U.S.-Egypt Air Transport Agreement of May 5, 1964

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington, D.C., 20402 - Price 10 cents

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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