Friday, July 26, 2013

RE: Chicago Convention 1944 (Part-1)



Chicago Conference : Final Act
that these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services.
(t>) Fuel, lubricating oils and spare parts introduced into the territory of a contracting party by another contracting party or its nationals, and intended solely for use by aircraft of such other contracting party shall be accorded national and most-favoured-nation treat­ment with respect to the imposition of customs duties, inspection fees or other national duties or charges by the contracting party whose territory is entered.
(c) The fuel, lubricating oils, spare parts, regular equipment and air­craft stores retained on board civil aircraft of the airlines of the contracting parties authorised to operate the routes and services described in the Annex shall, upon arriving in or leaving the territory of other contracting parties, be exempt from customs, inspection fees or similar duties or charges, even though such supplies be used or consumed by such aircraft on flights in that territory.
(5)       Certificates of airworthiness, certificates of competency and licences
issued or rendered valid by one contracting party shall be recognised as
valid by the other contracting parties for the purpose of operating the
routes and services described in the Annex.    Each contracting party
reserves the right, however, to refuse to recognise, for the purpose of
flight above its own territory, certificates of competency and licences
granted to its own nationals by another State.
(6)       (a) The laws and regulations of a contracting party relating to die
admission to or departure from its territory of aircraft engaged in inter­
national air navigation, or to the operation and navigation of such aircraft
while within its territory, shall be applied to the aircraft of all contracting
parties without distinction as to nationality, and shall be complied with
by such aircraft upon entering or departing from or while within the
territory of that party.
(b) The laws and regulations of a contracting party as to the admis­sion to or departure from its territory of passengers, crew, or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew, or cargo upon entrance into or departure from, or while within the territory of that party.
(7)       Each contracting party reserves the right to withhold or revoke a
certificate or permit to an airline of another State in any case where it is
not satisfied that substantial ownership and effective control are vested
in nationals of a party to this Agreement, or in case of failure of an
airline to comply with the laws of the State over which it operates, as
described in Article (6) hereof, or to perform its obligations under this
Agreement.


(8)       This Agreement and all contracts connected therewith, shall be
registered with the Provisional International Civil Aviation Organisation.





Resolutions and Recommendations



(9)  [Where desired, here insert provisions for arbitration, the details
of which will be a matter for negotiation between the parties to each
agreement.]         ,/
(10)  This Agreement shall continue in force until such time as it may
be amended,  or superseded by a general multilateral air convention,
provided, however, that the rights for services granted under this Agree­
ment may be terminated by giving one year's notice to the contracting
party whose airlines are concerned.   Such notice may be given at any
time after a period of two months to allow for consultation between the
contracting party giving notice and the contracting parties served by the
routes.
IX
Flight Documents and Forms The International Civil Aviation Conference resolves :
That the Provisional International Civil Aviation Organisation, when established, be requested to give consideration to the question of the publication of flight documents and forms in representative languages of areas through which major international air routes are operated.
X
Recommendation that Certain Matters be Referred to the Interim Council for Study
The International Civil Aviation Conference recommends :
That the matters on which it has not been possible to reach agree­ment between the States represented at this Conference, in particular the matters comprehended within the headings of Articles II, X, XI and XII of Document 358 (Draft of a Section of an International Air Convention Relating Primarily to Air Transport), together with Conference Docu­ments 384, 385, 400, 407, and 429, and ail other documentation relating thereto, be referred to the Interim Council provided for in the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944, with instructions to give these matters continuing study and to submit a report thereon with recommendations to the Interim Assembly as soon as practicable.
XI
Publication of Documentation The International Civil Aviation Conference resolves :
That the Government of the United States of America be authorised to publish the Final Act of this Conference; the Reports of the Com­mittees; the Minutes of the Public Sessions; the Texts of any Multilateral



Agreements concluded at the Conference; and to make available for publication such additional documents in connection with the work of this Conference as in its judgment may be considered in the public interest.7
XII
[Votes of thanks omitted.]
in witness whereof, the following Delegates sign the present Final Act.
done at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to each of the govern­ments represented at the Conference.
[List of Signatories omitted—see below, App. H.]

appendix I INTERIM AGREEMENT ON INTERNATIONAL CIVIL AVIATION
 
[Omitted. This Agreement set up a simplified Provisional International Civil Aviation Organisation pending the establishment of the permanent Inter­national Civil Aviation Organisation. The Interim Agreement came into effect on June 6, 1945, and lapsed with the coming into effect of the Chicago Convention proper on April 4, 1947. See below, App. H.] 


appendix II CONVENTION ON INTERNATIONAL CIVIL AVIATION8
Index PART I—AIR NAVIGATION
chapter I
general principles and application of the convention ArtiAes
1.         (Sovereignty.
2.    Territory.
3.    Civil and State aircraft.
4.    Misuse of civil aviation.
7   These documents  have since then been published by the United States Department of
State.    See Proceedings of the International Civil Aviation Conference, Chicago, Illinois,
November 1-December 7, 1944, 2 vols., Washington (1948).
8                      The Convention came into effect on April 4, 1947.    This is a consolidated version of
the Convention;  text deleted by an amendment is indicated by square brackets, while
text introduced by an amendment is in italics:    The three amendment Protocols are also
reproduced  below  in  App.   B.    This  Index,  reproduced  from  Cmd.  6614 (1945) and
U.K.T.S. No. 8 (1953), Cmd. 8742, does not appear in 1 Proceedings, or ICAO Doc.
7300/2 (1959) which is a second edition of the Chicago Convention, 1944 

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