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Annex III of U.S.-Mexico Air Transport Agreement of February 2, 2005


February 2, 2005

   
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AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED MEXICAN STATES AMENDING THE AIR TRANSPORT AGREEMENT OF AUGUST 15,1960, AS AMENDED AND EXTENDED

The Government of the United States of America and the Government of the United Mexican States, hereinafter the Parties,

Recalling the Air Transport Agreement between the Parties of August 15, 1960, as amended and extended (hereinafter, "the Agreement"),

Desiring to expand the Agreement to provide for cooperative marketing arrangements, and

Recognizing the benefits of amending the Agreement to provide a simplified procedure for carriers operating programs of charter flights,

Have agreed as follows :

Article I
1 . Point c of paragraph 1 of Annex II of the Agreement shall be replaced with the following:
c. In the case of individual charter flights and charter flight programs or series of flights, each Party's airlines which are in possession of the corresponding permits issued by the Government of Mexico and the Government of the United States that have all of their documents in order and that have complied with all of the established requirements, may perform charter flights of passengers or of cargo between both territories, presenting a flight notification form : (1) at least 24 hours in advance of an individual charter or in advance of the first flight in a charter flight program or series of flights involving fewer than ten flights ; or (2) at least five working days in advance of the first flight in a charter flight program or series of flights involving ten or more flights . Notifications may be submitted within a shorter period of time at the discretion of the receiving Party . Each Party shall make its best efforts to facilitate the authorization of a charter flight program or series of flights for which notice was not timely filed .
2. Points f and g of paragraph 1 of Annex II shall be deleted .
3 . An Annex III shall be added to the Agreement to read as follows :

Annex III

COOPERATIVE MARKETING ARRANGEMENTS

1 . In operating or holding out the authorized services on the agreed routes, any designated airline of one Party may enter into cooperative marketing arrangements with an airline or airlines of either Party, provided that all airlines in such arrangements 1) hold the appropriate authority and 2) meet the requirements normally applied to such arrangements .
2. In addition to designations provided for in paragraph 4, Section B, of Annex I of the Agreement, either Party shall have the right to authorize its airlines to exercise the rights in paragraph 1, above, to hold out scheduled services on any or all segments of the routes in Section A (Route Schedule: Combination Service) or Section C (Route Schedule : All-Cargo Service), of Annex I of the Agreement, as applicable, by placing the airline's code on services of an airline or airlines of either Party having authority to operate on the relevant segment . With respect to services on each non-stop gateway city pair segment between the territories of the Parties, each Party shall have the right to grant such authorization to no more than four of its airlines for each non-stop gateway city pair segment. Each authorizing Party shall notify the other Party in writing of its airlines so authorized and the non-stop gateway city pair segments for which code-share authority has been given .

Article II

1. This Agreement shall enter into force on the date on which the Parties notifyone another, through diplomatic channels, of the completion of the requirements of their national legislation .
2. This Agreement shall be applied provisionally upon signature.



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