point on the route,
of all-cargo
is a continuation of
rline and, in the
designated the
the airline and
t or points in a
rs, such service
raft, that includes
e homeland and
designated
oints whether
through the other
one Party's
ting in third
imitation as to
1 6
change, at any point on the route, in type or number of aircraft operated
except with respect to cargo charters, in the outbound direction, the tr
such point is a continuation of the transportation from the territory of tldesignated
the airline and in the inbound direction, the transportation t
Party that has designated the airline is a continuation of the transportati
point.
Each Party shall extend favorable consideration to applications by airy
to carry traffic not covered by this Annex on the basis of comity and re iprocity.
Section 2
Any airline designated by either Party performing international charter it transportation
originating in the territory of either Party, whether on a one-way or ro d-trip basis, shall
have the option of complying with the charter laws, regulations, and rul s either of its
homeland or of the other Party . If a Party applies different rules, regula ions, terms,
conditions, or limitations to one or more of its airlines, or to airlines of ifferent countries,
each designated airline shall be subject to the least restrictive of such cr eria.
However, nothing contained in the above paragraph shall limit the righ of either Party to
require airlines designated under this Annex by either Party to adhere to requirements
relating to the protection of passenger funds and passenger cancellation d refund rights .
Section 3
Except with respect to the consumer protection rules referred to in the p eceding paragraph
above, neither Party shall require an airline designated under this Annex by the other Party,
in respect of the carriage of traffic from the territory of that other Party r of a third country
on a one-way or round-trip basis, to submit more than a declaration of c nformity with the
applicable laws, regulations and rules referred to under section 2 of this
ex or of a
waiver of these laws, regulations, or rules granted by the applicable aero autical authorities .
ANNEX III
Principles of Non-Discrimination Within
and Competition among Computer Reservations Sys ems
Recognizing that Article 11 (Fair Competition) of this Agreement g
tees the airlines of
both Parties "a fair and equal opportunity to compete,"
Considering that one of the most important aspects of the ability of an airline to compete is
its ability to inform the public of its services in a fair and impartial mann r, and that,
therefore, the quality of information about airline services available to tr vel agents who
directly distribute such information to the traveling public and the ability of an airline to
provided that,
portation beyond
e Party that has
the territory of the
n from beyond such
17
offer those agents competitive computer reservations systems (CRSs) represent
foundation for an airline's competitive opportunities, and
the
Considering that it is equally necessary to ensure that the interests oft
transport products are protected from any misuse of such information
presentation and that airlines and travel agents have access to effectivel
computer reservations systems :
1 .
The Parties agree that CRSs will have integrated primary displa
i
a. Information regarding international air services, including th
connections on those services, shall be edited and displayed based on n
and objective criteria that are not influenced, directly or indirectly, by a
identity . Such criteria shall apply uniformly to all participating airlines
consumers of air
d its misleading
competitive
s for which :
construction of
n-discriminatory
rline or market
b. CRS data bases shall be as comprehensive as possible .
c . CRS vendors shall not delete information submitted by participating airlines; such
information shall be accurate and transparent; for example, code-shared
gauge flights and flights with stops should be clearly identified as hav'
characteristics .
d . All CRSs that are available to travel agents who directly di
about airline services to the traveling public in either Party's territory s i
obligated to, but shall also be entitled to, operate in conformance with
apply in the territory where the CRS is being operated .
and change-of-
_ those
'bute information
: 1 not only be
e CRS rules that
e . Travel agents shall be allowed to use any of the secondary di plays available
through the CRS so long as the travel agent makes a specific request for that display .
2 .
A Party shall require that each CRS vendor operating in its territt try allow all airlines
willing to pay any applicable non-discriminatory fee to participate in its CRS. A Party shall
require that all distribution facilities that a system vendor provides shall .e offered on a nondiscriminatory
basis to participating airlines . A Party shall require that RS vendors
display, on a non-discriminatory, objective, carrier-neutral and market-i utral basis, the
international air services of participating airlines in all markets in which they wish to sell
those services . Upon request, a CRS vendor shall disclose details of its I - to base update and
storage procedures, its criteria for editing and ranking information, the eight given to such
criteria, and the criteria used for selection of connect points and inclusio
flights.
of connecting
3 .
CRS vendors operating in the territory of one Party shall be enti ed to bring in,
maintain, and make freely available their CRSs to travel agencies or tra I companies whose
principal business is the distribution of travel-related products in the tern
Party if the CRS complies with these principles .
tory of the other
1 8
4 .
Neither Party shall, in its territory, impose or permit to be imposed on the CRS
vendors of the other Party more stringent requirements with respect to access to and use of
communication facilities, selection and use of technical CRS hardware and software, and the
technical installation of CRS hardware, than those imposed on its own ORS vendors .
5 .
Neither Party shall, in its territory, impose or permit to be imposed on the CRS
vendors of the other Party more restrictive requirements with respect to CRS displays
(including edit and display parameters), operation, or sale than those imposed on its own
CRS vendors .
6 .
CRSs in use in the territory of one Party that comply with these principles and other
relevant non-discriminatory regulatory, technical, and security standard • shall be entitled to
effective and unimpaired access in the territory of the other Party . One pect of this is that
a designated airline shall participate in such a system as fully in its ho and territory as it
does in any system offered to travel agents in the territory of the other
Owners/operators of CRSs of one Party shall have the same opportuni to own/operate
CRSs that conform to these principles within the territory of the other P
as do
owners/operators of that Party . Each Party shall ensure that its airlines d its CRS vendors
do not discriminate against travel agents in their homeland territory bec use of their use or
possession of a CRS also operated in the territory of the other Party .
