Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698083463843.pdf (Sierra Leone)
OT 5IEBtrA t Sf 5,1 oAtt OHH 1 BILATERAL AIR SERVICES AGR-E,EMENT BETWEtrN GOVERNMENT OF THE RXPUBLIC OF SIERRA LEONE AND GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE AND THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE FOR A.IR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES lt/ at // // /x* // lndex to the Articles PREAMBLE ARTICLE,I - DEFINITIONS ARTICLE 2 - GRANT OF RIGHTS ARTICLE 3 .
DESIGNATION AND AUTHORIZATION ARTICLE4 _ REVOCATION AND LIIVITATION OF OPERATING AUTHORIZATION ARTICLE 5 - PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES ARTICLE 6 - CUSTOMS DUTIES AND OTHER CHARGES ARTICLE 7 _ APPLICATION OF NATIONAL LAWS AND REGULATIONS ARTICLEB_CODESHARING ARTICLE 9 - CERTIFICATES OF AIRWORTHINESS AND COMPETENCY ARTICLE 1O - SAFETY ARTICLE 11 - AVIATION SECURITY ARTICLE 12- USER CHARGES ARTICLE 13 - COMMERCIAL ACTIVITIES ARTICLE 14 - TRANSFER OF FUNDS ARTICLE 15 - APPROVAL OF TIMETABLES ARTICLE 16 - TARIFFS ARTICLE ,17 .
EXCHANGE OF INFORMATION ARTICLE 18 - CONSULTATION ARTICLE 19 .
SETTLEMENT OF DISPUTES ARTICLE 20 - AMENDMENT OF AGREEMENT ARTICLE 21 - REGISTRATION ARTICLE 22 _ TERMINATION ARTICLE 23 - ENTRY INTO FORCE (t_ PREAMBLE The Government of The Republic of lMozambique and the Government of the Republlc of Sierra Leone (Hereinafter referred to as the "Contracting Parties'' ), Being parties to the Convention on lnternational Civil Aviation opened for signature at Chicago on the seventh day of December 1944, Being Parties to the Ministerial Decision relating to the implementation of the Yamoussoukro Declaration concerning the Liberalization of Access to Air Transport Markets in Africa on 14th November 1999 as endorsed by the Organisation of African Urrion Heads of States in July 2000, Desiring to conclude an Agreement in conformity with and supplementary to the said Convention, for the purpose of establishing and operating Air Services between and beyond their respective territories; Desiring to conclude an agreement for the purpose of developing air services between their respective territories and beyond; Acknowledging the importance of air transportation as a means of creating and fostering friendship, understanding and co-operation between the people of the tvvo countries; Desiring to facilitate the expansion of international air transport opportunities; HAVE AGREED AS FOLLOWS: ,, T I I I I l 1- r t'- ARTICLE 1 - DEF INITIONS 1.
For the purpose of this Agreement, unless the context othenvise a.)

"Abuja Treaty" means the Treaty Establishing the African Economic Community adopted at Abuja, Nigeria on the 3d day of June 1g91 and which entered into force on i2 May 1994; requires, the term.
b/ "{eronautical Authority" means in the case of the Government of the Republic of Sierra Leone, the Civil Aviation Authority of the Republic of Sierra Leone; and in the case of the Government of the Republic of Mozarnbique, the Civil Aviation Authority of tVlozambique-lACM, or in either case any person or body authorized to perform any function to which this Agreement relates; c) "Agreed Services" means scheduled lnternational Air Services between and beyond the respective territories of the Republic of Sierra Leone and the the Republic of Mozambique for the transport of passengers, baggage and Cargo, separately or in any combination; d) "Agreement" means this Agreement, its Annex drawn up in application thereof, and any amendment to the Agreement or to the Annex, e) "Air Service", "Airline'', "lnternational Air Service" and',stop for non-traffic purposes" have the meanings respectively assigned to them in Articles 2 and 96 of the Convention; f) "Annex" shall include the route schedule annnexed to the Agreement and any clauses or notes appearing in such Annex and any modification nrade thereto in accordance with the provisions of Article 20 of this Agreement; g) "Cargo" includes mail; h) "Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December 1g44, and includes: (i) any arnendment thereto which has entered into force under Article 94(a) of the Convention and has been ratified by both Contracting Parties; and (ii) any annex or amendnrent adopted thereto under Article 90 of that Convention, insofar as such annex or amendment is at any given time effective for both Contracting Parties; I l --------.. T T I T I I i l)"Countries bound by the yamoussoukro Decision,, means- (i) African States signatory to the Abuja Treaty; or (ii) any other African country which, though not a party to the said Treaty, has declared in writing its intention to be bound by the Yamoussoukro Decision; and (iii) any State referred to above which has given effect to the
 implementation of the yamoussoukro Decision in terms of tireir respective domestic law; ' an in j) "Designated designated Agreement; Airlines" means and authorized airline or airlines that accordance with Artlcle have been 3 of this k) "Tariffs" means the prices to be charged for the carriage of passengers, baggage and cargo and the conditions under which tliose prices ipply, but excluding remuneration and conditions for carriage of mail; l) "Territory" in relation to a state has the meaning assigned to it in Article 2 m)"User Charges" means charges made to airlines by the competent authorities or permitted by them to be made for the provision of airport facilities, property andior of air navigation facilities, including related services and facilities for aircraft, their crews, passengers, baggage and cargo; of the Convention; n) "Yamoussoukro Decision" means the Decision Relating to the lmplementation of the yamoussokro Declaration concerning the Liberalisation of access to Air Transport of 14 November, 1 9-gg as endorsed by the African Union Heads of States on 11 July, 2000 including the appendices and amendments.
2.

The Annex to this Agreement is considered an integral part thereof.
3. ln implementing this Agreement, the Contracting parties shall act in conformity with the provisions of the Convention insofar as those (4 i) I 5 I T T I I provisions are applicable to lnternational Air Services ARTICLE 2 - GRANT OF RIGHTS 1 Each Contracting Party grants to the other Contracting party the following rights for the conduct of scheduled and non-scheduled international air services by airlines of the other Contracting party: .
(a) the right to fly across its territory without landing; (b) the right to make stops in its territory for non{raffic purposes.

(c) To make stops in the said territory at the polnts specified for that route in the schedules to this Agreement for the purpose of putting down and taking up international traffic in passengers, cargo and mail, coming from or destined for the territory of the other Contracting Party.

2.
2.

Each Party shall enloy in addition to the rights specified in paragraph .l of this Article, 5'n freedom traffic rights in respect of other African States in accordance with the Yamoussoukro Decision.
Nothing in this Agreement shall be deemed to confer on any Designated Airlines of either Contracting Party the privilege of taking on, in the Territory of the other Contracting Party, passengers, baggage and Cargo carried for remuneration or hire and destined for another point within the Territory of that other Contracting Party.
4 lf because of armed conflict, political disturbances or developments or special and unusual circumstances a Designated Airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate tenrporary rearrangement of routes as is mutually decided by the Contracting Parties.

5.
5.

The Designated Airlines shall have the right to use all airways, airports 6 i.1 , ,/ ,IL and other facilities provided by the Contracting parties on a non_ discriminatory basis.

ARTICLE 3 - DESIGNATI ON AND A UTHORIZATION The Aeronautical Authority of each Contracting party shall have the right to designate one or more airlines for the purpose of operating the Agreld Services and to withdraw or alter the designation of any such aidinJor to substitute another airline for one previously designated.
Such designation may specify the scope of the authorization granted to each airline in relation to the operation of the Agreed Services.

Designations and any changes thereto shall be made in writing by the Aeronautical Authority of the Contracting Party having designated the airline to the Aeronautical Authority of the other Contracting party.
2 On receipt of a notice of designation, substitution or alteration thereto, and on application from the Designated Airline in the form and manner prescribed, the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline(s) designated the appropriate operating authorizations.
g. The Aeronautical Authority of one Contracting party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of International Air Services by such autlrority in conformity with the provisions of the Convention.
Each Corrtracting Party shall have the right to refuse to grant the operating authorizations referred to in paragraph (2) of this Arlicle, or to impose such conditions as it may deem necessary on the exercise by a Designated Airline of the rights specified in paragraph 2 of Article 2 of this Agreement, in any case where, subject to any special agreement between the Contracting Parties, it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Pady designating the airline or its nationals.
7 4 Ij ( 5 When an airline has been so designated and authorized, it may begin at any time to operate the Agreed Services in whole or in parl, provided that it complies with the applcable provisions of the Agreement and that a timetable is established in accordance with Article 15 of this Agreement in respect of such services.

/ l/ ( q li ARTICLE 4 - REVOCATION AND LIMITATION OF OPERATING AUTHORIZATION 1.
The Aeronautical Authorrty of each Contracting Party shall, with respect to an airline designated by the other Contracting Party, have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreenrent, or to .impose conditions, temporarily or permanently, as it may deem necessary on the exercise of those rights in any of the following cases: a) in the case of failure by that airline to comply with the laws and regulations normally and reasonably applied by the Aeronautical Authority of the Contracting Party granting those rights in conformity with the Conventlon; or b) in case the airline otherurise fails to operate in accordance with c) the conditions prescribed under this Agreement, or in any case where, subject to any special agreement between the Contracting Parties, it is not satisfied that the substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or its nationals; or d) in accordance with paragraph (6) of Article 10 of this Agreement; e) in the case of failure by the other Contracting Party to take appropriate action to improve safety in accordance with paragraph (2) of Article 10 of this Agreement; or in any case where the other Contracting Qarty fails to comply with any decision or stipulation arising from the application of Article 19 of this Agreement; f) Unless immediate revocation, suspension, or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the Aeronautical Authority of the other Contracting Party, as provided for in Article 18. ln the event of action by one Contracting Party under this Article, the rights of the other Contracting Party under Article 19 shall not be // 9 2 3 (r prejudiced 4 q Either Contracting Party that exercises the rights under paragraph (1) of this Article shall notify in writing the other Contracting Party immediately of the reasons for the refusal, suspension or limitation of the operating authorisation or technical permission of an airline designated by it.
.ln exercising their rights under paragraph (1) of this Article, the Contracting Parties shall not discriminate between airlines on the grounds of nationality.

ARTICLE 5 _ PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES '1 .

Each Contracting Party shall reciprocally allow the Designated Airlines of the other Contracting Party to compete freely in providing the international air transportation governed by this Agreement.

2.
2.

Each Contracting Party shall take all appropriate action within its jurisdiction to eliminate all forms of discrimination and anti-competitive or predatory practices in the exercise of the rights and entitlements set out in this Agreement.

If one Contracting Party is dissatisfied with the actions taken by the other Contracting Party, it may notify the other Contracting Pa(y of the reasons for its dissatisfaction and request for consultations.
These consultations shall be held not later than 30 days after receipt of the request, unless otheruise agreed by both Contracting Parties.

3.

There shall be no restriction on the capacity and the number of frequerrcies and/or type(s) of aircraft to be operated by the Designated Airlines of both Contracting Parties in any type of service (passenger, cargo, separately or in combination).

Each Designated Airline is permitted to determine the frequency, capacity it offers on the Agreed Services.

4.
4.

Neither Contracting Party shall unilaterally limit the volume of traffic, IO '1" frequencies, regularity of service nor the aircraft type(s) operated by the Designated Airlines of the other Contracting party, except as may be required for customs, technical, operational or environnrental requrrements under uniform conditions consistent with Article 16 of the Convention.

5.
5.

Neither Contracting Party shall impose on the Designated Airlines of the other Contracting Party, a first refusal requirement, uplift ratio, no pbjection fee or any other requirement with respect to capacity, frequencies or traffic which would be inconsistent with the purposes of this Agreement.

ARTICLE 6 .
CUSTOMS DUTIES AND OTHER CHARGES 1 Each Contracting Party exempts the Designated Airlines of the other Conkacting Party from import restrictions, custom duties, direct or indirect taxes, inspection fees and all other national and/or local duties and charges on aircraft as well as their regular equipment, fuel, lubricants, maintenance equipment, aircraft tools, consumable technical supplies, spare parts including engines, aircraft stores including but not limited to such items as food, beverages, liquor, tobacco, catering equipments and other products for sale to or use by passengers during flight and other items intended for or used solely in connection with the operation or servicing of aircraft used by such Designated Airline operating the Agreed Services, as well as printed ticket stock, airway bills, slaff uniforms, computers and ticket printers used by the Designated Airline for reservations and ticketing, any printed material which bears the insignia of the Designated Airline printed thereon and usual publicity and promotional materials distributed free of charge by such Designated Airline.
2.
The exemptions granted by this Article shall apply to the items referred to in paragraph (1) of this Article which are: a) introduced into the Territory of one Contracting Party by or on behalf of a Designated Airline of the other Contracting Party, b) reiained on board the aircraft of a Designated Airline of one z'' ll ll ( +) ( i' Contracting Party upon arriving in and until leaving the Territory of the other Contracting Party and/or consumed during flight over ihat Territory; c) taken on board the aircraft of a Designated Airline of one Contracting Party in the Territory of the other Contracting party and intended for use in operating the Agreed Services; whether or not such items are used or consumed wholly or parfly within the Territory of the Contracting Party granting the exemptron, provided such items are not alienated in the Territory of the said Contracting Party.
3.

The regular airborne equipment, as well as the materials, supplies and stores normally retained on board the aircraft used by the Designated Airline of eilher Contracting Party may be unloadecl in the Territoryof the other Contracting Party only with the approval of the customs authorities of that other Contracting Party.
ln such case, such equipment and items shall enjoy the exemptions provided for by paragraph (1) of this Article provided that they may be required to be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs reg ulations.

4.
4.

The exemptions provided for by this Article shall also be available in situations where the Designated Airlines of either Contracting party have entered into arrangements with another airline(s), for the loan or transfer in the Territory of the other Contracting Party, of the regular equipment and the other items referred to in paragraph (1)of this Article, provided that that other airline enjoys the same exemption(s) from that other Contracting Party.

5.
5.

The relief from customs duties, national excise taxes and similar national fees shall not extend to charges based on the cost of services provided to the designated airline or airlines of a Contracting party in the territory of the other Contracting Party.

ll / I ,ARTICLE 7 - APP LICATION OF NATIONAL LAWS AN D REGULATIOI.JS 1 2 3 4.
The laws, regulations and procedures of one Contracting party relating to the admission to, sojourn in, or departure from its Teriltory of ,ircrri engaged in international air navigation, or to the opeiation and navigation of such aircraft while within its Territory, shall be applied to aircraft operated by the airline(s) of the other coniracting party without distinction as to nationality as they are applied to its own, and shall be complied with by such aircraft upon entry into, departure from and while within the Territory of that Contracting party The laws, regulations and procedures of one Contracting party as to the admission to, sojourn in, or departure from its Territory of passengers, baggage, crew and cargo, transported on board the aircraft, such as regulations relating to entry, clearance, aviation security, immigration, passports, customs, currency, health, quarantine and sanitary measures or in the case of mail, postal laws and regulations shall be complied with by or on behalf of such passengers, baggage, crew and Cargo upon entry into and departure from and while within the Territory of the first Contracting Party.
Neither Contracting Party may grant any preference to its own or any other airline(s) over the Designated Airline(s) of the other Contracting Party in the application of the laws and regulations provided for in this Article.
Passengers, baggage and Cargo in direct transit across the Territory of either Contracting Party and not leaving areas of the airport reserved for such purpose shall, except in respect of security measures against violence, air piracy, narcotics control be subject to no more than a simplified control.

Such baggage and Cargo shall be exempt from customs duties, excise taxes and other similar national and/or local fees and charges t3 /,1-.'

,'/,'/ ( ARTICLE 8 - COD E SHARING '1 .


The Designated Airline(s) of both Contracting parties may, either as a marketing carrier or as an operating cirrier, freety'enter-rnio cooperative marketing arranqements iniluding but not limited to blocked space and/or code share arrangem-ents (incruding third country code share arrangements), with any other airline or airiines.
2 'B.efore providing code sharing services, the code sharing partners shall agree as to which party shal be responsibre in resp"eit oi ttre liability and on consumer related matters, security, safety and facilitation.

The agreement setting out these terms shiil be fired with both Aeronauticar Authorities before imprementation of the code share arrangements.
3. such arrangements shail be accepted by the Aeronauticar Authorities concerned, provided that aI airrines in these arrangements have the underlying traffic rights and/or authorizations.
4. ln the event of a code share arrangement, the marketing airrine should, in respect of every ticket sold,-ensure that it is madJclear to the.purchaser at the point of sare which airrine wiil actuafly operate each sector of the service and with which airrine or aiirines the purchaser is entering into a contractual relationship.

5.
The Designated Airline(s) of each Contracting party may also offer code share services between any point(s) in the territory of the other Contacting Party, provided that such services are operated by an airline or airlines of the other Contracting party ARTICLE 9 _ CERTIFICAT ES OF AIRWORTHINESS AND COMPETENCY 1 ( Certificates of airworthiness, certificates of competency and licenses issued, or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting party for the ../ ,o // ,/t' ,/ fr a 3 purpose of operating the Agreed Services provided always that such certificates or licenses were issued, or rendered valld, puriuant to and in conformity with the nrinimum standards established under the Convention.
Each Contracting Party, reserves the right, however, to refuse to recognize, for flights above its own Territory, certificates of competency and licenses granted to its own nationals by the other ,Contractirrg Party.
lf the privileges or conditions of the licenses or certificates issued or rendered valid by one Contracting party permit a difference from the standards established under the Convention, whether or not such difference has been filed with the lnternational Civil Aviation Organization, the Aeronautical Authority of the other Contracting party may, without prejudice to the rights of the first Contracting party under Article 10(2), request consultations with the Aeronautical Authority of the other Contracting Party in accordance with Article 18, with a view to satisfying themselves that the practice in question is acceptable to them Failure to reach satisfactory agreement shall constitute grounds for the applicatron of Article 4(1) of this Agreement.
I t5 , 1 ARTICLE 1O - SAF ETY 1.

Each Contracting Party rnay request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting party.
Such consultations shall take place within 30 days of that request 2. lf, following such consultations, one Contracting party finds that the other contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contracting party shall take appropriate corrective action.
Failure by the other Contracting party to take appropriate action within 15 days or such longer period as may be agreed, shall be grounds for the application of Article 4(1) of this Ag reernent.
3. lt is agreed that any aircraft operated by an airline of one Contracting Party on services to or from the Territory of the other Contracting Party may, while within the Terrrtory of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party, on board and around the alrcraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called "ramp inspection"), provided this does not lead to unreasonable delay.
4. lf any such ramp inspection or series of ramp inspections gives rise to: a) Serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; or b) Serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention; the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in l6 ( respect of the crew of that aircraft had been issued or rendered valid or that the reguirements under which that aircraft is operated are not equal to or above the minimunr standards established pursuant to the Convention.
5. ln the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by an airline of one Contracting party in accordance with paragraph (3) of this Article is denied by a representative of that airline, the other Contracting party shall be free to infer that serious concerns of the type referred to in paragraph ( ) of this Article arise and draw the conclusions referred to in that paragraph.

6.
6.

Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the other Contracting Party immediately in the event the first Contracting party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation.

7.
7.

Any action by one Contracting Party in accordance with paragraphs (2) or (6) of this Article shall be discontinued once the basis for taking that action ceases to exist.

ARTICLE .I1 - AVIATION SECURITY B.

Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.

9.
Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in partlcular act in confornrity with the provisions of the Convention on Offences and Cerlain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September '1963, the Convention for the Suppressiotl of Unlav'lful Seizure of Aircraft, signed at the Hague on 16 December 1970, lhe Convention for the Suppression of Unlav'iul Acts against the Safety of Civil Aviation, signed at Montreal on 23 September, 1971 and the Protocol for the l7 J, I ( suppresslon of unlavvfut Acts of viotence at Airports serving lnternational civil Aviatio, supplementary to the conve,tion for the suppression of unlawful Acts against the safety of civil Aviation done at Montreat on 23 Septentber 7917, signed at Montreal on 24 February 19g9, and any other agreement governing civil aviation security binding upon both Contracting Parties.
10 The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure 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 relevant threat to the security of civil aviation.

11 .
11 .

The Contracting Parties shall, in their mutual relations, act in confonnity wrth the aviation security provisions established by the lnternational Civil Aviation Organization and designated as annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties.
12 ln addition, the Contracting Parties shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their Territory and the operators of airports in their Territory act in conformity with such aviation security provisions as are applicable to the Contracting Parties.

13.
13.

Each Contracting Party agrees that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above applied by the other Contracting Party for entry into, departure from, or while within the Territory of that other Contracting Party.

14.
14.

Each Contracting Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage, Cargo and alrcraft stores prior to boarding or loading.

Each Contracting Party also agrees to give positive t8 I !-/ 15 .16 " n9 "1xfl "'"y,-, 3 X:: f 3il J?r"ffi l,i, g' ;o.,'.
", consideration to any request from the other Contracting Party for reasonable special securrr;;;;t';"; to meet a particular threat' seizure of civil Wlren atr incident or threat o{ an incident 9f'un]awful aircraft or other unr'*rur'li?l ;;;il'i i["':l:ll^"1.:li[[="'l""ih]ii[ ;;;;;s; " -.
icaii on s bontracting Parties shall assrsl ed\'rrr-'tr ^^ Ii i"r-i""tJ such incident or measures intended to I:'T]j I"i'lit "i'rppropriate threat as rapidly as p"t'';E;;;"tt"'t" with minimum risk to life from such incident or threat' Each Contracting Partv shall take such measures as it may find oracticable to ensure tnJt lt ''it"tltt ot- tn" other Contracting Party of unlawful subiected to an act , 'ir",r*rri" *irrr"--o, .,:,1", "",.

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";'.ffJii",1"H[".i: unless its deParture ts ne f:rves or its Passengers 11 when a contracting party has reasonable grorrnds to believe that the othe r c o ntra cti ns P'*v'#;' i;;; nJ u"I lf IHi 1"ffi "Li')' $[".ii i'i""nJt"",'ticai Authority of the frrst co racl A-uthority of the other j:;i.":;l'x:li?
"#itil*ttml*mq ffi :s:;?fi ;il:l::"u'L i;;'t;;.i,"*,i,"9*il):1"XJ:[:lX,i:,f :",ffi *f"=l*:l T:,v-, ""r rifteen (1 5) davl AnI ;Ytf':"J"[5;:il?oiili,;;l';i- :la*T[f lAf $;,"#iff i.;"p]iii;',,:l*'*'*:'*':;,"$ troon comPliance bY -Piovisions and crew' p3'tv of this Article' lo.

ART tCLE 12- USERC HAR GES 1 Eachcontract,"nt?tr.,xft iLxt[:ffi:".E!if i:jlrt.
}1l,.r,:,,1H SJ,'"'J:llti=ii:tff ::*ki:l,i[i*:::"!Til";;;"";u",h"=" use of airPorts and otner t ,, fr 'l H ',1/ tn" 'with charqes shall be based on sound economic prrnciples and shall not be ;llH;;,;;il; p''a nv other airlines for such servrces' respect to User Neither Contracting Party shall glve preference' Charges, to its own ot to'lni"oth'er airline^(s) engaged in similar lnternational Air Servtces '"i tniff not impose or permit to be imposed' Contracting Party User Charges on the Designatea nirtine(!)
"o" ii, o*n Designated Airrine(s) opera.ng "in"' "t hioher than tnose imposll siirilar lnternational Air il*]""t"utitg simi[r aircraft and associated fatilities and services' Each Contracting Party shall encourage consultations between its competent charging nouiJt'"ni"inJ designatea Airlines using the shall be given whenever .urvices and facilities ?i2"""'or" "otice in User charges oossible to such u.

"r, &=lni"iioio.
"L ror to enable thenl to ioqether with relevant ";;";iig"iti;rmation L"-fiH ti uiiuil*" before the charses are revrsed' _"n"noes 1nd'oita 2 3 A t AR'ilc LE 13 - coM M ERCIALA CTIVITIES l The Desig nated Airlines of each Contracting PartY sh all have the right to establish in the Territory of the other Contracting PartY offices for the purpose of promotion of air transPortation and sale of transPort docu ments as well as for other ancillary Prod ucts and facilities required forthe Provt sion of air transPortation' nated Airlines of each Contracting PartY sl.rall be entitled, to bring into and maintain in the Tenitory of the other Contra cting PartY those of their own managerial, SAles, technica I and other Personnel and ion with the Provision of air commercial, oPe representatives a transPortation' 2. ln consider ation of ParagraP h 10 of this Article, the Desig rational, s it may require in connect - 3suchrepresentative:.
::,:j:n"iifl :'E[.,J::,To"Ii:i]:i[t=T,"i=t4i!i*5 this Arlicle may, at the optton :,i.::'-^:;;':,;.,Jr,.

.ervices of any other :l,i""}"il,;t;l of any nationalitv or by using thu -- \ I ,{ I ,i/ / airline, organization or company operating in the Territory of the other Contracting Party and authorized to perform such services in the Territory of such other Contracting Party.

4.
4.

The Designated Airlines of each Contracting party shall, either direcily and at their discretion, through agents, have the right to engage in the sale of air transportation and its ancillary products and faciiities in the Territory of the other Contracting Party.

For this purpose, the Designated Airlines shall have the right to use its own transportation documenti.
The Designated Airline of each Contracting party shall have the right to sell, and any person shall be free to purchase, such transportation and its ancillary products and facilities in local currency or in any other freely convertible currency.
5 The Designated Airlines of one Contracting Party shall have the right to pay for local expenses in the Territory of the other Contracting party in local currency or provided that this is in accordance with local currency regulations, in any freely convertible currencies.

6.
6.

Each Contracting Party shall apply the Code of Conduct fornrulated by the lnternational Civil Aviation Organization for the regulation and operation of Computer Reservation Systems within its Territory, consistent with other applicable regulations and obligations concerning Computer Reservation Systems.

7.

The Designated Airlines shall have the right to perform its own ground handling with respect to passenger check-in operations in the Territory of the other Contracting Party.
This right does not include airside ground handling services and will only be subject to constraints resulting from requirements of airport safety, security and airport infrastructure.

Where safety and security considerations preclude the exercise of the right mentioned in this paragraph, such ground handling services shall be rnade available without preference or discrimination to any airline engaged in similar international air services.
B On the basis of reciprocity and in addition to the right granted by paragraph (7) of this Article, each Designated Airline of one Contracting Party shall have the right to select in the Territory of the other Contracting 2t ( ) q agents authorized by the tn'i lirt"icontracti*ng Pariy' for the provision' in Partv, any agent from competing -handling comoetent authorities "t *t oi" ot in part' of handling servlces' 9.
The Designated Airlines of one Contracting Party mav also be permitted to provide ground nanilift ;";;t ;nviiged bv oirasraph (7) of this the same airpod tn Article.

in whole or " ;l;: #'ffi^tit1i1'"J ="'ving ill";tiiil ";ihe 1 O.

All the above activities shall be carried out' in accordance with the the Territory of the other other contracting Partv' applicable laws and r!=nul""1i'^t''t-io"" 'n iontracting PartY' 1 " ARTICLE 14 -1 RAN SFE ROF FU NDS s .

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f"rritory of which the revenue reoulations of the Contrau"iii" on the.basis ot,:fl:!1,::ffiifl: "il.,"d acirued Such transter ""]"1il,;i;;"hange rate, s rates or where there ts n to'6ign exchange market rates for effected on the basts "';""Jfi;ilt; current PaYments ".

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:il,.uuir 7) // ,/ / 2 J I( ARTICLE 15 - APPRO VAL OF TIIiIETABLES 1 The Designated Airlines of each Contracting Party shall submit for approval to the Aeronautical Authority of the other Contracting Party prior to the inauguration of its services, the timetable of intended services, specifying the frequency, the type of aircraft, and period of validity.

This requirement shall likewise apply to any modification thereof.
lf a Designated Airline wishes to operate ad-hoc flights supplementary to those covered in the approved timetables, it shall obtain prior pernrission of the Aeronautical Authority of the Contracting Party concerned, who shall give positive and favorable consideration to such request.
I /l (: j I I 23 I - ARTIC LE1 6 -TAP.IFFS th its Aeronautical Each Contracting Party shall allow Tariffs to be established by each Designated Airline bas^eo ;ffi';'; commerciat considerations in the P;y shall requrre the Designated market place.

Nelther ""tit"'oitg abolt ttre tariffs they charge or Airlines to consult "th";';il;;: propose to charge' Each Contracting Party mav require prior filing wr Authorities, of prices to'Ht''"i"iJ"i t: Itirom its Territory by Desiqnated Airlines ot uotfii*tiJting.
earties-Such filing by or on behalf of the Designatei iirr'.".

may be.requirecl bv no more than ln individual 30 davs before the p'pi''"i'J"i"-'of "tf""iiu"n"ti' shorter notice than normally cases, filing may be J#iu;-; ," q, iil o ii i :.
ig":' :il,i *iky:';":l ":'i I il: X ['1 JJf :,",: .llf,,'U f ;:"iffi ;; ;; th ;i c o ntra cti n s P a rtv iii T,liiJ'ii ; Except as otherwise provided in this Article' neither Contracting Party shall take unilateral to'on'f-p'"u"nt the inaugrtration or continuation of a price proposed t" o" t'n'lg"a or charged b-y a Designated Airline of eiiher Contracting p'Iv i"t' iti"'"ationai air transportation lntervention by the Contractinq Parties shall be limited to:- l!

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r',,,ih'i;[r ;1. :'lls l}!1,,""" ::,',.,l,':, &::1' ;:H"llg""?t::*; ;i;;rid-a-competittr or excrudins a n'""'o n abrv his h or restrictive d';i;';h;'0"" ot'' o"11li:t,ffi;'i',.
"J;ill.|"", ( b) ;?$5"1.|::' Jl"J ril'J:"; r':'' t'l:1' -1:11' 31"' (c) Er"i""ii"t "t lf a Contracting Party believes that a price proposed to be charged contractinq Partv for ;' ir'" 6tntt bv a Designated d;;;' international'i' t"n"pl'Ji'iio'iit in"on'itl:nt wth considerations set forth in paragraph (4) ;"f'fii;A;iti"' it tr''rr request consultations and Designated Airlines from prrce low. '
l,+ I 1 2 J 4 5 It 1' notify the other Contractlng Party of the reasons for its dissatisfaction as soon as possible.

These consultations shall be held not later than 30 c.lays after receipt of the request, and the Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issue.
lf the Contracting Parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect.

Without such mutual agreement to the contrary, the .previously existing price shall continue in effect.

25 I {'_l' 1 2 l ARTICLE ,I7 .


EXCHANGE OF INFORMATIOI..I The Aeronautical Authorities of both Contracting Parties shall exchange information, as promptly as possible, concerning the current authorizations extended to their respective Designated Airlines to render service to, through, and from the Territory of the other Contracting Party.

This will include copies of current certificates and authorizatiorrs for services on proposed routes, together with amendments or exemption orders.
The Aeronautical Authorities of either Contracting Party shall supply to the Aeronautical Authoritjes of the other Contracting Party, at their reqr"rest, such periodic or other statements of statistics of traffic uplifted from and discharged in the territory of that other Contracting Party as may be reasonably required.
76 ,/ ( 1 2 I a ARTICLE 18 - CONSULTATION ln a spirit of close cooperation, the Aeronautical Authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of and satisfactory compliance with, the provisions of this Agreement.

Either Contracting Party may at any time request consultations on the implementation, rnterpretation, ,application or amendment of this Agreement.
Subject to Articles 4, '10 and 1 1, such consultations, which may be through discussion or cor[espondence, shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise agreed by both Contracting Parties.

ARTICLE 19 - SETTLEMENT OF DISPUTES lf any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement the Contracting Parties shall in the first place endeavor to settle it by negotiation.
lf the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body for nrediation.
lf the Contracting Parties do not agree to mediation, or if a settlement is not reached by negotiation, the dispute shall, at the request of either Contracting Party, be submitted for decision to a tribunal of three (3) arbitrators which shall be constltuted in the following manner: a) Within 60 days of receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator.
A national of a third State, who shall act as the President of the tribunal, shall be nominated as the third arbitrator by the two appointed arbitrators within 60 days of the appointment of the second; b) lf within the time limits specified above any appointment has not been made, either Contracting Party may request the President of the Council of the lnternational Civil Aviation Organization to make the necessary appointment within 30 27 [\ Y ,/r' // K ,,/ days.
lf the President is of the same nationality as one of the Contracting par.ties' the most senior Vice President who is not disqualified on-th"t tarne ground shall make the appointment ln suchcasethearbitrator"orarbitratorsappointedbythesaid president or tne Vice president as the case may be, shall not.be nationals o, p",m'n"nt residents of the States parties to this Agreement.

4 Exceot as hereinafter provided in this Article or as otherwise agreed by - i# E;;;.
"t,ng F"rtid., the tribunal shail determine the limits of its irri.Ul"ti".

in aicordance with this Agreement and shall establish its own orocedure.

A conterence to determirie the precise issues to be arbitrated 5i,riiJ" r]"ri noi raier tnan 30 days after the tribunal is fuily constitured.

5.
Except as otherwise agreed by the Contracting Parties or prescribed by thetribunal,thestatementofclaimshallbesubrnittedwithin30daysafter thetribunalisfullyconstitutedandthestatementofdefenseshallbe submitted 40 days thereafter' Any reply by the claimant shall be submittedwithin20daysofthesubmissionofthestatementofdefense' Any reply by the respondent shall be submitted within 15 days thereafter' The tribunal shall hold a hearing at the request of either contracting Party, or at its discretion, within 30 days after the last pleading is due' - 6.Thetribunalshallatternpttogiveawrittendecisionwithin30daysafter completion of the hearing ot] if no hea.ring is held' 30 days after both i"piiirt submitted.
The decision shall be taken by a majority vote' 7.

The contracting Parties may submit requests for clarification of the decision within l5 days after it receives the decision of the tribunal, and such clarification shali be issued within 1 5 days of such request' "r" 8.
The contracting Parties shall comply with any stipulation' provisional ruling or final decision of the tribunal' g.EachContractingPartyshallbearthecostsofitsarbitratorandanequal oi if'" tribunal' including any expenses incurred share of the other [vihu pr".ia"nt or VicJ ptetio"nt of tlre Councii of the lnternational Civil "o=t.

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Aviation Organization in implementing the procedures in paragraph 3(b) of this Al1icle.
10. lf, and as long as, either Contracting Party fails to comply with a decision contemplated in paragraph (B) of this Article.

the other Contractlng Party may limit, suspend or revoke any rights or privileges which it has granted under this Agreement to the Contracting Party in default.
29 i 1 ) (_l t ,7 / AR'I-ICLE 20 - AMENDMENT OF AGREEMENT 1 2 3 Subject to the provisions of paragraph (2) of this Article, if either Contracting Party considers it desirable to amend any provision of this Agreement, such amendment shall be agreed upon in accordance with the provisions of Article 18 and shall be effected by an Exchange of Diplomatic Notes.
Amendments agreed upon shall come into effect ,on a date to be determined by the Contracling Parties, which date shall be dependent upon the completion of the relevant internal ratification process of each Contracting Party.

Any amendments to the Annex to this Agreement may be agreed directly between the Aeronautical Authorities of the Contracting Parties.

Such amendments shall enter into force from the date they have been agreed upon.
This Agreement shall, subject to the necessary changes, be deemed to have been amended by those provisions of any international convention or multrlateral agreement which becomes binding on both Contracting Parties.

ART|CLE 21 .

REGISTRATION t his Agreement and any amendments thereto, other than amendments to the Annex, shall be submitted by the Contracting Parties to the lnternational Civil Aviation Organization for registration.
ARTICLE 22 - TERMINATION 1 Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement.

Such notice shall be sinrultaneously communicated to the lnternational Civil Aviation Organization.
ln such case the Agreement shall terminate twelve (12) months after the date of receipt of notice by the other Contracting Pafi, unless the notice to terminate is withdrawn by agreement before the expiry of this period.

30 It(.1, ln the absence of acknowledgment of receipt of a notice of termination by the other Contracting Party, notice shall be deemed to have been received by lt fourteen (14) days after the receipt of the notice by the lnternational Civil Aviation Organization.
ARTICLE 23 _ ENTRY INTO FORCE This Agreement shall be provisionally made effective from the date of initialing and shall enter into force on the day the last written notification is received by diplomatic note confirming that the contracting parties have fulfilled all respective internal procedures required for the eniry into force of this Agreenrent.
lN wlrNEss WHEREOF the undersigned being duly authorized thereto by their respective Governments, have signed this Agreement in duplicate in the.Arabic and English Languages, all texts being equally authentic and each Party retains one original in each language for implementation.

ln the event of any divergence of interpretation, the English text shall prevail.

Done at on this day of .
of the year FOR THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE FOR THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE t I r I 'q I ANNEX ROUTE SCHEDULE Section 1: Routes to be operated by the Designated Airline(s) of the Republic of Moza mbiq ue FRO[4 Any international points INTERMEDIATE POINTS Any Points TO Any Points in The Republic of Sierra Leone BEYOND POINTS Any Points Section 2: Routes to be operated by the Designated Airline(s) of The Republic of Sierra Leone FROM Any Points in The Republic of Sierra Leone INTERMEDIATE POINTS Any Points TO Any international points BEYOND POINTS Any Points Operation of the Aqreed Services 1.
The Designated Airline(s) of both Contracting Parties may, on any or all flights and at its option, operate in either or both directions; serve intermediate and beyond points on the routes in any combination and in any order; omit calling at any or all intermediate or beyond point(s); terminate its services in the territory of the other Contracting Party and/or in any point beyond that tenitory; serve points within the territory of each l2 I I Contracting Party in any combination; transier traffic fronr any aircraft used by them to any other aircraft at any point or points in the route; combine different flight numbers within one aircraft operation; and use owned or leased aircraft.
2.

The Designated Airline(s) of both Contracting Parties are entitled to exercise, in any type of service (passenger, cargo, separately or in combination), full fifth freedom traffic rights to/from any intermediate or be.yond point(s) without any restriction whatsoever.

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