The Kingdom of the Netherlands, in respect of Curaçao,
and
the Republic of Panama (hereinafter, “the Parties”);
Being Parties to the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944;
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 services opportunities;
Recognising that efficient and competitive international air services enhance trade,
welfare of consumers, and economic growth;
Desiring to make it possible for airlines to offer the travelling 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; and
Desiring to ensure the highest degree of safety and security in international air
services and reaffirming their grave concern about acts or threats against the security
of aircraft, which jeopardise the safety of persons or property, adversely affect
the operation of air services, and undermine public confidence in the safety of civil
aviation;
For the purposes of this Agreement, unless otherwise stated, the term:
-
a) “agreed services” means scheduled air services on the routes specified in this Agreement
for the transport of passengers and cargo, including mail, separately or in combination;
-
b) “air service”, “international air service” and “airline” shall have the meanings respectively
assigned to them in Article 96 of the Convention;
-
c) “air transportation” means the public carriage by aircraft of passengers, baggage,
cargo and mail, separately or in combination, for remuneration or hire;
-
d) “aeronautical authorities” means, in the case of the Republic of Panama, the Civil
Aeronautical Authority; in the case of the Kingdom of the Netherlands, in respect
of Curaçao, the Minister of Traffic, Transport and Urban Planning of Curaçao; or in
both cases any other authority or person empowered to perform the functions now exercised
by the said authorities;
-
e) “Agreement” means this Agreement, its Annexes, and any amendments thereto;
-
f) “capacity” means the amount(s) of services provided under the Agreement, usually measured
in the number of flights (frequencies) or seats or tons of cargo offered in a market
(city pair, or country-to-country) or on a route during a specific period, such as
daily, weekly, seasonally or annually;
-
g) “change of aircraft” means the operation of one of the agreed services by a designated
airline in such a way that one or more sectors of the Specified Route are flown by
a different aircraft;
-
h) “Convention” means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944, and includes any Annex adopted
under Article 90 of that Convention, and any amendment of the Annexes or the Convention under Articles 90 and 94, insofar as such Annexes and amendments have become effective for both Parties;
-
i) “designated airline” means an airline which has been designated and authorised in
accordance with Article 3 of this Agreement;
-
j) “domestic air transportation” means air transportation in which passengers, baggage,
cargo and mail which are taken on board in the territory of a Party and which are
destined to another point in that same territory;
-
k) “ICAO” means the International Civil Aviation Organisation;
-
l) “tariffs” means the prices to be charged for the carriage of passengers and cargo
and the conditions under which those prices apply, but excluding remuneration and
conditions for the carriage of mail;
-
m) “territory” in relation to either Party shall be deemed to be the land area, territorial
waters adjacent thereto and includes the air space above these areas under the sovereignty,
suzerainty, protection or mandate of the Party;
-
n) “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.
Article 2. Grant of rights
-
3 The airlines of each Party, other than those designated under Article 3 (Designation and Authorization) of this Agreement, shall also enjoy the rights specified
in paragraphs 2 a) and b) of this Article.
-
4 Nothing in paragraph 2 of this Article shall be deemed to confer on the designated
airline(s) of one Party the right of taking on board, in the territory of the other
Party, passengers, cargo and mail for remuneration and destined for another point
in the territory of the other Party.
Article 3. Designation and Authorization
-
2 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,
each Party shall grant the appropriate operating authorizations with minimum procedural
delay, provided that:
-
a) the designated airline has its principal place of business in the territory of the
designating Party;
-
b) the Party designating the airline has and maintains effective regulatory control of
the airline;
-
c) the Party designating the airline is in compliance with the provisions set forth in
Article 8 (Safety) and Article 9 (Aviation Security); and
-
d) the designated airline is qualified to meet other conditions prescribed under the
laws and regulations normally applied to the operation of international air transport
services by the Party receiving the designation.
-
3 On receipt of the operating authorization of paragraph 2 of this Article, a designated
airline may at any time begin to operate the agreed services for which it is so designated,
provided that the airline complies with the applicable provisions of this Agreement.
Article 4. Withholding, revocation and limitation of authorization
-
1 The aeronautical authorities of each Party shall have the right to withhold the authorizations
referred to in Article 3 (Designation and Authorization) of this Agreement with respect to an airline designated
by the other Party, and to revoke, suspend or impose conditions on such authorizations,
temporarily or permanently:
-
a) in the event that they are not satisfied that the designated airline has its principal
place of business in the territory of the designating Party;
-
b) in the event that they are not satisfied that the Party designating the airline has
and maintains effective regulatory control of the airline;
-
c) in the event of failure of the Party designating the airline to comply with the provisions
set forth in Article 8 (Safety) and Article 9 (Aviation Security); and
-
d) in the event of failure that such designated airline is qualified to meet other conditions
prescribed under the laws and regulations normally applied to the operation of international
air transport services by the Party receiving the designation.
-
2 Unless immediate action is essential to prevent infringement of the laws and regulations
referred to above or unless safety or security requires action in accordance with
the provisions of Article 8 (Safety) or Article 9 (Aviation Security), the rights enumerated in paragraph 1 of this Article shall be
exercised only after consultations between the aeronautical authorities in conformity
with Article 28 (Consultations) of this Agreement.
Article 5. Application of laws and regulations
-
1 The laws and regulations of one Party governing entry into and departure from its
territory of aircraft engaged in international air services, or the operation and
navigation of such aircraft while within its territory, shall be applied to aircraft
of the designated airline of the other Party.
-
2 The laws and regulations of one Party relating to the entry into, stay in and departure
from its territory of passengers, crew and cargo including mail such as those regarding
immigration, customs, currency and health and quarantine shall apply to passengers,
crew, cargo and mail carried by the aircraft of the designated airline of the other
Party while they are within the said territory.
-
3 Neither Party shall give preference to its own or any other airline over a designated
airline of the other Party engaged in similar international air transportation in
the application of its immigration, customs, quarantine and similar regulations.
Article 6. Direct transit
Baggage and cargo in direct transit shall be exempt from customs duties and other
similar taxes.
Article 7. Recognition of Certificates and Licences
-
1 Certificates of airworthiness, certificates of competency and licences issued or rendered
valid by one Party and still in force shall be recognised as valid by the other Party
for the purpose of operating the agreed services on the specific routes, provided
that the requirements under which such certificates and licences were issued or rendered
valid are in conformity with the minimum standards established under the Convention.
-
2 If the privileges or conditions of the licences or certificates referred to in paragraph
1 above, issued by the aeronautical authorities of one Party to any person or designated
airline or in respect of an aircraft used in the operation of the agreed services,
should permit a difference from the minimum standards established under the Convention, and which difference has been filed with the ICAO, the other Party may request consultations
between the aeronautical authorities with a view to clarifying the practice in question.
-
3 Each Party reserves the right, however, to refuse to recognise for the purpose of
flights above or landing within its own territory, certificates of competency and
licences granted to its own nationals by the other Party.
-
1 Each Party may request consultations at any time concerning the safety standards maintained
by the other Party in areas relating to aeronautical facilities, flight crew, aircraft
and the operation of aircraft. Such consultations shall take place within thirty (30)
days of that request.
-
2 If, following such consultations, one Party finds that the other Party does not effectively
maintain and administer safety standards in these areas that are at least equal to
the minimum standards established at that time pursuant to the Convention, the other Party shall be notified of such findings and of the steps considered necessary
to conform with these minimum standards. The other Party shall then take appropriate
corrective action within an agreed time period. Failure by the other Party to take
appropriate corrective action within fifteen (15) days, or such other period as may
be agreed, may be grounds for withholding, revoking, suspending or imposing conditions
on the authorizations of the designated airlines of the other Party.
-
3 Pursuant to Article 16 of the Convention and not withstanding the obligations mentioned in Article 33 of the Convention, it is further agreed that, any aircraft operated by, or under lease agreement, on
behalf of an airline or airlines of one Party, on services to or from the territory
of the other Party, may, while within the territory of the other Party, be the subject
of an examination by the authorized representatives of the other Party, on board and
around the aircraft to check both the validity of the aircraft documents and those
of its crew and the apparent condition of the aircraft and its equipment (in this
Article called “ramp inspection”), provided this does not cause unreasonable delay
in the operation of the aircraft. Notwithstanding the obligations mentioned in Article
33 of the Convention, the purpose of this search is to verify the validity of the
relevant aircraft documentation, the licensing of its crew, and that the aircraft
equipment and the condition of the aircraft conform to the Standards established at
that time pursuant to the Convention.
-
6 With reference to paragraph 2 of this Article, if it is determined that one Party
remains in non-compliance with ICAO Standards when the agreed time period has lapsed,
the Secretary General of ICAO should be advised thereof. The latter should also be
advised of the subsequent satisfactory resolution of the situation.
Article 9. Aviation Security
-
1 Consistent 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 Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, signed at Montreal on 24 February 1988, and the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 and any other convention and protocol relating
to the security of civil aviation which becomes binding on both Parties.
-
2 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, their passengers and crew, airports and air navigation facilities,
and any other threat to the security of civil aviation.
-
3 The Parties shall, in their mutual relations, act in conformity with the aviation
security provisions established by ICAO and designated as Annexes to the Convention, to the extent that such security provisions are applicable to the Parties. Each
Party shall require that operators of aircraft of their registry or 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 shall, upon request, notify the other Party of any
difference between its national regulations and practices and the aviation security
standards of the Annexes referred to in this paragraph. Either Party may request immediate
consultations with the other Party at any time to discuss any such differences.
-
4 Each Party agrees that such operators of aircraft may be required to observe the aviation
security provisions referred to in paragraph 3 above required by the other Party for
entry into, departure from, or while within, the territory of that other Party. Each
Party shall ensure that adequate measures are effectively applied within its territory
to protect the aircraft and to inspect passengers, crew, carry-on items, baggage,
cargo and aircraft stores prior to and during boarding or loading. Each Party shall
also act favourably upon any request from the other Party for reasonable special security
measures to meet a particular threat.
-
5 When an incident or threat of an incident of unlawful seizure of civil aircraft or
other unlawful acts against the safety of such aircraft, their passengers and crew,
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 thereof.
-
6 Each Party shall have the right, within sixty (60) days following notice or such shorter
period as may be agreed between the aeronautical authorities, for its aeronautical
authorities to conduct an assessment in the territory of the other Party of the security
measures being carried out, or planned to be carried out, by aircraft operators in
respect of flights arriving from, or departing to the territory of the first Party.
The administrative arrangements for the conduct of such assessments shall be agreed
between the aeronautical authorities and implemented without delay so as to ensure
that assessments will be conducted expeditiously.
-
7 When a Party has reasonable grounds to believe that the other Party has departed from
the provisions of this Article, the first Party may request consultations. Such consultations
shall start within fifteen (15) days of receipt of such a request from either Party.
Failure to reach a satisfactory agreement within fifteen (15) days from the start
of consultations shall constitute grounds for withholding, revoking, suspending or
imposing conditions on the authorizations of the airline or airlines designated by
the other Party. When justified by an emergency, or to prevent further non-compliance
with the provisions of this Article, the first Party may take interim action prior
to the expiry of fifteen (15) days.
Article 10. Inadmissible and undocumented passengers and deportees
-
3 Pursuant to the objectives above, each Party agrees to issue, or to accept, as the
case may be, the letter relating to “fraudulent, falsified or counterfeit travel documents
or genuine documents presented by imposters” set out in Appendix 9 b) to Annex 9,
when taking action under relevant paragraphs of Chapter 3 of the Annex regarding the seizure of fraudulent, falsified or counterfeit travel documents.
-
1 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 favourable than the most favourable terms available to any other airline
at the time the charges are assessed.
-
2 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 full costs
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.
-
3 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 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 in paragraphs 1 and 2. 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.
-
4 Neither Party shall be held, in dispute resolution procedures pursuant to Article 29 (Settlement of disputes), to be in breach of a provision of this Article, unless:
-
a) 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
-
b) 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.
-
5 Airports, airways, air traffic control and air navigation services, aviation security,
and other related facilities and services that are provided in the territory of one
Party shall be available for use by the airlines of the other Party on terms no less
favourable than the most favourable terms available to any airline engaged in similar
international air services at the time arrangements for use are made.
Article 12. Customs duties
-
1 Each Party shall on the basis of reciprocity exempt a designated airline of the other
Party to the fullest extent possible under its national law from import restrictions,
customs duties, excise taxes, inspection fees and other national duties and charges
not based on the cost of services provided on arrival, on aircraft, fuel, lubricating
oils, consumable technical supplies, spare parts including engines, regular aircraft
equipment, aircraft stores and other items such as printed ticket stock, air waybills,
any printed material which bears the insignia of the company printed thereon and usual
publicity material distributed free of charge by that designated airline intended
for use or used solely in connection with the operation or servicing of aircraft of
the designated airline of such other Party operating the agreed services.
-
2 The exemptions granted by this Article shall apply to the items referred to in paragraph
1:
-
a) introduced into the territory of the Party by or on behalf of the designated airline
of the other Party;
-
b) retained on board aircraft of the designated airline of one Party upon arrival in
or leaving the territory of the other Party; or
-
c) taken on board aircraft of the designated airline of one Party in the territory of
the other Party and intended for use in operating the agreed services;
whether or not such items are used or consumed wholly within the territory of the
Party granting the exemption, provided the ownership of such items is not transferred
in the territory of the said Party.
-
3 The regular airborne equipment, as well as the materials and supplies normally retained
on board the aircraft of a designated airline of either Party, may be unloaded in
the territory of the other Party only with the approval of the customs authorities
of that territory. In such case, they may be placed under the supervision of the said
authorities up to such time as they are re-exported or otherwise disposed of in accordance
with customs regulations.
Article 14. Fair competition
Each designated airline shall have a fair opportunity to operate the routes specified
in the Agreement.
-
2 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 15 of the Convention.
-
3 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 the capacity, frequency or traffic which would be inconsistent with the purposes
of this Agreement.
-
4 Neither Party shall require the filing of schedules, programmes 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 uniform conditions as foreseen by
paragraph 2 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.
-
1 The Parties agree to give particular attention to tariffs which may be objectionable
because they appear unreasonably discriminatory, unduly high or restrictive because
of the abuse of a dominant position, artificially low because of direct or indirect
subsidy or support, or “predatory”.
-
2 Each Party may require notification or filing of tariffs proposed by the designated
airline(s) of the other Party for carriage to or from its territory. Such notification
or filing may be required not more than thirty (30) days before the proposed date
of introduction. In special cases, this period may be reduced.
-
4 Approval of tariffs consequent upon the provisions of paragraph 3 above may be given
expressly by either Party to the airline(s) filing the tariffs. Where either Party
believes that a tariff falls within the categories described in paragraph 1 above,
such Party shall give notice of dissatisfaction to the other Party as soon as possible
and at least within thirty (30) days of the date of notification or filing of the
tariff, and may avail itself of the consultation procedures set out in paragraph 5
below. However, unless both Parties have agreed in writing to disapprove the tariffs
concerned under those procedures, the tariffs shall be considered approved.
-
5 Each Party may request consultation regarding any tariff of an airline of either Party
for services covered by this Agreement, including where the tariff concerned has been
subject to a notice of dissatisfaction. Such consultations shall be held not later
than thirty (30) days after receipt of the request. The Parties shall cooperate in
securing information necessary for reasoned resolution of the issues. If the Parties
reach agreement with respect to a tariff for which notice of dissatisfaction has been
given, each Party shall use its best efforts to put that agreement into effect but
if no agreement is reached the tariff in question shall go into or continue in effect.
-
2 If the aeronautical authorities of one Party consider that an operation or operations
intended or conducted by the designated airline of the other Party may constitute
unfair competitive behaviour in accordance with the indicators listed in paragraph
1 of this Article, they may request consultation in accordance with Article 28 (Consultations) of this Agreement with a view to resolving the problem. Any such
request shall be accompanied by notice of the reasons for the request, and the consultation
shall begin within fifteen (15) days after receipt of the request.
Article 18. Currency conversion and remittance of earnings
Each Party shall permit airline(s) of the other Party to convert and transmit abroad
to the airline(s) choice of State, on demand, all local revenues from the sale of
air transport services and associated activities directly linked to air transport
in excess of sums locally disbursed, with conversion and remittance permitted promptly
without restrictions, discrimination or taxation in respect thereof at the rate of
exchange applicable as of the date of the request for conversion and remittance.
Article 19. Sale and marketing of air service products
-
1 Each Party shall accord airlines of the other Party the right to sell and market international
air services and related products in its territory (directly or through agents or
other intermediaries of the airline's choice), including the right to establish offices,
both on-line and off-line.
-
2 Each airline shall have the right to sell transportation in the currency of that territory
or, at its discretion, in freely convertible currencies of other countries, and any
person shall be free to purchase such transportation in currencies accepted by that
airline.
Article 20. Non-national personnel and access to local services
Each Party shall permit designated airlines of the other Party to:
-
a) bring in to its territory and maintain non-national employees who perform managerial,
commercial, technical, operational and other specialist duties which are required
for the provision of air transport services, consistent with the laws and regulations
of the receiving Party concerning entry, residence and employment; and
-
b) use the services and personnel of any other organization, company or airline operating
in its territory and authorized to provide such services.
Article 21. Change of aircraft
On any international segment or segments of the agreed routes, a 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 the
transportation beyond such point is a continuation of the transportation from the
territory of the Party that has designated the airline and, in the inbound direction,
the transportation to the territory of the Party that has designated the airline is
a continuation of the transportation from beyond such point.
Article 22. Ground handling
-
2 An air carrier is permitted to choose freely from among the alternatives available
and to combine or change its option, except where this is demonstrably impractical
and also where constrained by relevant safety and security considerations, and, with
the exception of self-handling in a) above, by the scale of airport operations being
too small to sustain competitive providers.
Article 23. Cooperative arrangements
-
1 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 joint
venture, blocked space or code sharing 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 airlines in such arrangements 1) hold the appropriate authority
and 2) meet the requirements normally applied to such arrangements.
-
2 The Parties agree to take the necessary action to ensure that consumers are fully
informed and protected with respect to code shared flights operating to or from their
territory and that, as a minimum, passengers be provided with the necessary information
in the following ways:
-
a) orally and, if possible, in writing at the time of booking;
-
b) in written form, on the ticket itself and/or (if not possible), on the itinerary document
accompanying the ticket or on any other document replacing the ticket, such as a written
confirmation, including information on whom to contact in case of a problem and a
clear indication of which airline is responsible in case of damage or accident; and
-
c) orally again, by the airline's ground staff at all stages of the journey.
-
2 Subject to paragraph 1 above, the designated airlines of each Party may use aircraft
leased from other airlines, provided all participants in such arrangements hold the
appropriate authority and meet the requirements applied to such arrangements.
Article 25. Intermodal services
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 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 transportation.
The aeronautical authorities of both Parties shall supply each other, on request,
with periodic statistics or other similar information relating to the traffic carried
on the agreed services.
Article 27. Approval of schedules
-
2 For supplementary flights which the designated airline of one Party wishes to operate
on the agreed services outside the approved timetable, that airline must request prior
permission from the aeronautical authorities of the other Party. Such requests shall
usually be submitted at least two (2) working days prior to the operation of such
flights.
Article 28. Consultations
-
1 Either Party may, at any time, request consultation on the interpretation, application,
implementation or amendment of this Agreement or compliance with this Agreement.
Article 29. Settlement of disputes
-
2 If the Parties fail to reach a settlement through consultations, the dispute may,
at the request of either Party, be submitted to arbitration in accordance with the
procedures set forth below.
-
3 Arbitration shall be by a tribunal of three arbitrators, one to be named by each Party
and the third to be agreed upon by the two arbitrators so chosen, provided that the
third such arbitrator shall not be a national of either Party. Each Party shall designate
an arbitrator within a period of sixty (60) days from the date of receipt by either
Party from the other Party of a diplomatic note requesting arbitration of the dispute,
and the third arbitrator shall be agreed upon within a further period of sixty (60)
days. If either of the Parties fails to designate its own arbitrator within the period
of sixty (60) days or if the third arbitrator is not agreed on within the period indicated,
the President of the Council of ICAO may be requested by either Party to appoint an
arbitrator or arbitrators. If the President 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.
-
7 If and so long as either Party fails to comply with any decision given under paragraph
3 of this Article, the other Party may limit, withhold or revoke any rights or privileges
which it has granted by virtue of this Agreement to the Party in default or to the
designated airline or airlines in default.
Article 31. Multilateral agreements
If both Parties become parties to a multilateral agreement that addresses matters
covered by this Agreement, they shall consult to determine whether this Agreement
should be revised to take into account the multilateral agreement.
Either Party may, at any time, give notice in writing, through diplomatic channels,
to the other Party of its decision to terminate this Agreement. Such notice shall
be simultaneously communicated to ICAO. This Agreement shall terminate at midnight
twelve months after the date of receipt of the notice by the other Party, unless the
notice is withdrawn by agreement before the end of this period. In the absence of
acknowledgement of receipt by the other Party, the notice shall be deemed to have
been received fourteen (14) days after receipt of the notice by ICAO.
Article 33. Registration with ICAO
This Agreement and any amendment thereto shall be registered with the International
Civil Aviation Organization.
Article 34. Applicability of the Agreement
As regards the Kingdom of the Netherlands this Agreement shall apply to Curaçao only.
Article 35. Entry into force
This Agreement shall enter into force on the first day of the second month following
the date of the last written notification, through diplomatic channels, by which the
Parties shall have notified each other that all necessary internal procedures for
entry into force of this Agreement have been completed.