Air Services Agreement Between The Government Of The Republic Of Latvia And The Government Of The Republic Of Singapore

 

The Government of the Republic of Latvia and the Government of the Republic of Singapore, hereinafter referred to as "the Contracting Parties",

Recognising the increasing importance of international air travel between the two countries and desiring to conclude an agreement which will assure its continued development in the common welfare, and

Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December 1944,

Have agreed as follows:

Article 1

DEFINITIONS

For the purpose of this Agreement:

a) "aeronautical authorities" means, in the case of the Republic of Latvia, the Ministry of Transport or its successor, or any person, or body authorised to perform any functions at present exercised by the said Ministry or similar functions; and in the case of the Republic of Singapore, the Minister for Communications, the Civil Aviation Authority of Singapore, or their successors or any person or body authorised to perform any functions at present exercised by the said Minister or similar functions;

b) "Agreement" means this Agreement, its Annex and any amendments thereto;

c) "agreed services" means the air services established under this Agreement;

d) "airline" means any air transport enterprise offering or operating an air service and reference to the word in the singular shall be construed to include the plural and reference to the plural shall be construed to include the singular as the context requires;

e) "air services" means scheduled air services performed by aircraft for the public transport of passengers, cargo or mail, separately or in combination, for remuneration or hire;

f) "designated airline" means an airline designated and authorised in accordance with Article 3 of this Agreement;

g) "operating permission" means the authorisation given by the aeronautical authorities of a Contracting Party to a designated airline of the other Contracting Party in accordance with Article 3 of this Agreement;

h) "specified routes" means the routes specified in the Schedules under the Annex of this Agreement;

i) "stop for non-traffic purposes" means a landing for any purpose other than taking on or discharging passengers, cargo or mail;

j) "the Convention" means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention under Articles 90 and 94 thereof;

k) "tariff" means the price to be charged for the public transport of passengers, baggage and cargo on scheduled air services including the conditions governing the availability or applicability of such price and the charges and conditions for services ancillary to such transport; and

l) "territory" means the land areas under the sovereignty, suzerainty, protection or trusteeship of a Contracting Party and territorial waters adjacent thereto.

Article 2

GRANT OF RIGHTS

1) Each Contracting Party grants to the other Contracting Party the following rights in the conduct of air services by its airlines:

a) the right to fly across its territory without landing; and

b) the right to make stops in its territory for non-traffic purposes.

2) Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purposes of operating scheduled air services on the specified routes and to make stops at the points specified for that route in the appropriate schedule of Annex of this Agreement for the purposes of taking on board and discharging international traffic in passengers, cargo and mail, separately or in combination.

3) All rights granted in this Agreement by one Contracting Party shall be exercised only by and exclusively for the benefit of the designated airline of the other Contracting Party.

4) Notwithstanding anything to the contrary in this Agreement, the airlines of each Contracting Party, in addition to those designated under Article 3 of this Agreement, shall also enjoy the rights specified in paragraph 1(a) and (b) of this Article.

5) If because of armed conflict, political disturbances or developments, or special and unusual circumstances, a designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate rearrangements of such routes, including the grant of rights for such time as may be necessary to facilitate viable operations.

Article 3

DESIGNATION AND AUTHORISATION

1) Each Contracting Party shall have the right to designate as many airlines as it wishes to conduct the agreed services and to withdraw or alter such designations. Such designations shall be transmitted to the other Contracting Party in writing and shall identify whether the airline is authorised to conduct the type of air services specified in the Annex.

2) On receipt of a designation made by one Contracting Party and of an application, in the form and manner prescribed, from the airline so designated for operating authorisation and technical permission (hereafter called "operating permission"), the other Contracting Party shall grant the operating permission with minimum procedural delay, provided that:

a) a service shall not be operated unless a tariff established in accordance with the provisions of Article 12 is in force in respect of that service;

b) substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline, or in its nationals or both;

c) the airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of air services by the Contracting Party considering the application; and

d) the Contracting Party designating the airline is maintaining and administering the standards set forth in Article 8.

Article 4

REVOCATION OR SUSPENSION

OF OPERATING PERMISSION

1) Each Contracting Party shall have the right to revoke, suspend, limit or impose conditions on the operating permission of an airline designated by the other Contracting Party where:

a) such airline fails to comply with the laws and regulations referred to in Article 7; or

b) substantial ownership and effective control of that airline are not vested in the Contracting Party designating the airline or in its nationals or both; or

c) the other Contracting Party is not maintaining and administering safety standards as set forth in Article 8.

2) Unless immediate action is essential to prevent infringement of the laws and regulations referred to in Article 7 the right to revoke an operating permission shall be exercised only after consultation with the other Contracting Party.

Article 5

CUSTOMS AND OTHER DUTIES

1) Each Contracting Party shall exempt the designated airline of the other Contracting Party from import restrictions, customs duties, excise taxes, inspection fees, and other charges on fuel, lubricants, consumable technical supplies, spare parts (including engines), regular equipment, ground equipment, stores, and other items intended for use solely in connection with the operation or servicing of aircraft used by the designated airline of the other Contracting Party.

The exemption provided under this paragraph shall apply to items:

a) introduced into the territory of one Contracting Party by or on behalf of the designated airline of the other Contracting Party provided that such items may be required to be kept under customs supervision or control;

b) retained on aircraft used by the designated airline of one Contracting Party upon arriving in or leaving the territory of the other Contracting Party; or

c) taken on board aircraft used by the designated airline of one Contracting Party in the territory of the other and intended for use in air services.

2) The exemptions provided for by this Article shall also be available in situations where the designated airline of one Contracting Party has entered into arrangements with another airline for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraph (1), provided such other airline similarly enjoys such exemption from the other Contracting Party.

Article 6

DIRECT TRANSIT TRAFFIC

Passengers, baggage and cargo in direct transit across the territory of one Contracting Party and not leaving the area of the airport reserved for such purpose shall only be subject to a very simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

Article 7

APPLICATION OF LAWS

1) The laws and regulations of one Contracting Party governing entry into and departure from its territory of aircraft engaged in air services, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of the airline designated by the other Contracting Party and shall be complied with by such aircraft upon entry into, or departure from, and while within the territory of the first Contracting Party.

2) The laws and regulations of one Contracting Party governing entry into, sojourn in, and departure from its territory of passengers, crew, cargo or mail, such as formalities pertaining to entry, exit, emigration and immigration, passports, customs and quarantine shall be complied with by or on behalf of such passengers, crew, cargo or mail carried by the designated airline of the other Contracting Party upon entry into, or departure from, and while within the territory of the first Contracting Party.

3) Each Contracting Party undertakes not to grant any preference to its own airline with regard to the designated airline of the other Contracting Party in the application of the laws and regulations provided for by this Article.

Article 8

AIRWORTHINESS

1) Certificates of airworthiness, certificates of competency, and licences issued or rendered valid by one Contracting Party, shall, during the period of their validity, be recognized as valid by the other Contracting Party for the purpose of operating the air services provided for in this Agreement, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention. Each Contracting Party reserves the right, however, to refuse to recognise, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.

2) The aeronautical authorities of each Contracting Party may request consultations concerning the safety and security standards and requirements relating to aeronautical facilities, aircrew, aircraft, and the operation of the designated airlines which are maintained and administered by the other Contracting Party. If, following such consultations, the aeronautical authorities of either Contracting Party find that the other Contracting Party does not effectively maintain and administer safety and security standards and requirements in those areas that are equal to or above the minimum standards which may be established pursuant to the Convention, 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 other Contracting Party to standards at least equal to the minimum standards which may be established pursuant to the Convention, and the other Contracting Party shall take appropriate steps to remedy the same.

Each Contracting Party reserves the right pursuant to Article 4 to withhold, limit, suspend, revoke or to impose conditions on the operating authorisation with respect to any designated airline by the other Contracting Party, in the event the other Contracting Party does not take such appropriate action within a reasonable time.

Article 9

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 or any other convention on aviation security to which both Contracting Parties shall become members.

2) The Contracting Parties shall provide upon request all practicable aid 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 Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation 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 territory and the operators of airports in their territory 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 stores 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 occur, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof to the extent practicable under the circumstance.

Article 10

TIMETABLE, INFORMATION AND STATISTICS

1) The designated airline of either Contracting Party shall, not later than thirty (30) days prior to the date of operation of any agreed service (being a scheduled air service), submit its proposed timetables to the aeronautical authorities of the other Contracting Party for their approval. Such timetable shall include all relevant information, including the type of aircraft to be used, the frequency of service and the flight schedules.

2) The aeronautical authorities of either Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request such periodic or other statements of statistics as may be reasonable required for the purpose of record keeping. Such statements shall provide information on the amount of traffic carried by the designated airline on the agreed services and the origins and destinations of such traffic.

Article 11

CAPACITY PROVISIONS

1) The air transport facilities available to the travelling public shall bear a close relationship to the requirements of the public for such transport.

2) The designated airline of each Contracting Party shall have a fair and equal opportunity to operate on any agreed route between the territories of the two Contracting Parties.

3) Each Contracting Party shall take into consideration the interests of the airline of the other Contracting Party so as not to affect unduly its opportunity to offer the services covered by this Agreement.

4) Services provided by a designated airline under this Agreement shall retain as their primary objective the provision of capacity adequate to the traffic demands between the country of which such airline is a national and the country of ultimate destination of the traffic. The right to embark or disembark on such services international traffic destined for and coming from third countries at a point or points on the routes specified in this Agreement shall be exercised in accordance with the general principles of orderly development of international air transport to which both Contracting Parties subscribe and shall be subject to the general principle that capacity should be related to:

a) the traffic requirements between the country of origin and the countries of ultimate destination of the traffic;

b) the requirements of through airline operations; and

c) the traffic requirements of the area through which the airline passes, after taking account of local and regional services.

Article 12

AIR TARIFFS

1) The tariffs on any agreed service shall be established at reasonable levels, due regard being paid to all relevant factors including cost of operations, reasonable profit, characteristics of service (such as standards of speed and accommodation) and the tariffs of other airlines for any part of the specified route. These tariffs shall be fixed in accordance with the following provisions of this Article .

2) The tariffs referred to in paragraph (1) of this Article, together with the rates of agency commission used in conjunction with them shall, if possible, be agreed in respect of each of the specified routes between the designated airlines concerned in consultation with other airlines operating over the whole or part of that route, and such agreement shall, where possible, be reached through the rate-fixing machinery of the International Air Transport Association.

3) Any proposed tariff to be charged for carriage between the Contracting Parties will be filed by or on behalf of the designated airline concerned with both aeronautical authorities at least thirty (30) days (or such shorter period as both aeronautical authorities may mutually determine) before it is proposed that the tariff will take effect.

4) A tariff so filed may be approved at any time by the aeronautical authorities. However, subject to the next two following paragraphs, any such tariff will be treated as having been approved twenty-one (21) days after the day on which the filing was received unless the aeronautical authorities of both Contracting Parties have informed each other in writing within twenty (20) days of the filing being received by them that they do not approve the proposed tariff.

5) Nothing in paragraph (4) above will prevent the aeronautical authorities of either Contracting Party from unilaterally disallowing any tariff filed by one of its own designated airlines. However, such unilateral action will be taken only if it appears to those authorities either that a proposed tariff is excessive or that its application would constitute anti-competitive behavior likely to cause serious damage to any other designated airline.

6) If the aeronautical authorities of either Contracting Party consider either that a proposed tariff filed with them by a designated airline of the other Contracting Party is excessive or that its application would constitute anti-competitive behaviour likely to cause serious damage to any other designated airline they may, within twenty (20) days of receiving the filing, request consultations with the aeronautical authorities of the other Contracting Party. Such consultations will be completed within twenty-one (21) days of being requested and the tariff will take effect at the end of that period unless the aeronautical authorities of both Contracting Parties mutually determine otherwise.

7) In the event that a tariff which has come into effect in accordance with the provisions above is considered by the aeronautical authorities of one Contracting Party to be causing serious damage to any designated airline, those aeronautical authorities may request consultations with the aeronautical authorities of the other Contracting Party.

8) When tariffs have been established in accordance with the provisions of this Article, these tariffs shall remain in force until new tariffs have been established in accordance with the provisions of this Article .

Article 13

COMMERCIAL OPERATIONS

1) The designated airline or airlines of one Contracting Party shall be entitled, in accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, to bring in and maintain in the territory of the other Contracting Party those of their own managerial, technical, operational and other specialist staff who are required for the provision of air services.

2) a) Each Contracting Party grants to the designated airline of the other Contracting Party the right to engage in the sale of air service in its territory directly and, at the airline’s discretion, through its agents. Each airline shall have the right to sell such services, and any person shall be free to purchase such services, in the currency of that territory or in freely convertible currencies of other countries.

b) Any rate specified in terms of the national currency of one of the Contracting Parties shall be established in an amount which reflects the effective exchange rate (including all exchange fees or other charges) at which the airlines of both Contracting Parties can convert and remit the revenues from their air service operations into the national currency of the other Contracting Party.

3) Each designated airline shall have the right to convert and remit to its country local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly and without restrictions at the rate of exchange in effect for the sale of air service at the time such revenues are presented for conversion and remittance and shall be exempt from taxation to the fullest extent permitted by national law. If a Contracting Party does not have a convertible currency and requires the submission of applications for conversion and remittance, the designated airline of the other Contracting Party shall be permitted to file such applications as often as on a weekly basis, free of burdensome or discriminatory documentary requirements.

Article 14

FACILITIES AND AIRPORT CHARGES

Each Contracting Party may impose or permit to be imposed just and reasonable charges for the use of public airports and other facilities under its control, provided that such charges shall not be higher than the charges imposed for such use by its national airlines engaged in similar international services.

Article 15

AIRCRAFT LEASING

1) When a designated airline proposes to use an aircraft on the agreed services other than one owned by it, this shall only be done on the following conditions:

a) that such arrangements shall not be equivalent to giving a lessor airline of another country access to traffic rights not otherwise available to that airline;

b) that the financial benefit to be obtained by the lessor airline shall not be related to the financial success of the operations of the designated airline concerned; and

c) that the agreed services by the designated airline using the leased aircraft shall not be linked to the services of the lessor airline operating on its own route or routes so as to provide through services by the same aircraft to or from the said services of the lessor airline.

2) A designated airline is not otherwise prohibited from providing services using leased aircraft provided that any lease arrangement entered into satisfies the conditions listed above.

3) A designated airline shall give sixty (60) days’ written notification to the aeronautical authorities of the other Contracting Party of any leasing of aircraft together with the terms of such arrangements and obtain prior approval of the said aeronautical authorities before using any leased aircraft. Provided that where the leasing of aircraft becomes necessary for emergency reasons and the lease does not exceed ninety (90) days, approval shall not be withheld solely for the reason that less than sixty (60) days’ notice was given if reasonable prior notification was given.

4) Notwithstanding anything in the foregoing where the lessor of the aircraft:

a) is neither an airline nor controlled by one; and

b) is neither a subsidiary company of, related company to nor an associate company of an airline,

a simple notification to the aeronautical authorities of the other Contracting Party will suffice.

Article 16

SETTLEMENT OF DISPUTES

1) Any dispute with respect to matters covered by this Agreement not satisfactorily resolved through consultation shall, upon request by either Contracting Party, be submitted to arbitration in accordance with the procedures set forth herein.

2) Arbitration shall be by a tribunal of three arbitrators to be constituted as follows:

a) one arbitrator shall be named by each Contracting Party within sixty (60) days from the date of request by either Contracting Party to the other for arbitration. Within thirty (30) days after such period of sixty (60) days, the two arbitrators so designated shall by agreement designate a third arbitrator, who shall not be a national of either Contracting Party and who shall act as President of the arbitral tribunal; and

b) if either Contracting Party fails to name an arbitrator, or if a third arbitrator is not agreed upon in accordance with paragraph (a), either Contracting Party may request the President of the Council of the International Civil Aviation Organisation to designate the necessary arbitrator or arbitrators within thirty (30) days. If the President is of the same nationality as one of the Contracting Parties, the most senior Vice-President who is not disqualified on that ground shall make the appointment.

3) Except as otherwise agreed by the Contracting Parties, the arbitral tribunal shall determine the limits of its jurisdiction in accordance with this Agreement, and shall establish its own procedure. At the direction of the tribunal or at the request of either of the Contracting Party, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held no later than fifteen (15) days after the tribunal is fully constituted.

4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within forty-five (45) days of the time the tribunal is fully constituted. Replies shall be due sixty (60) days later. The tribunal shall hold a hearing at the request of either Contracting Party or at its discretion within fifteen (15) days after replies are due.

5) The tribunal shall attempt to render a written decision within thirty (30) days after completion of the hearing or, if no hearing is held, after the date both replies are submitted, whichever is sooner. The decision of the majority of the tribunal shall prevail.

6) The Contracting Parties may submit requests for clarification of the decision within fifteen (15) days after it is rendered and any clarification given shall be issued within fifteen (15) days of such requests.

7) Each Contracting Party shall give full effect to any decision or award of the arbitral tribunal.

8) If and so long as either Contracting Party or the designated airline of either Contracting Party fails to comply with a decision given under paragraph (5) of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default.

9) The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Contracting Parties.

Article 17

CONSULTATIONS

Either Contracting Party may at any time request consultations on the interpretation, application or amendment of this Agreement. Such consultations shall begin within a period of sixty (60) days from the date the other Contracting Party receives the request.

Article 18

REGISTRATION AND AMENDMENTS

1) This Agreement and all amendments thereto shall be registered with the International Civil Aviation Organisation.

2) Any amendments to this Agreement shall come into effect when they have been confirmed by an Exchange of Notes through diplomatic channel.

3) If a general multilateral agreement concerning air transport comes into force in respect of both Contracting Parties, this Agreement shall be amended so as to conform with the provisions of that Agreement.

Article 19

TERMINATION

Either Contracting Party may at any time notify the other in writing of its intention to terminate this Agreement. Such notice shall be sent simultaneously to the International Civil Aviation Organisation. This Agreement shall terminate one year after the date on which notice of termination is received by the other Contracting Party, unless the notice is withdrawn before the end of this period by agreement between the Contracting Parties. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received on the day of receipt of the notice by the International Civil Aviation Organisation.

Article 20

TITLES

Titles to the Articles in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of the Articles.

Article 21

ENTRY INTO FORCE

The two Contracting Parties shall notify one another through diplomatic channels that their respective requirements for the entry into force of the Agreement have been completed. The Agreement shall enter into force on the date of the later of such notification.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorised by their respective Governments, have signed this Agreement.

DONE this 6th day of October in 1999 at Singapore in duplicate in English.

 

For the Government of For the Government of

the Republic of Latvia: the Republic of Singapore:

 

Annex

Scheduled Air Services

SCHEDULE I

Routes to be operated by the designated airlines of Latvia:

Points of Intermediate Points of Beyond

Departure: Points: Destination: Points:

Points in Latvia To be agreed Singapore To be agreed

SCHEDULE II

Routes to be operated by the designated airlines of Singapore:

Points of Intermediate Points of Beyond

Departure: Points: Destination: Points:

Singapore To be agreed Points in Latvia To be agreed

NOTES:

i) Any of the points on the specified routes in Schedules I and II of this Annex may at the option of the designated airline of either Contracting Party be omitted on any or all flights, provided that these flights originate in the territory of the Contracting Party designating the airline.

ii) The designated airline of either Contracting Party shall have the right to terminate its services in the territory of the other Contracting Party.