Key Benefits:
Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the
Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the
Hague on 16 December 1970, and the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation, signed at Montreal on 23 September
1971, and any Multilateral convention on aviation security which may become
binding on both Contracting Parties.
2. The Contracting Parties shall provide upon request all possible d airline (s) the appropriate operating authorizations.
3. Each Contracting Party shall have the right, by written notification to the other
Contracting Party, to withdraw the designation of any such airline (s) and to
designate another one.
4. The airline (s) designated by either Contracting Party may be required to satisfy the
other Contracting Party that it is qualified to replace the conditions prescribed by the
laws and regulations of the same Contracting Party to
the operation of international air services in conformity with the provisions of the
Convention.
5. Each Contracting Party shall have the right to refuse to grant the operating
authorization referred to in paragraph (2) of this Article, or to impose such
conditions as it may deem necessary necessary on the exercise by a designated airline of the
rights specified in Article II of the present Agreement, in any case were the said
Contracting Party is not satisfied that substantial ownership and effective control
of that airlines are vested in the Contracting Party designating the airline or in its
nationals.
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6. When an airline (s) has been so designated and authorized, it may at any time begin
to operate the agreed services, provided that a tariff established in accordance with
the provisions of Article (X) of the present Agreement is in force and an
agreement in accordance with the provisions of article (V) of the present
Agreement has been reached in respect of that service.
ARTICLE IV
SUSPENSION AND REVOCATION
1. Each Contracting Party shall have the right to suspend the operating authorization or
to suspend the exercise of the right specified in Article II of the present Agreement
by the airline (s) designated by the other Contracting Party, or to impose such
conditions as it may deem necessary on the exercise of these rights:
a. in any case where it is not satisfied that substantial ownership and effective
control of that airline (s) are vested in the Contracting Party designating the
airline (s) or in nationals of such Contracting Party, or
b. in the case of failure by that airline (s) to comply with the laws or
regulations of the Contracting Party granting these rights, or
c. in case the airline (s) otherwise fails to operate the agreed services in
the accordance with the airline) the conditions of the prescribed under the present Agreement.
2. Unless immediate revocation, suspension or imposition of the conditions
mentioned in paragraph (1) of this Article is essential to prevent further
s laws of laws or regulations, such right shall be exercised only after
With the other Contracting Party. In such a case of words shall
begin within a period of sixty (60) days from the date of request made by either
Contracting Party for example.
ARTICLE V
CAPACITY
1. The designated airline (s) of each Contracting Party shall, in all respect, enjoy fair
and equal opportunity for the carriage of international traffic between and beyond
the territories of the two parties.
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2. In operating the agreed services, the airline (s) of each Contracting Party shall take
into account the interest of the airline (s) of the other Contracting Party so as not to
affect unduly the services which the letter provides on the whole or part of the
same route.
3. The capacity to be provided, the frequency of services to be operable and the
nature of air service, that is, transiting through or terminating in the territory of the.
Contracting Parties shall be agreed between the aeronautical. authorities in
accordance with the principles of the principles laid down in this Article.
4. Any increase in the capacity to be provided or frequency of services to be operated
by the designated airline (s) of the other Contracting Party shall be agreed between
the aeronautical authorities on the basis of the estimated requirements of traffic
between the territories of the two parties and any other traffic to be involved agreed
and determined. Pending such agreement or settlement, the capacity and frequency
entitlements already in force shall prevail.
5. The capacity to be provided, the frequency of services to be operated and the
nature of air service, that is transiting through or terminating in the territory of the territory of the provisions of this
Article shall be specified in an exchange of letters between the aeronautical
authorities of the Contracting Party.
ARTICLE VI
CERTIFICATES AND LICENSES
1. Certificates of airworthiness, certificates of competency and licences issued or
Valid by one Contracting Party and still in force shall be recognized as
valid by the other Contracting Party for the purpose of operating the agreed
services on the specified routes in the Annex to this Agreement, provided that the
requirements under which such certificates and licences were issued or rendered
valid are equal to or above the minimum standrs which may be established
pursuant to the International Civil Aviation Convention.
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2. Each Contracting Party reserves the right, however, of refusing to recognize the
validity of the certificates of competency and the licences granted to its own
nationals by the other Contracting Party, for the purpose of overflying its own
territory.
ARTICLE VII
AVIATION SECURITY
1. Consistent with their rights and obligations under international law, the
Contracting Parties reafirm that their obligations to each other to protect the
security of civil aviation against acts of unlawful interference forms an integral role.
part of this Agreement. Without limiting the gererality of the rights and obligations
under international law, the Contracting Parties shall in particular act in conformity
with the provisions of the Convention on Offencaking on or putting down, on
international traffic, passengers, cargo and mail in accordance with the provisions
of the Annex to this Agreement, to or from the territory of either Contracting
Party.
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3. Nothing in paragraph (2) of this Article shall be deemed to confer on the airline (s)
of one Contracting Party the privilege of taking up in the territory of the other
Contracting Party, passengers, cargo or mail carried with or without remuneration
or hire and destined for another point in the territory of that Contracting Party.
4. The provisions of the provisions of paragraphs (1) and (2) of this Article the
operation of the agreed services in areas of hostilities or military occupation, or in
areas affected by the law, shall, in accordance with A ntracting Parties and
confirmed by exchange of diplomatic notes.
ARTICLE XVII
CONFORMITY WITH MULTILATERAL CONVENTIONS
In the event of the conclusion of any general multilateral conventions concerning water
transport by which both Contracting Parties become bound, the present Agreement shall
be amended so as to conform with the provisions of such convention.
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ARTICLE XVIII
SETTLEMENT OF DISPUTES
1. If any dispute arises between the Contracting Parties to the interpretation or
application of this Agreement it shall be settled by direct cooperation in the spirit
of close cooperation and mutual understanding between aeronautical authorities of
both Contracting Parties.
In the case, where such direct settings are not successful, both Contracting
Parties shall settle the dispute through diplomatic channels. tue of this paragraph for more
than twelve months after the date on which it otherwise would have expired.
ARTICLE XI
FINANCIAL PROVISIONS
1. Subject to their foreign currency exchange control, each Contracting Party grants
the designated airline (s) of the other Contracting Party the right of free transfer of
the excess of receipts over expenditure, earned on its territory in connection with
the carriage of passengers, baggage, mail, freight by the designated airline (s) of the
other Contracting Party, in a freely convertible currency at the prevailing rate of
exchange. Transfer shall be effected immediately, at the latest within sixty (60)
days after the date of request.
2. Where a special payment agreement exists between the Contracting Parties,
payments shall be effected in accordance with the provision of that agreement.
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ARTICLE XII
TECHNICAL AND COMMERCIAL ACTIVITIES
Subject to the laws and regulations of the other Contracting Party, the designated airline
(5) of each Contracting Party shall have an equal opportunity:
1. to open its representation in the territory of the other Contracting Party and in this
purpose to enter, reside and employ in the other Contracting Party, or to bring in
and maintain in the territory of the other Contracting Party those of their own
managerial and other specialist staff who are required for the provision of air
services;
2. to issue all kinds of documents of carriage, and to advertise and to promote sales in
the territory of the other Contracting Party, to engage in the sale of air
transportation in that territory directly or at the airline discretion, through its
agents. Each airline shall have the right to sell such transportation in the currency.
of that territory or in freely convertible currencies of other countries, in accordance
with the monetary regulations of each Government.
ARTICLE XIII
LAWS AND REGULATIONS
1. The laws and regulations of each Contrcating Party controlling the admission to or
departure from its own territory of aircraft engaged in international air services or
related to the operation of aircraft while within its territory, shall be applied to the
aircraft of the designated airline (s) of the other Contracting Party.
2. The laws and regulations controlling the entry, stay and departure of passengers,
crew, baggage, mail and cargo, over the territory of each Contracting Party, and
also the regulations related to the requirements of entry and departure. from the
country, immigration, customs and sanitary rules, shall be applied in such territory
to the operations of the designated airline (s) of the other Contracting Party.
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ARTICLE XIV
COMPUTER RESERVATION SYSTEMS
1. A Computer Reservation Systems (CRS) means a computerized system containing
information about airline schedule (5) schedule, seat availability, fares and related services
and through which reservations can be made and/or tickets can be issued and
which makes some or all of these facilities available to travel agents.
2. Contracting Parties agree that:
a. the interest of cunsumers of air transport products will be protected from
any misuse of such information including misleading presentation companies;
b. the designated airline (s) of a Contracting Party and the airline's agents will
have unrestricted and non-discriminatory access to and use of the CRS (' s) in the
territory of the other Contracting Party;
c. in this respect the CRS-Code of Conduct adopted by the EEC will prevail in
the territory of the EEC, whereas in the territory of the other Contracting Party the
ICAO CRS-Code of Conduct will be corrected. Pending the adoption of this
ICAO Code of Conduct by the ICAO Assembly the ICAO Guidelines on CRS, as
published in ICAO Circular 214-AT/84, will apply in the territory of that other
Contracting Party.
3. A Contracting Party guarantees the CRS (' s) chosen as its primary system by the
designated carrier of the other Contracting Party free and unimpaired access in its
territory. Neither Contracting Party will, in its territory, impose or permit to be
imposed on the CRS of the designated carrier of the other Contracting Party more
stringent requirements than those imposed on the CRS of its own designated
carrier, such as with respect to:
a. the operation and sale of the CRS services including CRS display and
editing rules; and
b. the access to and use of communications facilities, selection and use of
technical hardware and software or software or the installation of hardware.
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ARTICLE XV
COMMAND
1. In a spirit of close co-operation, the Aeronautical Authorities of the Contracting
Parties shall consult each from time to time with a view to create the
implementation of, and closing compliance with, the provisions of the present
Agreement and the Annex thereto.
2. Such as include: such as shall begin within a period of sixty (60) days from the date of
receipt of the request, unless otherwise agreed by the Contracting Parties.
ARTICLE XVI
MODIFICATIONS
1. If either Contracting Party considers it desirable to be modified any of the provisions of
this Agreement, it may request consultation with the other Contracting Party. Such
consultation may be between the Aeronautical Authorities and may be conducted
by law or corespondence and shall begin within a period of sixty days (60) days
from the date of request. Any modifications so agreed to come into force when
they have been confirmed by an exchange of diplomatic notes.
2. Modification to the Annex to this Agreement may be made by direct agreement
between the competent Aeronautical Authorities of the Co
terms with paragraph (3) of this Article, these tariffs shall be considered as
approved. In the event of the period for submission being reduced, as provided for
in paragraph (3), the Aeronautical Authorities may agree that the period within
which any disapproval must be notified shall be less than thirty (30) days.
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5. If a tariff can not be agreed in accordance with paragraph (2) of this Article, or if, or if,
during the period it is held in accordance with paragraph (4) of this Article, one
Aerona
2. If the Contracting Parties fail to reach a settlement by negotiations, the dispute
may, at the request of either Contracting Party, be corrected for a decision to a
tribunal of three arbitrators, one to be nominated by each Contracting Party and the
third to be appointed by the two so nominated. Each of the Contracting Parties
shall nominate an arbitrator within a period of sixty (60) days from the date of
receipt by either Contracting Party from the other of a notice through the
diplomatic channel requesting The arbitration of the dispute, and the third arbitrator
shall be appointed within a further period of sixty (60) days. If either of the
Contracting Parties fails to nominate and arbitrator within the period specified, or
if the third arbitrator is not appointed within the period specified, the President of
the Council of the International Civil Aviation Organisation may be requested by
either Contracting Party to appoint an abitrator or arbitrators as the case requires.
3. The Contracting Parties undertakes to comply with any decision given under
paragraph (2) of this Article.
4. If and so long as either Contracting Party or a designated airline (s) of either
Contracting party fails to comply with a decision given under paragraph (2) of this
Article, the other Contracting Party may limit, withold or revoke any rights or
privileges which it has granted by virtue of the present Agreement to the
Contracting Party in default or to the designated airline or airlines of that
Contracting Party or to the designated airline (s) in default.
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ARTICLE XIX
EXCHANGE OF STATISTICAL DATA
The Aeronautical Authority of either Contracting Party shall supply to the Aeronautical
Authority of the other Contracting Party upon their request such informations or other
statements of statistics as may be reasonably required for the purpose of magnitude the
capacity provided on the agreed services by the designated airline (s) of the Contracting
Parties.
ARTICLE XX
TERMINATION
Either Contracting Party may at any time give written notice through diplomatic channels
to the other Contracting Party of its decision to terminate the present Agreement; such
notice. Shall be made available to the International Civil Aviation, the International Civil Aviation
Organization.
In such case the Agreement shall terminate twelve (12) months after the date of the notice
by the other Contracting Party, unless the notice to terminate is terminated by agreement
before the expiry of this period. In the absence of acknowledgement of receipt by the
other Contracting Party, notice shall be deemed to have been received fourteen (14) days
after the receipt of the notice by the International Civil Aviation Organization.
ARTICLE XXI
REGISTRATION
This Agreement and all amendments thereto shall be registered with the International
Civil Aviation Organization.
ARTICLE XXII
ENTRY INTO FORCE
This Agreement shall enter. into force on the first day of the second month after the
Contracting Parties have notified each other through diplomatic channels that the
procedures necessary for the entry into force of this Agreement have been completed.
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IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their
the following Governments, have signed the present Agreements.
DONE in duplicate at Vientiane on this twentieth day of February in the year one
thousand nine hundred and ninety-seven, in the English language, both texts being equally
authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF THE GOVERNMENT
THE REPUBLIC OF INDONESIA LAO PEOPLE ' S DEMOCRATIC
REPUBLIC
ALI ALOVER SOMSAVAT LENGSAVAD
---------- ----------------------
Minister for Foreign Affairs Minister for Foreign Affairs
ANNEX
1. Section 1
Routers to be served by the designated airline (s) of the Republic of Indonesia in
both directions:
Points of Intermediate Points of Points
Departure Points Destination
Beyond
--------- ------------ ----------- -------
Points in Any (3) points Vientiane Any (3) Indonesia
points
2. Section II
Routers to be served by the designated airline (s) of the Lao PDR
Points of Intermediate Points of Points
Departure Points Destination Beyond
--------- ------------ ----------- ----------- -------
Points in Any (3) points Jakarta Any (3) Lao PDR
points
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3. The designated airline (s) of either Contracting Party may, on any or all flights omit
calling at any of the above points, provided that the agreed services on this route
start and terminate in the territory of that Contracting party;
4. The right of the designated airline (s) of either Contracting Party to transport
passengers, cargo and mail between the points in the territory of either Contracting
Party and the points in the territory of the Third Parties shall be subject to an
agreement between the Aeronautical Authorities of the Contracting Parties.