U.S.-Uzbekistan Air Transport Agreement of February 27, 1998
AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF UZBEKISTAN
The Government of the United States of America and the Government of the Republic of Uzbekistan (hereinafter, "theParties") ;
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 airtransport opportunities ;
Desiring to make it possible for airlines to offer the traveling and shipping public a variety of service options at the lowestprices that are not discriminatory and do not represent abuse ofa dominant position, and wishing to encourage individualairlines to develop and implement innovative and competitiveprices;
Desiring to ensure the highest degree of safety and security ininternational air transport and reaffirming their grave concernabout acts or threats against the security of aircraft, whichjeopardize the safety of persons or property, adversely affectthe 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 :
1 . "Aeronautical authorities" means, in the case of the Republic of Uzbekistan, the Civil Aviation Authority andany person or body authorized to perform the functionsexercised by the said Civil Aviation Authority, and in thecase of the United States, the Department ofTransportation, or its successor ;
2 . "Agreement" means this Agreement, its Annexes, and any amendments thereto;
3 . "Air transportation" means the public carriage byaircraft 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 underArticle 94(a) of the Convention and has been ratified by both Parties, and b. any Annex or any amendment thereto adopted underArticle 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties ;
5 . "Designated airline" means an airline designated andauthorized in accordance with Article 3 of this Agreement ;
6 . "Full cost" means the cost of providing service plus areasonable charge for administrative overhead ;
7. "International air transportation" means airtransportation that passes through the airspace over theterritory of more than one State ;
8 . "Price" means any fare, rate or charge for the carriageof passengers (and their baggage) and/or cargo (excludingmail) in air transportation charged by airlines, including their agents, and the conditions governing the availabilityof such fare, rate or charge;
9 . "Stop for non-traffic purposes" means a landing for anypurpose other than taking on or discharging passengers,baggage, cargo and/or mail in air transportation ;
10. "Territory" means the land areas under thesovereignty, jurisdiction, protection, or trusteeship of a Party, and the territorial waters adjacent thereto ; and
11. "User charge" means a charge imposed on airlines forthe provision of airport, air navigation, or aviationsecurity facilities or services including related services and facilities .
Grant of Rights
1 . Each Party grants to the other Party the followingrights for the conduct of international air transportationby the airlines of the other Party : a. the right to fly across its territory withoutlanding; 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 onthe airline or airlines of one Party the rights to take onboard, in the territory of the other Party, passengers, their baggage, cargo, or mail carried for compensation anddestined for another point in the territory of that other Party .
Designation and Authorization
1 . Each Party shall have the right to designate as manyairlines as it wishes to conduct international air transportation in accordance with this Agreement and to withdraw or alter such designations . Such designationsshall be transmitted to the other Party in writing throughdiplomatic channels, and shall identify whether the airlineis authorized to conduct the type of air transportationspecified in Annex I or in Annex II or both .
2 . On receipt of such a designation, and of applicationsfrom the designated airline, in the form and mannerprescribed for operating authorizations and technicalpermissions, the other Party shall grant appropriateauthorizations and permissions with minimum proceduraldelay, provided : a. substantial ownership and effective control of thatairline are vested in the Party designating theairline, nationals of that Party, or both ; b. the designated airline is qualified to meet theconditions prescribed under the laws and regulationsnormally applied to the operation of international airtransportation by the Party considering the applicationor applications ; and c. the Party designating the airline is maintainingand administering the standards set forth in Article 6(Safety) and Article 7 (Aviation Security) .
Revocation of Authorization
1. Either Party may revoke, suspend or limit the operatingauthorizations or technical permissions of an airlinedesignated by the other Party where : a. substantial ownership and effective control of thatairline are not vested in the other Party, the Party'snationals, or both ; b. that airline has failed to comply with the laws andregulations referred to in Article 5 (Application ofLaws) of this Agreement ; or
5 c . the other Party is not maintaining and administering the standards as set forth in Article 6 (Safety) .
2. Unless immediate action is essential to prevent furthernoncompliance with subparagraphs lb or lc of this Article,the rights established by this Article shall be exercisedonly after consultation with the other Party .
3. This Article does not limit the rights of either Partyto withhold, revoke, limit or impose conditions on theoperating authorization or technical permission of anairline or airlines of the other Party in accordance withthe provisions of Article 7 (Aviation Security) .
Application of Laws
1 . While entering, within, or leaving the territory of oneParty, its laws and regulations relating to the operationand navigation of aircraft shall be complied with by theother Party's airlines .
2 . While entering, within, or leaving the territory of oneParty, its laws and regulations relating to the admissionto or departure from its territory of passengers, crew orcargo on aircraft (including regulations relating to entry,clearance, aviation security, immigration, passports, customs and quarantine or, in the case of mail, postalregulations) shall be complied with by, or on behalf of,such passengers, crew or cargo of the other Party'sairlines .
1. Each Party shall recognize as valid, for the purpose ofoperating the air transportation provided for in thisAgreement, certificates of airworthiness, certificates ofcompetency, 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 recognizeas valid for the purpose of flight above its own territory,certificates of competency and licenses granted to orvalidated for its own nationals by the other Party .
2 . Either Party may request consultations concerning thesafety standards maintained by the other Party relating toaeronautical facilities, aircrews, aircraft, and operationof the designated airlines. If, following suchconsultations, one Party finds that the other Party doesnot effectively maintain and administer safety standardsand requirements in these areas that at least equal theminimum standards that may be established pursuant to theConvention, the other Party shall be notified of suchfindings and the steps considered necessary to conform withthese minimum standards, and the other Party shall takeappropriate corrective action . Each Party reserves theright to withhold, revoke, or limit the operatingauthorization or technical permission of an airline orairlines designated by the other Party in the event theother Party does not take such appropriate correctiveaction within a reasonable time .
1 . In accordance with their rights and obligations underinternational law, the Parties reaffirm that their obligation to each other to protect the security of civilaviation against acts of unlawful interference forms anintegral part of this Agreement . Without limiting thegenerality of their rights and obligations underinternational law, the Parties shall in particular act inconformity with the provisions of the Convention onOffenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, theConvention for the Suppression of Unlawful Seizure ofAircraft, signed at The Hague on December 16, 1970, and theConvention for the Suppression of Unlawful Acts against theSafety of Civil Aviation, signed at Montreal on September23, 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 Parties shall provide upon request all necessaryassistance to each other to prevent acts of unlawfulseizure of civil aircraft and other unlawful acts againstthe safety of such aircraft, of their passengers and crew,and of airports and air navigation facilities, and toaddress any other threat to the security of civil airnavigation .
3 . The Parties shall, in their mutual relations, act in conformity with the aviation security standards andappropriate recommended practices established by theInternational Civil Aviation Organization and designated asAnnexes to the Convention; they shall require thatoperators of aircraft of their registry, operators ofaircraft who have their principal place of business orpermanent residence in their territory, and the operatorsof airports in their territory act in conformity with suchaviation security provisions .
4 . Each Party agrees to observe the security provisionsrequired by the other Party for entry into, for departurefrom, and while within the territory of that other Partyand to take adequate measures to protect aircraft and toinspect passengers, crew, and their baggage and carry-onitems, as well as cargo and aircraft stores, prior to andduring boarding or loading. Each Party shall also givepositive consideration to any request from the other Partyfor special security measures to meet a particular threat .
5. When an incident or threat of an incident of unlawfulseizure of aircraft or other unlawful acts against thesafety of passengers, crew, aircraft, airports or airnavigation facilities occurs, the Parties shall assist eachother by facilitating communications and other appropriatemeasures intended to terminate rapidly and safely suchincident or threat .
6. When a Party has reasonable grounds to believe that theother Party has departed from the aviation securityprovisions of this Article, the aeronautical authorities ofthat Party may request immediate consultations with theaeronautical authorities of the other 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 operatingauthorization and technical permissions of an airline or airlines of that Party . When required by an emergency, aParty may take interim action prior to the expiry of 15 days .
1 . The airlines of each Party shall have the right, in accordance with the laws and regulations of the otherParty, to establish offices in the territory of the otherParty for the promotion and sale of air transportation .
2 . The designated airlines of each Party shall beentitled, in accordance with the laws and regulations of the other Party relating to entry, residence, andemployment, to bring in and maintain in the territory ofthe other 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 performits own ground-handling in the territory of the other Party("self-handling") or, at its option, select among competingagents 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 servicesshall 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 andquality of services as if self-handling were possible .
4 . Any airline of each Party may engage in the sale of airtransportation in the territory of the other Party directlyand, at the airline's discretion, through its agents,except as may be specifically provided by the charterregulations of the country in which the charter originatesthat 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, inthe currency of that territory or in freely convertiblecurrencies .
5 . Each airline shall have the right to convert and remit to its country, on demand, local revenues in excess of sumslocally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation inrespect thereof at the rate of exchange applicable tocurrent transactions and remittance on the date the carrier makes the initial application for remittance .
6 . The airlines of each Party shall be permitted to payfor local expenses, including purchases of fuel, in theterritory of the other Party in local currency . At their discretion, the airlines of each Party may pay for suchexpenses in the territory of the other Party in freely convertible currencies according to local currencyregulation .
7 . In operating or holding out the authorized services onthe agreed routes, any designated airline of one Party mayenter into cooperative marketing arrangements such asblocked-space, code-sharing or leasing arrangements, with a) an airline or airlines of either Party ; and b) an airline or airlines of a third country, provided that such third country authorizes or allows comparablearrangements between the airlines of the other Partyand other airlines on services to, from and via such third country ; provided that all airlines in such arrangements (1) holdthe appropriate authority and (2) meet the requirementsnormally applied to such arrangements .
8. Notwithstanding any other provision of this Agreement,airlines and indirect providers of cargo transportation ofboth Parties shall be permitted, without restriction, toemploy in connection with international air transportationany surface transportation for cargo to or from any pointsin the territories of the Parties or in third countries, including transport to and from all airports with customsfacilities, and including, where applicable, the right to transport cargo in bond under applicable laws andregulations . Such cargo, whether moving by surface or byair, shall have access to airport customs processing andfacilities . Airlines may elect to perform their ownsurface transportation or to provide it througharrangements with other surface carriers, including surfacetransportation operated by other airlines and indirectproviders of cargo air transportation . Such intermodal cargo services may be offered at a single, through pricefor the air and surface transportation combined, prnvidPdthat shippers are not misled as to the facts concerningsuch transportation .
Custom Duties and Charges
1 . On arriving in the territory of one Party, aircraftoperated in international air transportation by thedesignated airlines of the other Party, their regularequipment, ground equipment, fuel, lubricants, consumabletechnical supplies, spare parts (including engines),aircraft stores (including but not limited to such items offood, beverages and liquor, tobacco and other productsdestined for sale to or use by passengers in limited quantities during flight), and other items intended for orused solely in connection with the operation or servicingof aircraft engaged in international air transportationshall be exempt, on the basis of reciprocity, from allimport restrictions, property taxes and capital levies,customs duties, excise taxes, and similar fees and chargesthat are (1) imposed by the national authorities, and (2)not based on the cost of services provided, prnvidPd that such equipment and supplies remain on board the aircraft .
2 . There shall also be exempt, on the basis ofreciprocity, from the taxes, levies, duties, fees andcharges referred to in paragraph 1 of this Article, withthe exception of charges based on the cost of the service provided : a . aircraft stores introduced into or supplied in theterritory of a Party and taken on board, withinreasonable 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 territoryof the Party in which they are taken on board ; b. ground equipment and spare parts (includingengines) introduced into the territory of a Party forthe servicing, maintenance, or repair of aircraft of anairline of the other Party used in international airtransportation ; c. fuel, lubricants and consumable technical suppliesintroduced into or supplied in the territory of a Partyfor use in an aircraft of an airline of the other Partyengaged in international air transportation, even whenthese supplies are to be used on a part of the journeyperformed over the territory of the Party in which they are taken on board; and d. promotional and advertising materials introducedinto or supplied in the territory of one Party andtaken on board, within reasonable limits, for use on outbound aircraft of an airline of the other Partyengaged in international air transportation, even whenthese stores are to be used on a part of the journeyperformed over the territory of the Party in which theyare taken on board .
3 . Equipment and supplies referred to in paragraphs 1 and2 of this Article may be required to be kept under thesupervision or control of the appropriate authorities .
4 . The exemptions provided by this Article shall also beavailable where the designated airlines of one Party havecontracted with another airline, which similarly enjoyssuch exemptions from the other Party, for the loan ortransfer in the territory of the other Party of the itemsspecified in paragraphs 1 and 2 of this Article .
1 . User charges that may be imposed by the competentcharging authorities or bodies of each Party on theairlines of the other Party shall be just, reasonable, notunjustly discriminatory, and equitably apportioned among categories of users . In any event, any such user chargesshall be assessed on the airlines of the other Party onterms 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 Partymay reflect, but shall not exceed, the full cost to thecompetent charging authorities or bodies of providing theappropriate airport, airport environmental, air navigation,and aviation security facilities and services at theairport or within the airport system . Such full cost mayinclude a reasonable return on assets, after depreciation . Facilities and services for which charges are made shall beprovided on an efficient and economic basis .
3 . Each Party shall encourage consultations between thecompetent charging authorities or bodies in its territoryand the airlines using the services and facilities, andshall encourage the competent charging authorities orbodies and the airlines to exchange such information as maybe necessary to permit an accurate review of thereasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article . Each Party shall encourage the competent charging authorities toprovide users with reasonable notice of any proposal forchanges in user charges to enable users to express their views before changes are made .
4 . Neither Party shall be held, in dispute resolutionprocedures pursuant to Article 14, to be in breach of aprovision of this Article, unless (1) it fails to undertakea review of the charge or practice that is the subject ofcomplaint by the other Party within a reasonable amount of time; or (2) following such a review it fails to take allsteps within its power to remedy any charge or practicethat is inconsistent with this Article .
1. Each Party shall allow a fair and equal opportunity forthe designated airlines of both Parties to compete in providing the international air transportation governed bythis Agreement .
2 . Each Party shall allow each designated airline todetermine the frequency and capacity of the internationalair transportation it offers based upon commercialconsiderations in the marketplace. Consistent with this right, neither Party shall unilaterally limit the volume oftraffic, frequency or regularity of service, or theaircraft type or types operated by the designated airlinesof the other Party, except as may be required for customs,technical, operational, or environmental reasons underuniform conditions consistent with Article 15 of the Convention .
3 . Neither Party shall impose on the other Party'sdesignated airlines a first-refusal requirement, upliftratio, no-objection fee, or any other requirement withrespect to capacity, frequency or traffic that would beinconsistent with the purposes of this Agreement .
4. Neither Party shall require the filing of schedules,programs for charter flights, or operational plans byairlines of the other Party for approval, except as may berequired on a non-discriminatory basis to enforce theuniform conditions foreseen by paragraph 2 of this Articleor as may be specifically authorized in an Annex to thisAgreement . If a Party requires filings for informationpurposes, it shall minimize the administrative burdens offiling requirements and procedures on air transportationintermediaries and on designated airlines of the otherParty.
1. Each Party shall allow prices for air transportation tobe established by each designated airline based uponcommercial considerations in the marketplace. Intervention by the Parties shall be limited to : a . prevention of unreasonably discriminatory prices orpractices ;
b . protection of consumers from prices that areunreasonably high or restrictive due to the abuse of adominant position; and c . protection of airlines from prices that areartificially low due to direct or indirect governmentalsubsidy or support .
2 . Each Party may require notification to or filing withits aeronautical authorities of prices to be charged to orfrom its territory by airlines of the other Party . Notification or filing by the airlines of both Parties maybe required no more than 30 days before the proposed dateof effectiveness . In individual cases, notification or filing may be permitted on shorter notice than normallyrequired. Neither Party shall require the notification orfiling by airlines of the other Party of prices charged bycharterers to the public, except as may be required on anon-discriminatory basis for information purposes .
3 . Neither Party shall take unilateral action to preventthe inauguration or continuation of a price proposed to becharged or charged by (1) an airline of either Party forinternational air transportation between the territories ofthe Parties, or (2) an airline of one Party forinternational air transportation between the territory ofthe other Party and any other country, including in bothcases transportation on an interline or intraline basis . If either Party believes that any such price isinconsistent with the considerations set forth in paragraph(1) of this Article, it shall request consultations andnotify the other Party of the reasons for itsdissatisfaction as soon as possible. These consultations shall be held not later than 30 days after receipt of therequest, and the Parties shall cooperate in securinginformation necessary for reasoned resolution of the issue . If the Parties reach agreement with respect to a price forwhich a notice of dissatisfaction has been given, eachParty shall use its best efforts to put that agreement into effect. Without such mutual agreement, the price shall gointo effect or continue in effect .
Either Party may, at any time, request consultationsrelating to this Agreement. Such consultations shall beginat the earliest possible date, but not later than 60 daysfrom the date the other Party receives the request unlessotherwise agreed .
Settlement of Disputes
1. Any dispute arising under this Agreement, except thosethat may arise under paragraph 3 of Article 12 (Pricing),that is not resolved by a first round of formalconsultations may be referred by agreement of the Partiesfor decision to some person or body. If the Parties do not so agree, the dispute shall, at the request of eitherParty, be submitted to arbitration in accordance with theprocedures set forth below .
2 . Arbitration shall be by a tribunal of three arbitratorsto be constituted as follows : a . Within 30 days after the receipt of a request forarbitration, each Party shall name one arbitrator . Within 60 days after these two arbitrators have beennamed, they shall by agreement appoint a thirdarbitrator, who shall act as President of the arbitral tribunal ; b. If either Party fails to name an arbitrator, or ifthe third arbitrator is not appointed in accordancewith subparagraph a of this paragraph, either Party mayrequest the President of the Council of theInternational Civil Aviation Organization to appointthe necessary arbitrator or arbitrators within 30 days . If the President of the Council is of the same nationality as one of the Parties, the most senior VicePresident who is not disqualified on that ground shallmake 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 interimrelief measures pending its final determination . At the direction of the tribunal or at the request of either ofthe Parties, a conference to determine the precise issuesto be arbitrated and the specific procedures to be followedshall be held not later than 15 days after the tribunal is fully constituted .
4 . Except as otherwise agreed or as directed by thetribunal, each Party shall submit a memorandum within 45days 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 15 days after replies are due .
5 . The tribunal shall attempt to render a written decisionwithin 30 days after completion of the hearing or, if nohearing is held, after the date both replies are submitted . The decision of the majority of the tribunal shall prevail .
6 . The Parties may submit requests for clarification ofthe decision within 15 days after it is rendered and anyclarification given shall be issued within 15 days of such request .
7 . Each Party shall, to the degree consistent with itsnational law, give full effect to any decision or award of the arbitral tribunal .
8 . The expenses of the arbitral tribunal, including thefees 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 2.b. of this Article shall be considered to be part of the expenses of the arbitral tribunal .
Either Party may, at any time, give notice in writing tothe other Party of its decision to terminate this Agreement . Such notice shall be sent simultaneously to theInternational Civil Aviation Organization. This Agreement shall terminate at midnight (at the place of receipt of thenotice to the other Party) immediately before the firstanniversary of the date of receipt of the notice by theother Party, unless the notice is withdrawn by agreement ofthe Parties before the end of this period .
Registration with ICAO
This Agreement and all amendments thereto shall beregistered with the International Civil Aviation Organization .
Entry into Force
This Agreement shall enter into force on the date of signature. Upon entry into force, this Agreement shall supersede, as between the Parties, the Civil Air TransportAgreement between the Government of the United States ofAmerica and the Government of the Union of Soviet Socialist Republics of June 1, 1990, as amended .
IN WITNESS WHEREOF, the undersigned, being duly authorizedby their respective Governments, have signed thisAgreement . DONE at Washington, in duplicate, this twenty-seventh dayof February, 1998, in the English language, which shall bean authentic text . A translation of the Agreement into theUzbek language shall be prepared which shall be consideredequally authentic when agreed upon by an exchange ofdiplomatic notes that confirm its conformity with theEnglish language text .
FOR THE GOVERNMENT OF THE THE REPUBLIC OF UZBEKISTAN :
FOR THE GOVERNMENT OF UNITED STATES OF AMERICA :
Schedued Air Transportation
Airlines of each Party designated under this Annex shall,in accordance with the terms of their designation, beentitled to perform scheduled international airtransportation between points on the following routes : A. Roiites for the airline or airlines designated by theGovernment of the United States
1 . From points behind the United States via the UnitedStates and intermediate points to a point or points inUzbekistan and beyond .
2 . For all-cargo service or services, between Uzbekistanand any point or points . B . prnites for the airline or airlines designated by theGovernment, of the RepiihlicofTTzhekistan :
1 . From points behind Uzbekistan via Uzbekistan andintermediate points to a point or points in the UnitedStates and beyond .
2 . For all-cargo service or services, between the UnitedStates and any point or points . Section 2 operational Flexihilit.y 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 andpoints in the territories of the Parties on the routesin any combination and in any order; 4 . Omit stops at any point or points ;
5 . Transfer traffic from any of its aircraft to any of itsother aircraft at any point on the routes ; and
6 . Serve points behind any point in its territory with orwithout change of aircraft or flight number and mayhold out and advertise such services to the public asthrough services ; without directional or geographic limitation and withoutloss of any right to carry traffic otherwise permissible under this Agreement ; prnvidP8 that, with the exception ofall-cargo services, the service serves a point in theterritory of the Party designating the airline . Sect-.inn 'I Change of (;aiugP On any segment or segments of the routes above, anydesignated airline may perform international airtransportation without any limitation as to change, at anypoint on the route, in type or number of aircraft operated ; providec1 that, with the exception of all-cargo services, inthe outbound direction, the transportation beyond suchpoint is a continuation of the transportation from theterritory of the Party that has designated the airline and,in the inbound direction, the transportation to theterritory of the Party that has designated the airline is acontinuation of the transportation from beyond such point .
Charter Air Transportation
Airlines of each Party designated under this Annex shall,in accordance with the terms of their designation, have theright to carry international charter traffic of passengers(and their accompanying baggage) and/or cargo (including,but not limited to, freight forwarder, split, andcombination (passenger/cargo) charters) : Between any point or points in the territory of theParty 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 theother Party and any point or points in a third country or countries, provided that except with respect tocargo charters, such service constitutes part of acontinuous operation, with or without a change ofaircraft, that includes service to the homeland for thepurpose 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 shallalso 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'sterritory; (3) to combine on the same aircraft trafficoriginating in one Party's territory, traffic originatingin 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 anypoint on the route, in type or number of aircraft operated ; provided that, except with respect to cargo charters, inthe outbound direction, the transportation beyond suchpoint is a continuation of the transportation from theterritory of the Party that has designated the airline andin the inbound direction, the transportation to theterritory of the Party that has designated the airline is acontinuation of the transportation from beyond such point . Each Party shall extend favorable consideration toapplications by airlines of the other Party to carry
traffic not covered by this Annex on the basis of comityand reciprocity . SPCt.inn2 Any airline designated by either Party performinginternational charter air transportation originating in theterritory of either Party, whether on a one-way or round-trip basis, shall have the option of complying with thecharter laws, regulations, and rules either of its homelandor of the other Party. If a Party applies different rules,regulations, terms, conditions, or limitations to one ormore of its airlines, or to airlines of different countries, each designated airline shall be subject to theleast restrictive of such criteria . However, nothing contained in the above paragraph shalllimit the rights of either Party to require airlinesdesignated under this Annex by either Party to adhere torequirements relating to the protection of passenger fundsand passenger cancellation and refund rights . ,4Prt.inn'I Except with respect to the consumer protection rulesreferred to in the preceding paragraph above, neither Partyshall require an airline designated under this Annex by theother Party, in respect of the carriage of traffic from theterritory of that other Party or of a third country on aone-way or round-trip basis, to submit more than adeclaration of conformity with the applicable laws,regulations and rules referred to under section 2 of thisAnnex or of a waiver of these laws, regulations, or rulesgranted 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 aboutairline services available to travel agents who directlydistribute such information to the traveling public and theability of an airline to offer those agents competitivecomputer reservations systems (CRSs) represent thefoundation for an airline's competitive opportunities, andConsidering that it is equally necessary to ensure that theinterests of the consumers of air transport products areprotected from any misuse of such information and itsmisleading presentation and that airlines and travel agentshave access to effectively competitive computerreservations systems :
1 . The Parties agree that CRSs will have integratedprimary displays for which : a. Information regarding international air services,including the construction of connections on thoseservices, shall be edited and displayed based on nondiscriminatory
and objective criteria that are notinfluenced, 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 aspossible . c . CRS vendors shall not delete information submitted by participating airlines; such information shall be accurate and transparent ; for example, code-shared andchange-of-gauge flights and flights with stops shouldbe clearly identified as having those characteristics . d. All CRSs that are available to travel agents whodirectly distribute information about airline services
24 to the traveling public in either Party's territoryshall not only be obligated to, but shall also beentitled to, operate in conformance with the CRS rules that apply in the territory where the CRS is beingoperated . e . Travel agents shall be allowed to use any of thesecondary displays available through the CRS so long asthe travel agent makes a specific request for thatdisplay .
2 . A Party shall require that each CRS vendor operating inits territory allow all airlines willing to pay anyapplicable non-discriminatory fee to participate in its CRS . A Party shall require that all distributionfacilities that a system vendor provides shall be offeredon a non-discriminatory basis to participating airlines . A Party shall require that CRS vendors display, on a nondiscriminatory,
objective, carrier-neutral and market-neutral basis, the international air services of participating airlines in all markets in which they wish tosell those services . Upon request, a CRS vendor shall disclose details of its data base update and storageprocedures, its criteria for editing and rankinginformation, the weight given to such criteria, and thecriteria used for selection of connect points and inclusionof connecting flights .
3 . CRS vendors operating in the territory of one Partyshall be entitled to bring in, maintain, and make freelyavailable their CRSs to travel agencies or travel companieswhose principal business is the distribution of travel-related products in the territory of the other Party if the CRS complies with these principles .
4 . Neither Party shall, in its territory, impose or permitto be imposed on the CRS vendors of the other Party morestringent requirements with respect to access to and use ofcommunication 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 .
5. Neither Party shall, in its territory, impose or permitto be imposed on the CRS vendors of the other Party morerestrictive requirements with respect to CRS displays(including edit and display parameters), operation, or salethan those imposed on its own CRS vendors .
6 . 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 theterritory of the other Party. One aspect of this is that adesignated airline shall participate in such a system asfully in its homeland territory as it does in any systemoffered to travel agents in the territory of the otherParty. 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 .