While engaged in international air naviga- tion, any authorized entry of aircraft of a contract- ing State into the territory of another contracting. State or authorized
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I I CONVENTION ON INTERNATIONAL CIVIL AVIATION PREAMBLE WHEREAS the future development of int ernat ional civil aviatlori can greatly help to create and preserve friendship and understanding among the nztfona and peoples of the world, yet its abuse can become a threat to the general security; and WHEREAS it i~ desirable to avoid friction and to promote that cooperation between nations and peoples upon which the peace of the world depends; THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order that international civil avia- tion may be developed in a safe and orderly manner and that interna- tional air transport services may be est-ablished on the basis of equality of opportunity and operated soun&ly and. economically ; Have accordingly concluded this Convention to that end, PART &. NAVIGATION – CHAPTER I GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION Article – 1 Sovereignty The contracting States recognize that every Stete has comglete and exclusive sovereignty over the air- space above its territory. Article – 2 1 Iirritoq For the purposes of this Convention the territory of a State shall be deemed to be the land areas and -. – 4 A
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I territorial waters adjacent thereto under the sover- II eignty, suzerainty, prot ection or mandate of such State Article 2 I Civil and (a) This Convention shall be applicable only to state air- craft civil aircraft, and shall not be applicable to state aircraft . (b) Aircraft used in military, customs and police services shall be deemed to be state aircraft. (c) No state aircraft of a contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terns thereof. (d) The contracting States undertake, when lssu- ing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft . Article 4 Misuse of Each contracting State agrees not to use civil civil I s.viation aviation for any purpose inconsistent with the aims of 1 this Convention. CHAPTER I1 FLIGHT OVER TERRITORY CONTRACTING Article 2 — STATES Right of non- Each contracting State agrees that all aircraft scheduled flight of the other contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for
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– — 4 non-traffic purposes without the necessity of obtain- ing prior permission, and subject to the right of the State flown over to require landing. Each c3ntracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to pro- ceed over regions which are inaccessible or without adequate air navtgation facilities to follow prescribec routes, or to obtain special permlesion for such flights. Such aircraft, if engaged in the carriage of pas- sengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subJect to the right of any State where such embarkation or discharge t&es place to impose such regulations, conditions or limitations as it may consider desirable. Article Scheduled No scheduled international air service may be air services operated over or into the territory of a contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization. Article Z Cabotage Each contracting State shall have the right to refuse permission to the aircraft of other contract- ing States to take on in its territory passengers, mail and cargo carried for remuneration or hire and
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deetined for another point within its territory. Eaoh contracting State undertakes not to enter into any ar- rangement s which specifically grant any such privilege on an exclusive basis to my other State or an airline of any other State, and not to obtain any euch exclu- sive privilege from any other State. Article 8 – Pilotless No aircraft capable of being flown without a pilot aircraft shall be flown without a pilot over the territory of a contracting State without special authorization by that State and in accordance with the terms of euch authorization. Each contracting State undertake8 to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft, Article – 9 Prohibited (a) Each contracting State may, for reasons of areas military necessity or public safety, restrict or pro- hibit uniformly the aircraft of other States from fly- ing over certain areas of its territory, provided th%’b no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other contracting States like- wise engaged. Such prohibited areas ehall be of I reasonable extent and location so as not to interfere unnecessarily with air navigation. Descriptions of ~ such prohibited areas in the territory of a contract- I ing State, as well ae any subsequent alterations
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r – – therein, shall be communicated as soon as possible to the other contracting States and to the International Civil Aviation Organization. (b) Each contracting State reserves also the right, in exceptional circumstances or during a period of emergency, or in the interest of public sdety, and with immediate effect, temporarily to restrict or pro- hibit flying over the whole or any part of it6 terri- tory, on condition that such restriction or prohibition ehall be applicable without distinction of nationality to aircraft of all other States. (c) Each contracting State, under such regula- tions a8 it may preecribe, may require any aircraft entering the areas contemplated in subparagraphs (a) or (b) above to effect a landing as soon as practi- cable thereafter at some designated airport within its territory. Article 10 Landing at Except in a case where, under the terms of this cuetoms airport Convention or a special authorization, aircraft are permitted to cross the territory of a contracting State without landing, every aircraft which enters the ter- ritory of a contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a contracting State, such aircraft ehall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published f
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– undertakes to insure theproaecution of all persons violating the regulations applicable. Article 13 Entry and The laws and regulations of a contracting State clearance regulations asto theadmissiontoordeparturefromiteterri- tory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigra- tion, passports, customs, and quarantine shall be 1 complied with by or on behalf of such passengers, crew or cargo upon entra.nce into or departure from, or while within the territory of that State. Article 14 — – Prevention of Each contracting State agrees to take effective spread of disease measures to prevent the spread by meons of air naviga- tion of cholera, typhus (epidemic), smallpox, yellow fever, plague, and such other communicable diseases as the contracting States shall from time to time decide to designate, and to that end contracting States will keep in close consultation with the agen- cies concerned with international regulations relat- ing to sanitary measures applicable to aircraft. Such consultation shall be without prejudice to the application of any existing international oonvent ion on this subject to which the contracting States may be parties. Article 15 Airport and Every airport in a contracting St&:te which is similar charges open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, 1
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L be open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to the use, by aircraft of every contracting State, of all air navigation facil- it ies, including radio and meteorological services, which may be provided for public use for the safety end expedition of air navigation. Any charges that may be imposed or permitted to be imposed by a contracting State for the use of such airports and air navigation facilities by the aircraft of any other contracting State shall not be higher, (a) As to aircraft not engaged in sched- uled international air services, than those that would be paid by its national aircraft of the same cla.ss engaged in similar operations, and (b) As to aircraft engaged in scheduled international air eervicee, than those that would be paid by its national aircraft engaged in aim- ilar international air services. All such charges shall be published and communicated to the International Civil Aviation Organization: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any contracting State in respect solely of the right of transit over or entry
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into or exit from its territory of any aircraft of a contracting State or persons or property thereon. Article 16 – The appropriate authorities of each of the con- tracting States shall have the right, without unrea- sonable delay, to -arch aircraft of the other con- tracting States on landing or departure, and to inspect the certificates and other documents pre- scribed by thio convention. CHAPTER I11 NATIONALITY OF AIRCRAFT Article Aircraft have the nationality of the State In which they are registered. Article 18 An aircraft cannot be validly registered in more than one State, but its registration may be changed fro= one State to another. Article 19 The registration or transfer of registration of aircraft in any contracting State shall be made in accordance with its laws and regulations. Artiole 20 Every aireraft engaged in international air navigation ehall bear its appropriate nationality and registrat ion marks.
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Article 21 Report of Each contracting State undertakes to supply to registra- tions any other contracting State or to the Intern~.tional Civil Aviation Organization, on demand, information II concerning the registration and ov.mership of any H particular aircraft registered in that State. In ad- dit ion, each contracting State shall furnish report s to the International Civil Aviation Orga.nlza.tlon, und-er) such regulations as the latter may prescribe, giving I such pertinent data as can be made available concern- 11 ing the ownership and control of aircraft regietered in that State and habitually engaged in international air navigation. The data thus obtained by the Inter- national Civil Aviation Organization shall be made available by it on request to the other contracting A States. I/ CHAPTER IV MEASURES TO FACILITATE AIR NAVIGATION Article 22 Facilitation Each contracting State agrees to adopt all prac- of fomali- ties ticable measures, through the issuance of epecial regulation8 or otherwise, to facilitate and expedite navigation by aircraft between the territories of contracting Stat ee, and to prevent unnecessary delays to aircraft, crews, passengere and cargo, especially in the administre.tion of the laws relating to irnmlgra- tion, quarantine, cuetoms and clearance. Article – 23 Cu~toms and Each contracting State undertakee, 80 far as it immigration procedure8 may find practicable, to establieh custome and
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