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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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