The Kingdom of the Netherlands, in respect of Curaçao,
and
the State of Kuwait (hereinafter referred to as the “Contracting Parties”);
Desiring to foster the development of air services between the State of Kuwait and
the Kingdom of the Netherlands, in respect of Curaçao, and to promote in the greatest
possible measure international co-operation in this field;
Desiring to apply to these services the principles and provisions of the Convention on International Civil Aviation and of the International Air Services Transit Agreement opened for signature at Chicago on the seventh day of December 1944;
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 jeopardize 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 purpose of this Agreement, unless the text otherwise requires:
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a. the term “aeronautical authorities” means in the case of the State of Kuwait, the
Directorate General of Civil Aviation; in the case of the Kingdom of the Netherlands,
in respect of Curaçao, the Minister responsible for Civil Aviation of Curaçao; or,
in both cases, any other person or agency authorised to perform the functions exercised
at present by the said authorities;
-
b. the term “agreed services” means scheduled air services on the routes specified in
the Annex to this Agreement for the transport of passengers, cargo and mail in accordance with
the agreed capacity entitlements;
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c. the term “Agreement” means this Agreement, the Annex attached thereto, and any amendments to the Agreement or to the Annex;
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d. the terms “air service”, “international air service”, “stop for non-traffic purposes”
and “airline” shall for the purpose of this Agreement, have the meaning laid down
in Article 96 of the Convention;
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e. the term “air transportation” means the public carriage by aircraft of passengers,
baggage, cargo and mail, separately or in combination, for remuneration or hire;
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f. the term “Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and includes
any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention under Articles 90 and 94 thereof so far as these Annexes and amendments have been adopted by both Contracting
Parties;
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g. the term “designated airline” means any airline that one Contracting Party has designated
in writing to the other Contracting Party in accordance with Article 4 of this Agreement as being an airline which is to operate the agreed services on
the routes specified in accordance with Article 3 of this Agreement;
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h. the term “route schedule” means the route schedule annexed to this Agreement or as
amended in accordance with the provisions of Article 17 of this Agreement;
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i. the term “tariff” means the prices to be paid for the carriage of passengers, baggage
and cargo and the conditions under which those prices apply, including prices and
conditions for agency and other auxiliary services, but excluding remuneration and
conditions for the carriage of mail;
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j. the term “territory” in relation to a Contracting Party, has the meaning assigned
to it in Article 2 of the Convention;
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k. the term “user charge” means a charge made to airlines for the provision of airport,
air navigation or aviation security facilities or services, including related services
and facilities.
Article 2. Applicability of the Convention
The provisions of this Agreement shall be subject to the provisions of the Convention insofar as those provisions are applicable to international air services.
Article 3. Granting of rights and privileges
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4 Nothing in paragraph 2 of this Article shall be deemed to confer on the designated
airline(s) of one Contracting Party the privilege of taking on board, in the territory
of the other Contracting Party, passengers, cargo and mail for remuneration and destined
for another point in the territory of the other Contracting Party.
Article 4. Designation and authorization
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1 Each Contracting Party shall have the right to designate in writing, through diplomatic
channels, to the aeronautical authorities of the other Contracting Party one or more
airlines to operate the agreed services, in accordance with this Agreement, and to
withdraw or alter such designation.
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2 On receipt of such a designation, and of application from the designated airline,
in the form and manner prescribed for operating authorization and technical permission,
each Contracting Party shall grant the appropriate operating authorization with minimum
procedural delay to exercise the rights specified in Article 3 of this Agreement, provided that:
-
a. the airline has its principle place of business in the territory of the Contracting
Party designating the airline;
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b. the Contracting Party has and maintains effective regulatory control of the airline
and the airline holds a valid Air Operator’s Certificate (AOC) issued by the Contracting
Party designating the airline;
-
c. the Contracting Party designating the airline is in compliance with the provisions
set forth in Article 15 and Article 16 of this Agreement; and
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d. the designated airline is qualified to meet other conditions prescribed under the
laws and regulations normally applied to the operation of international air services
by the Contracting Party receiving the designation.
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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 5. Revocation, suspension and imposition of conditions
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1 The aeronautical authorities of each Contracting Party shall have the right to withhold
the authorizations referred to in paragraph 1 of Article 4 of this Agreement with respect to an airline designated by the other Contracting
Party, and to revoke, suspend or impose conditions on such authorizations, temporarily
or permanently, when:
-
a. the airline fails to maintain its principle place of business in the territory of
the Contracting Party that designated the airline;
-
b. the Contracting Party fails to continue to maintain effective regulatory control of
the airline or the airline fails to hold a valid AOC issued by the Contracting Party
that designated the airline;
-
c. the Contracting Party designating the airline fails to comply with the provisions
set forth in Article 15 and Article 16 of this Agreement; or
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d. the designated airline fails to qualify to meet other conditions prescribed under
the laws and regulations normally applied to the operation of international air services
by the Contracting Party receiving the designation.
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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 Articles 15 or 16 of this Agreement, the rights enumerated in paragraph 1 of this Article shall be exercised only after
consultations between the aeronautical authorities in conformity with Article 17 of this Agreement.
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2 Each Contracting Party shall encourage consultations on user charges between its competent
charging authorities or bodies and the airlines using the services and facilities,
where practicable through those airlines’ representative organizations. Reasonable
notice of any proposals for changes in user charges should be given to such users
to enable them to express their views before changes are made. Each Contracting Party
shall further encourage its competent charging authority, or service provider, and
such users to exchange appropriate information concerning user charges.
Article 7. Exemptions from customs duties and other charges
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1 Aircraft operated in international air services by the designated airline or airlines
of either Contracting Party shall be exempt from all import restrictions, customs
duties, national excise taxes and similar national custom inspection fees on the items
set out below:
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a. the following items introduced by a designated airline of one Contracting Party into
the territory of the other Contracting Party:
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i. repair, maintenance and servicing equipment and components parts;
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ii. passenger handling equipment and component parts;
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iii. cargo-loading equipment and component parts;
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iv. security equipment and component parts for incorporation into security equipment;
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v. instructional material and training aids;
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vi. airline and operators' documents; and
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b. the following items introduced by a designated airline of one Contracting Party into
the territory of the other Contracting Party and supplied to a designated airline
of one Contracting Party in the territory of the other Contracting Party:
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i. aircraft stores (including but not limited to such items as food, beverages and tobacco)
whether introduced into or taken onboard in the territory of the other Contracting
Party;
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ii. fuel, lubricants and consumable technical supplies;
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iii. spare parts including engines; and
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c. computer equipment and components introduced by a designated airline of one Contracting
Party into the territory of the other Contracting Party to assist in one or more of
the following matters:
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i. the repair, maintenance or servicing of aircraft;
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ii. the handling of passengers at the airport or onboard the aircraft;
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iii. the loading of cargo unto or the unloading of cargo from aircraft; and
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iv. the carrying of security checks on passengers or cargo,
provided that in each case they are for use onboard an aircraft or within the limits
of an international airport in connection with the establishment or maintenance of
an international air service by a designated airline.
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2 The exemption from custom duty, national custom inspection fees, excise taxes and
similar national fees shall not extend to charges based on the cost of services provided
to the designated airline or airlines of a Contracting Party in the territory of the
other Contracting Party.
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4 In the event that the designated airline or airlines of one Contracting Party owing
to an emergency situation enter into an arrangement with another airline or airlines
for the loan or use of any of the items specified in paragraph 1 of this Article,
the exemptions provided in this Article shall be available to such airline.
Article 8. Financial provisions
Either Contracting Party undertakes to grant the designated airline or airlines of
the other Contracting Party the right of free transfer, at the applicable rate of
exchange, of the excess of receipts over expenditure (including any interest earned
on deposit awaiting remittance) achieved in its territory in connection with the carriage
of passengers, baggage, mail shipments and cargo by the designated airline or airlines
of the other Contracting Party. Whenever the payments system between the Contracting
Parties is governed by a special agreement, that agreement shall apply.
Article 9. Technical and commercial representation
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2 The designated airline or airlines of one Contracting Party may, in accordance with
the laws and regulations of the other Contracting Party relating to entry, residence
and employment bring in and maintain in the territory of the other Contracting Party
managerial sales, technical, operational and other specialist staff required for the
provision of air services.
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3 Subject to the exclusion in paragraph 4 of this Article, the designated airline or
airlines of each Contracting Party shall have the right to use the services and personnel
of any other organization, company or airline operating in the territory of the other
Contracting Party.
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5 In accordance with the applicable national laws and regulations of each Contracting
Party, each designated airline shall have the right to engage in the sale of air transportation
in the territory of the other Contracting Party through its agents and any person
shall be able to purchase such transportation.
Article 10. Entry and clearance regulations
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1 The laws and regulations in force in each Contracting Party relating to entry into
or departure from its territory of passengers, crew, cargo and mail of aircraft (such
as regulation relating to entry, clearance, immigration, passports, customs and quarantine)
shall be applicable to the passengers, crew, cargo and mail of the aircraft of an
airline designated by the other Contracting Party while in the territory of the first
Contracting Party.
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2 The laws and regulations of a Contracting Party relating to the admission to, stay
in or departure from its territory of aircraft engaged in international air services,
or relating to the operation and navigation of such aircraft while within its territory,
shall be applied to the aircraft operated by the airline or airlines of the other
Contracting Party without distinction as to nationality, and shall be complied with
by the airline or airlines operating such aircraft upon entering, departing from or
while within the territory of the other Contracting Party.
Article 11. Capacity provisions
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6 Each Contracting Party shall allow each designated airline to determine the frequency
and capacity of the international air service it offers, according to commercial and
market-based considerations. Consistent with this right, neither Contracting Party
shall unilaterally restrict the operations of the designated airlines of the other
Contracting Party, except according to the terms of this Agreement or as may be required
for customs, technical, operational or environmental reasons, under uniform conditions
consistent with Article 15 of the Convention.
Article 12. Timetable submission and flight schedules
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1 The designated airlines shall submit to the relevant authorities of the Contracting
Parties not later than thirty (30) days prior to the initiation of the agreed services
on the specified routes in accordance with Article 3 of this Agreement, the type of service, aircraft and the flight schedules. This provision
shall likewise apply to any modifications thereof.
Article 13. Information and statistics
The aeronautical authorities of either Contracting Party shall furnish to the aeronautical
authorities of the other Contracting Party, at their request, such periodic or other
statistical data as may be reasonably required. Such data shall include all information
required.
Article 14. Establishment of tariffs
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1 Each Contracting Party shall allow tariffs for air services to be established by each
designated airline based on commercial considerations in the marketplace, including
the cost of operation, the characteristics of the service, the interests of users,
a reasonable profit and other market considerations.
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3 Without prejudice to the applicable competition and consumer protection laws prevailing
in each Contracting Party, neither Contracting Party shall take unilateral action
to prevent the commencement or continuation of a tariff proposed to be charged or
charged by a designated airline of the other Contracting Party in connection with
the international air services provided for under this Agreement. Intervention, as
described in paragraph 4 of this Article, by the Contracting Parties shall be limited
to:
-
a. prevention of unreasonably discriminatory tariffs or practices;
-
b. protection of consumers from tariffs that are unreasonably high or restrictive due
to the abuse of a dominant position or due to concerted practice among airlines;
-
c. protection of airlines from tariffs that are artificially low due to direct or indirect
subsidy or support;
-
d. protection of airlines from tariffs that are artificially low, where evidence exists
as to an intent to eliminate competition.
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4 Without prejudice to the provisions of paragraph 3 of this Article, the aeronautical
authorities of either Contracting Party may expressly disapprove tariffs submitted
by the designated airlines of the other Contracting Party, where such aeronautical
authorities find that a tariff proposed to be charged by such airlines falls within
the categories set forth in paragraph 3 of this Article. In such event, the concerned
aeronautical authority:
-
a. shall send notification of its dissatisfaction to the aeronautical authorities of
the other Contracting Party, and to the airline involved, as soon as possible, and
in no event later than thirty (30) days after the date of notification or filing of
the tariff in question; and
-
b. may request consultations in accordance with the procedures established under paragraph
5 of this Article.
Unless both aeronautical authorities have agreed to disapprove the tariff in question
in writing, the tariff shall be treated as having been approved.
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5 The aeronautical authorities of each Contracting Party may request consultations with
the aeronautical authorities of the other Contracting Party on any tariff charged
by an airline of the other Contracting Party for international air services to or
from the territory of the first Contracting Party, including tariffs for which a notice
of dissatisfaction has been given. These consultations shall be held no later than
fifteen (15) days after receipt of the request. The aeronautical authorities of both
Contracting Parties shall cooperate in securing the necessary information for a reasoned
resolution of the issue. If an agreement is reached with respect to a tariff for which
a notice of dissatisfaction has been given, the aeronautical authorities of each Contracting
Party shall use their best efforts to put that agreement into effect. If such mutual
agreement is not reached, the tariff shall go into effect or continue in effect.
Article 15. Aviation safety
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2 If, following such consultations, one Contracting Party finds that the other Contracting
Party does not effectively maintain and administer safety standards in any such area
that are at least equal to the minimum standards established at that time pursuant
to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings
and the steps considered necessary to conform with those minimum standards and that
other Contracting Party shall take appropriate corrective action. Failure by the other
Contracting Party to take appropriate action within fifteen (15) days or such longer
period as may be agreed, shall be grounds for the application of Article 5 of this Agreement.
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3 Notwithstanding the obligations mentioned in Articles 16 and 33 of the Convention, it is agreed that any aircraft operated by the airline or airlines of one Contracting
Party on services to or from the territory of the other Contracting Party may, while
within the territory of the other Contracting Party, be made the subject of an examination
by the authorized representatives of the other Contracting 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 lead to unreasonable delay.
-
4 If any ramp inspection or series of ramp inspections gives rise to:
-
a. serious concerns that an aircraft or the operation of an aircraft does not comply
with the minimum standards established at that time pursuant to the Convention; or
-
b. serious concerns that there is a lack of effective maintenance and administration
of safety standards established at that time pursuant to the Convention,
the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses
in respect of that aircraft or in respect of the crew of that aircraft had been issued
or rendered valid, or that the requirements under which that aircraft is operated,
are not equal to or above the minimum standards established pursuant to the Convention.
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5 In the event that access for the purpose of undertaking a ramp inspection of an aircraft
operated by the airline or airlines of one Contracting Party in accordance with paragraph
3 of this Article is denied by the representative of that airline or airlines, the
other Contracting Party shall be free to infer that serious concerns of the type referred
to in paragraph 4 of this Article arise and draw the conclusions referred to in that
paragraph.
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6 Each Contracting Party reserves the right to suspend or vary the operating authorization
of an airline of the other Contracting Party immediately in the event the first Contracting
Party concludes, whether as a result of a ramp inspection, a series of ramp inspections,
a denial of access for ramp inspection, consultations or otherwise, that immediate
action is essential to the safety of an airline operation.
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8 Certificates of airworthiness, certificates of competency and licenses issued or rendered
valid by one Contracting Party, and still in force, shall be recognized as valid by
the other Contracting Party for the purpose of operating services provided for in
this Agreement, provided that the requirements under which such certificates or licenses
were issued or rendered valid are equal to or above the minimum standards which are
or may be established pursuant to the Convention. Each Contracting Party reserves the right, however to refuse to recognize, for the
purpose of flights above its own territory, certificates of competency and licenses
granted to its own nationals or rendered valid for them by the other Contracting Party
or by any other State.
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9 If the privileges or conditions of the licenses or certificates referred to in paragraph
8 of this Article, issued by the aeronautical authorities of one Contracting Party
to any person or designated airline or airlines or in respect of an aircraft operating
the agreed services on the specified routes, should permit a difference from the standards
established under the Convention, and which difference has been filed with the International Civil Aviation Organization,
the aeronautical authorities of the other Contracting Party may request consultations
in accordance with Article 17 of this Agreement with the aeronautical authorities of that Contracting Party with
a view to satisfying themselves that the practice in question is acceptable to them.
Failure to reach a satisfactory agreement will constitute grounds for the application
of Article 5 of this Agreement.
Article 16. Aviation security
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1 The Contracting Parties reaffirm, consistent with their rights and obligations under
international law, that their obligations 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 Contracting 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, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for the Purposes of Detection, signed at Montreal on 1 March 1991, and any other convention or protocol relating
to aviation security to which the Contracting Parties shall become party.
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2 The Contracting 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.
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3 The Contracting Parties shall, in their mutual relations, act in conformity with the
aviation security standards and, so far as they are applied by them, with the Recommended
Practices established by the International Civil Aviation Organization and designated
as Annexes to the Convention, and the Contracting Parties shall require that operators of aircraft of their registry,
operators 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 Contracting Party shall notify the other Contracting
Party of any difference between its national regulations and practices and the aviation
security standards established by the Convention. Either Contracting Party may request consultations with the other Contracting Party
at any time to discuss any such differences.
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4 Each Contracting Party shall ensure that effective measures are taken within its territory
to protect aircraft, to screen passengers and their carry-on items, and to carry out
appropriate checks on crew, cargo (including hold baggage) and aircraft stores prior
to and during boarding or loading, and that those measures are adjusted to meet any
increased threat. Each Contracting Party agrees that its designated airline or airlines
may be required to observe the aviation security provisions referred to in paragraph
3 of this Article required by the other Contracting Party for entrance into, departure
from, or while within, the territory of that other Contracting Party. Each Contracting
Party shall also act favourably upon any request from the other Contracting Party
for reasonable special security measures to meet a particular threat.
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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 Contracting Parties shall assist
each other by facilitating communications and other appropriate measures intended
to terminate as rapidly as possible, commensurate with minimum risk to life, such
incident or threat.
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6 Each Contracting Party shall have the right, in the event that the designated airline
or airlines of one Contracting Party commences operations of agreed services to the
territory of the other Contracting Party, 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
Contracting 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 Contracting Party. The administrative arrangements for the
conduct of such assessments shall be mutually determined by the aeronautical authorities
and implemented without delay so as to ensure that assessments will be conducted expeditiously.
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7 Each Contracting Party shall take such measures, as it may find practicable, to ensure
that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference
which has landed in its territory is detained on the ground unless its departure is
necessitated by the overriding duty to protect human life. Wherever practicable, such
measures shall be taken on the basis of mutual consultations.
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8 When a Contracting Party has reasonable grounds to believe that the other Contracting
Party has departed from the provisions of this Article, the first Contracting Party
may request immediate consultations. Such consultations shall start within fifteen
(15) days of receipt of such a request from either Contracting Party. Failure to reach
a satisfactory agreement within fifteen (15) days from the start of consultations,
or such other period as may be agreed upon between the Contracting Parties, shall
constitute grounds for withholding, revoking, suspending or imposing conditions on
the authorisations of the airline or airlines designated by the other Contracting
Party. When justified by an emergency, or to prevent further non-compliance with the
provisions of this Article, the first Contracting Party may take interim action at
any time. Any action taken in accordance with this paragraph shall be discontinued
upon compliance by the other Contracting Party with the security provisions of this
Article.
Article 17. Consultations and modifications
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3 Notwithstanding the provisions of paragraph 2 of this Article, any amendments to the
Annex to this Agreement may be agreed upon by the aeronautical authorities of the Contracting
Parties, and confirmed through an exchange of diplomatic notes, and shall enter into
force on a date to be determined in the diplomatic notes. This exception to paragraph
2 of this Article does not apply in case any traffic rights are added to the abovementioned
Annex.
Article 18. Settlement of disputes
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2 If the Contracting Parties fail to reach within sixty (60) days a settlement by negotiations,
they shall refer the dispute for decision to a person or body or, at the request of
one of the Contracting Parties, to an arbitration tribunal. The arbitration tribunal
shall be composed as follows:
-
a. each Contracting Party shall nominate an arbitrator; if one Contracting Party fails
to nominate its arbitrator within sixty (60) days, such arbitrator shall be nominated
by the President of the Council of the International Civil Aviation Organization at
the request of the other Contracting Party;
-
b. the third arbitrator, who shall be a national of a third State and who shall preside
over the arbitration tribunal, shall be nominated either:
-
i. by agreement between the Contracting Parties; or
-
ii. if within sixty (60) days the Contracting Parties do not so agree, by appointment
of the President of the Council of the International Civil Aviation Organization at
the request of either Contracting Party. If the President of the Council is a national
of one of the Contracting Parties, the most senior Vice President who is not disqualified
on that ground shall make the appointment.
-
3 Each Contracting Party shall bear the cost of its own member as well as of its representation
in the arbitral proceedings; the cost of the chairman and any other costs shall be
borne in equal parts by the Contracting Parties. In all other respects, the arbitral
tribunal shall have its own procedure.
-
4 The arbitral tribunal shall attempt to give a written decision within sixty (60) days
after completion of the hearing or, if no hearing is held, sixty (60) days after the
date both replies are submitted.
-
6 If and for so long as either Contracting Party fails to comply with a decision under
paragraph 5 of this Article, the other Contracting Party may limit, suspend or revoke
any rights or privileges under this Agreement.
Either Contracting Party may, at any time, notify the other Contracting Party in writing
through diplomatic channels of its decision to terminate this Agreement. A copy of
the notice shall be sent simultaneously to the Secretary General of the International
Civil Aviation Organization. If such notice is given, this Agreement shall terminate
twelve (12) months after the date of receipt by the other Contracting Party of the
notice to terminate, unless by agreement between the Contracting Parties the notice
under reference is withdrawn before the expiry of that period. If the other Contracting
Party fails to acknowledge receipt, notice shall be deemed to have been received fourteen
(14) days after the date of the receipt by the Secretary General of the International
Civil Aviation Organization of his copy.
Article 20. Conformity with multilateral conventions
In the event of a general multilateral air transport convention accepted by the Contracting
Parties entering into force, the provisions of such convention shall prevail. Any
discussions with a view to determining the extent to which this Agreement is terminated,
superseded, amended or supplemented by the provisions of the multilateral convention,
shall take place in accordance with paragraph 2 of Article 17 of this Agreement.
This Agreement and any amendment thereto shall be registered with the International
Civil Aviation Organization.
Titles are inserted in this Agreement at the head of each Article for the purpose
of reference and convenience and in no way to define, limit or describe the scope
or intent of this Agreement.
Article 23. Applicability of the Agreement
As regards the Kingdom of the Netherlands, this Agreement shall apply to Curaçao only.
Article 24. Entry into force
This Agreement shall enter into force after the fulfillment of the internal legal
requirements by each Contracting Party. The Contracting Parties shall notify each
other of the fulfillment of such requirements through an exchange of diplomatic notes.
The Agreement shall enter into force on the first day of the second month from the
date of the receipt of the last notification.