Sanctioned: November 26, 2003.
Enacted: January 9, 2004.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:ARTICLE 1 Approved the Agreement on Arab Services between the Government of the Republic of Armenia and the Government of the Republic of Armenia DE COREA, signed in Buenos Aires on 9 September 1996, consisting of VEINTIDOS (22) articles and UN (1) annex, whose photocopies authenticated in Spanish and English are part of this law. ARTICLE 2 Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTISEIES OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL TRES.
EDUARDO O. CHANGE. . MARCELO G. LOPEZ ARIAS. . Eduardo D. Rollano. . Juan Estrada.
NOTE: The English language text is not published.
AGREEMENT ON SERVICES BETWEEN THE GOVERNMENT OF THE ARGENTINA REPUBLIC
THE GOVERNMENT OF THE REPUBLIC OF KOREA
The Government of the Argentine Republic and the Government of the Republic of Korea (hereinafter referred to as "the Parties"),
Recognizing the growing importance of international air services between the two countries and wishing to conclude an Agreement for the purpose of establishing and operating air services between their respective territories and beyond,
Being Parties to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944,
They agreed on the following:
For the purposes of this Agreement:
(a) The term "Aeronautical authority" refers in the case of the Republic of Korea, the Minister of Construction and Transport, or to any person or agency authorized to perform functions currently exercised by the Minister or similar functions, and in the case of the Argentine Republic, the Ministry of Economy and Public Works and Services or any person or agency authorized to perform functions currently exercised by the Ministry or similar functions;
(b) The term "agreement" refers to this Agreement, its Annex and any amendments thereto;
(c) The term "agreed services" refers to air services established under this Agreement;
(d) The term "airline" refers to any air transport company that provides or operates an air service;
(e) The term "air services" refers to programmed and unscheduled air services performed by aircraft for public transport of passengers, cargo or correspondence, separately or in combination, through remuneration or contract;
(f) The term "designated airline" refers to the designated airline or airline/s and authorized/s in accordance with Article 3 of this Agreement;
(g) The term "permission of operation" refers to the authorization granted by the aeronautical authorities of one party to a designated airline of the other Party in accordance with Article 3 of this Agreement;
(h) The term "specified ballots" refers to the routes specified in the Programs under the Annex to this Agreement;
(i) The term "scale for non-trafficking purposes" refers to a landing for any purpose other than to board or disembark passengers, cargo or correspondence;
(j) The term "the Convention" refers to the Convention on International Civil Aviation opened for signature in Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendments to the Annexes or the Convention under Articles 90 and 94 thereof, provided that they are valid for both Parties; and
(k) The term "territory" refers to land areas and territorial waters adjacent to them under the sovereignty, protection, protection or mandate of a Party.
(l) The term "tarifa" means:
(a) the rate fixed by an airline for the transport of passengers and their luggage in scheduled air services and the expenses and conditions of services related to such transport;
(b) the freight rate by an airline for cargo transport (excluding correspondence) in scheduled air services;
(c) the conditions governing the availability or applicability of any of these freight rates or rates including any benefit related to them; and
(d) the commission rate paid by an airline to an agent with respect to tickets sold or air guides filled by that agent for transportation in scheduled air services.
(m) the term "aircraft change" means the operation of the services agreed by a designated airline, so that one or more sectors of the route are flown by aircraft of different capacity than those used on another sector of the same route.
Protection of Rights
1. Each Party grants the other Party the following rights for its airline to operate air services:
(a) The right to fly through its territory without landing, and
(b) The right to make scales in its territory for non-trafficking purposes.
2. Each Party grants the other Party the rights specified in this Agreement for the purpose of operating air services programmed on specified routes and of making scales at the points specified for that route in the corresponding program of the Annex to this Agreement to ship and disembark international traffic of passengers, cargo and correspondence, separately or in combination.
3. All rights under this Agreement by one Party shall be exercised only for the benefit of the designated airline of the other Party.
4. The airlines of each 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 due to armed conflicts, disturbances or political events, or special and unusual circumstances, a designated airline of a Party may not operate a service on its normal route, the other Party shall make every effort to facilitate the uninterrupted operation of such service through an appropriate reordering of such routes, including the granting of rights for as long as it is necessary to facilitate viable operations.
6. No provision provided for in paragraph (2) of this Article shall be deemed to confer upon the designated airline/s of a Party the privilege of embarking on the territory of the other Party, passengers, cargo or correspondence, transported for remuneration or contract and for another part of the territory of that other Party.
Designation and Authorization
1. Each Party shall have the right to designate the amount of airlines it wishes to carry out the agreed services and to withdraw or modify such designations. Such designations shall be transmitted to the other Party in writing through the diplomatic channel and shall indicate whether the airline is authorized to carry out the type of air services specified in the Annex.
2. Upon receipt of a designation made by a Party and a request, in the form and in the prescribed manner, of the airline so designated for authorization to operate and technical permit (hereinafter referred to as "permission of operation"), the other Party shall grant the operating permit with the minimum required processing delay, provided that:
(a) does not operate unless a fee established in accordance with the provisions of Article 12 with respect to that service is in force,
(b) Substantial ownership and effective control of the airline are entrusted to the Party that designates the airline, its nationals or both, in accordance with the provisions of the laws and regulations of the Party that designates the airline.
(c) the airline is qualified to comply with the conditions prescribed by the laws and regulations that the Parties evaluating the request normally apply to the operation of air services, and
(d) The Party designating the airline maintains and administers the standards stipulated in Article 8.
Revocation or Suspension of the Operation Permit
1. Each Party shall have the right to revoke, suspend, limit or impose conditions on the operating permit of an airline designated by the other Party when:
(a) such airline does not comply with the laws and regulations referred to in Article 7, or
(b) Substantial ownership and effective control of that airline are not conferred upon the Party designating the airline or its nationals or both, in accordance with the provisions of the laws and regulations of the Party designating the airline, or
(c) the other Party does not maintain or administer security standards as provided for in Article 8, or
(d) in all cases where the airline otherwise does not comply with the provisions of this Agreement.
2. The right under paragraph 1 shall be exercised only after consultation with the other Party, unless the immediate revocation, suspension or imposition of the conditions set out in paragraph 1 of this Article is essential to avoid the violation of the laws and regulations referred to in Article 7 of this Agreement.
Customs Rights and Other Similar Taxes
1. The aircraft that the designated airlines of the Parties operate for international services as well as their regular equipment, spare parts, fuel supplies and lubricants and provisions for aircraft (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other taxes upon entry into the territory of the other Party in accordance with the provisions of the laws and regulations in force of each Party, provided that such equipment is retained at the time.
2. There shall also be exemptions from the same duties, tariffs and taxes, in accordance with the provisions of the laws and regulations in force in each Party, except for the taxes corresponding to the service performed;
(a) provisions for aircraft shipped in the territory of any Party, within the limits set by the competent authorities of that Party, and to be used on board the aircraft operating in the agreed services of the other Party;
(b) spare parts, including engines, entered into the territory of any Party for the maintenance or repair of aircraft used in the services agreed upon by the designated airlines of the other Party;
(c) Expendable fuel, lubricants and technical materials for the supply of the aircraft that the designated airlines of the other Party operate in the agreed services, even if such supplies must be used in the travel section on the territory of the Party on which they are shipped.
The customs authorities may require the maintenance of the materials referred to in subparagraphs (a), (b) and (c) of this paragraph under customs supervision and control.
3. The regular airborne equipment, as well as the materials and supplies retained on board the aircraft of any Party may be disembarked on the territory of the other Party only with the approval of the customs authorities of that other Party. In that case, the customs authorities may place them under their supervision until they are re-exported or otherwise disposed of, in accordance with customs law.
Direct Transit Traffic
1. Passengers, baggage and cargo in direct transit through the territory of a Party and who do not leave the airport area reserved for such purposes are subject only to very simplified control.
2. Luggage and direct transit cargo will be exempt from customs duties and other similar taxes.
Application of the Laws
1. The laws and regulations of a Party governing the entry and departure of its territory from the aircraft operating in air services, or the operation and flight of that aircraft while inside its territory, shall apply to the aircraft of the airline designated by the other Party and shall be complied with by that aircraft when entering or leaving and while within the territory of the first Party.
2. The laws and regulations of a Party governing the entry, stay and departure of its territory of passengers, crew, cargo or correspondence, such as formalities concerning the entry, departure, emigration and immigration, passports, customs, currency and quarantine, and sanitary measures shall be complied with by or on behalf of such passengers, crew, cargo or correspondence transported by the designated airline of the other Party upon entry or departure and as long as it has been.
3. Each Party undertakes not to grant any preference to its own designated airline in relation to the designated airline of the other Party in the application of the laws and regulations provided for in this Article.
1. Certificates of aircraft, certificates of aptitude, and licences issued or validated by a Party, during the period of its validity, shall be recognized as valid by the other Party for the purpose of the operation of the air services stipulated in this Agreement, provided that the requirements under which they were issued or validated are equal to or above the minimum standards that may be established in accordance with the Convention. However, each Party reserves the right to refuse to recognize, for flights on its own territory, the certificates of aptitude and licences granted to its own nationals by the other Party.
2. The aeronautical authorities of each Party may request consultations on the safety and security standards and requirements relating to aviation, crew, aircraft, aircraft, which is maintained and administered by the other Party. If, in accordance with such consultations, the aeronautical authorities of any Party finds that the other Party does not effectively maintain or manage the safety and security standards and requirements in those areas that are equal to or above the minimum standards that may be established under the Convention, they shall notify the other Party of such criteria and of the measures deemed necessary for the safety and security standards to be at least equal to the minimum standards that may be established by the other Party.
3. Each Party reserves the right under Article 4 to maintain, limit, suspend, revoke or impose conditions on the authorization of operation with respect to any airline designated by the other Party, in the event that the other Party does not take that appropriate measure within a reasonable time.
1. In accordance with their rights and obligations under international law, the Parties reaffirm that their mutual obligation to protect the safety of civil aviation against acts of illegal interference is an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties, in particular, shall act in accordance with the provisions of the Convention on Crimes and Other Acts Committed to the Eradication of an Aeronave, signed in Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Abduction of Avionaves, signed at The Hague on 16 December 1970 and the Convention for the Suppression of Civil Acts
2. The Parties shall provide each other, upon request, with the greatest possible assistance to the other to prevent acts of illegal hijacking of a civilian aircraft and other unlawful acts against the safety of such aircraft, its passengers and crew, airports and aircraft facilities, and any other threat to the safety of civil aviation.
3. The Parties, in their mutual relations, shall act in accordance with the aviation safety standards established by the International Civil Aviation Organization and designated as Annexes to the International Civil Aviation Convention to the extent that such safety standards are applicable to the Parties; the Parties shall require that the aircraft operators of their registry or operators of aircraft with principal headquarters or permanent residence in their territory and the airport operators in their territory act in accordance with the security of their aircraft.
4. Each Party agrees that it will require such aircraft operators to comply with the aviation safety standards referred to in paragraph (3) above that require the other Party to enter, exit or stay in the territory of that other Party. Each Party shall ensure that appropriate measures are effectively implemented within its territory to protect aircraft and to ensure security controls for passengers, crew, hand baggage and the cargo and warehouses of the aircraft before and during shipment or cargo. Each Party shall jointly consider any request from the other Party to take reasonable special security measures in the event of a particular threat.
5. Where an incident or threat of incident of unlawful hijacking of a civilian aircraft or other unlawful acts against the safety of such aircraft, its passengers, crew, airports or aircraft facilities occurs, the Parties shall provide mutual assistance by facilitating communications and other appropriate measures aimed at bringing an expeditious and safe end to such incident or threat to the extent possible under the circumstances.
Timetable, Information and Statistics
1. A Party ' s designated airline shall submit, before 30 days of the date of operation of any agreed service (which is a scheduled air service), its schedules proposed to the other Party ' s aviation authorities for approval. These schedules will include all relevant information, including the type of aircraft to be used, frequency of service and flight programs.
2. The aeronautical authorities of one of the Parties shall provide to the aeronautical authorities of the other Party, at their request, periodic statistical reports or other reports as reasonably required for the purpose of keeping a record. Such reports will provide information on the amount of traffic transported by the airline designated in the agreed services and the origin and destination of such traffic.
1. There will be fair and equitable opportunities for the designated airlines of both Parties to operate the services agreed on the routes specified in their respective territories.
2. In operating the agreed services, the designated airline of each Party shall take into account the interests of the designated airline of the other Party in order not to unduly affect the services provided by the latter in all or part of the same routes.
3. The agreed services provided by the designated airlines of the Parties shall be closely related to the requirements of the public for transport on the specified routes and shall have a primary objective to supply, with a reasonable charge coefficient, the appropriate capacity to meet the normal and reasonably predictable requirements of the transport of passengers, cargo and correspondence from and to the territory of the Party that designated the airline.
4. The provision for the transport of passengers, cargo and correspondence boarded and disembarked at points located on routes specified in the territories of States other than those designated by the airline shall be carried out in accordance with the general principles on which the capacity relates to:
(a) traffic requirements to and from the territory of the Party that designated the airline;
(b) Subsidiary demands for traffic requirements in the airline area after taking into account other transportation services established by airline airlines; and
(c) complementary requirements for direct operation of the airline.
1. The rates that the designated airlines of the Parties set for transport in the agreed services shall be those approved by both aeronautical authorities and shall be established at reasonable levels, taking due account of all relevant factors, including the cost of operation of the agreed services, the interests of the users, reasonable profits and the rates of other airlines operating in the entire or part of the same route. The rates shall be established, where possible, in accordance with the International Air Transport Association pricing mechanism.
2. Any designated airlines may consult jointly on the tariff proposals, but will not be required to do so before submitting a proposed fee. The aeronautical authorities of each Party shall not accept a submission unless the designated airline conducting such a submission ensures that it has informed the other designated airlines of the proposed rates.
3. Any proposed tariff for transport between the Republic of Korea and Argentina shall be submitted to the aeronautical authorities of both Parties in such a way that the aeronautical authorities may separately request the data referred to in paragraph (1) of this Article. This will be submitted in a term not less than 60 days (unless the respective aeronautical authorities previously approve a shorter reporting period) before the actual date proposed. The proposed fee shall be considered submitted to a Party on the date on which the aeronautical authorities of that Party received it. Each of the designated airlines shall not be liable to any aeronautical authority other than the justification of the proposed rates, except when a fee had been filed unilaterally.
4. Any proposed fee may be approved by the aeronautical authorities of any Party at any time provided it has been submitted in accordance with paragraph (4) of this Article. If none of the aeronautical authorities had expressed their disapproval within thirty (30) days after the date of submission, these rates will be considered as approved.
5. In the event that a fee is not approved in accordance with the provisions of paragraph (5) of this Article, the aeronautical authorities of either Party may require consultations to be held within 30 days of receipt of the request, or as otherwise agreed by both aeronautical authorities.
6. In the event that a fee had not been approved by one of the aeronautical authorities pursuant to paragraph (5) of this Article, and the aeronautical authorities could not have reached an agreement after the consultations conducted in accordance with paragraph (6) of this Article, the dispute may be settled in accordance with the provisions of Article 17 of this Agreement. However, in no circumstances, a Party shall require a different rate than its own designated airline for similar services between the same points.
7. A fee established under the provisions of this Article shall remain in force until a replacement fee is established.
1. Each Party grants the designated airline of the other Party the right to undertake the sale of air services and related services in its territory directly, and at the discretion of the airline, through its agents.
2. In accordance with the provisions of the laws and regulations in force in the territory of each Party, the airline designated by a Party in accordance with Article 3 is authorized to maintain the technical, administrative and commercial personnel necessary for the operation of air services in accordance with the Annex to this Agreement and to establish and operationalize offices in the territory of the other Party.
Aeronave change with different capacity
1. The designated airline of a Party may replace one aircraft by another at an intermediate point or at a point in the territory of the other Party only under the following conditions:
(a) to justify a reason for economy in the operation;
(b) that the aircraft used in the most distant route section of the terminal in the territory of the first part was smaller, in terms of capacity, than that used in the nearest section;
(c) that the lower-capacity aircraft will operate only in relation to the larger-capacity aircraft and will be programmed to do so; the first will reach the point of change for the purpose of transporting the traffic transferred from, or to be transferred to, the larger-capacity aircraft; and its capacity will be determined with the main reference to this purpose;
(d) that there is an adequate volume of direct traffic; and
(e) that the provisions of Article 11 of this Agreement govern all arrangements made with regard to aircraft change.
2. For the purpose of the change of flight operations, a designated airline may use its own equipment, and in accordance with national regulations, rental equipment.
3. A designated airline will be able to use different or identical flight numbers for the sectors of your flight change.
Transfer of Income
1. Each Party shall grant the designated airline of the other Party the right to remit the surplus after payment of the expenses incurred in the territory of the first part. The procedure for the shipment of such income shall be carried out in accordance with the foreign currency exchange regulations of the first Party.
2. Income to be forwarded shall be set at the effective exchange rate (including all exchange rates and other expenses), and shall be forwarded immediately and without any restrictions.
Airport facilities and rates
1. Each Party may impose or permit fair and reasonable rates for the use of public airports and other facilities under its control, provided that such rates are not higher than the rates imposed for such use by its national airlines operating similar international services.
2. Neither Party shall give preference to its own airline or any other airline above the other Party ' s airline in the application of its customs, immigration, agriculture, health and similar regulations or in the use of airports, air routes, air traffic services and related facilities under its control.
1. Any dispute concerning matters covered by this Agreement is not satisfactory through consultations shall, at the request of any Party, be submitted to arbitration in accordance with the procedures set forth in this Agreement.
2. The arbitration shall be made by a court of three arbitrators, which shall be constituted as follows:
(a) Each Party shall designate an arbitrator within 60 days following the date on which one Party requested arbitration to the other Party. Within 30 days of the 60-day period, the two arbitrators thus nominated by agreement shall designate a third arbitrator, who shall not be a national of any of the Parties and shall serve as president of the arbitral tribunal,
(b) If either party does not designate an arbitrator, or if a third arbitrator agreement had not been reached in accordance with paragraph (a), either Party may request the President of the Council of the International Civil Aviation Organization to designate a necessary arbitrator or arbitrator within a period of 30 days. If the President is of the nationality of any of the Parties, the oldest Vice-President, and is not disqualified for that reason, shall make the appointment.
3. Unless the Parties agree otherwise, the arbitral tribunal shall determine the limits of its jurisdiction in accordance with this Agreement, and shall establish its own procedure. On the instructions of the court or at the request of any Party, a conference will be held within 15 days of the full constitution of the court, to determine the precise issues to be submitted to arbitration and the specific procedures to be followed.
4. Unless otherwise agreed between the Parties or indication of the court, each Party shall submit a memorandum within 45 days of the date of the full constitution of the court. The deadline for responses will expire 60 days later. The court shall hold a hearing at the request of the Parties or on the basis of its criteria within 15 days of the expiration of the submission of replies.
5. The court shall seek to issue a written decision within 30 days of the end of the hearing or, if no hearing was held, after the date of the submission of both responses, any first. The decision of the majority of the court shall prevail.
6. The parties may submit a request for clarification of the decision within 15 days of issuance and any clarification provided shall be issued within 15 days of such request.
7. Each Party shall give full validity to any decision or award of the arbitral tribunal.
8. In the event that and as long as one of the Parties fails to comply with a decision issued under paragraph (5) of this Article, the other Party may limit, suspend or revoke any right or privilege that it has granted under this Agreement to the non-compliance Party.
9. The costs of the arbitral tribunal, including the tariffs and expenses of the arbitrators, shall be shared equally by the Parties.
Any Party may at any time request consultations on the interpretation, application or amendment of this Agreement. Such consultations shall commence within a period of 60 days following the date of receipt of the request by the other Party.
Registration and Amendments
1. This Agreement and all amendments thereto shall be registered with the International Civil Aviation Organization.
2. Any modification to this Agreement shall enter into force once confirmed by the exchange of Notes by diplomatic means.
3. If a general multilateral agreement on air transportation enters into force with respect to both Parties, this Agreement shall be amended in a manner consistent with the provisions of that Agreement.
4. Any amendment to the Annex to this Agreement shall enter into force once confirmed by the Exchange of Notes through diplomatic channels, unless otherwise agreed.
Any Party may at any time notify the other Party in writing, through diplomatic channels, of its intention to denounce this Agreement. Such notification shall be issued simultaneously to the International Civil Aviation Organization. This Agreement shall terminate one year after the date on which the other Party receives the notification of denunciation, unless the notification is withdrawn by agreement between the Parties prior to the expiration of this period. In the absence of receipt by the other Party, the notification shall be deemed to have been received on the date on which the International Civil Aviation Organization receives the notification.
The titles for heading the Articles in this Agreement are introduced only as a reference and convenience and will in no way affect the interpretation of the Articles.
Entry in Vigor
This Agreement and its annex shall enter into force from the date of the Exchange of Diplomatic Notes, notifying that each Party has complied with the respective legal requirements.
In WITNESS WHEREOF, the undersigned, Minister for Foreign Affairs, International Trade and Worship by the Argentine Republic and for Foreign Affairs by the Republic of Korea, duly authorized by their respective Governments, have signed this Agreement.
Made in Buenos Aires on 9 September 1996, in two copies in the Korean, Spanish and English languages, these texts being equally authentic. In case of divergence in interpretation, the English text will prevail.OF THE REPUBLIC OF ARGENTINA OF THE REPUBLIC OF KOREA
1. Routes that the airline designated in the Republic of Korea will operate in both directions.
|Origin Points||Intermediate points|
1 Point in the Republic of Korea
Points to be Specified later
|Destination Points||External points|
1 Point in the Argentine Republic
Points to be Specified later
2. Routes that the designated airline of the Argentine Republic will operate in both directions.
|Origin Points||Intermediate points|
1 Point in the Argentine Republic
Points to be Specified later
|Destination Points||External points|
1 Point in the Republic of Korea
Points to be Specified later
3. Points to be operated on the routes specified above will be jointly determined by the aeronautical authorities of the Parties.
4. The designated airlines of both Parties may, on all or on any of the flights, fail to make stops at any of the above points provided that the agreed services on the route begin at points of origin of the respective countries.