printable banner

U.S. Department of State - Great Seal

U.S. Department of State

Diplomacy in Action

12973 Netherlands - Agreement Relating to Air Transport Between the Netherlands Antilles and the United States


   
Share

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12973

 

 

AVIATION

Transport Services

 

 


Agreement Between the
UNITED STATES OF AMERICA
and the NETHERLANDS


Signed at Washington July 14, 1998

with

Annexes

and

Amending Agreement

Effected by Exchange of Notes
At Washington July 27 and
November 27, 2007

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

NETHERLANDS

Aviation: Transport Services

Agreement signed at Washington July 14, 1998;
Entered into force February 16, 1999.
With annexes.
And amending agreement.
Effected by exchange of notes
At Washington July 27 and November 27, 2007;
Entered into force April 28, 2008.

AIR TRANSPORT AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE KINGDOM OF THE NETHERLANDS
IN RESPECT OF THE NETHERLANDS ANTILLES
RELATING TO AIR TRANSPORT
BETWEEN
THE NETHERLANDS ANTILLES
AND
THE UNITED STATES OF AMERICA
The United States of America and the Kingdom of the Netherlands in respect of the
Netherlands Antilles (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 shipping 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 of 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 for 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 States, the Department of
Transportation, and in the case of the Kingdom of the Netherlands, the Minister of Transport
and Communications of the Netherlands Antilles, and any person or body authorized to perform
any functions at present exercised by said authorities;
2. "Agreement" means this Agreement, its Annexes, and any amendments thereto;
3. "Airline(s)" when referring to the airline(s) of a Party, shall mean United States airlines in
the case of the United States and Netherlands Antilles airlines in the case of the Kingdom of the
Netherlands.
4. "Air transportation" means the public carriage by aircraft of passengers, baggage, cargo, and
mail, separately or in combination, for remuneration or hire;
5. "Convention" means the Convention on International Civil Aviation, opened for signature at
Chicago on December 7, 1944, and includes:
a. any amendment that has entered into force under Article 94(a) of the Convention and
has been ratified by both Parties, and
b. any Annex or any amendment thereto adopted under Article 90 of the Convention,
insofar as such Annex or amendment is at any given time effective for both Parties;
6. "Designated airline" means an airline designated and authorized in accordance with Article 3
of this Agreement;
7. "Full cost" means the cost of providing service plus a reasonable charge for administrative
overhead;
8. "Implementing Entity" means, in the case of the United States, the Government of the
United States, and in the case of the Kingdom of the Netherlands, the Government of the
Netherlands Antilles.
9. "International air transportation" means air transportation that passes through the airspace
over the territory of more than one State;
10. "National" in the case of the United States means nationals of the United States, and in the
case of the Kingdom of the Netherlands its nationals who are permanent residents of the
Netherlands Antilles.
11. "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;
3
12. "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;
13. "Territory" in the case of the United States means the land areas under its sovereignty,
jurisdiction, protection, or trusteeship, and the territorial waters adjacent thereto; and in the case
of the Kingdom of the Netherlands means the land area of the Netherlands Antilles and the
territorial waters adjacent thereto; and
14. "User charge" means a charge imposed on airlines for the provision of airport, air
navigation, or aviation security facilities or services including related services and facilities.
Article 2
Grant of Rights
1. Each Party grants to the other Party the following rights for the conduct of international air
transportation by the designated 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 or airlines of one Party the
rights to take on board, in the territory of the other Party, passengers, their baggage, cargo, or
mail carried for compensation and destined for another point in the territory of that other Party.
Article 3
Designation and Authorization
1. The Governments of the United States and the Netherlands Antilles shall have the right to
designate as many airlines as they wish 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 Party 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 minimum procedural delay,
provided:
a. substantial ownership and effective control of that airline are vested in the
government designating the airline, Nationals of the Party, or both;
b. the designated airline is qualified to meet the conditions prescribed under the laws
and regulations normally applied to the operation of international air transportation by
the Party considering the application or applications; and
4
c. the government designating the airline is maintaining and administering 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 authorizations or technical
permissions of an airline designated by the other Party where:
a. substantial ownership and effective control of that airline are not vested in the other
designating government, 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 standards as set forth in
Article 6 (Safety).
2. Unless immediate action is essential to prevent further noncompliance with subparagraphs
1b or 1c of this Article, the rights established by this Article shall be exercised only after
consultation with the other Party.
3. This Article does not limit the rights of either Party to withhold, revoke, 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 laws and regulations relating
to the operation and navigation of aircraft shall be complied with by the other Party's airlines.
2. While entering, within, or leaving the territory of one Party, its laws and regulations relating
to the admission to or departure from its territory of passengers, crew or cargo on aircraft
(including regulations relating to entry, clearance, aviation security, immigration, passports,
customs and quarantine or, in the case of mail, postal regulations) shall be complied with by, or
on behalf of, such passengers, crew or cargo of the other Party's airlines.
Article 6
Safety
1. Each Party shall recognize as valid, for the purpose of operating the air transportation
provided for in this Agreement, certificates of airworthiness, certificates 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, refuse to recognize as valid for the
purpose of flight above its own territory, certificates of competency and licenses granted to or
validated for its own Nationals by the other Party.
5
2. Either Party may request consultations concerning the safety standards maintained by the
other Party relating to aeronautical facilities, aircrews, aircraft, and operation of the designated
airlines. If, following such consultations, one Party finds that the other Party does not
effectively maintain and administer safety standards and requirements in these areas that at least
equal the minimum standards that may be established pursuant 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 Party 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 designated by the other Party in the event the other Party
does not take such appropriate corrective action within a reasonable time.

1. In accordance with their rights and obligations under international law, the 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 Parties shall in particular act in
conformity with the provisions of the Convention on Offenses and Certain Other Acts
Committed on Board Aircraft, done at Tokyo on September 14, 1963, the Convention for the
Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970, the
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at 1
Montreal on September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of
Violence at Airports Serving International Civil Aviation, done at Montreal on February 24,
1988.
2. The 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, of
their passengers and crew, and of airports and air navigation facilities, and to address any other
threat to the security of civil air navigation.
3. The Parties shall, in their mutual relations, act in conformity with the aviation security
provisions established by the International Civil Aviation Organization and designated as
Annexes to the Convention; 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 of 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 other 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 boarding 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 aircraft or other unlawful
acts against the safety of passengers, crew, aircraft, airports or air navigation facilities occurs,
the Parties shall assist each other by facilitating communications and other appropriate
measures intended to terminate rapidly and safely such incident or threat.
Article 7
Aviation Security
6
6. When a Party has reasonable grounds to believe that the other Party has departed from the
aviation security provisions of this Article, the aeronautical authorities of that Party may
request immediate consultations with the aeronautical authorities of the other Party. Failure to
reach a satisfactory agreement within 15 days from the date of such request shall constitute
grounds to withhold, revoke, limit, or impose conditions on the operating authorization and
technical permissions of an airline or airlines of that Party. When required by an emergency, a
Party may take interim action prior to the expiry of 15 days.
Article 8
Commercial Opportunities
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 accordance with the laws and
regulations of the other Party relating to entry, residence, and employment, to bring in and
maintain in the territory of the other Party managerial, sales, technical, operational, and other
specialist staff required for the provision of air transportation.
3. Each designated airline shall have the right to perform its own ground-handling in the
territory of the other Party ("self-handling") or, at its option, select among competing agents for
such services in whole or in part. The rights shall be subject only to physical constraints
resulting from considerations of airport safety. Where such considerations preclude self-
handling, ground services shall be available on an equal basis to all airlines; charges shall be
based on the costs of services provided; and such services shall be comparable to the kind and
quality of services as if self-handling were possible.
4. Any airline of each Party may engage in the sale of air transportation in the territory of the
other Party directly and, at the airline's discretion, through its agents, except as may be
specifically provided by the charter regulations of the country in which the charter originates
that relate to the protection of passenger funds, and passenger cancellation and refund rights.
Each airline shall have the right to sell such transportation, and any person shall be free to
purchase such transportation, in the currency of that territory or in freely convertible currencies.
5. Each airline shall have the right to convert and remit to its country, on demand, local
revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted
promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to
current transactions and remittance on the date the carrier makes the initial application for
remittance.
6. 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 routes, any designated
airline of one Party may enter into cooperative marketing arrangements such as blocked-space,
code-sharing or leasing arrangements, with
7
a. an airline or airlines of either Party; and
b. an airline or airlines of a third country, provided that such third country authorizes or
allows comparable arrangements between the airlines of the other Party and other
airlines on services to, from and via such third country;
provided that all airlines in such arrangements (1) hold the appropriate authority and (2) meet
the requirements normally applied to such arrangements.
8. Notwithstanding any other provision of this Agreement, airlines and indirect providers of
cargo transportation of both Parties shall be permitted, without restriction, to employ in
connection with international air transportation any surface transportation for cargo to or from
any points in the territories of the Parties or in third countries, including transport to and from
all airports with customs facilities, and including, where 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 processing and facilities. Airlines may elect to perform
their own surface transportation or to provide it through arrangements with other surface
carriers, including surface transportation operated 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 concerning such transportation.
Article 9
Customs Duties and Charges
1. On arriving in the territory of one Party, aircraft operated in international air transportation
by the designated airlines of the other Party, their regular equipment, ground equipment, fuel,
lubricants, consumable technical supplies, spare parts (including engines), aircraft stores
(including but not limited to such items of food, beverages and liquor, tobacco and other
products destined for sale to or use by passengers in limited quantities during flight), and other
items intended for or used solely in connection with the operation or servicing of aircraft
engaged in international air transportation shall be exempt, on the basis of reciprocity, from all
import restrictions, property taxes and capital levies, customs duties, excise taxes, and similar
fees and charges that are (1) imposed by the National authorities, and (2) not based on the cost
of services provided, provided that such equipment 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 I 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 be used
on a part of the journey performed over the territory of the Party in which they are taken
on board;
b. ground equipment and spare parts (including engines) introduced into the territory of
a Party for the servicing, maintenance, or repair of aircraft of an airline of the other
Party used in international air transportation; and
8
c. fuel, lubricants and consumable technical supplies introduced into or supplied in the
territory of a Party for use in an aircraft of an airline of the other Party engaged in
international air transportation, even when these supplies are to be used on a part of the
journey performed over the territory of the Party in which they are taken on board.
d. promotional and advertising materials introduced into or supplied 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 Party in
which they are taken on board.
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 similarly 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 authorities or bodies of each
Party on the airlines of the other Party shall be just, reasonable, not unjustly discriminatory, and
equitably apportioned among categories of users. In any event, any such user charges shall be
assessed on the airlines of the other Party on terms not less favorable than the most favorable
terms available to any other airline at the time the charges are assessed.
2. User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the
full cost to the competent charging authorities or bodies of providing the appropriate airport,
airport environmental, air navigation, and aviation security facilities and services at the airport
or within the airport system. Such full cost may include a reasonable return on assets, after
depreciation. Facilities and services for which charges are made shall be provided on an
efficient and economic basis.
3. Each Party shall encourage consultations between the competent charging authorities or
bodies in its territory and the airlines using the services and facilities, and shall encourage the
competent charging authorities or bodies and the airlines to exchange such information as may
be necessary to permit an accurate review of the reasonableness of the charges in accordance
with the principles of paragraphs I and 2 of this Article. Each Party shall encourage the
competent charging authorities to provide users with reasonable notice of any proposal for
changes in user charges to enable users to express their views before changes are made.
4. Neither Party shall be held, in dispute resolution procedures pursuant 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.
9
Article 11
Fair Competition
1. Each Party shall allow a fair and equal opportunity for the designated airlines of both Parties
to compete in providing the international air transportation governed by this Agreement.
2. Each Party shall allow each designated airline to determine the frequency and capacity of the
international air transportation it offers based upon commercial considerations in the
marketplace. Consistent with this right, neither Party shall unilaterally limit the volume of
traffic, frequency or regularity of service, or the aircraft type or types operated by the
designated airlines of the other Party, except as may be required for customs, technical,
operational, or environmental reasons under uniform conditions consistent with Article 15 of
the Convention.
3. Neither Party shall impose on the other Party's designated airlines a first-refusal
requirement, uplift ratio, no-objection fee, or any other requirement with respect to capacity,
frequency or traffic that would be inconsistent with the purposes of this Agreement.
4. Neither Party shall require the filing of schedules, programs for charter flights, or
operational plans by airlines of the other Party for approval, except as may be required on a
non-discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 of this
Article or as may be specifically authorized in an Annex to this Agreement. If a Party requires
filings for information purposes, it shall minimize the administrative burdens of filing
requirements and procedures on air transportation intermediaries and on designated airlines of
the other Party.
Article 12
Pricing
1. Each Party shall allow prices for air transportation to be established by each designated
airline based upon commercial considerations in the marketplace. Intervention by the Parties
shall be limited to:
a. prevention of unreasonably discriminatory prices or practices;
b. protection of consumers from prices that are unreasonably high or restrictive due to
the abuse of a dominant position; and
c. protection of airlines from prices that are artificially low due to direct or indirect
governmental subsidy or support.
2. Each Party may require notification to or filing with its aeronautical authorities of prices to
be charged to or from its territory by airlines of the other Party. Notification or filing by the
airlines of both Parties may be required no more than 30 days before the proposed date of
effectiveness. In individual cases, notification or filing may be permitted on shorter notice than
normally required. Neither Party shall require the notification or filing by airlines of the other
Party of prices charged by charterers to the public, except as may be required on a non-
discriminatory basis for information purposes.
10
3. Neither Party shall take unilateral action to prevent the inauguration or continuation of a
price proposed to be charged or charged by (1) an airline of either Party for international air
transportation between the territories of the Parties, or (2) an airline of 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. If either Party believes
that any such price is inconsistent with the considerations set forth in paragraph 1 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 not later than 30 days after
receipt of the request, and the Parties shall cooperate in securing information 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 best efforts to put that
agreement into effect. Without such mutual agreement, the price shall 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 of 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 below.
2. 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
one arbitrator. Within 60 days after these two arbitrators have been named, they shall
by agreement appoint a third arbitrator, who shall act as President of the arbitral
tribunal;
b. If either Party fails to name an arbitrator, or if the third arbitrator 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 appoint 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 not
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 own procedural rules. The tribunal,
once formed, may recommend interim relief measures pending its final determination. At the
11
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 specific procedures to be followed shall be held not later
than 15 days after the tribunal is fully constituted.
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 either 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 days after completion of the
hearing or, if no hearing is held, after the date both replies are submitted. The decision of the
majority of the tribunal shall prevail.
6. The Parties may submit requests for clarification of the decision within 15 days after it is
rendered and any clarification given shall be issued within 15 days of such request.
7. Each Party shall, to the degree consistent with national law, give full effect to any decision
or award of the arbitral tribunal.
8. The expenses of the arbitral tribunal, including the fees and expenses 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 connection with the procedures of paragraph 2b of
this Article shall be considered to be part of the expenses of the arbitral tribunal.
Article 15
Termination
Either Party may, at any time, give notice in writing to the other Party of its decision to
terminate this Agreement. Such notice shall be sent simultaneously to the International Civil
Aviation Organization. This Agreement shall terminate at midnight (at the 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 by agreement of the Parties before
the end of this period.
Article 16
Registration with ICAO
This Agreement and all amendments thereto shall be registered with the International Civil
Aviation Organization.
Article 17
Entry into Force
T
This Agreement shall be applied provisionally upon signature and shall enter into force upon an
exchange of notes following the completion of all necessary internal procedures by the Parties.
Upon entry into force, this Agreement shall supersede the Air Transport Agreement between
the Government of the United States of America and the Government of the Kingdom of the
12
Netherlands, signed at Washington, April 3, 1957, as amended and extended, as far as the
relation between the United States of America and the Netherlands Antilles is concerned.
As regards the Kingdom of the Netherlands, this Agreement shall apply to the Netherlands
Antilles only.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE at Washington, in duplicate, this fourteenth day of July, 1998.
FOR THE UNITED STATES
OF AMERICA:
FOR THE KINGDOM OF THE NETHERLANDS
IN IN RESPECT OF THE NETHERLANDS ANTILLES:
ANNEX I
Scheduled Air Transportation
SECTION 1
Routes
Airlines of each Implementing Entity designated under this Annex shall, in accordance with the
terms of their designation, be entitled to perform scheduled international air transportation
between points on the following routes:
A. Routes for the airline or airlines designated by the Government of the United States:
1. From points behind the United States via the United States and intermediate points to a
point or points in the Netherlands Antilles and beyond.
2. For all-cargo service or services, between the Netherlands Antilles and any point or
points.
B. Routes for the airline or airlines designated by the Government of the Netherlands
Antilles:
1. From points behind the Netherlands Antilles via the Netherlands Antilles and
intermediate points to a point or points in the United States and beyond.
2. For all-cargo service of services, between the United States and any point or points.
SECTION 2
Operational Flexibility
Each designated airline may, on any or all flights and at its option:
1. Operate flights in either or both directions;
2. Combine different flight numbers within one aircraft operation;
3. Serve behind, intermediate, and beyond points and points in the territories of the
Implementing Entities on the routes in any combination and in any order;
4. Omit stops at any point or points; and
5. Transfer traffic from any of its aircraft to any of its other aircraft at any point on the
routes;
6. Serve points behind any point in its territory with or without change of aircraft or flight
number and may hold out and advertise such services to the public as through services:
Without directional or geographic limitation and without loss of any right to carry traffic
otherwise permissible under this Agreement; provided that, with the exception of all-cargo
2
services, the service serves a point in the territory of the Implementing Entity designating the
airline.
SECTION 3
Change of Gauge
On any segment or segments of the routes above, any designated airline may perform
international air transportation without any limitation as to change, at any point on the route, in
type or number of aircraft operated; provided that, with the exception of all-cargo services, in
the outbound direction, the transportation beyond such point is a continuation of the
transportation from the territory of the Implementing Entity that has designated the airline and,
in the inbound direction, the transportation to the territory of the Implementing Entity that has
designated the airline is a continuation of the transportation from beyond such point.
ANNEX II
Charter Air Transportation
SECTION I
Airlines of each Implementing Entity designated under this Annex shall, in accordance with the
terms of their designation, have the right to carry international charter traffic of passengers (and
their accompanying baggage) and/or cargo (including, but not limited to, freight forwarder,
split, and combination (passenger/cargo) charters):
Between any point or points in the territory of the Implementing Entity that has designated the
airline and any point or points in the territory of the other Implementing Entity; and
Between any point or points in the territory of the other Implementing Entity and any point or
points in a third country or countries, provided that, except with respect to cargo charters, such
service constitutes part of a continuous operation, with or without a change of aircraft, that
includes service to the homeland for the purpose of carrying local traffic between the homeland
and the territory of the other Implementing Entity.
In the performance of services covered by this Annex, airlines of each Implementing Entity
designated under this Annex shall also have the right: (I) to make stopovers at any points
whether within or outside of the territory of either Implementing Entity; (2) to carry transit
traffic through the other Implementing Entity's territory; (3) to combine on the same aircraft
traffic originating in one Implementing Entity's territory, traffic originating in the other
Implementing Entity's territory, and traffic originating in third countries; and (4) to perform
international air transportation without any limitation as to change, at any point on the route, in
type or number of aircraft operated; provided that, except with respect to cargo charters, in the
outbound direction, the transportation beyond such point is a continuation of the transportation
from the territory of the Implementing Entity that has designated the airline and in the inbound
direction, the transportation to the territory of the Implementing Entity that has designated the
airline is a continuation of the transportation from beyond such point.
Each Implementing Entity shall extend favorable consideration to applications by airlines of the
other Implementing Entity to carry traffic not covered by this Annex on the basis of comity and
reciprocity.
SECTION 2
Any airline designated by either Implementing Entity performing international charter air
transportation originating in the territory of either Implementing Entity, whether on a one-way
or round-trip basis, shall have the option of complying with the charter laws, regulations, and
rules either of its homeland or of the other Implementing Entity. If an Implementing Entity
applies different rules, regulations, terms, conditions, or limitations to one or more of its .
airlines, or to airlines of different countries, each designated airline shall be subject to the least
restrictive of such criteria.
However, nothing contained in the above paragraph shall limit the rights of either
Implementing Entity to require airlines designated under this Annex by either Implementing
2
Entity to adhere to requirements relating to the protection of passenger funds and passenger
cancellation and refund rights.
SECTION 3
Except with respect to the consumer protection rules referred to in the preceding paragraph
above, neither Implementing Entity shall require an airline designated under this Annex by the
other Implementing Entity, in respect of the carriage of traffic from the territory of that other
Implementing Entity or of a third country on a one-way or round-trip basis, to submit more than
a declaration of conformity with the applicable laws, regulations and rules referred to under
section 2 of this Annex or of a waiver of these laws, regulations, or rules granted by the
applicable aeronautical authorities.
ANNEX III
Principles of Non-Discrimination Within and
Competition among Computer Reservations Systems
Recognizing that Article 11 (Fair Competition) of this Agreement guarantees the airlines of
both Implementing Entities "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 manner, and that, therefore, the
quality of information about airline services available to travel agents who directly distribute
such information to the traveling public and the ability of an airline to offer those agents
competitive computer reservations systems (CRSs) represent the foundation for an airline's
competitive opportunities, and
Considering that it is equally necessary to ensure that the interests of the consumers of air
transport products are protected from any misuse of such information and its misleading
presentation and that airlines and travel agents have access to effectively competitive computer
reservations systems:
1. The Implementing Entities agree that CRSs will have integrated primary displays for which:

a. Information regarding international air services, including the construction of
connections on those services, shall be edited and displayed based on non-
discriminatory and objective criteria that are not influenced, directly or indirectly, by
airline or market identity. Such criteria shall apply uniformly to all participating
airlines.
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 and change-of-
gauge flights and flights with stops should be clearly identified as having those
characteristics.
d. All CRSs that are available to travel agents who directly distribute information about
airline services to the traveling public in either Implementing Entity's territory shall not
only be obligated to, but shall also be entitled to, operate in conformance with the CRS
rules that apply in the territory where the CRS is being operated.
e. Travel agents shall be allowed to use any of the secondary displays available through
the CRS so long as the travel agent makes a specific request for that display.
2. An Implementing Entity shall require that each CRS vendor operating in its territory allow
all airlines willing to pay any applicable non-discriminatory fee to participate in its CRS. An
Implementing Entity shall require that all distribution facilities that a system vendor provides
shall be offered on a non-discriminatory basis to participating airlines. An Implementing Entity
shall require that CRS vendors display, on a non-discriminatory, objective, carrier-neutral and
market-neutral basis, the international air services of participating airlines in all markets in
2
which they wish to sell those services. Upon request, a CRS vendor shall disclose details of its
data base update and storage procedures, its criteria for editing and ranking information, the
weight given to such criteria, and the criteria used for selection of connect points and inclusion
of connecting flights.
3. CRS vendors operating in the territory of one Implementing Entity shall be entitled to bring
in, maintain, and make freely available their CRSs to travel agencies or travel companies whose
principal business is the distribution of travel-related products in the territory of the other
Implementing Entity if the CRS complies with these principles.
4. Neither Implementing Entity shall, in its territory, impose or permit to be imposed on the
CRS vendors of the other Implementing Entity 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 CRS
vendors.
5. Neither Implementing Entity shall, in its territory, impose or permit to be imposed on the
CRS vendors of the other Implementing Entity 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 Implementing Entity that comply with these principles
and other relevant non-discriminatory regulatory, technical, and security standards shall be
entitled to effective and unimpaired access in the territory of the other Implementing Entity.
One aspect of this is that a designated airline shall participate in such a system as fully in its
homeland territory as it does in any system offered to travel agents in the territory of the other
Implementing Entity. Owners/operators of CRSs of one Implementing Entity shall have the
same opportunity to own/operate CRSs that conform to these principles within the territory of
the other Implementing Entity as do owners/operators of that Implementing Entity. Each
Implementing Entity shall ensure that its airlines and its CRS vendors do not discriminate
against travel agents in their homeland territory because of their use or possession of a CRS
also operated in the territory of the other Implementing Entity.
The Department of State refers the Royal Netherlands Embassy to the Air
Transport Agreement between the United States of America and the Kingdom
of the Netherlands in respect of the Netherlands Antilles Relating to Air
Transport Between the Netherlands Antilles and the United States of America,
signed at Washington July 14, 1998 (the "Agreement").
In light of discussions between the two governments concerning removal
from the Agreement of provisions relating to regulation of computer reservation
systems, the Department of State, on behalf of the Government of the United
States of America, proposes that Annex III to the Agreement be deleted. If the
Kingdom of the Netherlands concurs with this proposal, the Department further
proposes that this note and the Embassy's affirmative note in reply shall
constitute an agreement on this subject between the United States of America
and the Kingdom of the Netherlands in respect of the Netherlands Antilles
which shall enter into force on the date of the Embassy's note in reply.
Department of State,
Washington,
JUL 2 7 2007
DIPLOMATIC NOTE
Ambassade van het
Koninkrijk der Nederlanden
The Royal Netherlands Embassy has the honour to refer to the Note of 27 July 2007 of
the Department of State relating to the Air Transport Agreement between the United States of
America and the Kingdom of the Netherlands in respect of the Netherlands Antilles Relating
to Air Transport Between the Netherlands Antilles and the United States of America, signed
at Washington July 14, 1998 (the "Agreement").
The Embassy confirms that concerning the removal from the Agreement of the
provisions relating to regulation of computer reservation systems, the proposal to delete
Annex III to the Agreement is acceptable to the Government of the Kingdom of the
Netherlands.
The Embassy furthermore confirms that the Department's note and this note in reply
shall constitute an agreement on this subject between the Kingdom of the Netherlands in
respect of the Netherlands Antilles and the United States of America. It shall enter into force
only after the Kingdom of the Netherlands has notified the United States of America in
writing through diplomatic channels that its constitutional requirements for the entry into
force have been complied with.
The Royal Netherlands Embassy avails itself of this opportunity to renew to
the Department of State the assurances of its highest consideration.
Washington, DC
27 November 2007
US Department of State
Office of Aviation Negotiations
2201 C Street, NW
Washington, DC 20520



Back to Top
Sign-in

Do you already have an account on one of these sites? Click the logo to sign in and create your own customized State Department page. Want to learn more? Check out our FAQ!

OpenID is a service that allows you to sign in to many different websites using a single identity. Find out more about OpenID and how to get an OpenID-enabled account.