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13142 Slovak Republic - Air Transport Agreement


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13142

 

 

AVIATION

Transport Services

 

 


Agreement Between the
UNITED STATES OF AMERICA
and the SLOVAK REPUBLIC

 

 

Signed at Bratislava January 22, 2001

with

Annexes

 

 

 

 

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.”

 

SLOVAK REPUBLIC

Aviation: Transport Services

Agreement signed at Bratislava January 22, 2001;
Entered into force February 7, 2001.
With annexes.

AIR TRANSPORT AGREEMENT
BETWEEN
THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF
THE SLOVAK REPUBLIC
The Government of the United States of America and the Government of the Slovak
Republic (hereinafter, "the Contracting 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:
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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, or its successor, and in the case of the Slovak Republic, the Ministry of
Transport, Posts and Telecommunications, or its successor.
2. "Agreement" means this Agreement, its four Annexes, and any amendments
thereto;
3. "Air transportation" means the public carriage by aircraft of passengers, baggage,
cargo, and mail, separately or in combination, for remuneration or hire;
4. "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 Contracting 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
Contracting Parties;
5. "Designated airline" means an airline designated and authorized in accordance
with Article 3 of this Agreement;
6. "Full cost" means the cost of providing service plus a reasonable charge for
administrative overhead;
7. "International air transportation" means air transportation that passes through the
airspace over the territory of more than one State;
8. "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;
9. "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;
10. "Territory" means the land areas under the sovereignty, jurisdiction, protection, or
trusteeship of a Contracting Party, and the territorial waters adjacent thereto; and
11. "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 Contracting Party grants to the other Contracting Party the following rights
for the conduct of international air transportation by the airlines of the other Contracting
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
Contracting Party the rights to take on board, in the territory of the other Contracting
Party, passengers, their baggage, cargo, or mail carried for compensation and destined for
another point in the territory of that other Contracting Party.
Article 3
Designation and Authorization
1. Each Contracting Party shall have the right to designate as many airlines as it
wishes 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 Contracting 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 requesting operating authorizations and/or
technical permissions, the other Contracting Party shall grant appropriate authorizations
and permissions with minimum procedural delay, provided:
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a. substantial ownership and effective control of that airline are vested in the
Contracting Party designating the airline, nationals of that Contracting 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 Contracting Party considering the application or applications; and
c. the Contracting Party 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 Contracting Party may revoke, suspend or limit the operating
authorizations and/or technical permissions of an airline designated by the other
Contracting Party where:
a. substantial ownership and effective control of that airline are not vested in the
other Contracting Party, the Contracting 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 Contracting 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 (lb) or (1c) of this Article, the rights established by this Article shall be
exercised only after consultation with the other Contracting Party.
3. This Article does not limit the rights of either Contracting Party to withhold,
revoke, limit or impose conditions on the operating authorization or technical permission
of an airline or airlines of the other Contracting Party in accordance with the provisions
of Article 7 (Aviation Security).
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Article 5
Application of Laws
1. While entering, within, or leaving the territory of one Contracting Party, its laws
and regulations relating to the operation and navigation of aircraft shall be complied with
by airlines of the other Contracting Party.
2. While entering, within, or leaving the territory of one Contracting 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
airlines of the other Contracting Party.
Article 6
Safety
1. Each Contracting 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 Contracting 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
Contracting 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 Contracting Party.
2. Either Contracting Party may request consultations concerning the safety
standards maintained by the other Contracting Party relating to aeronautical facilities,
aircrews, aircraft, and operation of the designated airlines. If, following such
consultations, one Contracting Party finds that the other Contracting 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 Contracting Party shall be notified of such findings and the steps considered
necessary to conform with these minimum standards, and the other Contracting Party
shall take appropriate corrective action. Each Contracting Party reserves the right to
withhold, revoke, or limit the operating authorization or technical permission of an airline
or airlines designated by the other Contracting Party in the event the other Contracting
Party does not take such appropriate corrective action within a reasonable time.
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Article 7
Aviation Security
1. In accordance with their rights and obligations under international law, the
Contracting 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 Contracting Parties shall in particular act in conformity with the
provisions of the Convention on Offenses and Certain Other Acts Committed on Board
Aircraft, signed at Tokyo on September 14, 1963, the Convention for the Suppression of
Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, the
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation,
signed at 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 Contracting 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 Contracting Parties shall, in their mutual relations, act in conformity with the
aviation security standards and appropriate recommended practices 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 Contracting Party agrees to observe the security provisions required by the
other Contracting Party for entry into, for departure from, and while within the territory
of that other Contracting 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 Contracting Party shall also
give positive consideration to any request from the other Contracting 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 Contracting Parties shall assist each other by facilitating
communications and other appropriate measures intended to terminate rapidly and safely
such incident or threat.
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6. When a Contracting Party has reasonable grounds to believe that the other
Contracting Party has departed from the aviation security provisions of this Article, the
aeronautical authorities of that Contracting Party may request immediate consultations
with the aeronautical authorities of the other Contracting 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/or technical permissions of an airline or airlines of that Contracting Party. When
required by an emergency, a Contracting Party may take interim action prior to the expiry
of 15 days.
Article 8
Commercial Opportunities
1. The airlines of each Contracting Party shall have the right to establish offices in
the territory of the other Contracting Party for the promotion and sale of air
transportation.
2. The designated airlines of each Contracting Party shall be entitled, in accordance
with the laws and regulations of the other Contracting Party relating to entry, residence,
and employment, to bring in and maintain in the territory of the other Contracting 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 Contracting 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 Contracting Party may engage in the sale of air transportation
in the territory of the other Contracting 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.
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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 Contracting Party shall be permitted to pay for local
expenses, including purchases of fuel, in the territory of the other Contracting Party in
local currency. At their discretion, the airlines of each Contracting Party may pay for
such expenses in the territory of the other Contracting 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 Contracting Party may enter into cooperative marketing
arrangements such as blocked-space, code-sharing or leasing arrangements, with
a. an airline or airlines of either Contracting Party; and
b. an airline or airlines of a third country;
provided that all airlines in such arrangements hold the appropriate authorizations and
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 Contracting 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 Contracting 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.
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Article 9
Customs Duties and Charges
1. On arriving in the territory of one Contracting Party, aircraft operated in
international air transportation by the designated airlines of the other Contracting 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 taxes, fees and
charges that are imposed by the national authorities, and 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 (1) 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 Contracting Party
and taken on board, within reasonable limits, for use on outbound aircraft of an airline of
the other Contracting 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
Contracting Party in which they are taken on board;
b. ground equipment and spare parts (including engines) introduced into the
territory of a Contracting Party for the servicing, maintenance, or repair of aircraft of an
airline of the other Contracting Party used in international air transportation;
c. fuel, lubricants and consumable technical supplies introduced into or supplied
in the territory of a Contracting Party for use in an aircraft of an airline of the other
Contracting 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 Contracting
Party in which they are taken on board; and
d. promotional and advertising materials introduced into or supplied in the
territory of one Contracting Party and taken on board, within reasonable limits, for use on
outbound aircraft of an airline of the other Contracting 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 Contracting Party in which they are taken on board.
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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 Contracting Party have contracted with another airline, which
similarly enjoys such exemptions from the other Contracting Party, for the loan or
transfer in the territory of the other Contracting 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 Contracting Party on the airlines of the other Contracting 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
Contracting 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 Contracting 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 charges
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 Contracting 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 (1)
and (2) of this Article. Each Contracting 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.
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4. Neither Contracting Party shall be held, in dispute resolution procedures pursuant
to Article 14, to be in breach of a provision of this Article, unless it fails to undertake a
review of the charge or practice that is the subject of complaint by the other Contracting
Party within a reasonable amount of time; or 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.
Article 11
Fair Competition
1. Each Contracting Party shall allow a fair and equal opportunity for the designated
airlines of both Contracting Parties to compete in providing the international air
transportation governed by this Agreement.
2. Each Contracting 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
Contracting 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
Contracting 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 Contracting Party shall impose on the other Contracting 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 Contracting Party shall require the filing of schedules, programs for
charter flights, or operational plans by airlines of the other Contracting 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 Contracting 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
Contracting Party.
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Article 12
Pricing
1. Each Contracting Party shall allow prices for air transportation to be established
by each designated airline based upon commercial considerations in the marketplace.
Intervention by the Contracting 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 Contracting 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
Contracting Party. Notification or filing by the airlines of both Contracting 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 Contracting Party shall require the notification or filing by airlines of the other
Contracting Party of prices charged by charterers to the public, except as may be required
on a non-discriminatory basis for information purposes.
3. Neither Contracting Party shall take unilateral action to prevent the inauguration
or continuation of a price proposed to be charged or charged by an airline of either
Contracting Party for international air transportation between the territories of the
Contracting Parties, or an airline of one Contracting Party for international air
transportation between the territory of the other Contracting Party and any other country,
including in both cases transportation on an interline or intraline basis. If either
Contracting 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
Contracting 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
Contracting Parties shall cooperate in securing information necessary for reasoned
resolution of the issue. If the Contracting Parties reach agreement with respect to a price
for which a notice of dissatisfaction has been given, each Contracting 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.
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Article 13
Consultations
Either Contracting 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 Contracting 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 Contracting Parties for decision to
some person or body. If the Contracting Parties do not so agree, the dispute shall, at the
request of either Contracting 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 Contracting
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 Contracting Party fails to name an arbitrator, or if the third arbitrator is
not appointed in accordance with subparagraph (a) of this paragraph, either Contracting
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 Contracting 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 direction of the tribunal or at the request of either of the
Contracting 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.
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4. Except as otherwise agreed or as directed by the tribunal, each Contracting 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 Contracting 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 Contracting 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 Contracting Party shall, to the degree consistent with its 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 Contracting Parties. Any expenses incurred by
the President of the Council of the International Civil Aviation Organization in
connection with the procedures of subparagraph (2b) of this Article shall be considered to
be part of the expenses of the arbitral tribunal.
Article 15
Termination
1. This Agreement is of unlimited duration.
2. Either Contracting Party may, at any time, give notice in writing to the other
Contracting 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 Contracting Party)
immediately before the first anniversary of the date of receipt of the notice by the other
Contracting Party, unless the notice is withdrawn by agreement of the Contracting Parties
before the end of this period.
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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
1. This Agreement shall enter into force upon an exchange of notes confirming
completion of all necessary internal procedures by each Contracting Party. The
Agreement shall be provisionally applied from the date of signature.
2. Upon entry into force, this agreement shall supersede, as between the United
States and the Slovak Republic, the Air Services Agreement between the United States of
America and Czechoslovakia, signed at Prague on June 29, 1987, as amended and
extended.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE at Bratislava, this twenty-second day of January, 2001, in duplicate, in both the
English and Slovak languages, each text being equally authentic.
FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF
THE SLOVAK REPUBLIC:
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ANNEX I
Scheduled Air Transportation
Section 1
Routes
Airlines of each Contracting Party 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 Slovak Republic and beyond.
2. For all-cargo service or services, between the Slovak Republic and any point or
points.
B. Routes for the airline or airlines designated by the Government of the Slovak
Republic:
1. From points behind the Slovak Republic via the Slovak Republic and intermediate
points to a point or points in the United States and beyond.
2. For all-cargo service or 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
Contracting Parties on the routes in any combination and in any order;
17
4. omit stops at any point or points;
5. transfer traffic from any of its aircraft to any of its other aircraft at any point on
the routes; and
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 services, the service serves a point in the territory of the Contracting Party
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 Contracting Party that has
designated the airline and, in the inbound direction, the transportation to the territory of
the Contracting Party that has designated the airline is a continuation of the transportation
from beyond such point.
ANNEX II
Charter Air Transportation
Section 1
A. Airlines of each Contracting Party 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):
1. Between any point or points in the territory of the Contracting Party that has
designated the airline and any point or points in the territory of the other Contracting
Party; and
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2. Between any point or points in the territory of the other Contracting Party 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 Contracting Party.
B. In the performance of services covered by this Annex, airlines of each Contracting
Party designated under this Annex shall also have the right: to make stopovers at any
points whether within or outside of the territory of either Contracting Party; to carry
transit traffic through the other Contracting Party's territory; to combine on the same
aircraft traffic originating in one Contracting Party's territory, traffic originating in the
other Contracting Party's territory, and traffic originating in third countries; and 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 Contracting Party that has
designated the airline and in the inbound direction, the transportation to the territory of
the Contracting Party that has designated the airline is a continuation of the transportation
from beyond such point.
C. Each Contracting Party shall extend favorable consideration to applications by
airlines of the other Contracting Party to carry traffic not covered by this Annex on the
basis of comity and reciprocity.
Section 2
A. Any airline designated by either Contracting Party performing international
charter air transportation originating in the territory of either Contracting Party, 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 Contracting Party. If a
Contracting Party 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.
B. However, nothing contained in the above paragraph shall limit the rights of either
Contracting Party to require airlines designated under this Annex by either Contracting
Party 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 Contracting Party shall require an airline designated under this
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Annex by the other Contracting Party, in respect of the carriage of traffic from the
territory of that other Contracting Party 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 Contracting Parties "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 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 Contracting Parties agree that computer reservation systems 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. Computer reservation system data bases shall be as comprehensive as possible.
c. Computer reservation system 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.
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d. All computer reservation systems that are available to travel agents who
directly distribute information about airline services to the traveling public in either
Contracting Party's territory shall not only be obligated to, but shall also be entitled to,
operate in conformance with the computer reservation system rules that apply in the
territory where the computer reservation system is being operated.
e. Travel agents shall be allowed to use any of the secondary displays available
through the computer reservation system so long as the travel agent makes a specific
request for that display.
2. A Contracting Party shall require that each computer reservation system vendor
operating in its territory allow all airlines willing to pay any applicable non-
discriminatory fee to participate in its computer reservation system. A Contracting Party
shall require that all distribution facilities that a system vendor provides shall be offered
on a non-discriminatory basis to participating airlines. A Contracting Party shall require
that computer reservation system vendors display, on a non-discriminatory, objective,
carrier-neutral and market-neutral basis, the international air services of participating
airlines in all markets in which they wish to sell those services. Upon request, a
computer reservation system 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. Computer reservation system vendors operating in the territory of one Contracting
Party shall be entitled to bring in, maintain, and make freely available their computer
reservation systems to travel agencies or travel companies whose principal business is the
distribution of travel-related products in the territory of the other Contracting Party if the
computer reservation system complies with these principles.
4. Neither Contracting Party shall, in its territory, impose or permit to be imposed on
the computer reservation system vendors of the other Contracting Party more stringent
requirements with respect to access to and use of communication facilities, selection and
use of technical computer reservation system hardware and software, and the technical
installation of computer reservation system hardware, than those imposed on its own
computer reservation system vendors.
5. Neither Contracting Party shall, in its territory, impose or permit to be imposed on
the computer reservation system vendors of the other Contracting Party more restrictive
requirements with respect to computer reservation system displays (including edit and
display parameters), operation, or sale than those imposed on its own computer
reservation system vendors.
21
6. Computer reservation systems in use in the territory of one Contracting Party 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 Contracting Party. 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 Contracting Party. Owners/operators
of computer reservation systems of one Contracting Party shall have the same
opportunity to own/operate computer reservation systems that conform to these principles
within the territory of the other Contracting Party as do owners/operators of that
Contracting Party. Each Contracting Party shall ensure that its airlines and its computer
reservation system vendors do not discriminate against travel agents in their homeland
territory because of their use or possession of a computer reservation system also
operated in the territory of the other Contracting Party.
ANNEX IV
Transition Provisions
The following provisions shall expire on December 31, 2002:
1. Notwithstanding the provisions of Article 8 paragraph 3, a Contracting Party shall
not be obligated to permit airlines to perform their own air-side ground handling services.
2. Notwithstanding the provisions of Annex II, section (1 A 2):
a. Airlines of the United States shall not be entitled to operate single cargo charter
flights between the Slovak Republic and any point or points, under the provisions
of that section, where such service does not constitute a part of a continuous
operation, with or without a change of aircraft, that includes service to the United
States for the purpose of carrying local traffic between the United States and the
Slovak Republic; and
b. Airlines of the Slovak Republic shall not be entitled to operate single cargo
charter flights between the United States and any point or points, under the
provisions of that section, where such service does not constitute a part of a
continuous operation, with or without a change of aircraft, that includes service to
the Slovak Republic for the purpose of carrying local traffic between the Slovak
Republic and the United States.
This limitation shall not apply to cargo charter flights conducted pursuant to applications
involving more than a single flight between the same points.



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