ARTICLE
5 AVIATION SECURITY
1. Consistent with their
rights
and obligations under international law, the Contracting
Parties
reaffirm 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 Contracting Parties shall in particular act in
conformity
with the provisions of the Convention on offences and
certain
other Acts Committed on Board Aircraft signed at Tokyo
on
14 September 1963, the Convention for the Suppression of
Unlawful
Seizure of Aircraft, signed at the Hague on 16 December
1970
and the Convention for the Suppression of Unlawful Acts
against
the Safety of Civil Aviation, signed at Montreal on 23
September
1971, its Supplementary Protocol for the suppression of
Unlawful
Acts of Violence at Airports Serving International Civil
Aviation,
signed at Montreal on 24 February 1988.
2. The Contracting 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, their passengers and crew,
airports
and air navigation facilities, and any other threat to
the
security of civil aviation.
3. The Contraction 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 on International Civil
Aviation
to the extent that such security provisions are
applicable
to the Contracting Parties; they shall require that
operators
of aircraft of their registry or operators of aircraft
who
have their principal place of business or permanent
residence
in their territories and the operators of airports in
their
territories act in conformity with such aviation
security
provisions.
4. Each Contracting Party agrees that such operators of
aircraft
may be required to observe the aviation security
provisions
referred to in paragraph 3 above required by the other
Contracting
Party for entry into, departure from, or while within,
the
territory of that other Contracting Party. Each
Contracting
Party shall ensure that adequate measures are
effectively
applied within its territory to protect the aircraft and
to
inspect passengers, crew, carry-on items, baggage, cargo
and
aircraft sores prior to and during boarding or loading.
Each
Contracting Party shall also give sympathetic
consideration
to any request from the other Contracting Party for
reasonable
special security measures to meet a particular
threat.
5. When an incident or threat of an incident of unlawful
seizure
of civil aircraft or other unlawful acts against the
safety
of such aircraft, their passengers and crew, airports or
air
navigation facilities occurs, the Contracting parties
shall
assist each other by facilitating communications and
other
appropriate measures intended to terminate rapidly and
safety
such incident or threat thereof.
ARTICLE 6
DESIGNATION
AND OPERATING AUTHORIZATION
1. Each Contracting Party shall have the right to
designate
one airline for the purpose of operating the agreed
services.
Such designation shall be effected by virtue of a
written
notification between the aeronautical authorities of
both
Contracting Parties.
2. The aeronautical authorities which have received the
notification
of designation shall, subject to the provisions of
paragraphs
3 and 4 of this Article, grant without delay to the
designated
airlines of the other Contracting Party the necessary
operating
authorization.
3. The aeronautical authorities of on Contracting Party
may
require the airline designated by the other Contracting
Party
to prove that it is qualified to fulfil the conditions
prescribed
under the laws and regulations normally applied to the
operation
of international air services by the said authorities in
conformity
with the provisions of the Convention.
4. Each Contracting Party shall have the right to refuse
to
accept the designation of an airline and to refuse to
grant
the operating authorization referred to in paragraph 1
and
2 of this Article, or to impose such conditions as it
may
deem necessary for the exercise of the rights specified
in
Article 2 of the present Agreement, whenever the said
Contracting
Party has no proof that substantial ownership and
effective
control of that airline are vested in the Contracting
Party
designating the airline or in its nationals.
5. Having received the operating authorization, provided
for
under paragraph 2 of this Article, the designated
airline
may at any time start to operate the agreed services,
provided
that tariffs established in accordance with the
provisions
of Article 14 of the present Agreement are in
force.
ARTICLE 7 REVOCATION
AND
SUSPENSION OF OPERATING AUTHORIZATION
1. Each Contracting Party shall have the right to revoke
an
operating authorization or to suspend the exercise of
the
rights specified in Article 2 of the present Agreement
by
the designated airline of the other Contracting Party or
to
impose such conditions as it may deem necessary on the
exercise
of such right, if:
(a) the said airline cannot prove that substantial
ownership
and effective control are vested in the Contracting
Party
designating the airline or in its nationals, or
(b) the said airline fails to comply with or has
infringed
the laws or regulations of the Contracting Party
granting
these rights, or
(c) the said airline fails to operate the agreed
services
in accordance with the conditions prescribed under the
present
Agreement.
2. Such a right shall be exercised only after
consultation
with the other Contracting Party, unless immediate
revocation,
suspension or imposition of the conditions provided for
under
paragraph 1 of this Article is essential to prevent
further
infringements of laws and regulations.
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