Air Transport Agreement between the Kingdom of the Netherlands, in respect of Curaçao,
and the Republic of Trinidad and Tobago
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The Kingdom of the Netherlands, in respect of Curaçao,
and
the Republic of Trinidad and Tobago (hereinafter referred to individually as the “Contracting
Party” and collectively as the “Contracting Parties”);
Being parties to the Convention on International Civil Aviation, opened for signature
at Chicago on 7 December 1944;
Desiring to facilitate the expansion of international air service opportunities;
Recognising that efficient and competitive international air services enhances trade
and economic growth;
Desiring to ensure the highest degree of safety and security in international air
services; and
Recalling the Agreement between the Government of the Kingdom of the Netherlands and
the Government of the Republic of Trinidad and Tobago relating to air services between
and beyond the Netherlands Antilles and Trinidad and Tobago, signed at Port of Spain,
on 24 September 1997;
Article 1. Definitions
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Article 2. Grant of Rights
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2 The airlines of each Contracting Party, other than those designated under Article 3 (Designation and Authorisation) of this Agreement, shall also enjoy the rights specified
in paragraph 1 sub-paragraphs (a) and (b) of this Article.
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3 Nothing in this Article shall be deemed to confer on the designated airlines of each
Contracting Party the right to take on board, in the territory of the other Contracting
Party, passengers, their baggage, cargo, or mail carried for remuneration or hire
and destined for another point in the territory of that other Contracting Party. No
commercial traffic rights shall be exercised by the designated airlines of Curaçao
between Trinidad and Tobago. No commercial traffic rights shall be exercised by the
designated airlines of Trinidad and Tobago between Curaçao and the Netherlands (including
the Caribbean part of the Netherlands (Bonaire, Sint Eustatius, and Saba)), between
Curaçao and Sint Maarten, and between Curaçao and Aruba.
Article 3. Designation and Authorisation
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1 Each Contracting Party shall have the right to designate, in writing through diplomatic
channels, one or more airlines to operate the agreed services on each of the specified
routes and to withdraw or alter such designations.
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2 On receipt of such designation and of an application from a designated airline, in
the form and manner prescribed for operating authorisation and technical permission,
the aeronautical authorities of the other Contracting Party shall grant the appropriate
operating authorisation and technical permission with minimum procedural delay, provided
that:
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a) the airline is established in and has a valid Air Operator’s Certificate in the other
Contracting Party; or, in the case of Trinidad and Tobago, is established in and has
a valid Air Operator’s Certificate in a Caribbean Community Member State; and
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b) effective regulatory control of the airline is exercised and maintained by the other
Contracting Party; or, in the case of Trinidad and Tobago, by a Caribbean Community
Member State, in accordance with sub-paragraph (a) of this paragraph, which is responsible
for issuing its Air Operator’s Certificate and the relevant aeronautical authority
is clearly identified in the designation; and
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c) the airline is owned directly or through majority ownership by either Contracting
Party or its nationals; or, in the case of Trinidad and Tobago, by any Caribbean Community
Member State or nationals of such States in accordance with sub-paragraph (a) of this
paragraph and shall at all times be effectively controlled by such States or its nationals;
and
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d) the airline is able to satisfy the aeronautical authorities of the Contracting Party
receiving the designation that it is qualified to fulfil the conditions prescribed
under the laws and regulations normally and reasonably applied to the operation of
international air services by such aeronautical authorities in conformity with the Convention; and
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e) the Contracting Party designating the airline is in compliance with Article 8 (Aviation Safety) and Article 9 (Aviation Security) of this Agreement.
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5 On receipt of the operating authorisation and technical permission, a designated airline
may at any time begin to operate the agreed services for which it is so designated,
provided that the designated airline complies with the applicable provisions of this
Agreement.
Article 4. Withholding, Revocation, Suspension and Limitation of Operating Authorisation
or Technical Permission
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1 Each Contracting Party shall have the right to withhold, revoke, suspend, limit or
impose conditions on the operating authorisation or technical permission of a designated
airline of the other Contracting Party, in the case of an airline designated by either
Contracting Party:
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a) where it is not satisfied that the provisions of Article 3 (Designation and Authorisation) of this Agreement are being met; or
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b) in the case of failure by that airline to comply with the laws or regulations in force
in the territory of the Contracting Party granting these rights; or
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c) in case the designated airline otherwise fails to operate the agreed services in accordance
with the conditions prescribed under this Agreement; or
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d) the airline is unable to satisfy the aeronautical authorities of the Contracting Party
receiving the designation that it is qualified to fulfil the conditions prescribed
under the laws and regulations normally and reasonably applied to the operation of
international air services by such aeronautical authorities in conformity with the Convention; or
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e) the Contracting Party designating the airline is not in compliance with Article 8 (Aviation Safety) or Article 9 (Aviation Security) of this Agreement; or
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f) the airline otherwise fails to operate in accordance with the conditions prescribed
under this Agreement;
or in the case of an airline of a Caribbean Community Member State designated by Trinidad
and Tobago:
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g) the airline is already authorised to operate under a bilateral air services agreement
between the Kingdom of the Netherlands, in respect of Curaçao, and another Caribbean
Community Member State other than Trinidad and Tobago, and it can be demonstrated
that by exercising traffic rights under this Agreement on a route that includes a
point in that other Caribbean Community Member State, including the operation of a
service which is marketed as, or otherwise constitutes, a through service, the airline
would in effect be circumventing restrictions on the traffic rights imposed by the
bilateral air services agreement between the Kingdom of the Netherlands, in respect
of Curaçao, and that other Caribbean Community Member State; or
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h) the airline designated holds an Air Operators’ Certificate issued by a Caribbean Community
Member State other than Trinidad and Tobago and there is no bilateral air services
agreement between the Kingdom of the Netherlands, in respect of Curaçao, and that
Caribbean Community Member State and it can be demonstrated that the necessary traffic
rights to conduct the proposed operation are not reciprocally available to the airlines
designated the Kingdom of the Netherlands, in respect of Curaçao; or
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i) is not satisfied that effective regulatory control is exercised by the Caribbean Community
Member State.
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2 Unless immediate withholding, revocation, suspension, limitation or imposition of
the conditions mentioned in paragraph 1 of this Article is essential to prevent further
infringement of laws or regulations, such right shall be exercised only after consultations
with the aeronautical authorities of the other Contracting Party designating the airline,
in accordance with Article 23 (Consultations) of this Agreement.
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3 Each Contracting Party shall notify the other Contracting Party in writing with reasons
for its refusal, revocation, suspension or limitation as soon as possible. In exercising
its rights under this paragraph, the Kingdom of the Netherlands, in respect of Curaçao,
shall not discriminate between Caribbean Community Member State air carriers on the
grounds of nationality.
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4 This Article does not limit the right of each Contracting Party to withhold, revoke,
suspend, limit or impose conditions on the operating authorisation or technical permission
of a designated airline of the other Contracting Party, in accordance with the provisions
of Article 8 (Aviation Safety) or Article 9 (Aviation Security) of this Agreement.
Article 5. Application of Laws
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1 The laws and regulations of each Contracting 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 the
aircraft of the designated airline of the other Contracting Party.
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2 The laws and regulations of each Contracting Party relating to the entry into, stay
in and departure from its territory of passengers, flight crew and cargo including
mail such as those regarding immigration, customs, currency and health and quarantine
shall apply to passengers, flight crew, cargo and mail carried by the aircraft of
the designated airline of the other Contracting Party while they are within the said
territory.
Article 6. Direct Transit
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Passengers, baggage, cargo and mail in direct transit through the territory of each
Contracting Party and not leaving the area of the airport reserved for such purpose
shall not be subject to further examination except for reasons of aviation security,
narcotics control, prevention of illegal entry or in special circumstances. Baggage
and cargo in direct transit shall be exempt from customs duties and other similar
taxes.
Article 7. Recognition of Certificates and Licences
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1 Certificates of airworthiness, certificates of competency and licences issued or validated
in accordance with the laws and regulations of each Contracting Party shall be recognised
as valid by the other Contracting Party for the purpose of operating the agreed services,
provided always that such certificates or licences are issued or validated, equal
to, or above the minimum standards established under the Convention.
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2 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
licenses granted to its own nationals by the other Party.
Article 8. 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 the
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 paragraph 1 of Article 4 (Withholding, Revocation, Suspension and Limitation of Operating Authorisation or
Technical Permission) of this Agreement.
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3 Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by or, under a lease arrangement, on behalf
of the 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 authorised 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 flight 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.
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4 If any such ramp inspection or a series of ramp inspections gives rise to:
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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
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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 certificates or licences
in respect of that aircraft or in respect of the flight crew of that aircraft have
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 an airline of one Contracting Party in accordance with paragraph 3 of
this Article is denied by a representative of the airline, 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 authorisation
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.
Article 9. Aviation Security
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2 Consistent with their rights and obligations under international law, the Contracting
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 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, the Montreal 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 Purpose of Detection, signed at Montreal on 1 March 1991, and any other convention or protocol relating
to civil aviation security which becomes binding on both Contracting Parties.
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3 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 flight crew, airports and
air navigation facilities, and any other threat to the security of civil aviation.
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4 The Contracting Parties shall, in their mutual relations, act in conformity with the
aviation security provisions established by the International Civil Aviation Organization
and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties.
Each Contracting Party shall require that airlines it has designated to operate the
agreed services on the specified routes, and the operators of airports in its territory,
act in conformity with such aviation security provisions.
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5 Each Contracting Party agrees that any designated airline shall be required to observe
the aviation security provisions referred to in paragraph 4 of this Article and in
conformity with the laws and regulations in force in the other Contracting Party as
required for entry into, departure from, or while within the territory of that other
Contracting Party. Each Contracting Party shall ensure that adequate measures are
effectively applied within its territory to protect the aircraft and to inspect passengers,
flight crew, carry-on items, baggage, cargo and aircraft stores prior to and during
boarding or loading. 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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6 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 flight
crew, airports or air navigation facilities occurs, the Contracting Parties shall
assist each other by facilitating communications and other appropriate measures intended
to terminate rapidly and safely such incident or threat thereof, to the extent practicable
under the circumstances.
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7 When a Contracting Party has reasonable grounds to believe that the other Contracting
Party has departed from the provisions of this Article, the aeronautical authorities
of the first Contracting Party may request immediate consultations with the aeronautical
authorities of the other Contracting Party. Failure to reach a satisfactory agreement
within fifteen (15) days from the date of such request shall constitute grounds for
the application of paragraph 1 of Article 4 (Withholding, Revocation, Suspension and Limitation of Operating Authorisation or
Technical Permission) of this Agreement. When required by an emergency, or to prevent
further non-compliance with the provisions of this Article, a Contracting Party may
take interim action under paragraph 1 of Article 4 (Withholding, Revocation, Suspension
and Limitation of Operating Authorisation or Technical Permission) of this Agreement
prior to the expiry of fifteen (15) days. Any action taken in accordance with that
paragraph shall be discontinued upon compliance by the other Contracting Party with
the security provisions of this Article.
Article 10. User Charges
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2 Each Contracting Party shall encourage consultations on user charges between their
competent charging authorities and airlines using the services and facilities provided
by those competent charging authorities, where practicable through those airlines’
representative organisations. 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
authorities and such users to exchange appropriate information concerning user charges.
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3 Neither Party shall, in dispute resolution procedures pursuant to Article 23 (Consultations) of this Agreement, be held to be in breach of a provision of this
Article, unless:
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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
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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.
Article 11. Customs Duties and Other Charges
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1 Each Contracting Party shall on the basis of reciprocity exempt the designated airline
of the other Contracting Party to the fullest extent possible under its laws, rules
and regulations from customs duties, excise taxes, inspection fees, and other national
duties and charges on aircraft, fuel, ground equipment, lubricating oils, consumable
technical supplies, spare parts including engines, regular aircraft equipment, security
equipment, aircraft stores and other items such as printed material, intended for
use or used solely in connection with the operation or servicing of aircraft of the
designated airline of the other Contracting Party operating the agreed services.
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2 The exemptions granted by this Article shall apply to the items referred to in paragraph
1 of this Article:
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a) introduced into the territory of one Contracting Party by or on behalf of the designated
airline of the other Contracting Party provided that such items may be required to
be kept under customs supervision or control;
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b) retained on aircraft used by the designated airline of one Contracting Party upon
arriving in or leaving the territory of the other Contracting Party; or
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c) taken on board aircraft used by the designated airline of one Contracting Party in
the territory of the other Contracting 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
Contracting Party granting the exemption, provided the ownership of such items is
not transferred in the territory of the said Contracting Party.
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3 The exemptions provided for by this Article shall also be available in situations
where the designated airline of one Contracting Party has entered into arrangements
with another airline, for the loan or transfer in the territory of the other Contracting
Party, of the items specified in paragraph 1 of this Article, provided that such other
airline similarly enjoys such exemption from the other Contracting Party.
Article 12. Fair Competition
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3 Each Contracting Party shall allow each designated airline to determine the frequency
and capacity of the international air services it offers. Consistent with this right,
neither Contracting 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 Contracting Party, except as may be required for customs, technical,
operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
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4 Neither Contracting Party shall impose on the designated airlines of the other Contracting
Party a first-refusal requirement, uplift ratio, no-objection fee, or any other requirement
with respect to capacity, frequency or traffic that would be inconsistent with the
purposes of this Agreement.
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5 Save and except for non-scheduled flights, neither Contracting Party shall require
the filing of schedules, programmes or operational plans by airlines of the other
Contacting Party for approval, except as may be required on a non-discriminatory basis
to enforce the uniform conditions foreseen by paragraph 2 of this Article or as may
be specifically authorized in this Agreement. If a Contracting Party requires filings
for information purposes, it shall minimize the administrative burdens of filing requirements
and procedures on air transportation intermediaries and on airlines of the other Contracting
Party.
Article 13. Tariffs
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2 Either Contracting Party may require notification of or filing with its aeronautical
authorities of tariffs to be charged to or from its territory by airlines of the other
Contracting Party. Such notification or filing by the airlines may be required to
be made not later than the initial offering of a tariff, regardless of the form, electronic
or other, in which the tariff is offered.
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3 Neither Contracting Party shall take unilateral action to prevent the commencement
or continuation of a tariff proposed to be charged by (i) an airline of either Contracting
Party for international air services between the territories of the Contracting Parties,
or (ii) an airline of one Contracting Party for international air services between
the territory of the other Contracting Party and any other country, including in both
cases transportation on an interline or intraline basis. If either Contracting Party
believes that any such tariff is inconsistent with the considerations set forth in
paragraph 2 of this Article, it shall request consultations and notify the other Contracting
Party of the reasons for its dissatisfaction as soon as possible. These consultations
shall be held not later than thirty (30) days after receipt of the request, and the
Contracting Parties shall cooperate in securing information necessary for reasoned
resolution of the issue. If the Contracting Parties reach agreement with respect to
a tariff for which a notice of dissatisfaction has been given, each Contracting Party
shall use its best efforts to put that agreement into effect. Without such mutual
agreement, the new tariff shall have effect or continue to be in effect.
Article 14. Remittance of Earnings
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1 Each Contracting Party shall permit the designated airlines of the other Contracting
Party to convert and transmit abroad to a country of the airline’s choice, on demand,
all local revenues from the sale of air services and associated activities directly
linked to air services in excess of sums locally disbursed.
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2 Currency conversion and remittances under paragraph 1 of this Article should be permitted
promptly in a freely convertible currency of the airline’s choice 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 15. Commercial Activities
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1 Each Contracting Party shall accord the designated airlines of the other Contracting
Party the right to sell and market international air services and related products
in its territory, either directly or through agents or other intermediaries of the
airlines’ choice, including the right to establish offices, both on-line and off-line.
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2 Each designated airline shall have the right to sell air services in the currency
of the other Contracting Party or, at its discretion, in freely convertible currencies
of other countries, and any person shall be free to purchase such air services in
currencies accepted by that airline.
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3 The designated airlines of each Contracting Party shall have the right, in accordance
with the laws and regulations of the other Contracting Party relating to entry, residence
and employment, to bring into and maintain in the territory of the other Contracting
Party their own managerial, technical, operational and other specialist staff who
are required for the operation of international air services and the right to use
the services or personnel of any other organisation, company or airline operating
in the territory of the other Contracting Party.
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4 The designated airlines of each Contracting Party shall have the right to pay for
local expenses, including purchase of fuel, in the territory of the other Contracting
Party in local currency. At their discretion, the designated airlines of each Contracting
Party may pay for such expenses in the territory of the other Contracting Party in
freely convertible currencies according to local currency regulation.
Article 16. Cooperative Arrangements
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In operating or holding out the agreed services on the specified routes, the designated
airlines of each Contracting Party shall be permitted to enter into cooperative marketing
arrangements such as blocked-space or code-sharing arrangements, with:
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a) any airline of a Contracting Party;
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b) any airline of a third country; and
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c) any surface transportation provider of a Contracting Party, subject to the national
laws and regulations of the Contracting Party receiving the designated airline, in
conjunction with the international passenger or cargo air service,
provided that,
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(i) all airlines in such arrangements are authorized to operate on the routes and segments
concerned; and
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(ii) in respect of any tickets sold, the airline notifies the purchaser at the point of
sale which airline or entity will actually operate each sector of the service and
with which airline or entity the purchaser is entering into a contractual relationship.
Article 17. Operational Flexibility
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2 Each airline may, in operating services authorized by this Agreement, use its own
aircraft or aircraft that have been:
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a) dry leased (leased without flight crew);
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b) subleased;
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c) rented by the hour (interchange or lease for hours); or
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d) wet leased (leased with flight crew, insurance and maintenance),
through a contract between airlines of either Contracting Party or third countries,
observing the laws and regulations of each Contracting Party and the Protocol on the
Amendment to the Convention (Article 83 bis).
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4 Subject to paragraph 1 of this Article, the designated airlines of each Contracting
Party may use leased aircraft from other airlines to operate the agreed services under
this Agreement, provided that such arrangements are not equivalent to giving a lessor
airline of another country access to traffic rights not otherwise available to that
airline.
Article 18. Change of Gauge
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1 Each designated airline may on any or all flights on the agreed routes and at its
option, change aircraft in the territory of the other Contracting Party or at any
point along the specified routes, provided that:
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a) aircraft used beyond the point of change of aircraft shall be scheduled in coincidence
with the inbound or outbound aircraft, as the case may be; and
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b) in the case of a change of aircraft in the territory of the other Contracting Party
and where more than one aircraft is operated beyond the point of change, not more
than one such aircraft may be of equal size and none may be larger than the aircraft
used on the third and fourth freedom sector.
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2 For the purpose of change of gauge operations, a designated airline may use its own
equipment and, subject to national regulations, leased equipment, and may operate
under commercial arrangements with another airline.
Article 19. Intermodal Services
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The designated airlines of each Contracting Party shall be permitted to use surface
modes of transport, subject to the national laws and regulations of the Contracting
Party receiving the designated airline, in conjunction with the international passenger
or cargo air services.
Article 20. Ground Handling
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1 Subject to applicable safety provisions, including International Civil Aviation Organization
Standards and Recommended Practices (SARPs) contained in Annex 6 of the Convention, the designated airline may choose from among competing providers of ground handling
services.
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2 Subject to applicable safety provisions, including SARPs contained in Annex 6 of the Convention, the designated airline of one Contracting Party shall be permitted, on the basis
of reciprocity, to perform its own ground handling in the territory of the other Contracting
Party and, at its option, to have ground handling services provided in whole or in
part by any agent authorized by the competent authorities of the other Contracting
Party to provide such services.
Article 21. Provision of Statistical Data
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Each Contracting Party shall, through its aeronautical authorities, furnish the aeronautical
authorities of the other Contracting Party, at their request, with statistical data
as may be reasonably required for the purpose of reviewing the capacity provided by
the agreed services operated by the designated airlines of the other Contracting Party
on the specified route. Such data shall include all information required to determine
the amount of traffic carried by the said designated airline on the agreed services.
Article 22. Taxation
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Article 23. Consultations
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Either Contracting Party may, at any time, request consultations on the implementation,
interpretation, application, amendment of or compliance with this Agreement. Such
consultations, which may take place through discussion or in writing between the aeronautical
authorities, shall begin, subject to Article 8 (Aviation Safety) and Article 9 (Aviation Security) of this Agreement, within a period of forty-five (45) days from
the date the other Contracting Party receives a written request, unless otherwise
agreed by the Contracting Parties.
Article 24. Settlement of Disputes
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4 Within thirty (30) days of the issue of the notification under paragraph 3 of this
Article, each Contracting Party shall appoint one (1) arbitrator, and within thirty
(30) days of the appointment of the second arbitrator, the two (2) arbitrators by
agreement shall appoint a third arbitrator who shall be a national of a third State
and shall act as President of the Tribunal.
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5 If within the time limits specified above any appointment has not been made, either
Contracting Party may request the President of the Council of the International Civil
Aviation Organization to make the necessary appointment within thirty (30) days. If
the President is a national of one of the Contracting Parties, the most senior Vice-President
who is not a national of one of the Contracting Parties shall be requested to make
the appointment. If the Vice-President is a national of one of the Contracting Parties,
the most senior Member of the Council of the International Civil Aviation Organization
who is not a national of one of the Contracting Parties shall be requested to make
the appointment. In this case, the third arbitrator appointed by the President or
Vice-President or Member of the Council of the International Civil Aviation Organization,
as the case may be, shall not be a national or permanent resident of the respective
States of the Contracting Parties.
Article 25. Amendment
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Any amendment to this Agreement agreed by the Contracting Parties shall enter into
force on the first day of the second month following the date of receipt of the last
notification, through diplomatic channels, indicating that all the internal procedures
required for the entry into force of the amendment have been fulfilled by the Contracting
Parties.
Article 26. Multilateral Agreements
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If, after entry into force of this Agreement, both Contracting Parties become party
to a multilateral agreement that addresses matters covered by this Agreement, they
shall consult to determine whether, and to what extent, this Agreement should be amended.
Article 27. Termination
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Either Contracting Party may, at any time give notice in writing, through diplomatic
channels to the other Contracting Party of its decision to terminate this Agreement.
Such notice shall be simultaneously communicated to the International Civil Aviation
Organization. This Agreement shall terminate twelve (12) months after the date of
receipt of the notice by the other Contracting Party, unless the notice to terminate
is withdrawn by mutual agreement before the end of this period. In the absence of
acknowledgement of receipt by the other Contracting Party, the notice shall be deemed
to have been received fourteen (14) days after receipt of the notice by the International
Civil Aviation Organization.
Article 28. Registration of Agreement
[Treedt in werking op een nader te bepalen tijdstip]
This Agreement and any amendments thereto shall be registered upon their entry into
force with the International Civil Aviation Organization.
Article 29. Entry into Force
[Treedt in werking op een nader te bepalen tijdstip]
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1 This Agreement shall enter into force on the first day of the second month following
the date of receipt of the last notification, through diplomatic channels, by which
the Contracting Parties have notified each other that all the internal procedures
required for the entry into force of this Agreement have been fulfilled.
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3 Upon entry into force, this Agreement shall supersede, in the relations between Trinidad
and Tobago and the Kingdom of the Netherlands, in respect of Curaçao, the Agreement
between the Government of the Kingdom of the Netherlands and the Government of the
Republic of Trinidad and Tobago relating to air services between and beyond the Netherlands
Antilles and Trinidad and Tobago, signed at Port of Spain, on 24 September 1997.