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13042 Ireland - Agreement on Technical Cooperation in Civil Aviation Matters


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13042

 

 

AVIATION

Cooperation

 

 


Agreement Between the
UNITED STATES OF AMERICA
and IRELAND

 

 

Signed at Dublin June 11, 1999

 

 

 

 


 

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.”

 

IRELAND

Aviation: Cooperation

Agreement signed at Dublin June 11, 1999;
Entered into force June 11, 1999.

AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF IRELAND
ON TECHNICAL CO-OPERATION IN CIVIL AVIATION MATTERS
The Government of the United States of America and the Government of Ireland, hereinafter
referred to as the Parties;
Desiring to encourage the development of civil aeronautics and safety of air commerce between
the United States and Ireland; and
Recognising that the Federal Aviation Administration (FAA) of the Department of Transportation
of the United States of America and the Irish Aviation Authority (IAA) have as a common purpose
the promotion and development of technical co-operation in civil aviation; and
Considering that the FAA is authorised to develop, modify, test, and evaluate systems, procedures,
facilities and devices to meet the needs for safe and efficient systems in civil aviation and to enter
into co-operative agreements to achieve this objective; and
Considering that the IAA is authorised to undertake research and development relating to the
functions of the Authority, and to participate with others, including governments of other states,
in such activities.
Agree as follows:-
2
ARTICLE 1
PURPOSE OF AGREEMENT
This Agreement establishes the terms and conditions for mutual co-operation in the promotion and
development of civil aviation.
For this purpose the Parties may, subject to the availability of funds and necessary resources,
provide personnel, resources and related services to co-operate to the extent called for in the
annexes and appendices to this Agreement.
This objective may be achieved by co-operation in any of the following areas:
• The exchange of information regarding programmes and projects, research results
or publications.
The execution of joint analyses.
• The co-ordination of research and development programmes and projects and their
execution based on shared effort.
The exchange of scientific and technical staff.
• The exchange of specific equipment and systems for research activities and
compatibility studies.
• The joint organisation of symposia or conferences.
Reciprocal consultations with the aim of establishing concerted action in
appropriate international bodies.
The Authorities responsible for implementing this Agreement (hereinafter, the implementing
Authorities) shall be the FAA, for the Government of the United States of America, and the
IAA, for the Government of Ireland.
ARTICLE 2
IMPLEMENTATION
This Agreement shall be implemented through technical annexes and appendices, which, shall
form part of this Agreement when mutually agreed in writing and signed by both implementing
authorities.
3
The Parties acting through the implementing authorities shall meet periodically to discuss
proposals for new co-operative activities. A joint review of the status of ongoing activities, which
are the subject of the annexes and appendices to this Agreement, shall be conducted at such
intervals as mutually agreed by the implementing authorities.
The designated offices for the co-ordination and management of this Agreement and where all
requests for services under this Agreement shall be made are:
1. For the Government of the United States:
Federal Aviation Administration
Office of International Aviation, ALA-300
800 Independence Ave., S.W.
Washington, D.C. 20591
Telephone: 202-267-3213
Facsimile: 202-267-5032
2. For the Government of Ireland:
Irish Aviation Authority
Aviation House
Hawkins Street
Dublin 2
Telephone: 01 - 6718655
Facsimile: 01 - 6792934
Technical programme liaisons for specific activities shall be established as indicated in the
annexes and appendices to this Agreement.
ARTICLE 3
EXCHANGE OF PERSONNEL
The implementing authorities may exchange technical personnel as required to pursue the
activities described in the annexes and appendices. All such exchanges shall be in accordance
with the terms and conditions set forth in those annexes and appendices. Such personnel shall
perform work as mutually agreed by the implementing authorities in the annexes and appendices.
Such personnel may be from either or both of the implementing authorities, supporting
Government agencies, or contractors for either or both of the implementing authorities, as mutually
agreed.
4
ARTICLE 4
EQUIPMENT AND LOAN ARRANGEMENTS
Equipment may be lent pursuant to the terms and conditions as specified in the annexes and
appendices of this Agreement. The following general provisions shall apply to all loans of
equipment unless otherwise specified.
• The lender shall, at the borrowers expense, transport any equipment to the borrower's
designated location, identifying its value.
• The borrower shall assume custody and possession of said equipment upon its delivery to
the designated receiving point.
• Upon completion of use or expiration or termination of the pertinent appendix or annex to
the Agreement, the borrower will return the equipment to the lender at the borrower's
expense. The equipment shall remain in the custody of the borrower omit returned to the
lender's designated receiving point.
• The borrower shall be responsible for insta lling the equipment at the borrower's location.
• The lender and the borrower shall co-operate in securing any export licenses and other
documents required for the shipment of the equipment.
• The lender shall assist the borrower in locating sources of supplies for common items and
parts peculiar which are not readily available to the borrower.
• The borrower shall place and install equipment in accordance with the agreed programme
plan, as shown in the annex or appendix.
During the period of the loan the borrower shall operate and maintain equipment in proper
condition, ensure operability of the equipment and permit inspection by the lender at any
reasonable time.
• In the event of loss or damage of any equipment lent under this Agreement and for which
the borrower has assumed custody and possession, the borrower shall compensate the
lender for value (as identified by the lender) of items lost or damaged.
Any equipment exchanged under this Agreement shall be solely for research or
developmental purposes and shall not be used in any way whatsoever for active civil
aviation or other operational use.
Any transfers of technology, equipment or other items pursuant to this Agreement shall
be subject to the applicable laws and policies of the Parties.
5
ARTICLE 5
FUNDING
Unless otherwise specified in the annexes or appendices, each Party shall assume the cost of work
to be done by it, in accordance with specific tasks identified in the annexes and appendices.
The FAA has assigned Number NAT-1-3361 to identify this co-operative programme and shall
be referenced in all correspondence related to this Agreement.
ARTICLE 6
RIGHTS
Except as required by applicable law, none of the Parties or their implementing authorities shall
release any information or material pertinent to the tasks, or related to the agreed programme, to
third parties other than contractors or subcontractors engaged in the programme.
ARTICLE 7
LIABILITY
Specific provisions concerning claims and liability, contracting, exchanges or attachments of
personnel, the loan of equipment or software, disclosure and use of information and third party
sales and transfers shall be included in annexes and appendices as necessary.
ARTICLE 8
AMENDMENTS
This Agreement may be amended by mutual consent of the Parties. The details of any such
amendment shall be memoralized by written agreement signed by both Parties.
The annexes and appendices may be amended by mutual consent of the implementing authorities.
The details of any such amendment shall be memoralized by written agreement signed by both
implementing authorities.
6
ARTICLE 9
RESOLUTION OF DISAGREEMENTS
Any disagreement regarding the interpretation or the application of this Agreement or its annexes
or appendices shall be resolved by consultation between the Parties or their implementing
authorities, as appropriate, and shall not be referred to any international tribunal or third party for
settlement.
ARTICLE 10
ENTRY INTO FORCE AND TERMINATION
This Agreement shall enter into force on the date of signature and shall remain in force until
terminated.
Either Party may notify the other Party that it is terminating the Agreement. Such notification
shall be by way of diplomatic note and shall take effect sixty days (60) after its receipt by the other
Party. Termination of this Agreement shall not affect existing obligations of the Parties under
Articles 5, 6, 7, and 9. Each Party shall have one hundred and twenty days (120) to close out its
activities following termination of this Agreement or its annexes or appendices. Termination of
this Agreement also shall terminate all annexes and appendices subsequently concluded by the
Implementing Authorities pursuant to this Agreement.
Either implementing authority may terminate the annexes or appendices to this Agreement at any
time by providing sixty days (60) notice to the other implementing authority.
SIGNATURE IN COUNTERPARTS
To facilitate execution, this Agreement or its annexes or appendices may be executed in as many
counterparts as may be required. It shall not be necessary that the signature of or on behalf of each
Party appear on each counterpart, but it shall be sufficient that the signature of or on behalf of each
Party appear on one or more of the counterparts. All counterparts shall collectively constitute a
single agreement.
7
IN WITNESS WHEREOF, the undersigned being duly authorised by their respective
Governments, have signed this present Agreement.
DONE at , in duplicate, this 11th day of June, 1999.
FOR THE GOVERNMENT OF
OF THE UNITED STATES
OF AMERICA:
FOR THE GOVERNMENT
OF IRELAND:



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