U.S.-Sri Lanka amendment to the U.S.-Sri Lanka Open Skies Agreement of 2002 (includes seventh-freedom rights for all-cargo operations)

December 4, 2017

   

AGREEMENT AMENDING THE
AIR TRANSPORT AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

The Government of the United States of America and the Government of the Democratic Socialist Republic of Sri Lanka (hereinafter, “the Parties”);

Desiring to modernize and strengthen their bilateral aviation relationship and to expand all-cargo international air transport opportunities in order to facilitate increased and more efficient commerce and trade;

Have agreed to amend Annexes I and II to the Air Transport Agreement between the Government of the United States of America and the Government of the Democratic Socialist Republic of Sri Lanka, signed at Washington June 11, 2002, as amended (“the Agreement”), as follows:

Article 1

Amendments to Annex I (“Scheduled Air Transportation”)

In Annex I to the Agreement:

1. Section 1, paragraph A shall be deleted and replaced with the following:

A. Routes for the airline or airlines designated by the Government of the United States:

From points behind the United States via the United States and intermediate points to any point or points in Sri Lanka and beyond; and for all-cargo service, between Sri Lanka and any point or points.

2. Section 1, paragraph B shall be deleted and replaced with the following:

B. Routes for the airline or airlines designated by the Government of Sri Lanka:

From points behind Sri Lanka via Sri Lanka and intermediate points to any point or points in the United States and beyond; and for all-cargo service, between the United States and any point or points.

3. Section 2 shall be amended by deleting the final clause and replacing it with the following:

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 Party designating the airline.

4. Section 3 shall be deleted and replaced with the following:

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 Party that has designated the airline and, in the inbound direction, the transportation to the territory of the Party that has designated the airline is a continuation of the transportation from beyond such point.

Article 2

Amendments to Annex II (“Charter Air Transportation”)

Section 1 of Annex II to the Agreement shall be deleted and replaced with the following:

Section 1

A. Airlines of each 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 Party that has designated the airline and any point or points in the territory of the other Party; and

2. Between any point or points in the territory of the other Party and any point or points in a third country or counties, provided that, with the exception of all-cargo services, 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 Party.

B. In the performance of services covered by this Annex, airlines of each Party designated under this Annex shall also have the right: (1) to make stopovers at any points whether within or outside of the territory of either Party; (2) to carry transit traffic through the other Party’s territory; (3) to combine on the same aircraft traffic originating in one Party’s territory, traffic originating in the other Party’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, 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 Party that has designated the airline and in the inbound direction, the transportation to the territory of the Party that has designated the airline is a continuation of the transportation from beyond such point.

C. Each Party shall extend favorable consideration to applications by airlines of the other Party to carry traffic not covered by this Annex on the basis of comity and reciprocity.

Article 3

Entry into Force

This agreement shall enter into force on the date of signature.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this agreement.

DONE at _____________, this _______day of ________, 20__, in two originals, in the English language.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA: