Any
State a member of the International Civil Aviation Organisation may accept
the present Agreement as an obligation binding upon it by notification of
its acceptance to the Government of the United States, and such acceptance
.
in witness whereof, the undersigned,
having been duly authorised, sign this Agreement on
behalf of their respective governments on the dates appearing
opposite their respective signatures.
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 the governments of all the States which may
sign or accept this Agreement.
[List
of Signatories omitted — see below, App. H.]
appendix IV -INTERNATIONAL AIR
TRANSPORT AGREEMENT
The States
which sign and accept this International Air Transport Agreement
being members of the International Civil Aviation Organisation declare as
follows:
Article
I Section
1
Each contracting
State grants to the other contracting States the following freedoms of the air
in respect of scheduled international air services:
(1) The
privilege to fly across its territory without landing;
(2) The
privilege to land for non-traffic purposes;
(3) The
privilege to put down passengers, mail and cargo taken on in the
territory of the State whose nationality the
aircraft possesses;
(4) The
privilege to take on passengers, mail and cargo destined for the
territory of the State whose nationality the
aircraft possesses;
(5) The
privilege to take on passengers, mail and cargo destined for the
territory of any other contracting State and the
privilege to put down passengers, mail and cargo coming
from any such territory.
With respect to the
privileges specified under paragraphs (3), (4) and (5) of
this Section, the undertaking of each contracting State relates* only to through
services on a route constituting a reasonably direct line 'out from and
back to the homeland of the State whose nationality the aircraft possesses. The
privileges of this section shall not be applicable with respect to airports
utilised for military purposes to the exclusion of any scheduled
international
air services. In areas of active hostilities or of military occupation,
and in time of war along the supply routes leading to such areas, the exercise
of sudi privileges shall be subject to the approval of the competent military
authorities.
Section
2
The
exercise of the foregoing privileges shall be in accordance with the provisions
of the Interim Agreement on International Civil Aviation and, when it
comes into force, with the provisions of the Convention on International Civil
Aviation, both drawn up at Chicago on December 7, 1944.
Section
3
A
contracting State granting to the airlines of another contracting State the
privilege to stop for non-traffic purposes may require such airlines to offer reasonable
commercial service at die points at which such stops are made.
Such
requirement shall not involve any discrimination between airlines operating
on the same route, shall take into account the capacity of the aircraft, and
shall be exercised in such a manner as not to prejudice the normal
operations of the international air services concerned or the rights and obligations
of any contracting State.
Section
4
Each
contracting State shall have the right to refuse permission to the aircraft
of other contracting States to take on in its territory passengers, mail and
cargo carried for remuneration or hire and destined. for another point within
its territory. Each contracting State undertakes not to enter into any
arrangements which specifically grant any such privilege on an exclusive basis
to any other State or an airline of any other State, and not to obtain any
such exclusive privilege from any other State.
Section 5
Each
contracting State may, subject to the provisions of this Agreement,
(1) Designate
the route to be followed within its territory by any inter
national air service and the airports which any such service may
use;
national air service and the airports which any such service may
use;
(2) Impose
or permit to be imposed on any such service just and reason
able charges for the use of such airports and other facilities; 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: provided that, upon representation by an
interested contracting State, the charges imposed for the use of
airports and other facilities shall be subject to review by the Council
of the International Civil Aviation Organisation established under
the above-mentioned Convention, which shall report and make
recommendations thereon for the consideration of the State or States
concerned.
able charges for the use of such airports and other facilities; 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: provided that, upon representation by an
interested contracting State, the charges imposed for the use of
airports and other facilities shall be subject to review by the Council
of the International Civil Aviation Organisation established under
the above-mentioned Convention, which shall report and make
recommendations thereon for the consideration of the State or States
concerned.
Section
6
Each
contracting State reserves the right to withhold or revoke a certificate or
permit to an air transport enterprise of another State in any case where it
is not satisfied that substantial ownership and effective control are vested in
nationals of a contracting State, or in case of failure of such air transport
enterprise to comply
with the laws of the State over which it operates, or to perform its
obligations under this Agreement.
Article II Section 1
The
contracting States accept this Agreement as abrogating all obligations
and understandings between them which are inconsistent with its terms, and
undertake not to enter into any such obligations and understandings. A
contracting State which has undertaken any other obligations inconsistent widi
this Agreement shall take immediate steps to procure its release from the
obligations. If an airline of any contracting State has entered into any such
inconsistent obligations, die State of which it is a national shall use its best
efforts to secure their termination fordiwidi and shall in any event cause diem
to be terminated as soon as such action can lawfully be taken after the coming
into force of this Agreement.
Section
2
Subject
to the provisions of die preceding Section, any contracting State may
make arrangements concerning international air services not inconsistent with
this Agreement. Any such arrangement shall be fordiwidi registered widi
die Council; which shall make it public as soon as possible.
Article
III
Each contracting State
undertakes diat in die establishment and operation of
through services due consideration shall be given to the interests of die odier
contracting States so as not to interfere unduly widi dieir regional services
or to hamper die development of their through services.
Article IV Section 1
Any
contracting State may by reservation attached to this Agreement at the
time of signature or acceptance elect not tp grant and receive die rights and
obligations of Article I, Section 1, paragraph (5), and may at any time after
acceptance, on six months' notice given by it to the Council, wididraw itself
from such rights and obligations. Such contracting State may on six months'
notice to die Council assume or resume, as die case may be, such rights
and obligations. No contracting State shall be obliged to grant any right under
die said paragraph to any contracting State not bound thereby.
Section
2
A
contracting State which deems diat action by another contracting State under
this Agreement is causing injustice or hardship to it, may request die Council
to examine die situation. The Council shall thereupon inquire into die
matter, and shall call the States concerned into consultation. Should such
consultation fail to resolve die difficulty, the Council may make appropriate
findings and recommendations to the contracting States concerned. If thereafter
a contracting State concerned shall in the opinion of the Council unreasonably
fail to take suitable corrective action, the Council may recommend
to the Assembly of die above-mentioned Organisation that such contracting
State be suspended from its rights and privileges under this Agreement
until such action has been taken. The Assembly by a two-thirds vote
may so suspend
such contracting State for such period of time as it may deem proper
or until the Council shall find that corrective action has been taken by such
State. .'
Section
3
If
any disagreement between two or more contracting States relating to the interpretation
or application of this Agreement cannot be settled by negotiation,
die provisions of Chapter XVIII of the above-mentioned Convention shall
be applicable in the same manner as provided therein with reference to
any disagreement relating to die interpretation or application of the
above-mentioned Convention.
Article V
This Agreement shall
remain in force as long as the above-mentioned Convention;
provided, however, that any contracting State, a party to die present Agreement,
may denounce it on one year's notice given by it to the Government
of the United States of America, which shall at once inform all other contracting
States of such notice and wididrawal.
Article VI
Pending the
coming into force of die above-mentioned Convention, all references
to it herein other than those contained in Article IV, Section 3, and Article
VII shall be deemed to be references to the Interim Agreement on International
Civil Aviation drawn up at Chicago on December 7, 1944; and references
to die International Civil Aviation Organisation, die Assembly, and
the Council shall be deemed to be references to die Provisional International
Civil Aviation Organisation, die Interim Assembly, and die Interim Council,
respectively.
Article VII
For the purposes of
diis Agreement, " territory" shall be defined as in Article
2 of the above-mentioned Convention.
Article
VIII signatures and
acceptances of agreement
The undersigned
delegates to die International -Civil Aviation Conference, convened
in Chicago on November 1, 1944, have affixed their signatures to this
Agreement widi the understanding diat die Government of die United States of
America shall be informed at the earliest possible date by each of die
governments on whose behalf the Agreement has been signed whether signature
on its behalf shall constitute an acceptance of the Agreement by that
government and an obligation binding upon it.
Any
State'a member of the International Civil Aviation Organisation may accept
die present Agreement as an obligation binding upon it by notification of
its acceptance to the Government of die United States, and such acceptance shall become
effective upon die date of the receipt of such notification by dial Government.
This
Agreement shall come into force as between contracting States upon its
acceptance by each of them. Thereafter it shall become binding as to each
other State indicating its acceptance to die Government of the United States
on the date of the receipt of the acceptance by that Government.
The Government of the United
States shall inform all signatory and accepting States of the date of all
acceptances of the Agreement, and of the date on which jt comes into force
for each accepting State.
in witness
whereof, the
undersigned, having been duly authorised, sign this Agreement on behalf of their respective governments on the date
appearing opposite their respective
signatures.
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 the governments of all the States which may sign or
accept this Agreement.
[List of Signatories omitted—see below, App. H.]
appendix V
DRAFTS OF TECHNICAL ANNEXES [Omitted.]
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