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1992 ACT 19
(October 23)
Official Journal No. 40,640 of 26 October 1992
By means of which the Protocol Relating to an amendment to the Convention on International Civil Aviation (Article 83 Bis), signed in Montreal on October 6, 1980, is approved.
THE CONGRESS OF COLOMBIA,
Having regard to the Text of the Protocol Relating to an Amendment to the Convention on International Civil Aviation (Article 83 Bis), signed in Montreal on October 6, 1980, which reads:
"PROTOCOL
concerning an amendment to the Convention on International Civil Aviation, signed in Montreal on 6 October 1980.
THE ASSEMBLY
From the International Civil Aviation Organization.
Having met at its twenty-third session in Montreal on 6 October 1980.
Having taken note of Resolutions A21-22 and A22-28 on the leasing, chartering and exchange of aircraft in international operations.
Having taken note of the draft amendment of the Convention on International Civil Aviation prepared by the 23rd. the session of the Legal Committee.
Having noted that it is the general wish of the Contracting States to have a provision on the transfer of certain functions and obligations of the State of registration to the State of the aircraft operator in the event of a lease, chartering or exchange or any similar arrangement relating to that aircraft.
Having considered it necessary to amend for the purposes stated, the Convention on International Civil Aviation made in Chicago on 7 December 1944.
1. Approves, in accordance with the provisions of Article 94 (a) of the Convention, the following amendment to the Convention.
Insert after Article 83 the following new Article 83a:
" ARTICLE 83 BIS
Transfer of certain functions and obligations.
(a) By way of derogation from Articles 12, 30, 31 and 32 (a), where an aircraft registered in a Contracting State is operated in accordance with a lease, chartering or exchange of aircraft, or any arrangement similar, by an operator who has his principal office or, if he does not have such an office, his permanent residence in another Contracting State, the State of registration, by agreement with that other State, may transfer all or part of its functions and obligations as a State of registration with respect to that aircraft, as provided for in Articles 12, 30, 31 and 32 (a). The State of registration shall be relieved of its responsibility for the functions and obligations transferred.
(b) The transfer shall not affect the other Contracting States before the agreement between the States on the transfer has been registered with the Council and made public in accordance with Article 83 or a State Party to such agreement has directly communicated the existence and scope of the agreement to the other Contracting States concerned.
(c) The provisions of paragraphs (a) and (b) above shall also apply in the cases provided for in Article 77. "
2. It prescribes, in accordance with the provisions of that Article 94 (a) of the said Convention, that the number of Contracting States whose ratification will be required for the amendment proposed above to enter into force, shall be ninety-eight.
3. Resolves, that the Secretary-General of the International Civil Aviation Organization draws up a Protocol, in the Spanish, French, English and Russian languages, having every text equal authenticity, in which the proposed amendment is incorporated, as well as the following:
(a) The Protocol shall hold the signatures of the President of the Assembly and of its Secretary-General.
(b) The Protocol shall be open to ratification by any State which has ratified or acceded to the Convention on International Civil Aviation.
(c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.
(d) The Protocol shall enter into force for States which have ratified it on the date on which the ninetieth instrument of ratification is deposited.
e) The Secretary-General shall immediately notify all Contracting States of the date of deposit of each ratification of the Protocol.
(f) The Secretary-General shall immediately notify all States Parties to that Convention of the date of entry into force of the Protocol.
g) With respect to any State ratifying the Protocol after the date referred to above, the Protocol shall enter into force from the deposit of its instrument of ratification in the International Civil Aviation Organization
Therefore, by virtue of the aforementioned decision of the Assembly.
This Protocol has been drafted by the Secretary General of the Organization.
In testimony to which, the President and the Secretary of the mentioned twenty-third session of the Assembly of the International Civil Aviation Organization, duly authorized by the Assembly, sign this Protocol.
Made in Montreal on October 6, a thousand nine hundred and eighty in a single document written in the Spanish, French, English and Russian languages, each text having the same authenticity. This Protocol shall be deposited in the archives of the International Civil Aviation Organization, and the Secretary-General of this Organization shall transmit certified copies thereof to all States Parties to the Convention. on International Civil Aviation, made in Chicago on December 7, 1944.
...
Secretary General,
YVES LAMBERT
President of the 23rd. Session Period of the Assembly,
R.S. Nyaga.
The undersigned Deputy Secretary 044 Grade 11 of the Legal Undersecretary of the Ministry of Foreign Affairs,
NOTES:
That the present reproduction is a faithful and integral photocopy of the text of the "Protocol on an Amendment to the Convention on International Civil Aviation", signed in Montreal on 6 October 1980, which is based on the archives of the Legal Under-Secretary of the Ministry of Foreign Affairs.
Dada en Santafe de Bogota, D.C., at twenty-two (22) days of the month of November of a thousand nine hundred and ninety-one (1991).
The Legal Sub-secretariat,
CLARA INES VARGAS DE LOSADA
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Santafe de Bogota, D.C., December 19, 1991.
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) CESAR GAVIRIA TRUJILLO.
The Foreign Minister,
(Fdo.) NOEMI SANIN DE RUBIO.
DECRETA:
ARTICLE 1o. Approve the Protocol Relating to an Amendment to the Convention on International Civil Aviation (article 83 Bis) signed in Montreal on October 6, 1980.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the Protocol on an Amendment to the Convention on International Civil Aviation (Article 83 Bis), signed in Montreal on 6 October 1980, which, by the first article of this Law, is adopted, will force the country from the date on which the the international link is perfected.
ARTICLE 3o. This Law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JOSE BLACKBURN C.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CESAR PEREZ GARCIA
The Secretary General of the Honorable House of Representatives,
SILVERIO SALCEDO MOSQUERA.
Republic of Colombia-National Government.
Publish and execute.
Dada en Santafe de Bogota, D.C., 23 October 1992.
CESAR GAVIRIA TRUJILLO
The Deputy Foreign Minister, in charge of the functions of the
Office of the Minister of Foreign Affairs,
WILMA ZAFRA TURBAY.
The Director of the Administrative Department of Aeronautics
JOSÉ JOAQUÍN PALACIO CAMPUZANO.
