Key Benefits:
1600 OF 2012
(December 21)
Official Journal No. 48,651 of 21 December 2012
CONGRESS OF THE REPUBLIC
By means of which the "Air Transport Agreement between the Government of the Republic of Colombia and the Government of the United States of America", signed in Bogotá, D. C., is approved on 10 May 2011.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Air Transport Agreement between the Government of the Republic of Colombia and the Government of the United States of America", signed in Bogotá, D. C., on 10 May 2011.
(To be transcribed: Full and faithful photocopy of the protocol, certified by the Coordinadora of the Internal Working Group of the Treaties of the International Legal Affairs Directorate of the Ministry of Relations Exteriors, a document that is based on the files of that Ministry.
AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA
The Government of the Republic of Colombia and the Government of the United States of America (hereinafter the "Parties");
Looking forward to promoting an international aviation system based on fair and equitable competition between airlines on the market;
Wishing to make it possible for airlines to offer a variety of options for the service of the travelling public and cargo trade, and wishing to encourage each airline to develop and implement innovative and competitive tariffs;
Wishing to facilitate the expansion of opportunities in international air transport;
Wishing to ensure the highest degree of safety and security in international air transport and reaffirming its grave concern for acts or threats against aircraft safety, which endanger the safety of persons or the ownership, which adversely affects the operation of air transport, and which undermine public confidence in the security of civil aviation; and
Being Parties to the Convention on International Civil Aviation, open for signature in Chicago in December 7, 1944;
You have agreed to the following:
For the purposes of this Agreement, unless otherwise noted, the term:
1. "aeronautical authorities" means, in the case of Colombia, the Special Administrative Unit of Civil Aeronautics and, in the case of the United States, the Department of Transportation and any person or agency authorized to perform functions exercised by the Special Administrative Unit of Civil Aeronautics or the Department of Transport;
2. "Agreement" means this Agreement and any amendments thereto;
3. 'Air transport' means public transport on passenger, baggage, cargo and mail aircraft, separately or in combination, regular or charter, for remuneration or contract;
4. 'Part of a Party' means an air line that has an Air Operator Certificate (AOC) issued by that Party and has its principal address in the territory of that Party;
5. "Convention" means the Convention on International Civil Aviation, which was opened to the firm in Chicago in December 7, 1944, and includes:
a. any amendment that has entered into force under Article 94 (a) of the Convention and has been ratified by both Parties, and
b. any Annex or any amendment thereto adopted under Article 90 of the Convention, to the extent that such an annex or amendment is in force for both Parties at any given time;
6. "Total cost" means the cost of providing a service plus a reasonable charge for general administrative expenses;
7. 'International air transport' means air transport passing through the airspace of the territory of more than one State;
8. "Price" means any fare, fee or charge for air travel of passengers, baggage or cargo (excluding mail), including land transportation in connection with international air transport, which charges airlines, including its agents, and the conditions governing the availability of such fee, fee or charge;
9. 'Non-commercial scale' means a landing for any purpose other than the boarding or landing of passengers, baggage, cargo or mail in air transport;
10. 'Territory' means land areas, internal waters and the territorial sea under the sovereignty of a Party; and
11. "User charge" means a charge imposed on airlines for the provision of airport services or facilities, air navigation, or aviation security facilities, including related services and facilities.
1. Each Party grants the other Party the following rights for the airlines of the other Party to carry out international air transport:
a. the right to fly over its territory without landing;
b. the right to make stops on its territory for non-commercial purposes;
c. the right to carry out international air transport between points on the following routes:
i. for the airlines of the United States, from previous points to the United States via the United States and intermediate points to any point or points in Colombia and beyond;
ii. for the Colombian airlines, from previous points to Colombia via Colombia and intermediate points to any point or points in the United States and beyond; and
d. the other rights specified in this Agreement.
2. Each air line of a Party may, on any or all flights and at its choice:
a. make flights in either direction, or both;
b. combining different flight numbers in the operation of an aircraft;
c. provide services to points above, intermediate and points beyond and points in the territories of the Parties in any combination and in any order;
d. skip stops at any point or points;
e. transfer traffic from any of its aircraft to any of its other aircraft at any point;
f. provide services to points prior to any point on its territory with or without change of aircraft or flight number and to provide and advertise such services to the public as direct services;
g. make stops at any points either inside or outside the territory of one or the other Party;
h. carry out transit through the territory of the other Party; and
i. combine traffic on the same independent aircraft from where that traffic originates;
without a directional or geographical limitation and without loss of any right to carry traffic permitted under this Agreement, provided that the transport is part of a service that addresses a point in the national territory of the line air.
3. In any segment or segments of the above routes, any airline of a Party may conduct international air transport without any limitation such as changing, at any point in the route, the type or number of the aircraft operated, that in the direction of departure, the transport beyond that point is a continuation of the transport from the territory of the airline and, in the direction of arrival, the transport to the territory of the airline is continuation of the transport from beyond that point.
4. Nothing in this Article shall be deemed to confer on the airline or airlines of a Party the right to embark, on the territory of the other Party, passengers, baggage, cargo or mail carried by remuneration and destined for another point in the territory of that other Party.
5. Nothing in this Agreement shall limit the rights of a Party to require the airlines of both Parties to adhere to the requirements relating to the protection of passengers ' funds and the rights of cancellation and reimbursement of passengers.
Each Party, upon receipt of requests from an airline of the other Party, as prescribed for the granting of authorizations and technical permits, shall grant the appropriate authorizations and permits with a minimum processing time, provided which:
a. the substantial ownership and effective control of that airline is in the hands of the other Party, the nationals of that Party or both;
b. the airline is qualified to meet the conditions prescribed under the laws and regulations normally applied in the international air transport operation by the Party considering the application or applications; and
c. the other Party is maintaining and administering the provisions laid down in Article 6 (Security) and Article 7 (Aviation Security).
ARTICLE 4. REVOKING THE AUTHORIZATION.
1. Either Party may revoke, suspend, limit or impose conditions on an airline's operating authorisations or technical permits if:
a. that air line is not an overhead line of the other Party under Article 1 (4);
b. the substantial ownership and effective control of that airline is not in the hands of the other Party, nor the nationals of the other Party or both; or
c. that airline has not complied with the laws and regulations referred to in Article 5 (Application of Laws) of this Agreement.
2. Unless an immediate action is essential to prevent the continuation of non-compliance with sub-paragraph 1 (c) of this Article, the rights established by this Article shall be exercised only after consultation with the another Party.
3. This Article does not limit the rights of any of the Parties to withhold, revoke, suspend, limit or impose conditions on the operation authorisation or the technical permit of an airline or airlines of the other Party in accordance with the provisions of Article 6 (Security) or Article 7 (Aviation Security).
ARTICLE 5. APPLICATION OF LEYES.
1. The laws and regulations of a Party related to the entry into or out of their territory of aircraft engaged in international air navigation or the operation and navigation of such aircraft while within their territory shall be fulfilled by such aircraft upon entry, exit or during their stay in the territory of the first Party.
2. At the entry into the territory of a Party or the departure thereof or, during the stay in it, its laws and regulations regarding the entry into its territory or the departure of the same of the passengers, crew or the cargo of aircraft (including the regulations relating to the entry, dispatch, security of aviation, immigration, passports, customs and quarantine or, in the case of mail, the postal regulations), shall be fulfilled directly or on the part of such passengers, crew or cargo of the airlines of the other Party.
1. Each Party shall recognise as valid for the purposes of the air transport operations provided for in this Agreement, airworthiness certificates, certificates of competence and licences issued or validated by the other Party and still in force, provided that the requirements for such certificates or licences at least equal the minimum standards which can be established in accordance with the Convention. Each Party may, however, refuse to recognise as valid to fly over its own territory, the certificates of competence and the licences validated or granted to its own nationals by the other Party.
2. Each Party may request consultations on safety standards maintained by the other Party in relation to aircraft facilities, crews, aircraft and the operation of the airlines of that other Party. If, after such consultations, a Party finds that the other Party does not maintain or effectively manage safety standards and requirements in these areas that at least equal the minimum standards that may be established in accordance with the Convention, the other Party shall be notified of such findings and of the measures deemed necessary to meet these minimum standards, and the other Party shall take appropriate corrective action. Each Party reserves the right to withhold, revoke, suspend, limit or impose conditions on the operating authorisation or the technical permit of an airline or airlines of the other Party in the event that the other Party does not initiate such action. appropriate corrective action within a reasonable period and to take immediate action, prior to consultations, with respect to that air line or airlines, if the other Party is not maintaining and administering the standards referred to above and is essential to take immediate action to prevent further breaches.
3. Any measure taken by a Party in accordance with paragraph 2 above shall be repealed once the reasons for which it has originated.
4. With respect to paragraph 2 above, if it is determined that a Party does not yet meet ICAO standards after the expiration of the deadline, this fact shall be notified to the Secretary-General of the ICAO. The successful resolution of this situation must also be reported to the latter.
1. The Parties affirm that their mutual obligation to protect the security of civil aviation against acts of unlawful interference is an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties, in particular, shall act in accordance with the provisions of the Convention on Infractions and Certain Other Acts on the Bordo of Aircraft, signed in Tokyo in September 14, 1963, the Convention for the Suppression of the Illicit Seizure Of Aircraft, signed at The Hague in December 16, 1970, the Convention for the Suppression of Illicit Acts against Aviation Security Civil, signed in Montreal in September 23, 1971, and the Protocol for the Repression of Illicit Acts of Violence in Airports that provide services to the International Civil Aviation, complementary to the Convention for the Suppression of Illicit Acts against the Security of Civil Aviation, signed in Montreal in February 1988, as well as with any other convention relating to the security of civil aviation to the extent that it is in force for both Parties.
2. The Parties shall, upon request, provide all necessary assistance to the other Party to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew and airports and air navigation facilities, and to deal with any other threat to the safety of civil air navigation.
3. The Parties, in their mutual relations, shall act in accordance with the aviation safety standards and appropriate best practices, established by the International Civil Aviation Organization and referred to as Annexes to the Convention; require that aircraft operators of their registration, aircraft operators having their principal office or permanent residence on their territory and the operators of airports in their territory act in accordance with those provisions; provisions on aviation security.
4. Each Party agrees to observe the safety provisions required by the other Party for entry into its territory, exit from and as long as it remains on its territory, and to take appropriate measures to protect aircraft and to inspect aircraft. passengers, crew and their luggage and hand luggage, as well as cargo and provisions on board before and during boarding or loading. Each Party shall also consider favourably any request from the other Party to take special security measures to address a particular threat.
5. where an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports or air navigation facilities occurs, the Parties shall assist each other, facilitating communications and other appropriate measures intended to quickly and safely resolve such an incident or threat.
6. Where a Party has reasonable grounds to consider that the other Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Party may request immediate consultations with the Parties. aeronautical authorities of the other Party. Failure to reach a satisfactory agreement within 15 days of the date of such application shall constitute grounds for retaining, revoking, suspending, limiting or imposing conditions on the authorisation of the operation or the technical permits of the an airline or airlines of that Party. Where an emergency is required, a Party may take interim measures prior to the expiry of the 15-day period.
ARTICLE 8. BUSINESS OPPORTUNITIES
1. The air lines of each Party shall be entitled to establish offices in the territory of the other Party for the promotion and sale of air transport services.
2. The air lines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence and employment, to introduce and maintain in the territory of the other Party, managerial, sales, technical, operational and other specialised personnel required for the provision of the air transport service.
3. Each airline shall have the right to provide its own services of scale in the territory of the other Party ('own services ') or, at the choice of the airline, to select from competing agents to provide them in full or in part. The rights will be subject only to physical restrictions resulting from airport security considerations. In the event that such considerations exclude own services, the services of scale will be available, on an equal footing, for all airlines; the charges will be based on the costs of the services provided; and such services must be comparable with the class and quality of services if the services themselves were possible.
4. An airline of a Party may engage in the sale of air transport services in the territory of the other Party directly and, at the discretion of the airline, through its agents, unless specifically provided for in the regulations of charter flights of the country in which the charter originates relating to the protection of the passengers ' funds and the rights of cancellation and reimbursement of passengers. Each airline shall have the right to sell such transport, and any person shall have the right to buy it, in the currency of the territory or in freely convertible currencies.
5. Each airline shall have the right to convert and transfer to its country except where it is not compatible with the applicable law or regulation, to any other country or countries of its choice, upon request, to local revenue exceeding the amounts locally disbursed. Conversion and transfer shall be permitted promptly, without imposing any restrictions or charges, on the exchange rate applicable to current transactions and transfers, on the date on which the carrier makes the initial application of the transfer.
6. The airlines of each Party shall be authorised to pay local costs, including purchases of fuel, in the territory of the other Party in the local currency. At their discretion, the airlines of each Party may pay such expenses in the territory of the other Party in freely convertible currencies in accordance with the country's monetary regulation.
7. When exploiting or offering the services authorised in this Agreement, any airline of a Party may conclude commercial cooperation agreements, such as space-blocking agreements, codeshare agreements, exchange agreements or agreements. leasing of aircraft, with:
a. an air line or airlines of either Party;
b. an air line or airlines from a third country; and
c. a land transport provider from any country;
as long as all participants in such agreements (i) have the proper authorization and (ii) meet the requirements normally applied to these agreements.
8. The air lines and indirect freight transport providers of both Parties shall be authorised, without restriction, to supply, in connection with international air transport, any land transport for cargo to or from any other point in the territories of the Parties or in third countries, including to and from all airports with customs services, and to carry cargo in 'in-bond' customs warehousing, in accordance with applicable legislation and regulations. Such cargo, transported by land or air, shall have access to customs formalities and facilities at the airport. Airlines may choose to carry out their own land transport or obtain it by means of agreements with other land transporters, including land transport operated by other airlines and indirect freight transport providers. air. These multimodal freight services may be offered at a single direct price for combined air and land transport, provided that the senders are not confused about the circumstances concerning such transport.
ARTICLE 9. CUSTOMS DUTIES AND CHARGES
1. When arriving in the territory of a Party, aircraft in international air transport services by the other Party's airlines, its regular equipment, ground equipment, fuel, lubricants, consumable technical supplies, spare parts (including engines), on-board provisions (including, but not limited to, items such as food, beverages and spirits, tobacco and other products intended for sale to or for the consumption of passengers in limited quantities during the flight), and other items intended for or used only in the operation or provision of services on aircraft engaged in international air transport shall be exempt, on the basis of reciprocity, from all import restrictions, property taxes and charges to the assets, customs duties, excise duties and similar charges and charges which: (a) are imposed by the national authorities and (b) are not based on the cost of the services provided, provided that such equipment and supplies remain on board the aircraft.
2. They shall also be exempt, on the basis of reciprocity, from taxes, levies, duties, fees and charges mentioned in paragraph 1 of this Article, with the exception of charges based on the cost of the service provided:
a. the provisions of on board introduced or supplied in the territory of a Party and carried on board within reasonable limits for use in the aircraft of departure of an airline from the other Party participating in the air transport international, even where these provisions are used in part of the journey carried out on the territory of the Party in which they were taken on board;
b. ground equipment and spare parts (including engines) entered into the territory of a Party for the service, maintenance or repair of aircraft of the other Party's airlines, used in air transport international;
c. fuel, lubricants and consumable technical supplies entered or supplied in the territory of a Party for use in an aircraft of an airline of the other Party participating in international air transport, even when these supplies are used in part of the journey carried out on the territory of the Party in which they were taken on board; and
d. advertising and advertising materials entered or supplied in the territory of a Party and carried on board within reasonable limits for use on the aircraft of departure of an airline from the other Party participating in the international air transport, even where these materials are used in part of the journey carried out on the territory of the Party in which they were taken on board.
3. The equipment and supplies referred to in paragraphs 1 and 2 of this Article may be required to be kept under the supervision or control of the competent authorities.
4. The exemptions provided for in this Article shall be granted when the airlines of a Party have contracted with another airline, which shall enjoy, in the same way, the exemptions granted by the other Party on the loan or transfer in the territory of the other Party of the objects specified in paragraphs 1 and 2 of this Article.
1. Charges to users imposed by the competent authorities or tax authorities of each Party on the other Party's airlines shall be fair, reasonable, not unfairly discriminatory and shall be equally divided between the categories of users. In any event, any of those charges to users shall be taxed on the other Party's airlines on terms not less favourable than the most favourable conditions enjoyed by any other airline at the time of the fixing of such charges. charges.
2. The charges to the users imposed on the airlines of the other Party may correspond, without exceeding, the total cost to the competent authorities or tax authorities for the proper provision of the services and facilities of the airport, airport environment, air navigation and aviation security facilities and services at the airport or within the airport system. Such charges may include a reasonable return on assets after depreciation. The facilities and services for which charges will be charged will be provided on an efficient and economical basis.
3. Each Party shall promote consultations between the competent authorities or tax authorities in its territory and the airlines using the services and facilities, and shall encourage those competent authorities or tax authorities and the competent tax authorities. airlines to exchange information that is necessary to accurately determine the reasonableness of the charges in accordance with the principles of paragraphs 1 and 2 of this Article. Each Party shall encourage the competent tax authorities to provide users with a reasonable notification of any proposed change in user charges to enable them to express their views before the changes are made.
4. In dispute settlement procedures pursuant to Article 14, a Party shall not be deemed to have contravened any provision of this Article unless (a) it does not commit to a review of the position or practice that is the purpose of the complaint of the other Party within a reasonable period of time; or (b) after such review, the other Party does not take all measures in its possession to remedy any charges or practices inconsistent with this Article.
1. Each Party shall grant a fair and equitable opportunity to the airlines of both Parties to compete in the provision of international air transport governed by this Agreement.
2. Each Party shall allow each airline to determine the frequency and capacity of the international air transport it offers based on market considerations. Under this right, neither Party shall unilaterally limit the volume of traffic, the frequency or regularity of the service, or the type or types of aircraft operated by the other Party's airlines, except where required by customs, technical, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
3. Neither Party shall impose on the other Party's air lines a balance, rights for non-objection or any other requirement with respect to the capacity, frequency or traffic that is incompatible with the purposes of the Present Agreement.
4. No Party shall require the submission of schedules, charter schedules or operational plans to the other Party's airlines for approval, unless it is required, on a non-discriminatory basis, to enforce the uniform conditions as provided for in paragraph 2 of this Article or unless specifically authorised in this Agreement. If a Party requires the submission of documentation for information purposes, it shall minimize the administrative procedures that represent the requirements and procedures for air transport intermediaries and the airlines of the other Party.
1. Each Party shall allow each airline to establish prices for air transport on commercial market considerations. The intervention of the Parties shall be limited to:
a. the prevention of unreasonably discriminatory pricing or practices;
b. the protection of consumers from excessively high or restrictive prices for the abuse of a dominant position; and
c. protection of airlines from artificially low prices due to direct or indirect government subsidy or support.
2. Either Party may require the notification or submission to its aeronautical authorities of the prices to be charged to or from its territory by the airlines of the other Party. Such notification or submission by the airlines may be required not prior to the initial offer of a price.
3. Neither Party shall take unilateral action to prevent the inauguration or continuation of a price proposed or implemented by: (i) an airline of any of the Parties for international air transport between the territories of the Parties. Parties, or (ii) an air line of a Party for international air transport between the territory of the other Party and any other country, including in both cases, the carriage on an interline or intra-line basis. If either Party believes that any price is incompatible with the considerations set out in paragraph 1 of this Article, it shall request consultations and notify the other Party of the reasons for its dissatisfaction as soon as possible. is possible. Such consultations shall be held no later than 30 days after receipt of the request, and the Parties shall cooperate in the achievement of the information necessary for the reasonable solution of this matter. If the Parties agree on the price for which a notice of non-compliance has been sent, each Party shall make its best effort to bring that agreement into force. Without this mutual agreement, the price must enter into force or continue in force.
Any Party may, at any time, request consultations concerning this Agreement. Such consultations shall begin as soon as possible, but not after 60 days from the date on which the other Party receives the request, unless otherwise agreed. Any proposed amendments arising from the consultations shall be subject to Article 15.
ARTICLE 14. DISPUTE RESOLUTION
1. Any dispute arising under this Agreement, except those arising under Article 12 (Pricing), which is not resolved within 30 days of the date set for consultation on a request to consultations under Article 13 may be submitted by agreement between the Parties for the decision of any person or body. If the Parties do not reach such agreement, either Party may notify the other Party in writing, through diplomatic channels, that it is requesting that the dispute be submitted to arbitration.
2. The arbitration shall be by means of a court of three arbitrators which shall be constituted as follows:
a. Within 30 days of receipt of an arbitration request, each Party shall appoint an arbitrator. Within 60 days of the appointment of these two arbitrators, they shall appoint, by common agreement, a third arbitrator who shall act as Chair of the arbitration tribunal.
b. If either Party does not appoint an arbitrator, or if the third arbitrator is not appointed, in accordance with sub-paragraph (a) of this paragraph, either Party may request the President of the Council of the International Civil Aviation Organization the name of the required arbitrator or arbitrators within 30 days. If the President of the Council has the same nationality as one of the Parties, the Vice-President, who is not disqualified for the same reason, shall make the appointment.
3. The court of arbitration shall have the right to decide the extent of its jurisdiction under this Agreement and, unless otherwise agreed, shall establish its own rules of procedure. The court, once formed, may, at the request of either Party, recommend the provisional measures of disagravement pending its final determination. If either of the Parties so requests or the court considers it appropriate, a conference shall be held to determine the precise matters to be subject to arbitration and the specific procedures to be followed no later than 15 days after the date of issue. the court is fully constituted.
4. Unless otherwise specified or in accordance with the instructions of the court, the statement of the application must be lodged within 45 days of the time the court is fully constituted, and the defence declaration must be lodged. 60 days after that date. Any response from the complainant shall be submitted within 30 days of the submission of the defence declaration. Any response from the defendant shall be filed within 30 days of that date. If requested by either Party or the court considers it appropriate, the court shall conduct a hearing within 45 days of the date on which the last plea has expired.
5. The court will try to make a written decision within 30 days of the completion of the hearing or, if a hearing is not held, after the filing of the last plea. The decision of the majority of the court shall prevail.
6. The Parties may submit requests for interpretation of the decision within 15 days of the date of the decision and any given interpretation shall be issued within 15 days of such request.
7. Each Party shall, to the extent that it is consistent with its national law, give full compliance to any decision or award of the arbitration tribunal.
8. The expenses of the court of arbitration, including the fees and expenses of the arbitrators, shall be shared equally by the Parties. Any expenditure incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph 2 (b) of this Article shall be considered as part of the expenses of the court of arbitration.
1. The amendments to this Agreement shall enter into force on the date of the last note of the exchange of diplomatic notes between the Parties confirming that all the internal procedures necessary for the entry into force of the amendments have been completed.
2. Amendments to the Annex may be agreed in writing and shall enter into force when the Parties confirm them through an exchange of diplomatic notes.
Any Party may, at any time, notify the other Party in writing of its decision to terminate this Agreement. Such notification shall be sent simultaneously to the International Civil Aviation Organisation. This Agreement shall end at midnight (at the place of receipt of the notification to the other Party) at the end of the International Air Transport Association's ("IATA") traffic season in force one year after the the date of the written notification of termination, unless this notification is withdrawn by agreement of the Parties before the end of this period.
This Agreement and all amendments thereto must be registered with the International Civil Aviation Organization.
ARTICLE 18. PROVISIONAL APPLICATION AND ENTRY INTO FORCE.
1.
2. This Agreement shall enter into force from the date of the last note of the exchange of diplomatic notes between the Parties confirming that all the internal procedures necessary for the entry into force of the Agreement have been completed.
3. Upon entry into force, this Agreement will replace the Air Transport Agreement between the Government of the Republic of Colombia and the Government of the United States of America, signed in Bogotá in October 24, 1956, and its amendments.
IN FE OF THE CUAL, the undersigned, duly authorized by their respective Governments, have signed this Agreement,
FACT in Bogotá, on May 10, 2011 in two originals, in Spanish and English, both texts being equally authentic,
BY THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
Maria Angela Holgin Cuellar
Minister of Foreign Affairs
BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA
William J. Burns
Under Secretary of State for Political Affairs
TRANSIENT PROVISIONS
Notwithstanding the provisions of Article 2, the following provisions shall apply to regular combined services:
1. An air line or airlines designated by the United States Government shall be entitled to operate air transport services on the routes specified below:
a. With immediate effect, from previous points to the United States, via the United States and intermediate points, to Barranquilla, Bogota, Cali, Cartagena de Indias, Medellin and beyond.
b. With immediate effect, for the purpose of serving as a non-operating airline solely on the basis of shared code, from points prior to the United States, via the United States and intermediate points, to six (6) points 1s in Colombia and beyond.
c. Effective since January 1, 2012, with the purpose of serving as a non-operating airline solely on the basis of codeshare, from points prior to the United States, via the United States and intermediate points, to points in Colombia and beyond.
2. An airline or airlines designated by the Government of the Republic of Colombia shall be entitled to operate air transport services on the routes specified below:
a. With immediate effect, from points prior to Colombia, via Colombia and intermediate points, to Miami, New York, San Juan, Orlando and eight (8) additional1points in the United States and beyond.
b. With immediate effect, from points prior to Colombia, via Colombia and intermediate points, to Los Angeles or San Francisco1and beyond.
c. With immediate effect, for the purpose of serving as a non-operating airline solely on the basis of code-sharing, from points prior to Colombia, via intermediate points, to twelve (12) additional2points in the United States and beyond.
d. Effective since January 1, 2012, with the purpose of serving as a non-operating airline solely on the basis of codeshare, from points prior to Colombia, via Colombia and intermediate points, to points in the United States and more there.
1. The air lines of both Parties may operate unlimited frequencies for the combined regular services, except for the following:
a. With immediate effect, the United States airlines will be able to operate up to a total of one hundred and twelve (112) weekly round-trip frequencies on routes with restricted frequency.
b. With immediate effect, Colombia's airlines will be able to operate up to a total of 120 (120) weekly round-trip frequencies on routes with restricted frequency.
c. Effective since 1 January 2012, the United States airlines will be able to operate up to a total of one hundred and thirty-three (133) weekly round-trip frequencies on routes with restricted frequency.
d. Cash from January 2012, Colombia's airlines will be able to operate up to a total of one hundred and forty-one (141) weekly round-trip frequencies on routes with restricted frequency.
e. Routes with restricted frequency are:
| i. | Atlanta-Bogota |
| ii. | Ft. Lauderdale-Bogota |
| iii. | Ft. Lauderdale-Cali |
| iv. | Ft. Lauderdale-Medellin |
| v. | Houston-Bogota |
| vi. | Los Angeles-Bogota |
| vii. | Miami-Bogota |
| viii. | Miami-Cali |
| ix. | Miami-Medellin |
| x. | New York/Newark-Bogota |
| xi. | New York/Newark-Medellin |
| xii. | Orlando-Bogota |
| xiii. | Washington-Bogota |
2. Both Parties may authorise, by common agreement, additional capacity increases on routes often restricted to meet special market conditions.
3. The frequency limitations in this Section do not apply to non-operating airlines participating in code-share agreements.
SECTION 3. COMMERCIAL COOPERATION AGREEMENTS
Notwithstanding the provisions of Article 8, the following provisions shall apply to the combined regular services:
1. With immediate effect, when operating or offering the services authorised under the Agreement, any airline of a Party may conclude commercial cooperation agreements such as space lock agreements, code-sharing, exchange agreements or lease, with:
a. an air line or airlines of either Party;
b. an airline or airlines from a third country located in North America, South America, Central America and the Caribbean; and
c. a land transport provider from any country;
as long as all participants in such agreements (i) have the proper authorization and (ii) meet the requirements normally applied to these agreements.
2. This Section will expire in December 31, 2011.
This Annex will expire in December 31, 2012.
The undersigned Coordinator of the Internal Working Group of the Treaties of the International Legal Affairs Directorate of the Ministry of Foreign Affairs of the Republic of Colombia
CERTIFIES:
That the reproduction of the text above is a faithful and complete copy of the Spanish language version of the "Air Transport Agreement between the Government of the Republic of Colombia and the Government of the United States of America", signed in Bogotá, D. C., on May 10, 2011.
Dada in Bogotá, D. C., on July 12, 2011.
The Coordinator of the Internal Working Group of Treaties, Directorate of International Legal Affairs,
ALEJANDRA VALENCIA GARTNER.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2011
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Foreign Minister, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Monica Lanzetta Mutis.
DECRETA:
Article 1o. Approve the "Air Transport Agreement between the Government of the Republic of Colombia and the Government of the United States of America", signed in Bogotá, D. C., on 10 May 2011.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Air Transport Agreement between the Government of the Republic of Colombia and the Government of the United States of America", signed in Bogotá, D. C., on 10 May 2011, which Article 1or this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.
Article 3o. This law applies from the date of its publication.
Dada en Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Transport.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Transport,
GERMAN CARDONA GUTIERREZ.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2011
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Foreign Minister, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Monica Lanzetta Mutis.
DECRETA:
ARTICULO 1o. Approve the "Air Transport Agreement between the Government of the Republic of Colombia and the Government of the United States of America," signed in Bogotá, D. C., on May 10, 2011.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Air Transport Agreement between the Government of the Republic of Colombia and the Government of the United States of America", signed in Bogota, D. C., on May 10, 2011, which is approved by Article 1 of this Law, will force the Republic of Colombia from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic,
ROY MONTEALEGRE BARRIERS.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SANCHEZ.
The Secretary General (e) of the honourable House of Representatives,
MARINE FLOWER DAZA RAMIREZ.
REPUBLIC OF COLOMBIA NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 21 December 2012.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Transport,
CECILIA ALVEZ-CORREA GLEN.
