Preamble
The States, Countries and territories referred to in Article IV of the Convention
Establishing the Association of Caribbean States (ACS), done at Cartagena de Indias,
Republic of Colombia on July 24, 1994 considering the Plans of Action adopted by the
Heads of State and/or Government of the States, Countries and Territories of the Association
of Caribbean States at the 2nd Summit in Santo Domingo, Dominican Republic;
Bearing in mind the decision to promote the Programme adopted by the ACS and entitled
``Uniting the Caribbean by Air and Sea";
Expressing the willingness to create the legal framework necessary for the establishment
of the Sustainable Tourism Zone in the Caribbean region;
Conscious of the need for airlines of the Member States and Associate Members to offer
the traveling and shipping public a variety of air service options;
Determined to ensure the highest degree of operational safety and security in international
civil aviation;
Recognizing the need for a general aviation policy for the Association of Caribbean
States by which Member States and Associate Member States may be guided in their aviation
arrangements;
Recognizing the importance of the Convention on International Civil Aviation opened
for signature in Chicago on December 7, 1944, as the principal regulatory instrument
for the conduct of international civil aviation;
Have agreed as follows:
Article 2. Granting of Rights
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3 At the time of signing, ratification or accession to the Agreement a Party shall
indicate whether it elects to be bound by sub-paragraph 1.d.i or subparagraph 1.d.ii
of this Article. This election is without prejudice to a Party that elects to be bound
by sub-paragraph 1.d.ii subsequently indicating to the depositary its wish to be bound
by sub-paragraph 1.d.i of this Article.
A. Designation and Authorization
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1 Each Party shall have the right to designate up to two airlines to conduct the services
agreed to in this Agreement and to withdraw or alter such designation. The designation
shall be transmitted to the other Party in writing indicating whether the airline
is authorized to conduct scheduled or non-scheduled air transport services, or both.
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2 Upon receipt of such designation and application from the designated airline, in
the form and manner prescribed for operating authorizations, the Aeronautical Authorities
of the other Party shall grant appropriate authorization with minimum procedural delay,
provided that:
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a) Substantial ownership and effective control of that airline are vested in one or more
Parties, its or their nationals or both; and
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b) The headquarters of the designated airline are located in the territory of the Party
designating the airline; and
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c) The designated airline is qualified to meet the conditions prescribed under the laws
and regulations normally applied to the operation of international air transport by
the Party considering the application or applications; and
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d) The Party that designates the airline is maintaining and administering the standards
set forth in Article 6 and Article 7 of the Agreement.
B. Community of Interest
The right of each Party to designate an airline or airlines shall include designation
in accordance with the Principle of Community of Interest as established by the Intemational
Civil Aviation Organization (ICAO). On receipt of such designation and application
from the designated airline in the form and manner prescribed for operating authorization
the Aeronautical Authorities shall, without undue delay, grant the appropriate authorization
provided the designated airline complies with the provisions of paragraph 2 c of the
present Article.
Once the designation is received, the responsibility for compliance with Articles
6 and 7 of the Agreement remains with the Party issuing the air operator's certificate
to the designated airline.
Article 4. Revocation, Suspension and Limitation of Authorization
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2 Unless immediate action, is essential to prevent further non-compliance with paragraph
1 b or c of this Article, the rights established by this Article shall be exercised
only after consultation with the Party concerned.
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3 This Article does not limit the rights of a Party to withhold, revoke, limit or impose
conditions for the operating authorizations of an airline or airlines of another Party
in accordance with the provisions of Article 7 of the Agreement.
Article 5. Enforcement of Laws
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2 While entering, remaining in or leaving the territory of a Party, its laws and regulations
relating to the admission to or departure from its territory of passengers, crew or
cargo on aircraft (including regulations relating to entry, clearance, aviation security,
immigration, passports, customs and quarantine or, in the case of mail, postal regulations)
shall be complied with by, or on behalf of such passengers, crew or cargo of the designated
airlines, or their representatives.
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1 The Parties shall adhere to the ICAO universal operational safety oversight programme,
and will therefore promote reciprocal cooperation and assistance among Member States
and Associate Members, particularly with regard to developing the plan of action adopted
in each case after periodic evaluation carried out by ICAO.
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2 If, upon publication of the ICAO report on the safety standards of any Party, that
Party does not, (within a reasonable time frame, agreed upon between the Party and
ICAO), apply corrective measures to guarantee that safety standards are met, (and
the deadlines provided for in the plan of action expires), any Party can request consultation
to urge that Party to observe the respective standards.
If after consultation no corrective measures are taken (and there has been at least
one month's prior notice in writing), either Party can suspend, revoke or limit authorization
granted to an airline or airlines designated by the Party which has not taken appropriate
corrective measures within a reasonable period of time agreed upon by the Parties.
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3 A Party which for economic or technical reasons, finds difficulty in complying with
the provisions of paragraph 1 and 2, may request assistance from any other Party,
in meeting its safety obligations under this Article.
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1 In accordance with their rights and obligations under international law, the Parties
reaffirm their obligation to each other to protect the security of civil aviation
against acts of unlawful interference. Without prejudice to their rights and obligations
under international law, the Parties shall act particularly in accordance with the
terms of the Convention on Offences and Certain Other Acts Committed on Board Aircraft
signed in 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, and the Protocol for the Suppression of Unlawful Acts of Violence
at Airports Serving International Civil Aviation signed at Montreal on 24 February
1988, supplementary to the Montreal Convention of 1971.
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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, of their passengers and crew, and of airports and air
navigation facilities, and to address any other threat to aviation security.
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3 The 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 provided these security provisions are applicable
to the Parties; they shall require that operators of aircraft of their registry, 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.
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4 Each Party agrees that these operators of aircraft can be requested by the other
Party to observe the security provisions mentioned in paragraph 3 of this Article
for entry into, for departure from, and while within the territory of the other Party
and to take adequate measures to protect aircraft and to inspect passengers, crew,
and their baggage and carry-on items, as well as cargo and aircraft stores, prior
to and during boarding or loading. A Party shall also give positive consideration
to any request from another Party for special security measures to meet a particular
security threat.
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5 When an incident or threat of an incident of unlawful seizure of aircraft or other
unlawful acts against the security of passengers, crew, aircraft, 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.
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6 When a Party has reasonable grounds to believe that another Party has departed from
the civil aviation security provisions of this Article, the Aeronautical Authorities
of that Party may request immediate actions by the Aeronautical Authorities of the
other Party. Failure to reach a satisfactory agreement within 14 days from the date
of such request and if required by an emergency a Party may withhold, revoke, limit
or impose conditions on the operating authorization and technical permits of an airline
or airlines of that Party.
The specific security concerns shall be subsequently subjected to the procedures of
Article 15 of the Agreement.
Article 8. Commercial Opportunities
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2 The designated airlines of a Party shall be entitled, in accordance with the laws
and regulations of other Parties relating to entry, residence, and employment, to
maintain in the territory of the other Parties managerial, sales, technical, operational,
and other specialist staff required for the provision of air transport.
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3 Air carriers can choose freely from among the different ground handling services
available, and any charge must be reasonable, based on costs and on fair, uniform
and non-discriminatory treatment.
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4 A designated airline shall have the right to convert and transfer on demand net revenues
obtained from the sale of the air transport services.
Conversion and transference shall be permitted promptly without restrictions or taxation
in respect thereof at the rate of exchange applicable to current transactions on the
date the carrier makes the initial application for remittance, according to the legislation
in force in each country.
In operating international air services authorized under this Agreement, any designated
airline of a Party may, with prior approval by the Aeronautical Authorities concerned,
enter into cooperative marketing arrangements such as blocked-space, code-sharing
or leasing agreements, with an airline of another Party.
Article 10. Computerized Reservation Systems
Article 11. Customs Duties and Charges
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1 Aircraft on a flight to, from, or across the territory of a Party shall be admitted
temporarily free of duty, subject to the customs regulations of that Party. Fuel,
lubricating oils, spare parts, standard equipment and aircraft stores on board such
aircraft, on arrival in the territory of another Party and retained on board on departure
shall be exempted from customs duty, inspection fees or similar national or local
duties and charges. This exemption will not be applicable to quantities of items unloaded,
except where the contrary is provided for in accordance with the customs regulations
of the relevant Party which can demand that said quantities of items remain under
customs supervision.
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2 Spare parts and equipment imported into the territory of a Party for incorporation
in or use on an aircraft of another Party engaged in international air navigation
shall be admitted free of customs duty, subject to compliance with the regulations
of the Party concerned, which may provide that the articles shall be kept under customs
supervision and control.
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2 User fees must reflect the full cost of providing and administrating services, installations
and facilities at airports, air navigation services and security. Installations and
services provided must be efficiently and economically operated.
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3 Each Party shall promote the exchange of information necessary for a reasonable revision
of the fees, in accordance with paragraphs 1 and 2 of this Article. Each Party shall
urge the competent authorities to inform users of any proposed change in fees, so
as to allow them to express their views before such fees become effective.
Article 13. Fair Competition
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3 Each Party shall allow a designated airline to determine the frequency and capacity
of the international air transport it offers based upon commercial considerations
in the marketplace. Consistent with this right, no 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 another Party, except for reasons of
airport constraints, safety or security.
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1 The tariffs applicable by the designated airlines of each of the Parties shall be
established at reasonable levels, taking into account all relevant factors including
the cost of providing service, a reasonable profit and the technical and economic
characteristics of the different routes.
Article 15. Consultations
A Party may, at any time, request consultations relating to this Agreement with one
or more Parties concerned. Such consultations shall begin at the earliest possible
date, but within 45 days from the date the other Party (or Parties) concerned receives
the request, unless otherwise agreed.
Article 16. Disputes Settlement
Any dispute between the Parties concerning the interpretation and/or application of
this Agreement shall be referred to an arbitral tribunal for consideration and decision
where it has not been resolved by other dispute resolution mechanism, among others
negotiation, consultation or mediation. The process of dispute settlement shall take
account of the relevant ICAO policy guidance. The arbitral tribunal shall be governed
by the procedure provided in Article 85 of the Convention and the decisions of the
arbitral tribunal shall be binding upon the Parties.
Article 17. Existing Agreements
Bearing in mind the provisions in Article 2, this Agreement shall not affect any memorandum
of understanding, bilateral or multilateral agreement showing similar authorizations
that are already in force among the Parties or among the Parties and a non-Party nor
the renewal thereof.
Article 18. Duration and Withdrawal
This Agreement shall have an indefinite duration. Any Party may at any time denounce
this Agreement. The consequent withdrawal shall take effect one year after the date
of the receipt by the Depositary of the formal notification of denunciation. The denunciation
shall be without prejudice to any obligation incurred by the denouncing Party under
this Agreement prior to such denunciation. This Agreement shall continue to be in
force thereafter with respect to the other Parties.
This Agreement shall be open for signature by any State, Country and Territory referred
to in Article IV of the Convention Establishing the Association of the Caribbean States
that has ratified or adhered to said Convention.
This Agreement shall be subject to ratification, acceptance or approval by the States,
Countries and Territories mentioned in Article IV of the Convention Establishing the
Association of Caribbean States, in accordance with the respective Constitutional
procedures.
After its entry into force, this Agreement shall remain open to accession by the States,
Countries and Territories mentioned in Article IV of the Convention Establishing the
Association of Caribbean States, in accordance wit the respective constitutional procedures.
This Agreement may be amended by consensus among the Parties.
Amendments shall enter into force when one third of the Parties have deposited their
instruments of ratification, acceptance or approval and shall have effect only as
among Parties which have ratified, accepted or approved such amendments.
A Party may enter reservations at the time of signing, ratifying, accepting, approving
or acceding to this Agreement, which will be notified to the Depository, in accordance
with the legislation of each Party.
Such reservations shall not modify the provisions of the Agreement with respect to
the other Parties.
Instruments of Ratification, acceptance or approval or accession shall be deposited
with the Government of the Republic of Colombia in its capacity as the Depository,
which shall transmit certified copies to the Member States and Associate Members.
Article 25. Registration with ICAO
The Government of the Republic of Colombia shall register this Agreement and all amendments
thereto with the International Civil Aviation Organization.
Article 26. Entry into Force
This Agreement shall enter into force on the 60th day after the deposit of the instrument
of ratification, acceptance, approval or accession, when one third (nine) of the States,
Countries and Territories mentioned in Article IV of the Convention Establishing the
Association of Caribbean States have deposited their instruments of ratification,
acceptance, approval or accession.