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UNITED ARAB REPUBLIC
Air Transport Services
Agreement signed at Cairo May 5,1964 ;
Entered into force provisionally May 5, 1964 .
AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT
OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT
OF THE UNITED ARAB REPUBLIC
The Government of the United States of America and the Government
of the United Arab Republic,
Desiring to conclude an Agreement for the purpose of promoting
air transportation between their respective territories,
Have accordingly appointed authorized representatives for this purpose,
who have agreed as follows
AxTicLE 1
For the purposes of the present Agreement
(a) The term "aeronautical authorities" shall mean in the case of
the United States of America, the Civil Aeronautics Board and any
person or agency authorized to perform the functions exercised at the
present time by the Civil Aeronautics Board and, in the case of the
United Arab Republic, the Department of Civil Aviation and any
person or agency authorized to perform the functions exercised at
DEPARTMENT OF STATE
present by the said Department .
(b) The term "designated airline" shall mean an airline that one
Contracting Party has notified the other Contracting Party, in writ-
[Literal print]
ing, to be the airline which will operate a specific route or routes listed
in the Schedule of this Agreement .
(c) The term "territory" in relation to a State shall mean the land
areas and territorial waters adjacent thereto under the sovereignty,
protection, jurisdiction or trusteeship of that State .
(d) The term "air service" shall mean any scheduled air service
performed by aircraft for the public transport of passengers, mail or
cargo.
(e) The term "international air service" shall mean an air service
which passes through the air space over the territory of more than
one State .
40-996--65
(1)
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(f) The term "stop for non-traffic purposes" shall mean a landing
for any purpose other than taking on or discharging passengers, cargo
or mail .
(g) The term "the Schedule" as used in this Agreement shall mean
the schedule of routes annexed to the present Agreement and shall be
deemed to be part of the Agreement and all references to the Agreement
shall include reference to the Schedule, except where otherwise
expressly provided.
ARTICLE 2
(1) Each Contracting Party grants to the other Contracting Party
the rights specified in the present Agreement for the purpose of establishing
international air services on the routes specified in the appropriate
section of the Schedule thereto .
(2) Subject to the provision of the present Agreement, the airlines
designated by each Contracting Party shall enjoy, in connection
with their operations, the following rights
(a) to fly without landing across the territory of the other Contracting
Party ;
(b) to make stops in the said territory for non-traffic purposes ;
(c)
and
to make stops in the said territory at the points specified for
that route in the Schedule to the present Agreement for the
purpose of putting down and taking on international traffic,
and passengers, cargo and mail.
ARTICLE 3
International air service on a specified route may be inaugurated
by an airline or airlines of one Contracting Party at any time after
that Contracting Party has designated such airline or airlines for that
route and the other Contracting Party has given the appropriate operating
permission. Such other Party shall, subject to Article 4, be
bound to give this permission provided that the designated airline or
airlines may be required to qualify before the competent aeronautical
authorities of that Party, under the laws and regulations normally
applied by these authorities, before being permitted to engage in the
operations contemplated by this Agreement .
ARTICLE 4
Each Contracting Party reserves the right to limit, withhold or revoke
the operating permission provided for in Article 3 of this Agreement
from an airline designated by the other Contracting Party in the
event that it is not satisfied that substantial ownership and effective
control of such airline are vested in nationals of the other Contracting
Party, or in case of failure by such airline to comply with the laws
and regulations referred to in Article 5 hereof, or in the case of the
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failure of an airline or the government designating it otherwise to perform
its obligations hereunder, or to fulfill the conditions under which
the rights are granted in accordance with this Agreement .
Each Contracting Party shall not take action before the intention
to do so is notified to the other Contracting Party and consultation
between the aeronautical authorities of both Contracting Parties has
not led to mutual agreement within a period of twenty-eight days
from the date of the said notification .
ARTICLE 5
(1) The laws and regulations of one Contracting Party relating to
the admission to or departure from its territory of aircraft engaged
in international air navigation, or to the operation and navigation of
such aircraft while within its territory, shall be applied to the aircraft
of the airline or airlines designated by the other Contracting Party,
and shall be complied with by such aircraft upon entering or departing,
from and while within the territory of the first Contracting Party .
(2) The laws and regulations of one Contracting Party relating
to the admission to or departure from its territory of passengers, crew,
or cargo of aircraft, such as regulations relating to entry, clearance,
immigration, passports, customs, and quarantine shall be complied with
by or on behalf of such passengers, crew or cargo of the other Contracting
Party upon entrance into or departure from, and while within
the territory of the first Contracting Party.
ARTICLE 6
Certificates of airworthiness, 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 routes and services provided for in this Agreement,
provided that the requirements under which such certificates
or licenses were issued or rendered valid are equal to or above the
minimum standards which may be established pursuant to the Convention
on International Civil Aviation.['] Each Contracting Party
reserves the right, however, to refuse to recognize, for the purpose of
flight above its own territory, certificates of competency and licenses
granted to its own nationals by another State .
ARTICLE 7
In order to prevent discriminatory practices and to assure equality
of treatment, both Contracting Parties agree that
(a) Each of the Contracting Parties may impose or permit to be
imposed just and reasonable charges for the use of public airports and
other facilities under its control . Each of the Contracting Parties
agrees, however, that these charges shall not be higher than would be
1 TIAS 1591 ; 61 Stat. 1180 .
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paid for the use of such airports and facilities by its national aircraft
engaged in similar international services .
(b) Fuel, lubricating oils, consumable technical supplies, spare
parts, regular equipment, and stores introduced into the territory of
one Contracting Party by the other Contracting Party or its nationals
and intended solely for use by aircraft of such Contracting Party shall
be exempt on a basis of reciprocity from customs duties, inspection
fees and other national duties or charges .
(c) Fuel, lubricating oils, other consumable technical supplies,
spare parts, regular equipment, and stores retained on board aircraft
of the airlines of one Contracting Party authorized to operate the
routes and services provided for in this Agreement shall, upon arriving
in or leaving the territory of the other Contracting Party, be exempt
on a bsis of reciprocity from customs duties, inspection fees
and other national duties or charges, even though such supplies be
used or consumed by such aircraft on flights in that territory .
(d) Fuel, lubricating oils, other consumable technical supplies,
spare parts, regular equipment, and stores taken on board aircraft
of the airlines of one Contracting Party in the territory of the other
and used in international services shall be exempt on a basis of reciprocity
from customs duties, excise taxes, inspection fees and other national
duties or charges .
ARTICLE 8
There shall be a fair and equal opportunity for the airlines of each
Contracting Party to operate on any route covered by this Agreement .
ARTICLE 9
In the operation by the airlines of either Contracting Party of the
trunk services described in this Agreement, the interest of the airlines
of the other Contracting Party shall be taken into consideration so as
not to affect unduly the services which the latter provides on all or
part of the same routes .
ARTICLE 10
The air services made available to the public by the airlines operating
under this Agreement shall bear' a close relationship to the requirements
of the public for such services .
It is the understanding of both Contracting Parties that services
provided by a designated airline under the present Agreement shall
retain as their primary objective the provision of capacity adequate
to the traffic demands between the country of which such airline is a
national and the countries of ultimate destination of the traffic . The
right to embark or disembark on such services international traffic
destined for and coming from third countries at a point or points on
the routes specified in the Schedule annexed to this Agreement shall
be applied in accordance with the general principles of orderly develop-
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went to which both Contracting Parties subscribe and shall be subject
to the general principle that capacity shall be related
(a)
(b)
(c)
5
to traffic requirements between the country of origin and the
countries of ultimate destination of the traffic ;
to the requirements of through airline operation ; and,
to the traffic requirements of the area through which the airline
passes after taking account of local and regional services .
ARTICLE 11
All rates to be charged by an airline of one Contracting Party to
or from points in the territory of the other Contracting Party shall be
established at reasonable levels, due regard being paid to all relevant
factors, such as costs of operation, reasonable profit, and the rates
charged by any other carriers, as well as the characteristics of each
service . Such rates shall be subject to the approval of the aeronautical
authorities of the Parties, who shall act in accordance with their obligations
under this Agreement, within the limits of their legal powers.
Any rate proposed to be charged by an airline of either Contracting
Party for carriage to or from the territory of the other Contracting
Party, shall, if so required, be filed by such airline with the aeronautical
authorities of the other Contracting Party at least thirty (30) days
before the proposed date of introduction unless the Contracting Party
with whom the filing is to be made permits filing on shorter notice .
The aeronautical authorities of each Contracting Party shall use their
best efforts to insure that the rates charged and collected conform to
the rates filed with either Contracting Party, and that no carrier rebates
any portion of such rates, by any means, directly or indirectly
including the payment of excessive sales commissions to agents or the
use of unrealistic currency conversion rates .
It is recognized by both Contracting Parties that during any period
for which either Contracting Party has approved the traffic conference
procedures of the International Air Transport Association, or
other associations of international air carriers, any rate agreements
concluded through these procedures and involving airlines of that Contracting
Party will be subject to the approval of that Contracting
Party.
If a Contracting Party, on receipt of the notification referred to in
paragraph 2 above, is dissatisfied with the rate proposed, it shall so
inform the other Contracting Party at least fifteen (15) days prior to
the date that such rate would otherwise become effective, and the Contracting
Parties shall endeavor to reach agreement on the appropriate
rate.
If a Contracting Party upon review of an existing rate charged for
carriage to or from its territory by an airline of the other Contracting
Party is dissatisfied with that rate, it shall so notify the other Con-
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(a)
(b)
6
tracting Party and the Contracting Parties shall endeavor to reach
agreement on the appropriate rate.
In the event that an agreement is reached pursuant to the provisions
of paragraph 4 or 5, each Contracting Party will exercise its best
efforts to put such rate into effect .
If under the circumstances set forth in paragraph 4 no agreement
can be reached prior to the date that such rate would
otherwise become effective, or
if trader the circumstances set forth in paragraph 5 no agreement
can be reached prior to the expiry of sixty (60) days from
the date of notification
then the Contracting Party raising the objection to the rate may take
such steps as it may consider necessary to prevent the inauguration
or the continuation of the service in question at the rate complained
of, provided, however, that the Contracting Party raising the objection
shall not require the charging of a rate higher than the lowest
rate charged by its own airline or airlines for comparable service
between the same pair of points .
When in any case under paragraphs 4 and 5 of this Article the
aeronautical authorities of the two Contracting Parties cannot agree
within a reasonable time upon the appropriate rate after consultation
initiated by the complaint of one Contracting Party concerning the
proposed rate or an existing rate of the airline or airlines of the other
Contracting Party, upon the request of either, the terms of Article
13 of this Agreement shall apply. In rendering its advisory opinion,
the arbitral tribunal shall be guided by the principles laid down in
this Article .
Unless otherwise agreed between the Parties, each Contracting Party
undertakes to use its best efforts to insure that any rate specified in
terms of the national currency of one of the Parties will be established
in an amount which reflects the effective exchange rate (including all
exchange fees or other charges) at which the airlines of both Parties
can convert and remit the revenues from their transport operations
into the national currency of the other Party .
ARTICLE 12
(1) Consultation between the competent authorities of both Contracting
Parties may be requested at any time by either Contracting
Party for the purpose of discussing the interpretation, application, or
amendment of the Agreement or Route Schedule . Such consultation
shall begin within a period of sixty (60) days from the date of the
receipt of the request by the other Party.
(2) Should agreement be reached on amendment of this Agreement
such amendment shall become effective when it has been approved
in accordance with the procedure set forth in Article 17 of this
Agreement.
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(3) Should agreement be reached on amendment of the Route
Schedule, such agreement shall become effective on the date of an exchange
of diplomatic notes .
(4) A frequent exchange of views will take place between the
aeronautical authorities of the two Parties in order to achieve close
cooperation in all matters concerning the present Agreement .
ARTICLE 13
Except as otherwise provided in this Agreement, any dispute between
the Contracting Parties relative to the interpretation or application
of this Agreement which cannot be settled through consultation shall
be submitted for an advisory report to a tribunal of three arbitrators,
one to be named by each Contracting Party, and the third to be agreed
upon by the two arbitrators so chosen, provided that such third arbitrator
shall not be a national of either Contracting Party . Each of
the Contracting Parties shall designate an arbitrator within two
months of the date of delivery by either Party to the other Party of
a diplomatic note requesting arbitration of a dispute ; and the third
arbitrator shall be agreed upon within one month after such period of
two months.
If either of the Contracting Parties fails to designate its own arbitrator
within two months, or if the third arbitrator is not agreed upon
within the time limit indicated, either Party may request the President
of the International Court of Justice to make the necessary appointment
or appointments by choosing the arbitrator or arbitrators .
The Contracting Parties will use their best efforts under the powers
available to them to put into effect the opinion expressed in any such
advisory report. A moiety of the expenses of the arbitral tribunal
shall be borne by each Party .
ARTICLE 14
This Agreement, all amendments thereto, and contracts connected
therewith shall be registered with the International Civil Aviation
Organization.
ARTICLE 15
If a general multilateral air transport convention accepted by both
Contracting Parties enters into force, the present Agreement shall be
amended so as to conform with the provisions of such convention.
ARTICLE 16
Either of the Contracting Parties may at any time notify the other
of its intention to terminate the present Agreement . Such a notice
shall be sent simultaneously to the International Civil Aviation Organization
. In the event such communication is made, this Agreement
shall terminate one year after the date of its receipt, unless by agreement
between the Contracting Parties the notice of intention to termi-
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nate is withdrawn before the expiration of that time . If the other
Contracting Party fails to acknowledge receipt, notice shall be deemed
as having been received fourteen days after its receipt by the International
Civil Aviation Organization .
ARTICLE 11
This Agreement shall enter into force provisionally on the date of
signature, and shall enter into force definitively thirty (30) days after
the date on which the Government of the United Arab Republic gives
written notification to the Government . of the United States of America
that the constitutional requirements of the United Arab Republic
for definitive entry into force have been fulfilled .
This Agreement shall, upon signature, provisionally replace the
Air Transport Services Agreement signed at Cairo June 15, 1946,[ 1 ]
together with the Annexes thereto, and shall terminate that Agreement
and its Annexes upon the date the present Agreement enters into force
definitively.
In witness thereof, the undersigned, being duly authorized by their
respective Governments, have signed the present Agreement . Done in
duplicate at Cairo this 5h day of May, 1964.
Jolix S. BADEAU
A. SELF
For the Government o f
For the Government o f
the United States o f America
the United Arab Republic
SCHEDULE
1. An airline or airlines designated by the Government of the United
States shall be entitled to operate air services on each of the air routes
specified via intermediate points, in both directions, and to make scheduled
landings in the United Arab Republic at the points specified in
this paragraph
United States to Cairo and thence to Iraq (Basra), Saudi Arabia
(Dhahran), and beyond, via
Ireland, France, Switzerland, Italy, and Greece,
Portugal, Spain, Italy, and Greece,
Portugal, Spain, and North African points, and
Ireland, The United Kingdom, Federal Republic of Germany,
and intermediate points.
2. An airline or airlines designated by the Government of the United
Arab Republic shall be entitled to operate air services on each of the
'TIAS 1727, 3884 ; 61 Stat. (pt. 4) 3825 ; 8 UST 1363 .
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air routes specified via intermediate points in both directions, and to
make scheduled landings in the United States at the points specified in
this paragraph :
United Arab Republic to New York via
Greece, Italy, Switzerland, France, and Ireland,
Greece, Italy, Switzerland, Federal Republic of Germany,
United Kingdom, and Ireland .
3. Points on any of the specified routes may at the option of the
designated airline be omitted on any or all flights .
(a)
(b)
U,S . GOVERNMENT PRINTING OFFICE .IRRU
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