“. . .the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent.
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 1 4 – 12 0 9 ________________________________________________________________________ CIVIL AVIATION Transport Services Agreement B etween the UNITED STATES OF AMERICA a nd S U RI N A ME Signed at P a ramaribo J u ly 8 , 201 3
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NOTE BY THE DEPARTMENT OF STATE Pursuant to Public Law 89 497, approved July 8, 1966 (80 Stat. 271; 1 U.S.C. 113) u nder the authority of the Secretary of State shall be competent e vidence . . . of the treaties, international agreements other than t reaties, and proclamations by the President o f such treaties and i nternational agreements other than treaties, as t he case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof o
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Embassy of the United States of America AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF SURINAME The Government of the United States of America and the Government of the Republic of Suriname (hereinafter, “the Parties”); · Desiring to promote an international aviation system based on fair competition among airlines in the marketplace with minimum government interference and regulation; Desiring to make it possible for airlines to offer the traveling and shipping public a variety of service options, at the lowest prices that are not discriminatory and do not represent abuse of a dominant position and wishing to encourage individual airlines to develop and implement innovative and competitive prices; Desiring to facilitate the expansion of international air transport opportunities and recognizing the particular issues related to international aviation in the Caribbean Community; Desiring to ensure the highest degree of safety and security in international air transport 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 transportation, and undermine public confidence in the safety of civil aviation; and Being Parties to the Convention on International Civil Aviation, done at Chicago December 7, 1944; Have agreed as follows: —
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2 Article 1 Definitions For the purposes of this Agreement, unless otherwise stated herein, the term: 1. “Aeronautical authorities” means, in the case of the United States, the Department of Transportation and in the case ofthe Republic of Suriname, the Ministry ofTransport, Communication and Tourism, and any person or agency authorized to perform functions exercised by the Department of Transportation or said Ministry; 2. “Agreement” means this Agreement and any amendments thereto; 3. “Air transportation” means the public carriage by aircraft of passengers, baggage, cargo, and mail, separately or in combination, scheduled or charter, for remuneration or hire; 4. “Airline of a Party” means an airline that has received its Air Operator’s Certificate (AOC) from and has its principal place of business in the territory of that Party; 5. “Convention” means the Convention on International Civil Aviation, done at Chicago December 7, 1944, and includes: a. any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties, and b. any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties; 6. “Full cost” means the cost of providing service plus a reasonable charge for administrative overhead; 7. “International air transportation” means air transportation that passes through the airspace over the territory of more than one State; 8. “Price” means any fare, rate, or charge for the carriage of passengers, baggage, or cargo (excluding mail) in air transportation, including surface transportation in connection with international air transportation, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate, or charge; 9. “Stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, baggage, cargo, or mail in air transportation;
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3 10. “Territory” means the land areas, internal waters, and territorial sea under the sovereignty of a Party; and 11. “User charge” means a charge imposed on airlines for the provision of airport, airport environmental, air navigation, or aviation security facilities or services including related services and facilities. Article 2 Grant of Rights 1. Each Party grants to the other Party the following rights for the conduct of international air transportation by the airlines of the other Party: a. the right to fly across its territory without landing; b. the right to make stops in its territory for non-traffic purposes; c. the right to perform international air transportation between points on the following routes: (i) for airlines of the United States, from points behind the United States via the United States and intermediate points to any point or points in Suriname and beyond; (ii) for airlines of Suriname, from points behind Suriname via Suriname and intermediate points to any point or points in the United States and beyond; and d. the rights otherwise specified in this Agreement. 2. Each airline of a Party may, on any or all flights and at its option: a. operate flights in either or both directions; b. combine different flight numbers within one aircraft operation; c. serve behind, intermediate, and beyond points and points in the territories of the Parties in any combination and in any order; d. omit stops at any point or points; e. transfer traffic from any of its aircraft to any of its other aircraft at any point;
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5 Article 3 Authorization Each Party, on receipt of applications from an airline of the other Party, in the form and manner prescribed for operating authorizations and technical permissions, shall grant appropriate authorizations and permissions with minimum procedural delay, provided: a. substantial ownership and effective control of that airline are vested in the other Party, nationals of that Party, or both; b. the airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air transportation by the Party considering the application or applications; and c. the other Party is maintaining and administering the provisions set forth in Article 6 (Safety) and Article 7 (Aviation Security). Article 4 Revocation of Authorization 1. Either Party may revoke, suspend, limit, or impose conditions on the operating authorizations or technical permissions of an airline where: a. that airline is not an airline ofthe other Party under Article 1(4); b. substantial ownership and effective control of that airline are not vested in the other Party, the other Party’s nationals, or both; or c. that airline has failed to comply with the laws and regulations referred to in Article 5 (Application of Laws) of this Agreement. 2. Unless immediate action is essential to prevent further noncompliance with subparagraphlc of this Article, the rights established by this Article shall be exercised only after consultation with the other Party. 3. This Article does not limit the rights of either Party to withhold, revoke, suspend, limit, or impose conditions on the operating authorization or technical permission of an airline or
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6 airlines of the other Party in accordance with the provisions of Article 6 (Safety) or Article 7 (Aviation Security). Article 5 Application of Laws 1. The laws and regulations of a Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be complied with by such aircraft upon entering, when departing from, or while within the territory of the first Party. 2. While entering, within, or leaving the territory of one 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 other Party’s airlines. Article 6 Safety 1. Each Party shall recognize as valid, for the purpose of operating the air transportation provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by the other Party and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. Each Party may, however, refuse to recognize as valid for the purpose of flight above its own territory, certificates of competency and licenses granted to or validated for its own nationals by the other Party. 2. Either Party may request consultations concerning the safety standards maintained by the other Party relating to aeronautical facilities, aircrews, aircraft, and operation of airlines of that other Party. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards and requirements in these areas that at least equal the minimum standards that may be established pursuant to the Convention, the other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards, and the other Party shall take appropriate corrective action. Each Party reserves the right to withhold, revoke, suspend, limit, or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party in the event the other Party does not take such appropriate corrective action within a reasonable time and to take immediate action, prior to consultations, as to such airline or airlines if the other Party is not maintaining and administering the aforementioned standards and immediate action is essential to prevent further noncompliance.
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7 Article 7 Aviation Security 1. The Parties affirm 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 Parties shall in particular act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, done at Tokyo September 14, 1963, the Convention for the Suppression ofUnlawful Seizure of Aircraft, done at The Hague December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal February 24, 1988. 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 the security of civil air navigation. 3. The Parties shall, in their mutual relations, act in conformity with the aviation security standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as Annexes to the Convention; they shall require that operators of aircraft of their registry, operators of aircraft that 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. 4. Each Party agrees to observe the security provisions required by the other Party for entry into, for departure from, and while within the territory of that 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. Each Party shall also give positive consideration to any request from the other Party for special security measures to meet a particular threat. 5. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety 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. 6. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Party may request immediate consultations with the aeronautical authorities of the other Party. Failure to reach a satisfactory agreement within 15 days from the date of such request shall constitute
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8 grounds to withhold, revoke, suspend, limit, or impose conditions on the operating authorization and technical permissions of an airline or airlines of that Party. When required by an emergency, a Party may take interim action prior to the expiry of 15 days. Article 8 Commercial Opportunities 1. The airlines of each Party shall have the right to establish offices in the territory of the other Party for the promotion and sale of air transportation. 2. The airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational, and other specialist staff required for the provision of air transportation. 3. Each airline shall have the right to perform its own ground-handling in the territory of the other Party (“self-handling”) or, at the airline’s option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services as if self-handling were possible. 4. An airline of a Party may engage in the sale of air transportation in the territory of the other Party directly and, at the airline’s discretion, through its agents, except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to the protection of passenger funds, and passenger cancellation and refund rights. Each airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory or in freely convertible currencies. 5. Each airline shall have the right to convert and remit to its country and, except where inconsistent with generally applicable law or regulation, any other country or countries of its choice, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance. 6. The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation.
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