U.S.-Benin Air Transport Agreement of November 28, 2000
AIR TRANSPORT AGREEMENT
THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
THE GOVERNMENT OF
THE REPUBLIC OF BENIN
The Government of the United States of America and the Government of the Republic of
Benin (hereinafter, "the 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 :
For the purposes of this Agreement, unless otherwise stated, the term :
"Aeronautical authorities" means, in the case of the United States, the Department of
Transportation, or its successor, and in the case of Benin, the Ministry of Public Works and
Transport, or any person or agency authorized to perform functions exercised by the said
"Agreement" means this Agreement, its Annexes, and any amendments thereto ; the
Annexes are considered to be an integral part of the said Agreement ;
"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 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
"Designated airline" means an airline designated and authorized in accordance with
Article 3 of this Agreement ;
"Full cost" means the cost of providing service plus a reasonable charge for
administrative overhead ;
"International air transportation" means air transportation that passes through the
airspace over the territory of more than one State ;
"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 ;
"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 ;
"Territory" means the land areas under the sovereignty, jurisdiction, protection, or
trusteeship of a Party, and the territorial waters adjacent thereto ; and
"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 .
Grant Of Rights
Each Party grants to the other Party the following rights for the conduct of
international air transportation by the airlines of the other 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 .
Nothing in this Article shall be deemed to confer on the airline or airlines of one
Party the rights to take on board, in the territory of the other Party, passengers, their
baggage, cargo, or mail carried for compensation and destined for another point in the
territory of that other Party .
Designation and Authorization
Each 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 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 .
. On receipt of such a designation, and of applications from the designated airline, in
the form and manner prescribed for operating authorizations and technical permissions, the
other Party shall grant appropriate authorizations and permissions with minimum procedural
delay, provided :
a. substantial ownership and effective control of that airline are vested in the Party
designating the airline, nationals of that 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
Party considering the application or applications ; and
c . the Party designating the airline is maintaining and administering the standards set
forth in Article 6 (Safety) and Article 7 (Aviation Security) .
Revocation of Authorization
Either Party may revoke, suspend or limit the operating authorizations or technical
permissions of an airline designated by the other Party where :
a . substantial ownership and effective control of that airline are not vested in the
other Party, the Party's nationals, or both ;
b . that airline has failed to comply with the laws and regulations referred to in
Article (Application of Laws) of this Agreement; or
c . the other Party is not maintaining and administering the standards as set forth in
Article 6 (Safety).
. Unless immediate action is essential to prevent further noncompliance with
subparagraphs 1b or lc of this Article, the rights established by this Article shall be
exercised only after consultation with the other Party.
. This Article does not limit the rights of either Party to withhold, revoke, limit or
impose conditions on the operating authorization or technical permission of an airline or
airlines of the other Party in accordance with the provisions of Article 7 (Aviation Security) .
Application of Laws
While entering, within, or leaving the territory of one Party, its laws and regulations
relating to the operation and navigation of aircraft shall be complied with by the other
Party's airlines .
While entering, within, or leaving the territory of one 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 the other Party's
Each 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 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 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 Party .
Either Party may request consultations concerning the safety standards maintained by
the other Party relating to aeronautical facilities, aircrews, aircraft, and operation of the
designated airlines. If, following such consultations, one Party finds that the other 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 Party shall be notified of such findings and the steps considered
necessary to conform with these minimum standards, and the other Party shall take
appropriate corrective action . Each Party reserves the right to withhold, revoke, or limit the
operating authorization or technical permission of an airline or airlines designated by the
other Partyy in the event the other Party does not take such appropriate corrective action
within a reasonable time .
In accordance with their rights and obligations under international law, the 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 Parties shall in
particular act in conformity with the provisions of the Convention on Offenses and Certain
Other Acts Committed on Board Aircraft, done at Tokyo September 1 , 196 , the
Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague
December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety
of Civil Aviation, done at Montreal September , 1971, and the Protocol for the
Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation,
done at Montreal February , 1988 .
The 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 .
The 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 .
Each Party agrees to observe the security provisions required by the other Party for
entry into, for departure from, and while within the territory of that other 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 Party shall also give positive consideration to any request from the other Party for
special security measures to meet a particular threat .
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 Parties shall assist each other by facilitating communications and other
appropriate measures intended to terminate rapidly and safely such incident or threat .
When a Party has reasonable grounds to believe that the other Party has departed
from the aviation security provisions of this Article, the aeronautical authorities of that Party
may request immediate consultations with the aeronautical authorities of the other Party .
Failure to reach a satisfactory agreement within 1 days from the date of such request shall
constitute grounds to withhold, revoke, limit, or impose conditions on the operating
authorization and technical permissions of an airline or airlines of that Party . When required
by an emergency, a Party may take interim action prior to the expiry of 1 days .
The airlines of each Party shall have the right to establish offices in the territory of
the other Party for the promotion and sale of air transportation .
. The designated airlines of each Party shall be entitled, in accordance with the laws
and regulations of the other Party relating to entry, residence, and employment, to bring in
and maintain in the territory of the other Party managerial, sales, technical, operational, and
other specialist staff required for the provision of air transportation .
Each designated airline shall have the right to perform its own ground-handling in
the territory of the other 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 .
Any airline of each Party may engage in the sale ofair transportation in the territory
of the other 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
. 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
The airlines of each Party shall be permitted to pay for local expenses, including
purchases of fuel, in the territory of the other Party in local currency . At their discretion, the
airlines of each Party may pay for such expenses in the territory of the other Party in freely
convertible currencies according to local currency regulation .
In operating or holding out the authorized services on the agreed routes, any
designated airline of one Party may enter into cooperative marketing arrangements such as
blocked-space, code-sharing or leasing arrangements, with
a) an airline or airlines of either Party ;
b) an airline or airlines of a third country ; and
c) a surface transportation provider of any country ;
provided that all participants in such arrangements (i) hold the appropriate authority and (ii)
meet the requirements normally applied to such arrangements .
Notwithstanding any other provision of this Agreement, airlines and indirect
providers of cargo transportation of both 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 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
Customs Duties and Charges
On arriving in the territory of one Party, aircraft operated in international air
transportation by the designated airlines of the other Party, their regular equipment, ground
equipment, fuel, lubricants, consumable technicalsupplies, 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 fees and charges that are (1) 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 .
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 Party and taken on
board, within reasonable limits, for use on outbound aircraft of an airline of the other 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 Party in which they are taken on board ;
b . ground equipment and spare parts (including engines) introduced into the territory
of a Party for the servicing, maintenance, or repair of aircraft of an airline of the other Party
used in international air transportation ;
c . fuel, lubricants and consumable technical supplies introduced into or supplied in
the territory of a Party for use in an aircraft of an airline of the other 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 Party in which they are taken on board ; and
d. promotional and advertising materials introduced into or supplied in the territory
of one Party and taken on board, within reasonable limits, for use on outbound aircraft of an
airline of the other 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 Party in which they
are taken on board .
Equipment and supplies referred to in paragraphs 1 and of this Article may be
required to be kept under the supervision or control of the appropriate authorities .
The exemptions provided by this Article shall also be available where the designated
airlines of one Party have contracted with another airline, which similarly enjoys such
exemptions from the other Party, for the loan or transfer in the territory of the other Party of
the items specified in paragraphs I and of this Article .
User charges that may be imposed by the competent charging authorities or bodies of
each Party on the airlines of the other 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 Party on terms not less favorable
than the most favorable terms available to any other airline at the time the charges are
User charges imposed on the airlines of the other 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 .
Each 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 of this Article . Each 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 .
Neither Party shall be held, in dispute resolution procedures pursuant to Article 1 ,
to be in breach of a provision of this Article, unless (1) it fails to undertake a review of the
charge or practice that is the subject of complaint by the other 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 .
Each Party shall allow a fair and equal opportunity for the designated airlines of both
Parties to compete in providing the international air transportation governed by this
Each 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 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 Party, except as may be required for customs,
technical, operational, or environmental reasons under uniform conditions consistent with
Article 1 of the Convention.
Neither Party shall impose on the other 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 .
Neither Party shall require the filing of schedules, programs for charter flights, or
operational plans by airlines of the other Party for approval, except as may be required on a
non-discriminatory basis to enforce the uniform conditions foreseen by paragraph of this
Article or as may be specifically authorized in an Annex to this Agreement . If a 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 Party .
Each Party shall allow prices for air transportation to be established by each
designated airline based upon commercial considerations in the marketplace . Intervention
by the 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.
Each 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 Party . Notification or
filing by the airlines of both Parties may be required no more than 0 days before the
proposed date of effectiveness . In individual cases, notification or filing may be permitted
on shorter notice than normally required . Neither Party shall require the notification or
filing by airlines of the other Party of prices charged by charterers to the public, except as
may be required on a non-discriminatory basis for information purposes .
Neither Party shall take unilateral action to prevent the inauguration or continuation
of a price proposed to be charged or charged by (1) an airline of either Party for international
air transportation between the territories of the Parties, or ( ) an airline of one Party for
international air transportation between the territory of the other Party and any other country,
including in both cases transportation on an interline or intraline basis . If either Party
believes that any such price is inconsistent with the considerations set forth in paragraph I of
this Article, it shall requestconsultations and notify the other Party of the reasons for its
dissatisfaction as soon as possible . These consultations shall be held not later than 0 days
after receipt of the request, and the Parties shall cooperate in securing information necessary
for reasoned resolution of the issue . If the Parties reach agreement with respect to a price for
which a notice of dissatisfaction has been given, each 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.
Either 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 Party receives the request unless otherwise agreed.
Settlement of Disputes
Any dispute arising under this Agreement, except those that may arise under
paragraph of Article 1 (Pricing), that is not resolved by a first round of formal
consultations may be referred by agreement of the Parties for decision to some person or
body . If the Parties do not so agree, the dispute shall, at the request of either Party, be
submitted to arbitration in accordance with the procedures set forth below .
Arbitration shall be by a tribunal of three arbitrators to be constituted as follows :
a. Within 0 days after the receipt of a request for arbitration, each 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 Party fails to name an arbitrator, or if the third arbitrator is not appointed
in accordance with subparagraph a of this paragraph, either Party may request the President
of the Council of the International Civil Aviation Organization to appoint the necessary
arbitrator or arbitrators within 0 days. If the President of the Council is of the same
nationality as one of the Parties, the most senior Vice President who is not disqualified on
that ground shall make the appointment.
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 Parties, a
conference to determine the precise issues to be arbitrated and the specific procedures to be
followed shall be held not later than 1 days after the tribunal is fully constituted .
. Except as otherwise agreed or as directed by the tribunal, each Party shall submit a
memorandum within 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 Party or on its
own initiative within 1 days after replies are due .
The tribunal shall attempt to render a written decision within 0 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 .
The Parties may submit requests for clarification of the decision within 1 days after
it is rendered and any clarification given shall be issued within 1 days of such request .
Each Party shall, to the degree consistent with its national law, give full effect to any
decision or award of the arbitral tribunal .
The expenses of the arbitral tribunal, including the fees and expenses of the
arbitrators, shall be shared equally by the Parties . Any expenses incurred by the President
of the Council of the International Civil Aviation Organization in connection with the
procedures of paragraph b of this Article shall be considered to be part of the expenses of
the arbitral tribunal.
This Agreement may be amended by written agreement of the Parties .
. In the event of the conclusion of any general multilateral convention concerning air
transportation to which both the Parties become bound, the Parties shall consult to determine
whether and to what extent the present Agreement should be amended .
Either Party may at any time notify the other Party in writing of its decision to terminate this
Agreement . This notification shall be sent simultaneously to the International Civil Aviation
Organization (ICAO) . This Agreement shall be terminated 1 months following the date on
which the other Party receives the notification, unless said notification is withdrawn, by
agreement of the Parties, prior to the expiration of this period .
FOR THE GOVERNMENT OF
THE UNITED STATES OF,AMERICA:
Registration with ICAO
This Agreement and all amendments thereto shall be registered with the International Civil
Aviation Organization .
Entry into Force
This Agreement shall enter into force as soon as the Government of the Republic of Benin
has acceded to the Convention on offenses and certain other acts committed on board
aircraft, signed at Tokyo September 1 , 196 ; the Convention for the suppression of
unlawful acts against the safety of civil aviation, signed at Montreal September , 1971 ;
and the Protocol for the suppression of unlawful acts of violence at airports serving
international civil aviation, done at Montreal February , 1988, supplementary to the
above-mentioned Convention for the suppression of unlawful acts against the safety of civil
aviation ; and upon an exchange of notes indicating that the Government of the Republic of
Benin has completed these accessions and that the Parties have completed all necessary
internal procedures for entry into force of the Agreement .
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement .
DONE at Washington, this twenty-eighth day of November, 000, in duplicate, in the
English and French languages, each text being equally authentic .
FOR THE GOVERNMENT OF
THE REPUBLIC OF BENIN:
Scheduled Air Transportation
Airlines of each 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 :
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
a point or points in Benin and beyond .
For all-cargo service or services, between Benin and any point or points .
Routes for the airline or airlines designated by the Government of Benin :
From points behind Benin via Benin and intermediate points to a point or points in
the United States and beyond.
For all-cargo service or services, between the United States and any point or points.
Each designated airline may, on any or all flights and at its option :
operate flights in either or both directions ;
combine different flight numbers within one aircraft operation ;
serve behind, intermediate, and beyond points and points in the territories of the
Parties on the routes in any combination and in any order ;
omit stops at any point or points ;
transfer traffic from any of its aircraft to any of its other aircraft at any point on the
routes ; and
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 Party, designating the airline .
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 .
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) :
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
Between any point or points in the territory of the other 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 Party .
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 ; ( ) to carry transit traffic through the other
Party's territory; ( ) 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 ( ) 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 transportationbeyond
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
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 .
Any airline designated by either Party performing international charter air transportation
originating in the territory of either 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 Party . If a 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 ofsuch criteria.
However, nothing contained in the above paragraph shall limit the rights of either Party to
require airlines designated under this Annex by either Party to adhere to requirements
relating to the protection of passenger funds and passenger cancellation and refund rights .
Except with respect to the consumer protection rules referred to in the preceding paragraph
above, neither Party shall require an airline designated under this Annex by the other Party,
in respect of the carriage of traffic from the territory of that other 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 of this Annex or of a
waiver of these laws, regulations, or rules granted by the applicable aeronautical authorities .
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 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 (CRSs) 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 :
The Parties agree that CRSs 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 . CRS data bases shall be as comprehensive as possible,
c . CRS vendors shall not delete information submitted by participating airlines ; such
information shall be accurate and transparent ; for example, code-shared and change-ofgauge
flights and flights with stops should be clearly identified as having those
d. All CRSs that are available to travel agents who directly distribute information
about airline services to the traveling public in either Party's territory shall not only be
obligated to, but shall also be entitled to, operate in conformance with the CRS rules that
apply in the territory where the CRS is being operated .
e . Travel agents shall be allowed to use any of the secondary displays available
through the CRS so long as the travel agent makes a specific request for that display .
A Party shall require that each CRS vendor operating in its territory allow all airlines
willing to pay any applicable non-discriminatory fee to participate in its CRS . A Party shall
require that all distribution facilities that a system vendor provides shall be offered on a nondiscriminatory
basis to participating airlines . A Party shall require that CRS 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 CRS 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
CRS vendors operating in the territory of one Party shall be entitled to bring in,
maintain, and make freely available their CRSs to travel agencies or travel companies whose
principal business is the distribution of travel-related products in the territory of the other
Party if the CRS complies with these principles .
Neither Party shall, in its territory, impose or permit to be imposed on the CRS
vendors of the other Party more stringent requirements with respect to access to and use of
communication facilities, selection and use of technical CRS hardware and software, and the
technical installation of CRS hardware, than those imposed on its own CRS vendors .
Neither Party shall, in its territory, impose or permit to be imposed on the CRS
vendors of the other Party more restrictive requirements with respect to CRS displays
(including edit and display parameters), operation, or sale than those imposed on its own
CRS vendors .
CRSs in use in the territory of one 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 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 Party .
Owners/operators of CRSs of one Party shall have the same opportunity to own/operate
CRSs that conform to these principles within the territory of the other Party as do
owners/operators of that Party . Each Party shall ensure that its airlines and its CRS vendors
do not discriminate against travel agents in their homeland territory because of their use or
possession of a CRS also operated in the territory of the other Party .