Law 13.919

ADOPTION OF THE CONVENTION ON AMERICA TRANSPORT AGAINST THE GOVERNMENT OF THE ARGENTINA REPUBLIC AND THE CHILE GOVERNMENT.

BUENOS AIRES, Aug 3, 1950

The Senate and the Chamber of Deputies of the Argentine Nation,
in Congress, etc.
SANCIONAN WITH FORCE OF LEY.

Article 1.- Approve the agreement on air transport between the government of the Argentine Republic and the government of Chile, signed in Santiago de Chile on 14 December 1948.

Art. 2.- Contact the Executive.

RAMELLA - CAMPORA - Reales. Gonzalez.

Annex A - EXTERIORS- INTERNATIONAL CONVENTS-TRANSPORTE Approval of the agreement on air transport between the government of the Argentine Republic and the government of Chile, signed in Santiago de Chile on 14 December 1948.

ARTICLE I Each Contracting Party grants to the other the rights specified in this Convention and its Annexes, in order to establish regular, permanent and seasonal international commercial air routes and services, as indicated in Annex B.

ARTICLE II Each of the air services indicated may commence operations as soon as each Contracting Party designates one or more airlines of its nationality to serve one or more routes of those specified in Annex B. The other Contracting Party shall be obliged to grant the designated airline or airline the corresponding operating permit, provided that the company or companies designated by the other Contracting Party comply with the conditions prescribed by the laws and regulations of that Party, which normally regulate the request and operation of the international air transport services.

ARTICLE III In order to prevent discriminatory practices and ensure equal treatment, both Contracting Parties agree that:

(a) Each Contracting Party may impose or permit the imposition of just and reasonable charges for the use of public airports and other facilities under its control. Both Contracting Parties agree, however, that all these charges shall not exceed those that pay for the use of such airports and facilities their national aircraft that are dedicated to similar international services (b) Fuel, lubricating oils and spare parts introduced into the territory of one of the Contracting Parties by or on behalf of the companies of the other Contracting Party shall, for the exclusive use of their aircraft, receive, in respect of customs duties, inspection fees and other national taxes or charges, by the Contracting Party in whose territory they have entered, the same treatment as that applied to their international airline and to those of the nation (c) Aircraft used in the operation of the agreed services, fuel, lubricant oils and spare parts, regular equipment and aviation materials held on board the civilian aircraft of the airlines of one of the Contracting Parties, authorized to operate the routes and services referred to in the Annexes, shall be on arrival and departure from the territory of the other Contracting Party, exempt from customs duties, inspection or other gravel employees, The things listed in the preceding paragraph and which enjoy the exemption therein, may not be deposited on land without the approval of the customs authorities of the other Contracting Party. Until their re-export or use, these things will be subject to the customs control of the other Contracting Party, but without affecting their availability.

ARTICLE IV Aerial navigation certificates, certificates of competence and licenses issued or validated by one of the Contracting Parties that are in force shall be recognized as valid by the other Contracting Party for the purpose of maintaining the routes and services described in the Annexes. Each Contracting Party reserves, however, the right not to recognize, when it comes to flight on its own territory, the certificates of competence and licences granted to its own nationals by the other Contracting Party or by a third State.

ARTICLE V The laws and regulations of a Contracting Party, relating to the entry, stay and departure of its territory from aircraft used in international air navigation or relating to the operation and navigation of such aircraft, within the limits of the same territory, shall apply to aircraft of the company or air companies designated by the other Contracting Party. The laws and regulations of each Contracting Party, relating to the entry, stay and departure of its territory, of passengers, crews or cargo of aircraft, such as those concerning the entry, dispatch, immigration, customs passports and health, shall apply to passengers, crew members and cargo of aircraft used in the agreed services.

ARTICLE VI Both Contracting Parties reserve the right to deny or revoke the certificate or permission of an airline authorized by the other Contracting Party: (a) In the event that the substantial property and effective control of such an airline are not in the hands of nationals of the other Contracting Party: (b) Where the airline authorized by the other Contracting Party does not comply with the laws or regulations of the Contracting Party on whose territory it operates, in the manner established in Articles II and V of this Convention and (c) Where in any other way such a line does not comply with the conditions under which the rights have been granted in accordance with this Convention and its Annexes.

ARTICLE VII Offences to the legal or regulatory provisions relating to air traffic that do not constitute an offence and have been committed in the territory of one of the Contracting Parties by the personnel of companies designated by the other Contracting Party shall be communicated to the Air Authorities of the latter by the Party in whose territory the offence was committed. If this is of a serious nature, the application of disciplinary measures provided for the offence committed may be requested. In the event of qualifying recidivism, the revocation of the designation of the responsible company may be requested without prejudice to the provisions of Article VI.

ARTICLE VIII The Contracting Parties reserve the power to replace, with other national airlines, the orally designated aerial companies with the other Contracting Party. All provisions of this Convention and its Annexes shall be applied to the new designated company.

ARTICLE IX This Convention and all agreements that complement or modify it shall be registered with the International Civil Aviation Organization (O.A.C.I.).

ARTICLE X Each Contracting Party may, at any time, notify the other of its intention to denounce this Convention, initiating consultations between the two Contracting Parties. After sixty days from the date of notice, without an understanding, the Contracting Party shall confirm its complaint by means of the corresponding communication, which shall be made simultaneously to the International Civil Aviation Organization.

This Convention shall cease in force six months after receipt of the communication of denunciation by the other Contracting Party, unless it has been withdrawn by agreement prior to the expiration of that period. If receipt of the notification by the Contracting Party to which it was addressed is not acknowledged, it shall be understood that it has been received fourteen days after receipt by the International Civil Aviation Organization.

ARTICLE XI Upon entry into force of a Multilateral Convention on Commercial Aeronavegation which has been ratified by the two Contracting Parties, this Convention and its Annexes shall be subject to the emerging modifications of that Multilateral Convention. If only one of the Contracting Parties ratifys a Multilateral Convention sponsored by the International Civil Aviation Organization or the agency that happens to it, that Party may require the other to amend this Convention to conform to the provisions of that Convention. In the event that the Contracting Party that does not ratify the Multilateral Convention does not agree to make the modifications within sixty days of that requirement, this Convention may be denounced, with prior notice of six months.

ARTICLE XII In the event that any Contracting Party considers it appropriate to modify the routes or conditions set forth in this Convention, it may request consultation between the competent authorities of both Contracting Parties, which shall be initiated within sixty days of the date of this request. When these authorities agree on amendments or new conditions affecting this Convention, their recommendations on matters related to Annex B shall enter into force after having been confirmed by a change in diplomatic notes and on matters related to the rest of the Convention, once approved in accordance with the constitutional provisions of the respective Contracting Party.

ARTICLE XIII Both Contracting Parties shall resolve, in common agreement and on the basis of reciprocity, all matters relating to the implementation of this Convention and its Annexes, consulting, from time to time, in order to ensure the successful implementation and implementation of its principles and purposes. To do so, they should consider the traffic statistics that they undertake to carry and exchange periodically. Differences between Contracting Parties, relating to the interpretation or application of this Convention and its Annexes, which cannot be resolved through consultations, shall be submitted, upon agreement between Contracting Parties, to a consultative report or arbitral decision of the Council of the International Civil Aviation Organization or an arbitral tribunal designated by this Council, unless both Contracting Parties designate another special arbitral tribunal.

ARTICLE XIV The rights and privileges already granted by one of the Contracting Parties in favour of aerial companies of the other Contracting Party shall expire upon entry into force of this Convention.

ARTICLE XV For the purposes of the application of this Convention and its Annexes:

1.- In the case of the Argentine Republic, the Secretariats of Aeronautics and Transport, and in the case of the Republic of Chile, the Board of Civil Aeronautics, or in both cases any person or agency that is authorized to perform the functions assigned to them, is understood by "Aeronautics Autoridades Aeronautics". 2.- The term "designated aerial enterprise" shall mean any company that one of the Contracting Parties had chosen to exploit the services agreed upon in one or more of the specified routes, and in which respect a written communication would have been made to the other Contracting Party, as provided for in Article II of this Convention. 3.- The expression "trafficking needs", will mean the demand for transportation in passengers, cargo and/or mail, between the extreme points of a route between the territories of both Contracting Parties, calculated at a given time. 4.- The term "capacity of an aircraft", will mean the commercial load expressed in number of passenger seats and in weight measures for the mail and goods, offered on a service agreed upon during a given period, by all aircraft used in the operation of that service. 5.- For the purposes of the determination of frequencies, the term "transportability offered", will mean the total capabilities of aircraft used in each of the agreed services, to a reasonable load factor, multiplied by the frequency at which they operate in a given period. 6.- The term "aerial route" will mean the preset route followed by an aircraft that performs a regular service for the public transport of passengers, cargo and/or mail.

7.- Argentine Cypriot regional traffic is considered to originate from the Argentine territory and to be loaded with final destination to the Chilean territory, as well as the one that originates from the Chilean territory, and is loaded with final destination to the Argentine territory, whether it is transported by national companies from one or another country or by foreign companies.

8.- The term "regular international commercial air service" shall mean the international service performed by designated airlines, often uniform, according to pre-established schedules and routes, approved by the competent authorities of both Contracting Parties. 9.- It will be understood as "regional or local service", the international air service that links two or more points between neighbouring and contiguous countries. 10.- The term "aeroplane capacity change", means that from a certain scale of the route, the traffic is served by the same airline company with an aircraft different from that used on the same route, before that scale.

ARTICLE XVI The present Convention and its Annex "A" shall be ratified in accordance with the constitutional provisions of each Contracting Party their ratifications shall be redeemed in Buenos Aires as soon as possible and shall enter into force thirty days after this act has been carried out. Both Contracting Parties shall give effect to the provisions of this Convention, within their respective constitutional and administrative powers from the date of signature.

In faith of which, the subscribed Plenipotentiaries duly authorized by their respective Governments, sign this Convention in double copy in Castilian language, each of which will be of equal authenticity, in Santiago de Chile, on the fourteenth day of the month of December of a thousand nine hundred forty-eight.- G. Riesco Errázuriz.- Julio A. López Muñiz.- Enrique A. Ferreira.

Annex B - Annex A to the agreement on air transport between the government of the Argentine Republic and the government of Chile, signed in Santiago de Chile on 14 December 1948.

Section 1 The air transport companies of both Contracting Parties operating on the routes referred to in Annex "B" to this Convention shall enjoy just and equal opportunities for the provision of the agreed services.

Section 2 To grant the same companies the right to embark or disembark passengers, cargo and correspondence intended for/or from the territory of the other Contracting Party or third countries, without executing.

Section 3 The air transport capacity offered by air transport companies in both countries will be closely related to traffic requirements. Both Governments accept that such traffic capacity will be related and regulated: (a) In the case of the regional traffics of Chile and Argentina, with the needs of these traffics, which will be treated primarily by the provision of services of national companies of the countries between which they operate (b) In cases of traffic between the territory of one of the Contracting Parties and third countries, the privilege of taking or leaving passengers, mail and cargo between such third countries and the other Contracting Party shall be complementary to the national services of the Contracting Party and the respective country and (c) In accordance with the requirements inherent in lines operating through the territories of the Contracting Parties, the interests of services that deal with local and regional traffics are previously respected.

Section 4 Aerial companies designated by Contracting Parties shall take into account their mutual interests when they operate common routes or sections of a route, in order not to unduly affect the respective services.

Section 5 Both countries will have equal opportunities in regional trafficking.

For an initial period of six months, from the signing of this Convention, the companies designated by both Contracting Parties shall operate on the frequencies established by the Air Authorities of both Contracting Parties. The companies of one of the Contracting Parties may request authorization to increase their frequencies when they credit to the Air Authorities of the other Contracting Party, their loading factor and the traffic needs of one or more of their regional services as required. Authorized by this increase in frequencies in favour of one or the enterprises of one of the Contracting Parties, it shall be recognized, reciprocally, to the or to the companies of the other Contracting Party that also operate such services the right to equip the traffic capacity. The frequencies that, taking into account the provisions of Section 3 of this Annex, shall be fixed by the Contracting Parties for the operation of the agreed services, shall be computed separately for each of the routes specified in Annex "B".

Section 6 Subject to the provisions of this Convention, each Contracting Party may designate the route to be followed in its territory by the airlines or airlines of the other Contracting Party and the airports of entry and departure from its territory. The aircraft of both Contracting Parties shall use in the reciprocal services indicated in Annex "B" the same airports and routes.

Section 7 (a) Rates will be set at reasonable levels, taking into account all relevant factors and, in particular, the cost of exploitation, mileage, equitable utilities, fees charged by other companies and the characteristics of each service, such as speed and comfort (b) The fees to be charged by the designated airlines of each Contracting Party, between points of Argentine territory and points of Chilean territory mentioned in Annex "B", shall be equivalent. These fees, as well as the discounts and releases to be granted, shall be subject to the prior approval of the Aeronautical Authorities to enter into force. The proposed rate shall be submitted at least thirty days prior to the expected date for its validity, and this period may be reduced, in special cases, if so agreed by the aforementioned Air Authorities (c) Subject to the general forecasts of subparagraph (a) of this Section, the rates to be charged by the air companies designated by one of the Contracting Parties, which serve points on common routes, between the territory of the Contracting Party and another. For the sectors of the routes specified in Annex "B", which comprise points located within the territories of each Contracting Party and third countries, points that are not located on common routes, the rates to be applied shall be subject to the prior approval of the Aeronautical Authorities of the Contracting Party, in whose territory those points are located, following the same procedure established in paragraph (b) above (d) With the knowledge of the respective Aeronautical Authorities, the air companies designated by the Contracting Parties shall seek to agree between them the rates for passengers and cargo to be applied in the common sections of their lines. (e) In the event that companies could not agree on the rates to be fixed, the Aeronautical Authorities of both Contracting Parties shall endeavour to reach a satisfactory solution. In the latter case, it shall proceed in accordance with Article XIII of the Convention.

Section 8 Any change in the hours affecting the capacity of the service shall be approved by the Air Authorities of the Contracting Parties and shall be admitted on any scale of the established routes, when established for reasons of economy and do not prejudice the interests of the other Contracting Party. However, no change in the capacity of the service may be made in the territories of one or the other Contracting Parties when it modifies the characteristics of exploitation of a long-term service or is incompatible with the principles set forth in this Convention and its Annexes.

Section 9 The changes made by any Contracting Party on the routes designated in Annex "B", except those that alter the points served by their airlines in the territory of the other Contracting Party, shall not be considered as modifications to the Annex. However, prior notice of any change shall be given to the Air Authorities of the other Contracting Party. If the Aeronautical Authorities of the other Contracting Party consider that, in view of the principles set out in this Annex, the interests of the line or airline of their nationality shall be adversely affected by the modifications made in accordance with the first paragraph of this Section, the Aeronautical Authorities of both Contracting Parties shall be consulted in order to reach a satisfactory agreement.

Section 10 From the entry into force of the Convention, the Air Authorities of the two Contracting Parties shall communicate as quickly as possible information concerning the authorizations given to their own designated companies to exploit the agreed services or fractions of these services.

Such information should include, in particular, a copy of the agreed authorizations, of their eventual modifications and other related documents. Designated enterprises of each Contracting Party shall submit to the Air Authorities of the other Contracting Party, not less than fifteen days prior to the effective operation of their services and for the purpose of their approval, the hours, frequencies and types of aircraft to be used. For the same purpose, any further modification shall also be made.

Section 11 While the existing requirements for the admission of aliens to the territories of both Contracting Parties remain, the crew members, nationals of third countries, employed in the services granted and inscribed on the aircraft lists of both countries, shall be in possession of a passport visa by the competent authority and an identity document issued by the air transport company in which they provide their services.

Section 12 Each designated air transport company, unless otherwise provided by the competent Air Authority, may maintain its own technical and administrative personnel at the airports of the other Contracting Party. Eighty percent, at least, of the staff, must be of the nationality of the country in whose territory the airports are located. Any doubt or divergence that arises on this point will be resolved by the Air Authorities of the country to which the airports belong.-

G. Riesco Errázuriz.- Julio A. López Muñiz.- Enrique A. Ferreira.

Annex C - Annex B to the agreement on air transport signed between the Argentine Republic and the government of Chile, signed in Santiago de Chile on 14 December 1948.

1. It is agreed to the or the airlines of the Argentine Republic, which are authorized under this Convention, the traffic and commercial landing rights indicated in Annex "A", in the territory of Chile and on the following routes, in both directions. (a) Salta-Antofagasta b) Mendoza-Santiago c) Río Gallegos-Punta Arenas d) Buenos Aires-Santiago, with or without scales, with the faculty to embark on complementary traffic in Santiago with destination to points beyond Argentina: e) Buenos Aires towards points to be determined in Peru and/or beyond, with commercial scale in Antofagasta f) Bariloche and/or Esquel

2. Buenos Aires, Argentina, Argentina, Argentina, and other destinations in Argentina, are agreed to by the airline of Chile that are authorized according to this agreement, the traffic and commercial landing rights indicated in the Annex "A", in the territory of the Argentine Republic and in the following routes, in both directions: a) Antofagasta-Salta b) Santiago-Mendoza c) Punta Arenas-Río Gallegos d) Santiago-Buenos Aires, with or without complementary stops

3. Both Contracting Parties agree to recognize the right to the designated enterprises of each Contracting Party to overflew the territory of the other Contracting Party in order to unite two or more points of its territory, along the routes and with the frequencies authorized by the respective Air Authorities -

G. Riesco Errázuriz.- Julio A. López Muñiz.- Enrique A. Ferreira.