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AIR TRANSPORT SERVICES Agreement Between the and FIJI

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AIR TRANSPORT SERVICES Agreement Between the and FIJI TREATIES AND OTHER INTERNATIONAL ACTS SERIES 9917 AIR TRANSPORT SERVICES Agreement Between the UNITED STATES OF AMERICA and FIJI Signed at Suva October 1, 1979 NOTE BY THE DEPARTMENT OF STATE Pursuant to Public Law 89-497, approved July 8, 1966 (80 Stat . 271 ; 1 U .S .C. 113)- . the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence . of the treaties, FIJI international agreements other than treaties, and proc• lamations by the President of such treaties and inter• Air Transport Services national agreements other than treaties, as the case may be, therein contained, in all the courts of law Agreement signed at Suva October 1, 1979 ; and equity and of maritime jurisdiction, and in all the Entered into force provisionally October 1, 1979 tribunals and public offices of the United States, and ; of the several States, without any further proof or Entered into force definitively October 11, 1979 . authentication thereof." For sale by the Superintendent of Documents, U .S . Government Printing Office, Washington, D .C. 20402 . Subscription Price : $110 per year ; $27 .50 additional for foreign mailing . Single copies vary in price. This issue $2 .00. 76-9930-81 (1) TIAS 9917 2 3 E AIR TRANSPORT AGREEMENT BETWEEN . "International air service" shall mean an air service which passes through the airspace over the territory THE GOVERNMENT OF THE UNITED STATES OF AMERICA of more than one State AND THE GOVERNMENT OF FIJI . F . "Stop for non-traffic purposes" shall mean a The Government of the United States of America and the landing for any purpose other than taking on or discharging Government of Fiji, passengers, cargo or mail carried for compensation . Recognizing the importance of international air transport• G . "Price or Pricing" means the fare, rate or price ation between the two countries and desiring to conclude an and its conditions or terms of its availability charged or to agreement which will assure its continued development in the be charged by an airline and or its agents for the public common welfare, and transport of passengers, baggage and/or cargo (excluding mail) . Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944,[ 1] ARTICLE 2 GRANT OF RIGHTS Have agreed as follows : A . Each Contracting Party grants to the other Contracting ARTICLE 1 Party the following rights for the conduct of international air services by the airlines of that other Contracting Party : DEFINITIONS For the purpose of the present Agreement : (1) The right to fly across its territory without landing ; and (2) The right to make stops in its territory for non- A . "Agreement" shall mean this Agreement, the scheduled traffic purposes . attached thereto, and any amendments thereto . B . Each Contracting Party grants to the other Con- B . "Aeronautical authorities" shall mean, in the case of the United States of America, the Civil Aeronautics Board or tracting Party the rights specified in this Agreement for the purpose of operating international air services in accordance the Department of Transportation, whichever has jurisdiction, with the provisions of this Agreement . The airline or airlines or their successor agencies, and in the case of Fiji, the designated by one Contracting Party may make stops in the Ministry of Tourism, Transport and Civil Aviation, or, in both territory of the other Contracting Party for the purpose of cases, any person or agency authorized to perform the functions taking on board and discharging international traffic in exercised at present by those authorities . passengers, cargo or mail, separately or in combination . C . "Designated airline" shall mean an airline that one Contracting Party has notified the other Contracting Party ARTICLE 3 to be an airline which will operate in accordance with the provisions of this Agreement . Such notification shall be DESIGNATION AND AUTHORIZATION communicated in writing through diplomatic channels . Each Contracting Party shall have the right to designate an airline or airlines for the purpose of operating air D . "Territory" shall mean the land areas under the services in accordance with the provisions of this Agreement . sovereignty, jurisdiction or trusteeship of a Contracting . On receipt of a designation made by one Contracting Party Party and territorial waters adjacent thereto and on receipt of an application or applications from the airline so designated for operating authorization and technical permission in the form and manner prescribed for such applications, the other Contracting Party shall, without undue delay, grant the appropriate operating and technical permissions, provided it is satisfied that : 1 TIAS 1591, 6605, 6681 ; 61 Stat. 1180 ; 19 UST 7693 ; 20 UST 718. TIAS 9917 TIAS 9917 4 5 (1) the designated airline is qualified to meet the B . The laws and regulations of one Contracting Party conditions prescribed under the laws and regulations normally relating to the admission to or departure from its territory applied to the operation of international air services by of passengers, crew, cargo or mail of aircraft, including the Contracting Party considering the application or regulations relating to entry, clearance, immigration, : passports, customs, and quarantine, shall be complied with applications by or on behalf of such passengers, crew, cargo or mail of the airlines of the other Contracting Party upon entrance (2) substantial ownership and effective control of into or departure from and while within the territory of that airline are vested in the Contracting Party designating the first Contracting Party . the airline or its nationals : and ARTICLE 6 (3) the other Contracting Party is maintaining and administering safety and security standards as set forth in Article 6(B) . SAFETY A . Certificates of airworthiness, certificates of com- petency, and licenses issued or rendered valid by one Contracting Party, and still in force, shall be recognized ARTICLE 4 as valid by the other Contracting Party for the purpose of operating the routes and services provided for in this REVOCATION OR SUSPENSION OF OPERATING AUTHORIZATION Agreement, provided that the requirements under which such certificates or licenses were issued or rendered valid are Each Contracting Party shall have the right to revoke or equal to or above the minimum standards which may be established suspend the operating or technical permissions referred to in pursuant to the Convention on International Civil Aviation . Article 3 of this Agreement with respect to an airline designated Each Contracting Party reserves the right, however, to refuse by the other Contracting Party, or to impose conditions on to recognize, for the purpose of flights above its own such permissions, in the event that : territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party . (1) that Contracting Party is not satisfied that substantial ownership and effective control of such airline B . The competent aeronautical authorities of each are vested in the Contracting Party designating the airline Contracting Party may request consultations concerning or in nationals of that Contracting Party ; the safety and security standards and requirements relating to aeronautical facilities, airmen, aircraft, and the operation of the designated irline orjairlineo which are maintained (2) such airline fails to comply with the laws and and administered bya the other Contracting Party . If, following regulations referred to in Article 5 of this Agreement ; or such consultations, the competent aeronautical authorities of either Contracting Party find that the other Contracting Party does not effectively maintain and administer safety (3) that other Contracting Party is not maintaining and security standards and requirements in these areas that and administering safety and security standards as set forth are equal to or above the minimum standards which may be in Article 6(B) . established pursuant to the Convention on International Civil Aviation, they will notify the other Contracting Party of such findings and the steps considered necessary to bring the safety and security standards and requirements of the ARTICLE 5 other Contracting Party to standards at least equal to the minimum standards which may be established pursuant to said APPLICATION OF LAWS Convention, and the other Contracting Party will take appropriate corrective action . Each Contracting Party reserves the right A . The laws and regulations of one Contracting Party to withhold or revoke the technical permission referred to relating to the admission to or departure from its territory in Articles 3 and 4 of this Agreement with respect to an of aircraft engaged in international air navigation, or to airline designated by the other Contracting Party, or to the operation and navigation of such aircraft while within impose conditions on such permission, in the event the its territory, shall be applied to the aircraft of the airline other Contracting Party does not take such appropriate action or airlines designated by the other Contracting Party and within a reasonable time . shall be complied with by such aircraft upon entrance into or departure from and while within the territory of the first Contracting Party . TIAS 9917 TIAS 9917 6 7 or servicing of aircraft of the airlines of such other Con• ARTICLE7 tracting Party engaged in international air service . The exemptions
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