Caribbean Aviation Training Institute

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Caribbean Aviation Training Institute
CARIBBEAN AVIATION TRAINING INSTITUTE ACT

CHAPTER 39:52

LAWS OF TRINIDAD AND TOBAGO

Act
56 of 1975

Amended by
5 of 1979
36 of 1980

L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–14 ..

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2 Chap. 39:52 Caribbean Aviation Training Institute

Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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Caribbean Aviation Training Institute Chap. 39:52 3

CHAPTER 39:52

CARIBBEAN AVIATION TRAINING INSTITUTE ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Incorporation.
4. Object of Institute.
5. Address for service of documents.
6. Payments to be a charge on Consolidated Fund.
7. Exemptions.
8. Privileges and immunities of personnel.
9. Privileges and immunities may be waived.

10. United Nations to provide list of personnel.
11. Certificate of Minister conclusive.
12. Paragraph 9 of Agreement to have force of law.

FIRST SCHEDULE.
SECOND SCHEDULE.

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4 Chap. 39:52 Caribbean Aviation Training Institute

CHAPTER 39:52

CARIBBEAN AVIATION TRAINING INSTITUTE ACT

An Act to provide for the implementation by Trinidad and
Tobago of the Agreement establishing the Caribbean
Aviation Training Institute and for matters connected
therewith and incidental thereto.

[11TH DECEMBER 1975]

1. This Act may be cited as the Caribbean Aviation Training
Institute Act.

2. In this Act—
“Agreement” means the Agreement establishing the Caribbean

Aviation Training Institute set out in the First Schedule;
“Board” means the Board of Trustees established under the

Agreement;
“Council” means the Governing Council established under the

Agreement for the purpose of controlling the Institute;
“Institute” means the Caribbean Aviation Training Institute

established under the Agreement.

3. The Institute is hereby created a body corporate.

4. The object of the Institute is to—
(a) provide training in such courses as the Council

may from time to time approve; and
(b) engage in with the prior approval of the Council,

research programmes relating to such aspects of
civil aviation as may be necessary or expedient
to enable it to function effectively.

5. (1) The Institute shall at all times have a permanent
address in Trinidad and Tobago for the service of documents on it
and the address and every change thereof shall be registered with
the Registrar General.

56 of 1975.

Commencement.

Short title.

Interpretation.

First Schedule.

Incorporation.

Object of
Institute.

Address for
service of
documents.

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Caribbean Aviation Training Institute Chap. 39:52 5

(2) All documents to be served on the Institute may be
served by leaving the same at, or by sending the same by registered
post to the registered address.

6. (1) All payments required to be made to the Institute by
Trinidad and Tobago under the provisions of the Agreement shall
be a charge on the Consolidated Fund.

(2) The accounts of the Institute shall be audited annually
by the Auditor General.

7. (1) The Institute, its assets, operations and transactions
shall, subject to subsection (2), be exempt from the payment of—

(a) all direct taxation;
(b) Customs duties or charges of equivalent effect

on any article imported for its official use; and
(c) Excise duties on aircraft fuel used for the purpose

of training student pilots.
(2) The Institute shall not be entitled to exemption from

taxes which are merely charges for public utility services.

8. (1) The facilities, privileges and immunities set out in
the Second Schedule shall be accorded to the personnel of the
Institute including personnel of the United Nations Development
Programme and of any other United Nations Organisation
associated with the Institute during the period of the United Nations
support to the Institute.

(2) Subsection (1) shall not apply to personnel of the
Institute who are citizens and residents of Trinidad and Tobago
(within the meaning of the Immigration Act).

9. The privileges and immunities set out in the Second
Schedule or any of them, may be waived by the Council if in the
opinion of the Council the privilege or immunity would impede
the course of justice and can be waived without prejudice to the
successful completion of the project or to the interest of the United
Nations Development Programme or any other United Nations
Organisation associated with the project.

Payments to
be a charge on
Consolidated
Fund.

Exemptions.
[36 of 1980].

Privileges and
immunities of
personnel.
Second
Schedule.

Ch. 18:01.

Privileges and
immunities may
be waived.
Second
Schedule.

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6 Chap. 39:52 Caribbean Aviation Training Institute

United Nations
to provide list
of personnel.

Certificate of
Minister
conclusive.

Paragraph 9 of
Agreement to
have force
of law.

10. The United Nations shall provide the Government with
the list of its personnel to whom the privileges and immunities
shall apply.

11. If in any proceedings a question arises as to the entitlement
of the Institute or any of its personnel to any exemptions, privileges
or immunities under this Act, a certificate issued by or under the
authority of the Minister of External Affairs to the effect that the
Institute or any of its personnel is or is not so entitled shall be
conclusive evidence of the question.

12. Paragraph 9 of the Agreement shall have the force of law
in Trinidad and Tobago.

FIRST SCHEDULE

AGREEMENT ESTABLISHING THE CARIBBEAN
AVIATION TRAINING INSTITUTE

THE STATES PARTIES TO THIS AGREEMENT hereby establish with
the United Nations Development Programme (UNDP) assistance, the Caribbean
Aviation Training Institute (hereinafter called “the Institute”) to be located at
Waller Airfield in the State of Trinidad and Tobago, and undertake, to the
extent practicable to make full use of the facilities at the Institute for their
training needs.

PURPOSE OF THE INSTITUTE

1. The primary purpose of the Institute shall be to train candidates from
the participating States in civil aviation disciplines, using English as the medium
of instruction.

2. The facilities of the Institute shall also be available to candidates
from non-participating States, under arrangements approved by the
Governing Council.

Section 2.
[5 of 1979].

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Caribbean Aviation Training Institute Chap. 39:52 7

3. In the initial phase of operation of the Institute candidates shall be
trained in the following disciplines:

Air Traffic Services, Aeronautical Information Service, Pilot
Training, Aircraft Maintenance, Avionics, Aerodrome Fire and
Rescue Services, Airport Management.

4. Subsequently, the curriculum may be expanded to incorporate training
in other disciplines, as may be approved by the Governing Council of
the Institute.

5. With the approval of the Governing Council the Institute may also be
used as a venue for research into such aspects of civil aviation as may be required,
including the arranging of conferences and seminars.

TRAINING STANDARDS

6. The training courses shall be designed to ensure that students
completing the courses shall be qualified by knowledge and skill to meet the
standards set in the licensing and other regulations of the participating States
and the standards set or implied in Annex 1 to the Chicago Convention.

ADMISSION

7. In order to ensure a high output of qualified personnel from the Institute
and to minimise wastage of training effort, participating States agree to sponsor
for training only candidates capable of meeting the approved admission standards
of the Institute.

STATUS OF THE INSTITUTE

8. The Government of Trinidad and Tobago shall enact the necessary
legislation to enable the Institute to function as an autonomous organisation.

9. The Institute shall enjoy in the territory of each participating State
such legal capacity, privileges and immunities as are necessary for the exercise
of its functions and accomplishment of its purposes.

THE GOVERNING COUNCIL

10. The Institute shall be controlled by a Governing Council (hereinafter
called “the Council”) which shall meet not less than once a year.

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11. All participating States shall have an equal right to be represented at
the meetings of the Council and each participating State shall be entitled to one
vote. No delegate may represent more than one State. Delegates representing
participating States may be assisted by technical advisers who may participate
in the meetings but shall have no vote.

12. The UNDP and ICAO shall also have the right to be represented at
meetings of the Council for the duration of the UNDP assistance. Their
representatives shall not exercise voting rights.

13. A majority of the participating States is required to constitute a quorum
for the meetings of the Council. Subject to paragraphs 14(f) and 39 decisions of
the Council shall be taken by a majority of the votes cast.

14. The powers and duties of the Council shall be to—
(a) elect at each meeting its President and other officers;
(b) elect the participating States to be represented on the Board

of Trustees;
(c) determine its own rules of procedure and establish such

subsidiary commissions as it may consider to be necessary
or desirable;

(d) establish policy for the operation and development of
the Institute;

(e) examine and take appropriate action on the reports of the Board
of Trustees and decide on any matter referred to it by the Board
of Trustees;

(f) approve annual budgets and determine the financial
arrangements of the Institute. The annual budgets must be
approved by two-thirds vote of the total Membership of
the Council;

(g) review expenditures and approve the accounts of the Institute;
(h) approve the training standards to be applied in the Institute;
(i) determine the procedures for selection, recruitment, control

and termination of appointment of the personnel to be
employed by the Institute as well as their salaries, allowances
and conditions of service;

(j) refer at its discretion, to the Board of Trustees, to subsidiary
commissions, or to any other body any matter within its sphere
of action;

(k) delegate to the Board of Trustees the powers and authority
necessary or desirable for the discharge of the functions of
the Institute;

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(l) consider proposals for the modification or amendment of the
provisions of this Agreement and, if it approves the proposals,
recommend them to the participating States in accordance with
the provisions of paragraph 39;

(m) appoint the Co-Manager of the Project and the Principal;
(n) do any other acts or things regarding the conduct of the affairs

of the Institute which are necessary to fulfil the objectives of
the Institute.

THE BOARD OF TRUSTEES
15. A Board of Trustees (hereinafter called “the Board”) shall be

established to act for and on behalf of the Council between meetings of the
Council. It shall consist of five participating States elected by the Council and,
ex officio, the Principal of the Institute who shall not have the right to vote. The
Board shall meet at intervals not greater than six months. Members of the Board
may be assisted by technical advisers who may participate in the meetings but
shall have no vote.

16. The election of the members of the Board shall be made at the first
meeting of the Council and thereafter every year. The members of the Board so
elected shall hold office for a period of not less than one year. Serving members
shall be eligible for re-election.

17. Any vacancy on the Board shall be filled by the Council as soon as
possible; any participating State so elected to the Board shall hold office for the
unexpired portion of its predecessor’s term of office.

18. The voting members of the Board shall constitute a quorum. Decisions
shall be by vote. In the event of a tie the Chairman shall have the casting vote.

19. The Board shall elect its own Chairman, who shall be eligible for
re-election.

20. The duties of the Chairman shall be to—
(a) convene meetings of the Council;
(b) convene meetings of the Board;
(c) serve as representative of the Board;
(d) carry out on behalf of the Board the functions which the Board

assigns to him.

21. The Board shall—
(a) determine its own rules of procedure;
(b) submit annual reports to the Council;

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(c) carry out the directions of the Council;
(d) approve after appropriate consultation with the Government

of Trinidad and Tobago, the appointment of the international
experts to be assigned to the project in accordance with the
Work Plan of the Project as approved;

(e) administer the finances of the Institute;
(f) approve the course schedules and curricula.

PERSONNEL
22. The Institute shall be administered by a Principal. The Project Manager

shall be the Principal until hand-over of that duty to his appointed counterpart
in accordance with the provisions for such hand-over in the approved Work
Plan of the UNDP Project.

23. The Principal shall be responsible to the Board and through it to the
Council for the operation of the Institute.

24. The Principal shall be responsible for the selection , recruitment, control
and termination of appointment of all the personnel of the Institute. In exercising
these functions he shall comply with the procedures established by the Council,
in accordance with the provisions of paragraph 14(i).

25. The instructors, senior technical and administrative staff employed by
the Institute shall be recruited, as far as practicable, from the participating States.
All other staff shall normally be recruited from the State of Trinidad and Tobago.

26. While it is desirable that the participating States are as equitably
represented as possible in the instructor and senior technical and administrative
cadre of the Institute, the primary criterion in selecting such staff shall
be competence.

FINANCES
27. The State of Trinidad and Tobago shall bear the initial capital cost of

providing land, buildings, equipment and furniture, aviation facilities and
services for the Institute as specified in the project request submitted to the
UNDP for assistance in the establishment of the Institute.

28. It is the intention of the participating States that the Institute shall
achieve economic viability at the earliest date resulting from training fees
equalling annual operating costs. Until such time as economic viability is
achieved the excess of operating costs over revenue shall be the joint
responsibility of participating States.

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Caribbean Aviation Training Institute Chap. 39:52 11

29. The formula for determining the contribution of each participating State
to provide for any excess of annual operating costs over revenue in any year
shall be as set out in the Annex to this Agreement. The Annex shall form an
integral part of this Agreement.

30. The Board shall submit to the Council annual budgets, annual
statements of accounts and estimates of all receipts and expenditures. The
Council shall ensure that the budgets approved for the duration of the UNDP
assisted project provide the means necessary for execution of that project in
accordance with the approved Work Plan of the project.

MISCELLANEOUS
31. The Council may suspend the voting power in the Council and remove

from office on the Board any participating State that fails to discharge within a
reasonable period its financial and other obligations to the Institute. The Council
may, in addition, suspend all other rights and privileges of such State under
this Agreement.

32. Each participating State shall bear the expenses of its delegation to the
Meetings of the Council and to the Meetings of any subsidiary Commission of
the Council. The travel costs and “per diem” of the five nominees of the Members
of the Board, however, shall be borne by the Institute.

APPROVAL OF AGREEMENT
33. The following States: Antigua, Bahamas, Barbados, Belize, British

Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Jamaica,
Montserrat, Netherlands Antilles, St. Kitts-Nevis-Anguilla, St. Lucia, St. Vincent,
Suriname, Trinidad and Tobago and the Turks and Caicos Islands may become
parties to this Agreement either by—

(a) signature;
(b) acceptance.

34. This Agreement shall be deposited with the Government of Trinidad
and Tobago (hereinafter called “the Depositary”) and shall remain open for
signature until 28th February 1974.

35. Any State mentioned in paragraph 33 which has not signed the
Agreement may accept this Agreement by depositing an instrument of acceptance
with the Depositary.

36. This Agreement shall enter into force as soon as it has been signed or
accepted by that number of States mentioned in paragraph 33 whose Units as
set out in the Annex to this Agreement total at least 529 Units.

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12 Chap. 39:52 Caribbean Aviation Training Institute

37. The Depositary shall transmit certified copies of this Agreement to all
States which have signed or accepted it and shall notify all the States mentioned
in paragraph 33 when the Agreement has entered into force.

38. After the entry into force of this Agreement it shall be open for accession
by other States on application to and under such terms and conditions as
determined by the Council.

AMENDMENT OF AGREEMENT
39. Any proposed amendment to this Agreement must be approved by a

two-thirds vote of the total membership of the Council and shall come into
force for all participating States when ratified by the number of participating
States specified by the Council. The number so specified shall not be less than
two-thirds of the total number of participating States.

DENUNCIATION OF AGREEMENT
40. Any participating State may give notice of denunciation of this

Agreement six years after its coming into effect, by notification to the Minister
of External Affairs of the Government of Trinidad and Tobago. Such denunciation
shall take effect one year from the date of the receipt of the notification.

ANNEX
ANNEX TO THE AGREEMENT ESTABLISHING THE CARIBBEAN

AVIATION TRAINING INSTITUTE

FORMULA FOR DETERMINING THE CONTRIBUTION
OF STATES TO THE EXCESS OF OPERATING

COSTS OVER REVENUE
Jamaica … … … … … 306
Trinidad and Tobago … … … … 224
Guyana … … … … … 102
Suriname … … … … … 102
Netherlands Antilles … … … … 102
Barbados … … … … … 78
Bahamas … … … … … 49
Antigua … … … … … 7
Belize … … … … … 7
Dominica … … … … … 7
Grenada … … … … … 7
St. Kitts-Nevis-Anguilla … … … … 7
St. Lucia … … … … … 7

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St. Vincent … … … … … 7
British Virgin Islands … … … … 2
Cayman Islands … … … … 2
Montserrat … … … … … 2
Turks and Caicos Islands … … … … 2

Total 1,020

SECOND SCHEDULE

PRIVILEGES AND IMMUNITIES
1. The personnel of the Institute employed in Trinidad and Tobago shall

have the right to the following:
(a) immunity from legal process in respect of all acts done by

them in their official capacity in connection with the Institute;
(b) immunity from national service obligations;
(c) immunity together with their spouses and relatives who are

dependent on them from immigration restrictions;
(d) the privilege of bringing into the country reasonable amounts

of foreign currency for purposes connected with the Institute
or for their personal use, and of withdrawing any such amounts
brought into the country or, in accordance with the relevant
foreign exchange regulations, such amounts as may be earned
therein by such personnel as a result of their connection with
the Institute; and

(e) the same repatriation facilities for themselves and their spouses
and relatives who are dependent on them as are accorded
diplomatic envoys in the event of an international crisis.

2. All personnel of the Institute shall enjoy inviolability for all papers
and documents relating to the Institute.

3. The Government of Trinidad and Tobago shall exempt from or bear
the cost of any taxes, duties, fees or levies which it may impose on any foreign
firm or organisation retained by the United Nations or by the Institute for the
purposes of the Institute and of the foreign personnel of any such firms or
organisations in respect of—

(a) the salaries or wages earned by such personnel in the course
of duties connected with the project;

Sections 8
and 9.

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14 Chap. 39:52 Caribbean Aviation Training Institute

(b) any equipment, materials and supplies brought into the country
for the purposes of the Institute or which, after having been
brought into the country, may be subsequently withdrawn
therefrom;

(c) any substantial quantities of equipment, materials and supplies
obtained locally for the purpose of the Institute such as petrol
and spare parts for the operation and maintenance of equipment
mentioned under paragraph (b), except that the types and
approximate quantities to be exempted and the relevant
procedures to be followed shall be determined by the
Government of Trinidad and Tobago; and

(d) as in the case of concessions currently granted to the United
Nations experts, any property brought into the country
including one privately owned automobile for each expert, by
the firm or organisation or its personnel for their personal use
or consumption or which, after having been brought into the
country may subsequently be withdrawn therefrom upon
departure of such personnel.

4. Officers of the Institute recruited from abroad shall be entitled to duty
free imports of their personal effects, including one privately owned automobile
for each officer, brought into the country within six months of their assumption
of duty.

5. For the purposes of Article 4 “officer” means any person employed
with the Institute in a professional or senior technical or administrative grade or
as an instructor.

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