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Decree No. 3974 Of 17 October 2001

Original Language Title: Decreto nº 3.974, de 17 de Outubro de 2001

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DECREE NO 3,974, DE October 17, 2001

Promulga the Agreement between the Federative Republic of Brazil and the Government of the Republic of South Africa on Air Services between their Respective Territories and Beyond, concluded in Pretoria, on November 26, 1996.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers you the art. 84, inciso VIII, of the Constitution,

Considering that the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa celebrated, in Pretoria, on November 26, 1996, an Agreement on Air Services between their respective Territories and Beyond ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 43 of June 18, 1999 ;

Consideration that the Agreement entered into force on August 27, 2001, pursuant to its Article 22 ;

D E C R E T A:

Art. 1º The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa on Air Services between their Respective Territories and Beyond, concluded in Pretoria on November 26, 1996, apse by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º They are subject to the approval of the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of the art. 49, inciso I, of the Federal Constitution, carries charges or engraved commitments to national heritage.

Art. 3º This Decree goes into effect on the date of its publication.

Brasilia, October 17, 2001 ; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

Celso Lafer

Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa

About Air Services between their Respective Territories and Beyond

The Government of the Federative Republic of Brazil

and

The Government of the Republic of South Africa

(hereinafter referred to as "Contracting Parties") ;

Being Parties to the Convention on International Civil Aviation open to signing in Chicago, December 7, 1944 ;

Recognizing the importance of air transportation as a means of creating and preserving the friendship, understanding and cooperation between the peoples of the two countries ;

Wishing contribution to the progress of international civil aviation ;

Wishing to conclude an Agreement for the purpose of establishing air services between their respective territories and beyond ;

Woke the following:

Article 1º

Definitions

For the purposes of this Agreement, save if the context determines differently:

a) the term "aeronautical authorities" refers to the respective Ministers responsible for civil aviation or, in each case, any person or body authorized to carry out any duties exercised by the said Minister ;

(b) the term "Agreement" refers to this Agreement, its annex and any amendments to the Agreement or to the Annex ;

c) the term "Convention" refers to the Convention on International Civil Aviation, open to signature in Chicago, on December 7, 1944, and includes any Annex adopted in accordance with Article 90 of that Convention and any amendment to the Annexes to the Convention in accordance with their Articles 90 and 94, whenever such Annexes and amendments are in force for both Contracting Parties or for them have been ratified ;

d) the term "specified route" refers to one of the routes specified in the Annex to this Agreement ;

e) the term "agreed services" refers to air services on the specified routes for the transport of passengers, cargo and mail, separately or together ;

f) the terms "air service", "international air service", "aerial company" and "commercial-free scale" have the meanings assigned to them respectively in Article 96 of the Convention ;

g) the term "designated aerial company" refers to an aerial company that has been designated and authorized in accordance with Article 4 of this Agreement ;

h) the term "aircraft equipment" refers to articles, other than provisions and spare parts of a removable nature, for use on board an aircraft during the flight, including first aid and survival equipment ;

i) the term "spare parts" refers to parts for repair or replacement purposes for incorporation into an aircraft, including motors and boosters ;

j) the term "provisions" refers to articles of immediate consumption, for use or sale on board an aircraft during the flight, including supplies of commissioner ;

k) the term "aircraft exchange" refers to the operation, by an aerial company, of one of the agreed services, in such a manner that one or more sectors of the route are travelled by capacity aircraft other than those used in another sector, in accordance with Article 3 of this Agreement ;

l) the term "tariff" refers to one or more of the following cases:

i) the price charged by an airline for the carriage of passengers and their baggage in air services, and the fees and conditions applicable to ancillary services of such transport ;

ii) the freight charged by an aerial company for carrying cargo (except mail) in air services ;

iii) the conditions governing the availability or applicability of such a price or freight, including any advantages that are linked to it ; and

iv) the value of the commission paid by an airline to an agent on account of tickets sold or of the air knowledge filled by that agent for transportation in air services ;

m) the term "aeronautical tariff" refers to the price charged to air companies for the provision of airport, air navigation or aviation security facilities and services, and

n) the term "territory", in relation to a State, has the meaning assigned to it by Article 2º of the Convention.

Article 2º

Grant of Rights

1.Cada one of the Contracting Parties grants to the other, except where otherwise specified in the Annex, the following rights for the carrying out of international air transport by an air carrier designated by the other Party Contractor:

a) the right to fly over your territory without landing ;

b) the right to make scales in their territory without commercial purposes ;

c) when operating an agreed service on a specified route, the right to make scales on its territory for the purpose of embarking on and disembarking international passenger, cargo and mail traffic, separately or in conjunction ; and

d) the right to embark and disembark in the territories of third countries, at the points of the specified routes, as stipulated in the Annex, passengers, baggage, cargo and mail, separately or in conjunction, intended for or coming from points situated in the territory of the other Contracting Party.

2.Nenhuma provision in paragraph 1º shall be deemed to be granted rights to the aerial undertaking (s) of a Contracting Party from taking part in air transport between points of the territory of the other Contracting Party.

Article 3º

Aircraft Exchange

1.Cada designated aerial carrier may, in any or all flights in the services agreed upon, at its discretion, exchange of aircraft in the territory of the other Contracting Party or at any point along the specified routes, since that:

a) the aircraft used in addition to the aircraft exchange point is scheduled to coincide with the aircraft arriving or which part, as the case may be ; and

b) in the event of an aircraft exchange in the territory of the other Contracting Party and when more than one aircraft is operated beyond the point of exchange, no more than one of these aircraft may be of identical size and none may be greater than the aircraft used in the third and fourth freedoms sectors.

2.Para the purpose of aircraft exchange operations, a designated aerial company will be able to use its own equipment and, in accordance with national regulations, leased equipment, and may operate under commercial understandings with another aerial company, provided that such an airline operates regular services.

3.Uma designated aerial company will be able to use different or identical flight numbers for the sectors of its aircraft exchange operations in accordance with national regulations.

Article 4º

Assignment and Authorization

1. Each Contracting Party shall have the right to designate, through diplomatic channels, to the other Contracting Party, one or more aerial undertakings, to operate air services on the routes specified in the Annex, to withdraw any such assignments or to replace an air company previously designated by another aerial company.

2. Upon receiving such notification, each Contracting Party shall, without delay, grant to the aerial company in that manner designated by the other Contracting Party, the appropriate operation authorization, in accordance with the terms of this Article.

3. Upon receiving the operation permit as provided for in paragraph 2, the designated aerial company may at any time begin operating, in part or in whole, the services agreed upon, provided that such an operation complies with the provisions of this Agreement and that the tariffs for such services have been established in accordance with the provisions of Article 8º of this Agreement.

4.Para the purposes of granting the appropriate operation authorization in accordance with paragraph 2º, the aeronautical authorities of a Contracting Party may require from an air carrier designated by the other Contracting Party that it proves be empowered to meet the conditions required by the laws and regulations normally applied to the operation of international air services by such authorities, in accordance with the terms of the Convention.

5.Cada Contracting Party shall have the right to refuse to grant the authorization of operation referred to in paragraph 2º, or to grant this authorization in accordance with the conditions it believes necessary for the financial year, by a company aerial designated, of the rights specified in Article 2º of this Agreement, in case it is not satisfied that the substantial ownership and effective control of the aerial undertaking shall be fit to the Contracting Party that designated it or nationals thereof, or both.

Article 5º

Revocation or Operation Authorization Hold

1. The aeronautical authorities of each Contracting Party shall have the right to revoke an authorization of operation or to suspend the exercise of the rights granted in this Agreement to an air company designated by the other Contracting Party, or to impose the conditions that are deemed necessary for the exercise of such rights:

a) in the event that such an airline will cease to comply with the laws and regulations of that Contracting Party ;

(b) in the event that those authorities are not convinced that the substantial ownership and effective control of the airline cabin to the Contracting Party that designated it or nationals thereof ; and

c) in the event that such an airline will cease to operate in accordance with the conditions prescribed in this Agreement.

2. Unless an immediate action is essential to prevent other violations of the above laws and regulations, the rights listed in paragraph 1º shall be exercised only after consultations with the aviation authorities of the other Party shall be exercised. Contractor.

Article 6º

Commercial Activities

1. The designated aerial undertakings of both Contracting Parties shall be authorised to establish, in the territory of the other Contracting Party, offices for the promotion of air transport and for the sale of air tickets, as well as other facilities necessary for the operation of the agreed services.

2. The designated aerial company and a Contracting Party shall be authorised to introduce and maintain in the territory of the other Contracting Party its official, commercial, operational and technical personnel necessary for the operation of the agreed services.

3. This need for staff may, at the discretion of the designated aerial company, be satisfied by their own personnel or by the use of the services of any other organization, company or aerial undertaking in operation in the territory of the other Party Contractor and authorised to carry out such services on the territory of that Contracting Party.

4. Each of the Contracting Parties hereby grants to the designated aerial undertaking of the other Contracting Party the right to participate directly in the sale of air transport on its territory and, at the discretion of the airline, by means of its agents. Each designated aerial company shall have the right to commercialize such transport and any person shall be free to acquire it in any currency of that country or in freely convertible currencies of the other country.

5. The above activities will be carried out in accordance with the laws and regulations of the other Contracting Party.

Article 7º

Principles that Regulate the Operation of Agreed Services

1. The designated aerial undertakings of the two Contracting Parties shall be provided fair and equitable treatment in order to be able to enjoy equal opportunities for operation of the agreed services. Each Contracting Party shall take all appropriate measures within its jurisdiction to eliminate all forms of disloyal competitive discrimination or practices that adversely affect the competitive position of the other Party's airlines Contractor.

2. The agreed services provided by the designated air companies of the Contracting Parties should be closely related to the needs of the public by transport on the specified routes, as stipulated in the Annex, and will have as basic objective the provision, to a reasonable utilization coefficient, of adequate capacity to meet current and reasonably foreseeable needs for the transport of passengers and cargo, including mail, from or intended for the territory of the Contracting Party that has designated the aerial company. The provision for the carriage of passengers and cargo, including mail, shipped and disembarked on points on specified routes other than in the territory of the Contracting Party which designated the airline, shall be determined in accordance with the general principles according to which the capacity is related to:

a) the transportation needs of and for the territory of the Contracting Party that has designated the airline ;

(b) the transportation needs of the region through which they pass the agreed services, taking into account local and regional air services ; and

c) the requirements for operation of the long-haul services.

3. The capacity to be provided on the specified routes will be to be determined, from time to time, by the Contracting Parties together.

Article 8º

Tariffs

1. The tariffs to be applied for transportation in the services agreed between the territories of the Contracting Parties shall be established at reasonable levels, taking into consideration all relevant factors, including the interests of the users, the operational cost, reasonable profit, characteristics of the services and, where appropriate, the fees charged by other aerial companies operating in full or in part on the same route.

2. The tariffs mentioned in paragraph 1º shall be agreed, if possible, between the airlines of the Contracting Parties, by means of the use of the procedures of the International Air Transport Association for the calculation of the tariffs. Unless otherwise determined in the application of paragraph 4º, each designated aerial company shall be liable only to its aeronautical authorities by the justifications and the reasonable character of the tariffs thus agreed upon.

3. The tariffs thus agreed upon shall be submitted to the approval of the aeronautical authorities of the Contracting Parties at least 60 (sixty) days before the proposed date for their introduction. In special cases, this deadline may be reduced, with the agreement of the said authorities. When receiving the proposed tariffs, the aeronautical authorities will examine such tariffs without unwarranted delay. No fee shall enter into force if the aeronautical authorities of any of the Contracting Parties are at odds with it. The aeronautical authorities will be able to communicate to the other aeronautical authorities the postponement of the proposed date of introduction of a tariff.

4. If a tariff cannot be established in accordance with the provisions of paragraph 2º, or if, in the period provided for in paragraph 3º, a notification of disagreement has been given, the aeronautical authorities of the Contracting Parties shall endeavour to to set the common tariff rate. Consultations between the aeronautical authorities will be carried out in accordance with Article 17 of this Agreement.

5. Should the aviation authorities fail to reach an agreement in relation to a tariff that has been proposed to them under paragraph 3º, or on the fixing of any tariff under paragraph 4º, the controversy will be resolved accordingly with the provisions of Article 18 of this Agreement.

6. No fee shall enter into force if the aeronautical authorities of any of the Contracting Parties are at odds with the same, except under the conditions laid down in paragraph 5º of Article 18 of this Agreement. Where the tariffs have been established in accordance with the provisions of this Article, they shall remain in force until further tariffs are laid down in accordance with the provisions of this Article or Article 18 of this Agreement.

7. If the aeronautical authorities of one of the Contracting Parties come to disagree with a fixed tariff, they should notify the aviation authorities of the other Contracting Party, and designated aerial companies will seek, when necessary, to arrive at a understanding. If within 90 (ninety) days, after the date of receipt of such notification, no new tariff can be fixed in accordance with the provisions of paragraphs 2º and 3º, the procedures stated in paragraphs 4º and 5º shall apply.

8. The aeronautical authorities of both Contracting Parties shall endeavour to ensure that:

a) the fees charged and received correspond to the tariffs accepted by both the aeronautical authorities ; and

b) no aviation company conceals abatement on such tariffs by any means.

Article 9º

Times

1. The aerial company designated by each Contracting Party shall submit to the aviation authorities of the other Contracting Party, for approval, in advance of 60 (sixty) days, the schedules of their intended services, specifying the frequency, the type of aircraft, the configuration and the number of seats to be offered to the public.

2. Any subsequent changes in the approved schedules of a designated aerial company shall be submitted to the approval of the aviation authorities of the other Contracting Party.

Article 10

Information provision

The aeronautical authorities of each Contracting Party shall provide the aeronautical authorities of the other Contracting Party at the request of these, information relating to the transported traffic, in the agreed services, by the respective (s) designated aerial company (s) of those. Such information will include statistics and all other data necessary for the determination of the volume of traffic carried by those airlines in the agreed services.

Article 11

Tax Exemption, Customs Rights and Chargees

1. The aircraft used in the international air services by the aerial company (s) designated by any of the Contracting Parties, as well as their normal equipment, spare parts, fuel supplies and lubricants, aircraft provisions (including food, beverages and tobacco) on board and advertising and promotion material held on board such aircraft will be exempt from all customs duties, inspection fees and similar duties or charges, of local or national character, upon arrival in the territory of the other Contracting Party, provided that such equipment and supplies remain on board the aircraft until the time they are re-exported.

2. In relation to normal equipment, spare parts, fuel supplies and lubricants and aircraft provisions introduced in the territory of a Contracting Party by a designated air carrier of the other Contracting Party or in its name, or posts on board the aircraft used by that designated aerial company and intended only for the use on board of the aircraft while operating international services, no duty or charge, including customs or inspection fee in force on the territory of the first Contracting Party, shall be applied, even when such supplies are intended to be used in the excerpts of the journey carried out on the territory of the Contracting Party in which they are placed on board. The above-mentioned articles may be subject to being under customs control and supervision.

3. The provisions of paragraph 2º shall not be construed in such a manner that a Contracting Party shall be obliged to refund customs duties which have already been applied to the items listed above.

4. Normal on-board equipment, spare parts, fuel supplies and lubricants and provisions of the aircraft kept on board the aircraft of any of the Contracting Parties may only be unloaded on the territory of the other Party Contractor with the approval of the customs authorities of that Contracting Party, which may require these materials to be placed under their supervision until the time they are re-exported or if they give them another destination, in accordance with with the customs regulations.

5. Passengers, baggage and cargo, in direct transit through the territory of a Contracting Party and that do not leave the area reserved at the airport for that purpose will be, at most, subjected to very simplified control. Baggage and cargo in direct transit will be exempt from duties and taxes, including customs duties.

Article 12

Aeronautical Tariffs

1. A Contracting Party will neither charge nor allow them to be charged to the designated aerial company of the other Contracting Party higher aeronautical tariffs than those charged to their own airlines operating international air services similar.

2. Each Contracting Party shall encourage the conduct of consultations on aeronautical tariffs between the competent collection authorities and the airlines using the services and facilities provided by those authorities, when enforcable, through the representative organizations of those aerial companies. Any proposed change in aeronautical tariffs will be communicated to users, reasonably in advance, to enable them to express their views before the changes are made. In addition, each Contracting Party will stimulate its competent collection authorities and users to exchange appropriate information on aeronautical tariffs.

Article 13

Conversion and Ship of Revenue

1.As designated aerial undertakings of the Contracting Arts shall have the freedom to transfer, from the territory of sale to their own territory, the surplus of the revenue on the expenditure, obtained on the territory of the sale. Included in such a net transfer will be revenue from sales, carried out directly or through air transport service agents, and ancillary or supplementary services, and commercial interest normally obtained on such recipes, while deposited awaiting transfer.

2.As designated air companies of the Contracting Parties shall receive immediate approval for such a transfer, in a freely convertible currency, at the official exchange rate applied to the conversion of the local currency. Such transfers shall be made at the exchange rate established in accordance with the respective applicable national laws and regulations governing current payments, but where there is no official exchange rate, such transfers shall be carried out at the exchange rate practiced in the foreign exchange market for current payments.

3.As designated aerial undertakings of the Contracting Parties shall have the freedom to realize the transfer after receiving the approval referred to in paragraph 2º.

Article 14

Application of Laws, Regulations and Procedures

1.As laws, regulations and procedures of any of the Contracting Parties concerning the entry into their territory or exit of the same of aircraft used in international air services, or the operation and navigation of such aircraft, shall be complied with by the designated aerial undertaking (s) of the other Contracting Party at the entrance, during their stay and in the exit of the said territory.

2.As laws, regulations and procedures of any of the Contracting Parties concerning immigration, passports or other authorized travel documents, entry control, customs and quarantine will be complied with by, or in representation, of crews, passengers, cargo and mail carried by the aircraft of the designated aerial carrier of the other Contracting Party in their entry, during the stay and exit of the territory of the said Contracting Party.

3.Os passengers, baggage and cargo in direct transit through the territory of any of the Contracting Parties and do not leave the airport area for this reserved, will be submitted nothing more than a simplified control, except in relation to security measures against violence and aerial piracy.

4.Nenhuma of the Contracting Parties shall give preferential treatment to any other aerial undertaking at the expense of a designated aerial undertaking of the other Contracting Party, in the implementation of its regulations relating to customs, immigration, quarantine or others, nor in relation to the use of airports, routes and air traffic services and related facilities under their control.

Article 15

Recognition of Certificates and Licenses

1.Os airworthiness certificates, habilitation certificates and licences, issued or validated by a Contracting Party and in force, shall be recognized as valid by the other Contracting Party for the purposes of operation of the services agreed on the specified routes, provided that such certificates or licences are issued or validated in accordance with standards set by the Convention.

2.Cada Contracting Party, however, reserves the right to refuse to accept, for overflight of its own territory, certificates of habilitation and licences granted to its own nationals by the other Contracting Party or by third state.

Article 16

Aviation Safety

1.Em compliance with its rights and obligations under International Law, the Contracting Parties reaffirm that their mutual obligation to protect the safety of civil aviation against acts of unlawful interference constitutes part integral to this Agreement. Without limiting the generality of their rights and obligations under International Law, the Contracting Parties shall, in particular, act in accordance with the provisions of the Convention Relative to the Infractions and the Certain Other Acts Committed to Border of Aircraft, signed in Tokyo on September 14, 1963, of the Convention for the Repression to Unlawful Power of Aircraft, signed in The Hague on December 16, 1970 and of the Convention for the Repression of Unlawful Acts against Aviation Safety Civil, signed in Montreal on September 23, 1971.

2.As Contracting Parties shall, upon request, provide all mutual assistance necessary for the prevention of acts of illicit rotting 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 safety of civil aviation.

3.As Contracting Parties shall act, in their mutual relations, in accordance with the provisions on aviation security established by the International Civil Aviation Organization and deemed to be annexed to the Convention, to the extent to whereas such provisions on security shall apply to the Contracting Parties ; these shall require aircraft operators who have been registered by them or operators of aircraft having the head office of their business or their residence permanent within its territory and airport operators located on its territory act in accordance with the said provisions on aviation safety.

4.Cada Contracting Party agrees that such aircraft operators may be required to comply with the provisions on aviation safety mentioned in paragraph 3º above and required by the other Contracting Party for entry, exit or during the stay in the territory of that other Contracting Party. Each Contracting Party shall ensure that appropriate measures are effectively implemented on its territory to protect aircraft and inspect passengers, crew, hand luggage, baggage, cargo and on board provisions, before and during boarding or loading. Each Contracting Party will examine, also, with interest, all requests by the other Contracting Party to adopt special and reasonable security measures to address a specific threat.

5.Quando an incident or threat of incident of illicit rotting of civilian aircraft or other unlawful acts against the safety of such aircraft, its passengers and crew, airports or air navigation facilities, the Contracting Parties shall assist in facilitating communications and other appropriate measures designed to bring such an incident or threat to an end promptly and safely.

6.Caso one of the Contracting Parties shall cease to comply with the provisions on aviation safety set out in this Article, the aeronautical authorities of the other Contracting Party may apply for immediate consultations with the authorities aeronautical of that Contracting Party in accordance with Article 17 of this Agreement. The failure to achieve a satisfactory agreement within 60 (sixty) days could constitute grounds for the application of Article 18 of this Agreement.

Article 17

Queries and Emends

1.Num spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult each other periodically, with the aim of ensuring the implementation and satisfactory fulfilment of the provisions of this Agreement, and consult each other, when necessary, to make modifications to it.

2.Qualquer of the Contracting Parties may request consultations, which shall begin within 60 (sixty) days after the date of receipt of such solicitation, unless both Contracting Parties agree to an increase or reduction of such deadline. Such queries can be made verbally or in writing.

3.Qualquer amendment or modification to this Agreement agreed upon by the Contracting Parties shall be effected by Exchange of Notes and shall be pending compliance with the legal procedures required nationally.

4.Qualquer amendment or modification to the Annex to this Agreement shall be agreed in writing between the aeronautical authorities and shall enter into force on date to be fixed by the aeronautical authorities, provided that all formal communications are to be made through the diplomatic channels.

Article 18

Controlversion Solution

1.Se any controversy arises between the Contracting Parties, concerning the interpretation or application of this Agreement, the Contracting Parties shall firstly engage in resolving it by means of negotiations between each other.

2.Caso the Contracting Parties are unable to reach a solution through negotiations, the controversy may, at the request of either Contracting Party, be submitted to the decision of a tribunal composed of three referees (henceforth designated Tribunal), one appointed by each of the Contracting Parties and the third party to be designated by common agreement by the two arbitrators thus chosen, provided that this third arbitrator is not a national of any of the Contracting Parties. Each of the Contracting Parties shall appoint an arbitrator within 60 (sixty) days from the date of receipt, by any of the Contracting Parties, of a diplomatic note from the other Contracting Party requesting the arbitration of the controversy, and the third arbitrator shall be chosen within a subsequent period of 60 (sixty) days, or, if the third arbitrator is unable to be the subject of agreement within the prescribed period, either Contracting Party may apply to the President of the Council of the Organization of International Civil Aviation the appointment of one or more referees, provided that the President is not a national of any of the Contracting Parties, in whose hypothesis the application will be directed to the Vice-President of the Council of the Organization of International Civil Aviation not incited in the same impediment.

3.O Tribunal shall establish its own procedure and the limits of its jurisdiction in accordance with this Agreement.

4.Conforme the final decision of the Tribunal, the Contracting Parties shall, in equal parts, bear the provisional costs of arbitration.

5.Cada one of the Contracting Parties, in accordance with its national legislation, shall give full effectiveness to any provisional decision and judgment of the Tribunal.

6.Se, during the period in which, one of the Contracting Parties no longer has to comply with a decision of the Tribunal pronounced in accordance with this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges which have been granted by virtue of this Agreement to the Contracting Party defaulting. These measures shall be subject to the national laws of each of the Contracting Parties.

Article 19

Denunciation of the Agreement

Any of the Contracting Parties may, at any time after the entry into force of this Agreement, notify the other Contracting Party, in writing, through the diplomatic channels, of its intention to denounce this Agreement. This notification will be made, simultaneously, to the International Civil Aviation Organization. In this case, the Agreement shall expire 12 (twelve) months after the date of receipt of the notification by the other Contracting Party, unless the notification of denunciation is withdrawn, by common agreement, before the end of that time limit. In the absence of confirmation of receipt by the other Contracting Party, such notification will be deemed to be received 14 (fourteen) days after its receipt by the International Civil Aviation Organization.

Article 20

Registration of the Agreement and its Emendas

This Agreement and any subsequent amendments to the Agreement shall be registered in the International Civil Aviation Organization by the Contracting Parties.

Article 21

Applicability of Multilateral Conventions and Agreements

1.As provisions of this Agreement shall be subject to the provisions of the Convention.

2.Se a multilateral convention / agreement accepted by both Contracting Parties and relating to any matter included in this Agreement, shall enter into force, the relevant provisions of that Convention / Agreement shall replace the relevant provisions of this Agreement.

Article 22

Input in Vigor

This Agreement shall enter into force once the Contracting Parties have notified each other, through diplomatic channels, of compliance with the constitutional requirements necessary for the implementation of this Agreement. The date of entry into force will be that of the last notification.

In testimony to what, the undersigned, duly authorized by their respective Governments, sign the present Agreement.

Done in Pretoria on November 26, 1996, in two original copies, in the Portuguese and English languages, both of which are equally authentic texts.

By the Government of the Federative Republic of Brazil

Luiz Felipe Lampreia

Minister of State for Foreign Affairs

By the Government of the Republic of South Africa

Alfred Nzo

Minister for Foreign Affairs

(ANNEX)