Air Transport Services Agreement

• Coming into Force: 12 June 1987
• Citation: UNTS v. 2129 (p.461)
• Date of Conclusion: 16 December 1986
• Registration Date: 12 December 2000
• Registration Number: 37117
• Subject Terms: Transport,Aviation
• Type of Document: Bilateral
• Participants: Perú,United States
• Party Submitting the Application for Registration: United States of America

No.

37117

United States

of

America

and

Peru

Air

Transport

Services

Agreement

(with annex).

Washington,

16

December

1986

Entry

into

force:

12

June

1987,

in

accordance

with

article

XIII

Authentic

texts:

English

and

Spanish

Registration

with

the

Secretariat

of the

United

Nations: United

States

ofAmerica,

12

December

2000

Etats-Unis

d'Amerique

et

Perou

Accord

relatif

aux

services

de

transport

aerien

(avec

annexe).

Washington,

16

dicembre

1986

Entrie

en

vigueur

:

12juin

1987,

conformiment

i

l'article

XIII

Textes

authentiques

:

anglais

et espagnol

Enregistrement

aupris

du

Secr6tariat

des

Nations

Unies

:

tats-Unis

d'Am~rique,

12

dcembre

2000

Volume

2129,

1-37117

[ENGLISH

TEXT

-

TEXTE

ANGLAIS]

AIR TRANSPORT

SERVICES

AGREEMENT

The

Governments

of

the

United

States

of

America

and

the

Republic

of

Peru agree

that

the

following

provisions

shall

govern

civil

aviation relations between

the

Contracting

Par-

ties

for

the

term

of

this

Agreement:

Article

I.

Operating

Authority

for

Airlines

(1)

Each

Contracting

Party

shall

have the

right

to

designate

an

airline or airlines

to

con-

duct

international

air transportation

over

the

routes

established

in

Annex

I

and,

in

accor-

dance

with this

Agreement,

to

withdraw or alter such

designations.

Such

designations

or

withdrawals

shall

be

transmitted

to

the

other

Contracting Party in

writing

through

diplo-

matic channels.

(2)

On

receipt

of

such

a

designation

from

one

of

the

Contracting

Parties

and

of

appli-

cations

in the

prescribed

form

and

manner

from

the

designated airline

for

operating

autho-

rizations(l)

and

technical

permissions(2),

the

other Contracting

Party

shall

grant

appropriate

authorizations and permissions with

minimum procedural

delay,

provided

that:

(a)

substantial ownership

and effective

control

of

that airline

are

vested

in

the

Contract-

ing

Party

designating

the

airline, nationals

of

that

Contracting

Party,

or

both;

(b)

the

designated

airline

is

qualified

to

meet

the

conditions

prescribed under

the

laws

and

regulations

normally

applied

to the

operation

of

international

air

transportation

by

the

Contracting Party

considering

the

application

or

applications;

and

(c)

the

Contracting Party

designating

the

airline

is

maintaining

and

administering the

standards

set

forth

in

Article

IV (Safety)

and

Article

V

(Security).

Article

II.

Grant

of

Rights

(1)

Each

Contracting

Party

grants

to

the

other

Contracting

Party

the

following

rights

for

the

conduct

of

international

air

transportation

by

the

airlines

of

the

other

Contracting

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

rights

otherwise

specified

in

this

Agreement.

(2)

Nothing

in

paragraph

(1)

of

this Article shall

be

deemed

to

grant

the

right for

one

Contracting Party's

airlines

to take on at

one

point

in the

territory

of

the

other

Contracting

Party

local traffic

destined for another

point

in the

territory

of

such

other

Contracting

Party

(cabotage), except

those.rights

derived from

the

use

of

coterminals,

as

mentioned

in

Annex

I

(Routes

and

Capacity).

Volume

2129,

1-37117

Article III.

Application

of

Laws

(1)

The airlines

of

each

Contracting Party

shall

comply with

the

applicable

laws

and

regulations

of

the

other

Contracting Party

as

regards

to

aircraft

while

entering,

within

or

leaving

the

territory

of

that

Contracting

Party

unless

otherwise

provided

in

this

or any

other

obligation

binding

upon both Contracting

Parties.

(2)

The airlines

of

each

Contracting Party

shall

take

appropriate

and

reasonable mea-

sures

to

ensure

that

the laws

and

regulations

of

the

other

Contracting Party relating

to the

admission

to

or

departure from

its

territory

of

passengers,

crew

or cargo

on

aircraft (includ-

ing

regulations

relating

to

entry, clearance,

aviation

security,

immigration,

passports,

cus-

toms and

quarantine

or,

in the

case

of

mail,

postal

regulations)

shall

be

complied

with

by

or on

behalf

of

its

passengers,

crew or cargo while entering,

within

or

leaving

the

territory

of

that

Contracting

Party.

Article

IV.

Safety

(1)

Each Contracting

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 Contracting

Party

and

still

in

force,

provided

that

the

requirements

for

such certificates

or licenses

at least

equal

the

min-

imum

standards which may

be

established

pursuant

to the

International Civil

Aviation Con-

vention opened

for

signature at Chicago

on

7

December

1944

(hereinafter

referred

to

as

the

Convention).

Each

Contracting 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 Contracting

Party.

(2)

Each

Contracting

Party

may request

consultations concerning

the safety

standards

maintained

by the

other Contracting

Party relating

to

aeronautical

facilities,

aircrew,

air-

craft,

and

operation

of

the

designated airlines.

If,

following

such

consultations,

one

Con-

tracting

Party

finds

that

the

other

Contracting Party

does

not

effectively

maintain

and

administer

safety

standards and

requirements

in

these

areas

that

at

least equal the

minimum

standards

which may

be

established

pursuant

to

the

Convention,

the

other

Contracting

Par-

ty

shall

be

notified

of

such

findings and

the

steps considered necessary

to

conform with

these

minimum

standards; and

the

other

Contracting

Party

shall

take

appropriate corrective

action. Each

Contracting

Party reserves

the

right

to

withhold,

revoke or

limit

the

operating

authorization

or

technical

permission

of

an

airline

or airlines

designated

by

the

other Con-

tracting

Party

in

the

event

the

other

Contracting

Party

does

not

take

such

appropriate action

within

a

reasonable

time.

Article

V.

Aviation

Security

(1)

In

accordance with their rights and

obligations

under international

law, the

Con-

tracting

Parties

reaffirm

that

their

obligation

to

protect,

in

their

mutual relationship,

the

se-

curity

of

civil

aviation

against

acts

of

unlawful

interference

forms

an

integral

part

of

this

Agreement.