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1. “aeronautical authorities” means, in the case of the United States, the Department
of Transportation and, in the case of the Kingdom of the Netherlands, in respect of
the Caribbean part of the Netherlands, the Ministry of Infrastructure and Water Management
of the Netherlands, and any person or agency authorized to perform functions exercised
by the Department of Transportation or the Ministry of Infrastructure and Water Management;
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2. “Agreement” means this Agreement and any amendments thereto;
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3. “air transportation” means the public carriage by aircraft of passengers, baggage,
cargo, and mail, separately or in combination, scheduled or charter, for remuneration
or hire;
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4. “airline of a Party” means, in the case of the United States, an airline that has
received its Air Operator’s Certificate (AOC) from the aeronautical authorities of
the United States and has its principal place of business in the United States, hereinafter
referred to as an airline of the United States; and in the case of the Kingdom of
the Netherlands, in respect of the Caribbean part of the Netherlands, an airline that
has received its AOC from the aeronautical authorities of the Netherlands and has
its principal place of business in the Caribbean part of the Netherlands, hereinafter
referred to as an airline of the Caribbean part of the Netherlands;
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5. “Caribbean part of the Netherlands” means the islands of Bonaire, Sint Eustatius and
Saba;
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6. “Convention” means the Convention on International Civil Aviation, done at Chicago December 7, 1944, and includes:
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7. “full cost” means the cost of providing service plus a reasonable charge for administrative
overhead;
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8. “international air transportation” means air transportation that passes through the
airspace over the territory of more than one State;
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9. “nationals”, in the case of the United States, means nationals of the United States,
and, in the case of the Kingdom of the Netherlands, in respect of the Caribbean part
of the Netherlands, means nationals of the Kingdom of the Netherlands who are formally
registered as local citizens with Dutch nationality in the municipal registry of the
Caribbean part of the Netherlands;
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10. “price” means any fare, rate, or charge for the carriage of passengers, baggage, or
cargo (excluding mail) in air transportation, including surface transportation in
connection with international air transportation, charged by airlines, including their
agents, and the conditions governing the availability of such fare, rate, or charge;
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11. “stop for non-traffic purposes” means a landing for any purpose other than taking
on or discharging passengers, baggage, cargo, or mail in air transportation;
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12. “territory” in the case of the United States, means the land areas, internal waters,
and territorial sea under the sovereignty of the United States, and, in the case of
the Kingdom of the Netherlands, in respect of the Caribbean part of the Netherlands,
means the land areas, internal waters, and territorial sea under the sovereignty of
the Kingdom of the Netherlands, in respect of the Caribbean part of the Netherlands,
in accordance with international law;
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13. “third country” or “other country” or “different country” shall include the European
part of the Netherlands, as well as Aruba, Curaçao and Sint Maarten; and
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14. “user charge” means a charge imposed on airlines for the provision of airport, airport
environmental, air navigation, or aviation security facilities or services including
related services and facilities.