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INTERNATIONAL AIR TRANSPORT AGREEMENT,
INTERNATIONAL AIR TRANSPORT AGREEMENT,
SIGNED AT CHICAGO, ON 7 DECEMBER, 1944
(TRANSPORT AGREEMENT)
The States which sign and accept this International Air Transport
Agreement being members of the International Civil Aviation Organization
declare as follows:
Article I
Section 1
Each contracting State grants to the other contracting States the
following freedoms of the air in respect of scheduled international air
services:
1. The privilege to fly across its territory without landing;
2. The privilege to land for non-traffic purposes;
3. The privilege to put down passengers, mail and cargo taken on
in the territory of the State whose nationality the aircraft possesses;
4. The privilege to take on passengers, mail and cargo destined for
the territory of the State whose nationality the aircraft possesses;
5. The privilege to take on passengers, mail and cargo destined for
the territory of any other contracting State and the privilege to put down
passengers, mail and cargo coming from any such territory.
With respect to the privileges specified under paragraphs 3, 4 and 5 of
this section, the undertaking of each contracting State relates only to
through services on a route constituting a reasonably direct line out from
and back to the homeland of the State whose nationality the aircraft
possesses.
The privileges of this section shall not be applicable with respect to
airports utilized for military purposes to the exclusion of any scheduled
international air services. In areas of active hostilities or of military
occupation, and in time of war along the supply routes leading to such
areas, the exercise of such privileges shall be subject to the approval of
the competent military authorities.
Section 2
The exercise of the foregoing privileges shall be in accordance with
the provisions of the Interim Agreement on International Civil Aviation and,
when it comes into force, with the provisions of the Convention on
International Civil Aviation, both drawn up at Chicago on December 7, 1944.
Section 3
A contracting State granting to the airlines of another contracting
State the privilege to stop for nontraffic purposes may require such
airlines to offer reasonable commercial service at the points at which such
stops are made.
Such requirement shall not involve any discrimination between airlines
operating on the same route, shall take into account the capacity of the
aircraft, and shall be exercised in such a manner as not to prejudice the
normal operations of the international air services concerned or the rights
and obligations of any contracting State.
Section 4
Each contracting State shall have the right to refuse permission to the
aircraft of other contracting States to take on in its territory passengers,
mail and cargo carried for remuneration or hire and destined for another
point within its territory. Each contracting State undertakes not to enter
into any arrangements which specifically grant any such privilege on an
exclusive basis to any other State or an airline of any other State, and not
to obtain any such exclusive privilege from any other State.
Section 5
Each contracting State may, subject to the provisions of this
Agreement,
1. Designate the route to be followed within its territory by any
international air service and the airports which any such service may use;
2. Impose or permit to be imposed on any such service just and
reasonable charges for the use of such airports and other facilities; these
charges shall not be higher than would be paid for the use of such airports
and facilities by its national aircraft engaged in similar international
services: provided that, upon representation by an interested contracting
State, the charges imposed for the use of airports and other facilities
shall be subject to review by the Council of the International Civil
Aviation Organization established under the above-mentioned Convention,
which shall report and make recommendations thereon for the consideration of
the State or States concerned.
Section 6
Each contracting State reserves the right to withhold or revoke a
certificate or permit to an air transport enterprise of another State in any
case where it is not satisfied that substantial ownership and effective
control are vested in nationals of a contracting State, or in case of
failure of such air transport enterprise to comply with the laws of the
State over which it operates, or to perform its obligations under this
Agreement.
Article II
Section 1
The contracting States accept this Agreement as abrogating all
obligations and understandings between them which are inconsistent with its
terms, and undertake not to enter into any such obligations and
understandings. A contracting State which has undertaken any other
obligations inconsistent with this Agreement shall take immediate steps to
procure its release from the obligations. If an airline of any contracting
State has entered into any such inconsistent obligations, the State of which
it is a national shall use its best efforts to secure their termination
forthwith and shall in any event cause them to be terminated as soon as such
action can lawfully be taken after the coming into force of this Agreement.
Section 2
Subject to the provisions of the preceding section, any contracting
State may make arrangements concerning international air services not
inconsistent with this Agreement. Any such arrangement shall be forthwith
registered with the Council, which shall make it public as soon as possible.
Article III
Each contracting State undertakes that in the establishment and
operation of through services due consideration shall be given to the
interests of the other contracting States so as not to interfere unduly with
their regional services or to hamper the development of their through
services.
Article IV
Section 1
Any contracting State may by reservation attached to this Agreement at
the time of signature or acceptance elect not to grant and receive the
rights and obligations of Article I, Section 1, paragraph 5, and may at any
time after acceptance, on six months' notice, given by it to the Council,
withdraw itself from such rights and obligations. Such contracting State may
on six months' notice to the Council assume or resume, as the case may be,
such rights and obligations. No contracting State shall be obliged to grant
any rights under the said paragraph to any contracting State not bound
thereby.
Section 2
A contracting State which deems that action by another contracting
State under this Agreement is causing injustice or hardship to it, may
request the Council to examine the situation. The Council shall thereupon
inquire into the matter, and shall call the States concerned into
consultation. Should such consultation fail to resolve the difficulty, the
Council may make appropriate findings and recommendations to the contracting
States concerned. If thereafter a contracting State concerned shall in the
opinion of the Council unreasonably fail to take suitable corrective action,
the Council may recommend to the Assembly of the above-mentioned
Organization that such contracting State be suspended from its rights and
privileges under this Agreement until such action has been taken. The
Assembly by a two-thirds vote may so suspend such contracting State for such
period of time as it may deem proper or until the Council shall find that
corrective action has been taken by such State.
Section 3
If any disagreement between two or more contracting States relating to
the interpretation or application of this Agreement cannot be settled by
negotiation, the provisions of Chapter XVIII of the above-mentioned
Convention shall be applicable in the same manner as provided therein with
reference to any disagreement relating to the interpretation or application
of the above-mentioned Convention.
Article V
This agreement shall remain in force as long as the abovementioned
Convention; provided, however, that any contracting State, a party to the
present Agreement, may denounce it on one year's notice given by it to the
Government of the United States of America, which shall at once inform all
other contracting States of such notice and withdrawal.
Article VI
Pending the coming into force of the above-mentioned Convention, all
references to it herein other than those contained in Article IV, Section 3,
and Article VII shall be deemed to be references to the Interim Agreement on
International Civil Aviation drawn up at Chicago on December 7, 1944; and
references to the International Civil Aviation Organization, the Assembly,
and the Council shall be deemed to be references to the Provisional
International Civil Aviation Organization, the Interim Assembly, and the
Interim Council, respectively.
Article VII
For the purposes of this Agreement, "territory" shall be defined as
in Article 2 of the above-mentioned Convention.
Article VIII
Signatures and Acceptances of Agreement
The undersigned delegates to the International Civil Aviation
Conference, convened in Chicago on November 1, 1944, have affixed their
signatures to this Agreement with the understanding that the Government of
the United States of America shall be informed at the earliest possible date
by each of the governments on whose behalf the Agreement has been signed
whether signature on its behalf shall constitute an acceptance of the
Agreement by that government and an obligation binding upon it.
Any State a member of the International Civil Aviation Organization may
accept the present Agreement as an obligation binding upon it by
notification of its acceptance to the Government of the United States, and
such acceptance shall become effective upon the date of the receipt of such
notification by that Government.
This Agreement shall come into force as between contracting States upon
its acceptance by each of them. Thereafter it shall become binding as to
each other State indicating its acceptance to the Government of the United
States on the date of the receipt of the acceptance by that Government. The
Government of the United States shall inform all signatory and accepting
States of the date of all acceptances of the Agreement, and of the date on
which it comes into force for each accepting State.
IN WITNESS WHEREOF, the undersigned, having been duly authorized, sign
this Agreement on behalf of their respective governments on the date
appearing opposite their respective signatures.
DONE at Chicago the seventh day of December 1944 in the English
language. A text drawn up in the English, French, and Spanish languages,
each of which shall be of equal authenticity, shall be opened for signature
at Washington, D.C. Both texts shall be deposited in the archives of the
Government of the United States of America, and certified copies shall be
transmitted by that Government to the governments of all the States which
may sign or accept this Agreement.
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