Decree No. 3465, 17 May 2000

Original Language Title: Decreto nº 3.465, de 17 de Maio de 2000

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Decree 3465 of MAY 17, 2000.
Promulgates the agreement on air services between the Government of the Federative Republic of Brazil and the Government of the Republic of Cuba, in Havana, on 27 May 1998.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, item VIII of the Constitution, whereas the Government of the Federative Republic of Brazil and the Government of the Republic of Cuba signed in Havana on 27 May 1998, an agreement on air services;
Whereas the National Congress approved this Agreement through the Legislature Certainly paragraph 68, of 25 August 1999;
Whereas the agreement entered into force on 21 April 2000, pursuant to paragraph (I) of his art. 20;
DECREES: Art. 1 the agreement on air services between the Government of the Federative Republic of Brazil and the Government of the Republic of Cuba, in Havana, on 27 May 1998, attached a copy to this Decree, shall be executed and delivered as fully as it contains.
Art. 2 Are subject to the approval of the National Congress any acts amending the agreement, as well as any additional adjustments, pursuant to art. 49, item I, of the Constitution, result in charges or demanding commitments to national heritage.
Art. 3 this Decree shall enter into force on the date of its publication.
Brasília, 17 May 2000; 179 of independence and 112 of the Republic.
FERNANDO HENRIQUE CARDOSO Luiz Felipe Lamprey agreement on air services between the Government of the Federative Republic of Brazil and the Government of the Republic of Cuba, the Government of the Federative Republic of Brazil and the Government of the Republic of Cuba (hereinafter referred to as? Contracting Parties?).
Being parties to the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944 day;
Desiring to contribute to the development of international civil aviation;
Desiring to conclude an agreement with the purpose of establishing air services between and beyond their respective territories, agree as follows: article 1 definitions for the purposes of this agreement, unless the context requires otherwise: a) the term? aeronautical authorities? means, in the case of the Federative Republic of Brazil, the Minister of Aeronautics, and, in the case of the Republic of Cuba, the Chairman of the Civil Aeronautics Institute of Cuba, or, in both cases, any person or body authorized to perform any functions at present exercised by the above-mentioned authorities;
(b)) the term? Agreement? means this agreement, its annex, and any amendments to the agreement or the Annex;
(c)) the term? services up? mean air services on the routes specified for the transport of passengers, cargo and post, separately or in combination;
(d)) the terms?, air services international air services, airline? and non-commercial scale?? have the meanings respectively assigned to them in article 96 of the Convention;
and) the term? Convention? means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944 day, and includes any Annex adopted under article 90 of that Convention and any amendment to the annexes to the Convention or, in accordance with articles 90 and 94 in so far as those Annexes and amendments have entered into force for both Contracting Parties;
f) the term? designated airline? means an airline which has been designated and authorized in accordance with article 3 of this agreement;
g)? route specified? means one of the routes specified in the Annex and this agreement;
h) term? fare? includes any of the following: I) the passenger fare charged by a carrier for the carriage of passengers, with their baggage on air services and the rates and conditions applicable to related services to such transport;
II) the freight charged by a carrier for the carriage of cargo (except post) air services;
III) the conditions governing the availability or applicability of such passenger or freight rate, including any benefits linked to the fare of passengers or freight;
IV) the value of the Commission pays for an airline to an agent concerning tickets sold or air knowledge filled by that agent for transportation on air services;
I) the term? territory?, in relation to a State, means the land extension, the adjacent territorial waters and inland, and the airspace above those areas under the sovereignty of that State;
j) the term? aeronautical fare? means the payment to be made by the airlines for the provision of airport facilities and services, air navigation, and aviation security.
Article 2 grant of Rights 1. Each contracting party grants to the other Contracting Party the following rights specified in this Agreement, with the purpose of operating international air services on a route specified. While operating an agreed service on a specified route, the designated airlines of the Contracting Parties shall enjoy: a) the right to fly across the territory of the other Contracting Party;
(b)) of the right to land in that territory, for non-commercial purposes;
c) the right to embark and disembark in the said territory, in the points in the specified routes, passengers, baggage, cargo and post, separately or in combination, intended to or from points in the territory of the other Contracting Party;
d) the right of embarking and disembarking in the territories of third countries, in the points in the specified routes, passengers, baggage, cargo and mail, separately or in combination, intended to or from points in the territory of the other Contracting Party, as provided in Annex.
2. Neither paragraph 1 of this article's device will be considered as granting to a designated airline of one Contracting Party the right to land in the territory of the other Contracting Party, passengers, baggage, cargo and mail transported hardly upon payment or retribution for another point in the territory of that Contracting Party.
Article 3 Designation and authorization 1. Each Contracting Party shall have the right to designate, by diplomatic note addressed to the other Contracting Party, a company or airline companies to operate the agreed services.
2. Upon receiving the notification of the designation, the aeronautical authorities of either Contracting Party, in accordance with its laws and regulations, shall, without delay, to the company or airlines designated by the other Contracting Party, the necessary permits the operation of the agreed services.
3. Each Contracting Party shall have the right to refuse to grant the authorisations referred to in paragraph 2 of this article or to grant these permits under conditions considered necessary to the exercise, by a company or airlines designated, of the rights specified in article 2 of this agreement, in case you're not convinced that a substantial part of the ownership and effective control of that company or companies belonging to the contractor (s) appointed or its nationals, or both.
4. The aeronautical authorities of one Contracting Party may require that the company or airlines designated by the other Contracting Party show (m) that are empowered to meet the conditions laid down in accordance with the laws and the normal regulations and reasonably applied to the operation of international air services by such authorities.
5. When an airline has been designated and authorized, it can start the operation of the agreed services, provided that they comply with the applicable devices of this agreement.
Article 4 revocation or suspension of Authorisation 1. The aeronautical authorities of each Contracting Party shall have the right to revoke or suspend any authorization for the exercise of the rights specified in article 2 of this agreement, by an airline designated by the other Contracting Party, or to impose conditions that are considered necessary for the exercise of these rights: a) if such airline ceases to comply with the laws and regulations of that Contracting Party;
b) if those authorities are not convinced that a substantial part of the ownership and effective control of the airline belong to the designated Contracting Party or its nationals, or both; and c) if the company or let Airlines (m) to operate in accordance with the conditions laid down in this Agreement.
2. Unless immediate revocation or essential suspension of authorisation referred to in paragraph 1 of this article or the imposition of conditions to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.
Article 5 application of Laws and regulations 1. The laws and regulations of a Contracting Party concerning the entry, residence or exit from its territory of aircraft engaged in international air services or to the operation and navigation of such aircraft while in its territory, shall be applied to the company's aircraft or airlines designated by the other Contracting Party, without distinction as to nationality, and shall be complied with by such aircraft at the entrance off or during their stay in the territory of the first Contracting Party.

2. The laws and regulations of a Contracting Party concerning the entry, residence or exit from its territory of passengers, crew, cargo and post, such as regulations relating to entry, clearance, immigration, passports, customs and quarantine, will be fulfilled by the company or airlines designated by the other Contracting Party, or carried out on behalf of such passengers and crew , and will be applied to cargo and post at the entrance, in the output or during their stay in the territory of the first Contracting Party.
3. In the application of the laws and regulations referred to in this article to the company or designated airlines of the other Contracting Party, a Contracting Party shall not give more favourable treatment to your own company or airline companies.
Article 6 recognition of certificates and licenses certificates of airworthiness, certificates and licenses, issued or convalidados by a Contracting Party, and still in force, shall be recognized as valid by the other Contracting Party for the purposes of operation of the agreed services on the specified routes, provided that such certificates or licences issued or convalidados by and in accordance with the standards set in accordance with the Convention. Each Contracting Party, however, reserves the right to refuse recognition to flyby in its own territory, certificates and licences granted to its own nationals by the other Contracting Party.
Article 7 Aviation Security 1. In accordance with its rights and obligations under international law, the Contracting Parties reaffirm that their obligation of mutual safeguard civil aviation against acts of unlawful interference forms an integral part of this agreement. The Contracting Parties shall lay down the mutual obligation to cooperate to protect the security of civil aviation and the services specified in this agreement.
2. The Contracting Parties shall provide upon request all necessary assistance to the prevention of illicit acts of empowerment 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 security of civil aviation.
3. The Contracting Parties shall, in their mutual relations, according to the aviation security provisions established by the International Civil Aviation Organization and, to the extent that such security provisions are applicable to the parties; shall require that operators of aircraft they enrolled, operators of aircraft who have their principal business headquarters or permanent residence in its territory, and the operators of airports in their territory Act in conformity with such aviation security provisions.
4. Each Contracting Party agrees to require such aircraft operators observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry, exit or staying in the territory of this Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, baggage, luggage, cargo and ship's stores prior to and during boarding or loading. Each Contracting Party shall, too, so, any request from the other Contracting Party, to adopt special measures and reasonable safety to combat a specific threat.
5. In the event of an incident or threat of an incident of unlawful empowerment of civil aircraft or other unlawful acts against the safety of such aircraft, of their passengers and crew, airports or air navigation facilities, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat,.
Article 8 exemption from duties and taxes 1. Each Contracting Party shall, on the basis of reciprocity, the undertaking (s) designated airline (s) of the other Contracting Party, to the greatest possible extent, in accordance with its national legislation, import restrictions, customs duties, taxes, inspection fees and other duties and charges on domestic aircraft, fuel, lubricating oils, technical supplies, parts and spares, including engines, common equipment of aircraft, aircraft (including drinks , smoke and other products intended for sale to passengers, in limited quantities, during the flight) and other items intended for use or used only in connection with the operation or service of the aircraft of the undertaking (s) designated airline (s) of the other Contracting Party to operate the agreed services, as well as on stocks of printed tickets, air knowledge, any printed material to take recorded the insignia of the undertaking (s) and joint advertising material distributed without charge for the undertaking (s) designated airline (s).
2. Exemptions granted under this article shall be applied to the items mentioned in paragraph 1 of this article: a) introduced into the territory of a Contracting Party by or on behalf of or by the undertaking (s) designated airline (s) of the other Contracting Party;
b) retained on board the aircraft (s) of the undertaking (s) designated airline (s) of one Contracting Party, since out of the territory of the other Contracting Party;
c) introduced on board aircraft of the undertaking (s) designated airline (s) of one Contracting Party in the territory of the other Contracting Party and intended for use in the operation of the agreed services;
whether or not such items used or consumed entirely in the territory of the Contracting Party which granted the exemption, provided that such items are not sold and/or sold in the territory of that Contracting Party.
3. The normal equipment of aircraft, as well as the materials and supplies normally retained on board the aircraft of the undertaking (s) (s) (s) either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the Customs authorities of that territory. In such a case, may be placed under the supervision of the mentioned authorities, until they are re-exported or disposed of in accordance with customs regulations.
4. Passengers, baggage and cargo in direct transit across the territory of one Contracting Party, and who do not leave the area of the airport reserved for such purpose, shall be at most a very simplified control. Baggage and cargo in direct transit shall be exempt from duties and taxes, including customs duties.
Article 9 operation of the Agreed Services 1. There will be a fair and equal opportunity for the designated airlines of the Parties contained in operating the agreed services on the specified routes.
2. In the operation of the agreed services, the undertaking (s) designated airline (s) of each Contracting Party shall take into account the interests of the undertaking (s) designated airline (s) of the other Contracting Party, in order not to affect unduly the services provided by (s) last (s) all or part of the same routes.
3. The agreed services provided by the designated airlines of the Contracting Parties will have features like a strict relationship with the needs of the public for carrying on routes specified and will have as primary objective the provision, reasonable levels of exploitation, of adequate capacity to meet the current and reasonably foreseeable needs for transportation of passengers and freight, including post from or destined for the territory of the Contracting Party which has designated the undertaking (s) (s). The provision for the carriage of passengers and cargo, including post, shipped and landed in other posts on specific routes not in the territory of the Contracting Party that has appointed the undertaking (s) (s), shall be determined in accordance with the General principles that capacity shall be related to: a) the demand for traffic to and from the territory of the Contracting Party which has designated the undertaking (s) (s);
b) traffic demand in the region through which passes the service agreed, taking into account other services established by airlines of the States included in that region; and (c)) the requirements of the economy operation of the undertaking (s) (s).
4. The capacity to be provided on the specified routes shall be whichever is determined from time to time, jointly by the Contracting Parties.
Article 10 Tariffs 1. The tariffs to be applied to transport in the services agreed between the territories of the Contracting Parties shall be established at reasonable levels, taking into account all the relevant factors, including the interest of users, cost of operation, reasonable profit, characteristics of service and, where appropriate, the rates charged by other airlines that operate in all or part of the same route.
2. the tariffs referred to in paragraph 1 of this article shall be agreed if possible, between the designated airlines of the Contracting Parties. Unless otherwise noted in the implementation of the determination paragraph 4 of this article, each designated airline shall be responsible only before its aeronautical authorities for the justification and the reasonable character of the rates as such agreed.

3. the tariffs so agreed shall be submitted to the aeronautical authorities of the Contracting Parties for approval, at least 60 (60) days before the proposed date for its introduction. In special cases, this time limit may be reduced, subject to the agreement of the mentioned authorities. To receive the presentation of fares, aviation authorities consider such rates without delay is not justified. No tariff shall come into force if the aeronautical authorities of either Contracting Party does not agree with her. The aeronautical authorities may notify the other aeronautical authorities to extend the date of introduction of a tariff proposal.
4. If a tariff cannot be fixed in accordance with the provisions of paragraph 2 of this article or if, in the period laid down in paragraph 3 of this article, a notice of disagreement has been given, the aeronautical authorities of the Contracting Parties will strive to secure the tariff by mutual agreement. Consultations between aviation authorities will be carried out in accordance with article 14 of this agreement.
5. If the aeronautical authorities cannot reach an understanding about the fare they have been subjected, in accordance with paragraph 3 of this article, or the setting of any tariff, in accordance with paragraph 4 of this article, the dispute will be resolved in accordance with the provisions of article 17 of this agreement.
6. the fare shall apply if) any aeronautical authorities of either Contracting Party is at odds with the same, except under the provisions of article 17 of this agreement.
(b)) When the fees have been established in accordance with the provisions of this article, these tariffs will remain in force until new tariffs are established in accordance with the provisions of this article or article 17 of this agreement.
7. If the aeronautical authorities of either Contracting Party are not in accordance with a fixed rate, the aeronautical authorities of the other Contracting Party shall be notified and designated carriers will seek, if necessary, to reach an understanding. If, within a period of 90 (90) days from the date of receipt of the notification, a new tariff cannot be fixed in accordance with the provisions laid down in paragraphs 2 and 3 of this article, the procedures indicated in paragraphs 4 and 5 of this article shall be applied.
8. The aeronautical authorities of both Contracting Parties will strive to ensure that: a) the tariffs charged and received correspond to the rates agreed by both aeronautical authorities; and (b)) no airline grant rebate on such tariffs.
Article 11 business activities 1. The undertaking (s) designated airline (s) of a Contracting Party may, in accordance with the laws and regulations of the other Contracting Party concerning the entry, residence and employment, to bring and maintain in the territory of the other contracting party executive personnel, sales, technical, operational and other specialists necessary for the operation of the agreed services.
2. In particular, each Contracting Party shall grant to the undertaking (s) designated airline (s) of the other Contracting Party the right to commercialize the air transportation in its territory directly and, at the discretion of the undertaking (s) (s), through its agents. Each area shall have the right to sell such transportation, and any person shall be free to purchase it, subject to national laws and regulations, freely convertible currencies.
Article 12 Convention and remittance of Revenue 1. The undertaking (s) (s) of one Contracting Party shall have the right to convert and remit to its country, local revenue surpluses on request to local sums disbursed.
2. The conversion and remittance of such revenues are allowed without restrictions, the exchange rate applicable to these transactions and which is in force at the time when such revenues are presented for conversion and remittance, and will not be subject to any charges except those normally charged by banks in performing such conversions and remittances.
Article 13 1 Aviation Rates. A Contracting Party shall not charge or allow it to be charged of the undertaking (s) designated airline (s) of the other Contracting Party aeronautical charges higher than those charged to their own airlines operating similar international air services.
2. Each Contracting Party shall encourage consultations on aviation rates between their competent authorities and the airlines using the services and facilities provided by those authorities, when feasible, through the organisations representing the airlines. Amendments in aeronautical charges should be communicated to such users with reasonable notice, to allow them to express their views before changes are made. Each Contracting Party shall, in addition, encourage their competent authorities and users to exchange information relating to aeronautical taifas.
Article 14 Consultations 1. In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consultations among themselves, periodically, in order to ensure satisfactory implementation and compliance with the provisions of this agreement or to discuss any issues related to this.
2. Such consultations will begin within a period of 60 (60) days from the date of receipt of such request, unless agreed differently by the Contracting Parties.
Article 15 Amendments 1. Any amendment or modification of this agreement, established by the Contracting Parties, it shall enter into force on a date to be determined by an exchange of diplomatic notes indicating that all internal procedures have been completed by both Contracting Parties.
2. Any amendment or modification of the Annex to this Agreement shall be settled between the aeronautical authorities and shall enter into force when confirmed by an exchange of diplomatic notes.
Article 16 Multilateral Convention If a general multilateral Aviation Convention enters into force in respect of both Contracting Parties, shall control the devices of such Convention. Consultations pursuant to article 14 of this agreement, may be maintained in order to determine the degree to which that agreement is affected by the provisions of the multilateral Convention.
Article 17 settlement of disputes Any dispute related to the interpretation or application of this agreement or its annex shall be resolved by direct negotiations between the aeronautical authorities of both Contracting Parties. If the aeronautical authorities cannot reach an agreement, the dispute shall be resolved through diplomatic channels.
Article 18 Termination either Contracting Party may, at any time after the entry into force of this agreement, notify the other party, in writing, through diplomatic channels, its decision to terminate this agreement. Such notification will be made simultaneously to the International Civil Aviation Organization. The agreement shall cease to viger 1 (one) year after the date of receipt of the notice by the other Contracting Party, unless that notice removed by mutual agreement before the expiry of that period. If the receipt of the notification is not charged by the other Contracting Party, such notice will be considered received 14 (fourteen) days after its receipt by the International Civil Aviation Organization.
19 article record in the ICAO this agreement and any amendment to it shall be registered with the International Civil Aviation Organization.
Article 20 entry into force This agreement shall enter into force on the date of the second diplomatic note in which one of the Parties inform the other of the completion of internal legal procedures.
In witness whereof, the undersigned, being duly authorized by their respective Governments, signed the agreement.
Made in Havana, on 27 May 1998, in two originals, in the Portuguese and Spanish languages, both being equally valid and authentic.
By the Government of the Federative Republic of Brazil for the Government of the Republic of Cuba Luiz Felipe Roberto Robaina González Lamprey Minister of State of Foreign Affairs Minister of Foreign Affairs

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