Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698837476105.pdf (Sierra Leone)
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$ |lt \ j./ olIE....'..' ,/s:, i t F IO '^ BILATERAL AIR SERI'ICES AGREEMENT BETWEEN GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE AND GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA ATT,\CHMENT (B) DRAFT AIR SERVICES AGREEN{ENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SAUDI ARABIA AND THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE q, / lt\ I PRIAMBLE The Govemmcnt of the Kingdonr of Saudi Arabia and the Go\.ernment of the Republic of Sicrra Lcone (hereinafier, "the Contractin-e Parties''); Being Parti,-'s to lhe Convention on lnternational Civil .Aviation opened lor signature at Chicago on 7 Decernber.
1944: Desiring to promote an international aviation system based on competition among airlines in the rnarketplace rvith minimum government interference and regulation: Desiring to facilitate the expansion of international air sen ices opportunitics: Recognising that efficient and competitive intemational air senices cnharnce trade, the rvelfare of consumers.
and economic grou'th; Desiring to malie it possible for airlines to olfer llre travclling and shipping public a varie$ of sen,ice options at the lou'esl prices that are not discriminator; and do not represent abuse of a dominant position.
and rvishing to encourage individual airlines to develop and irnplemerrt innovative and cornpetitive prices: and Desiring to cnsure thc highest deggee of safety and securig, in international air sen,ices and reafhnning their grave conccm about acls or threats against the securitv of aircraft.

rvhich jeopardise the safety of persons or property.

adversell' alfecl the operation of air scn'iccs, and undermine public confidence in thc safet)" ol'civil ar.iation.
Have agreed as follorvs: q 1 /, /( ARTICLE I DEFINITIONS For the purpose of this Agreemenl, unless the contex otherwise requires.

the ternrs "Convention" means the Convcnlion on International Civil Aviation opcned lor signature a1 Chicago on thc seventll da1'of Decen-rber.

1944 and includcs anv Annexes and amcndrncnts adopted under Articles (90) and (94) of the Conr,cntion thereol'so lar as those Amexes and amendmc'nts have become etl'ective for or been ratified bv both Contractins Parties: 2.
"Acronautical Authorities" means in thc case of the Govern-rnent of thc Kingdom of Saudi Arabia, the General Authorit).- of Civil Aviatiorl and in the case of thc Govcmment of Republic of Sierra Leone.

the Sierra Lconc Civil Aviation Authorit_v.

in both cases.

any other person or body authorized to perlbrm anv functions presentll' exercised by the said Aeronautical Authorilies: 3.
"designated airline" means an airline, designaled and authorized in accordance with Article 3 (Desi-enation and Authorization) of this Agreement; 4.

"tariff'means the prices to bc paid lor the cariage ol passengers.

cargo and baggage and the conditions under rvhich those priccs apply, including prices and conditions fbr agency and other auxiliary sen-ices but excluding rcmuneration and conditions ftrr the carriage ol' mail; 5.
"territory" in relation to a Statc has the meaning assigned to it in Articlc (2) of the Convention; 6.

"air service".

"hrtemational air serv-ice", "airline" and "stop for non-traffic purposes" have the meaning respectivell' assigned to them in Article (96) ofthe Convention: 7- "Agreement" means this Agreement.

its Anncx and any amendments theretor 8.


"Sohcdule" neans the Schedulc ofthe routes to operate air transportation sen,iccs annexed to this Agrcctncnt and any amendments thereto as agreed in accordance uith the provisions of Article l7 (Cionsultation and Amendment) of this Agrecnrent; 9.

"capacity" in relation to "an aircraft" means the payload ofthat aircraft ar.ailable on a route or section ofa route; 10.

"spare parts" means articles of a repair or replacemcnt nature for incorporation in an aircrafl.
including cngincs: 11.

"regular equipment" means articles, other than stores and spare parts ofa removable nature.

for use on board an aircralt during flight, including first aid and sun'ival equipment; 12.

"facilities and airport charges" rneans charges made to airlines tbr the provision of aircrafl.

their crervs and passengers of airport and air navigation I'acilities, includin-e relatcd scn'iccs and facilities: \/r, l I 3.

"air transportation" mcans the public carriage by aircrafl ol passengers.
baggage, cargo and mail.

separately or in combination.

for remuneration or hirc; 14.

"dorncstic air transportation" is air transportation in rlhich passengers.

baggage.

cargo and mail u'hich are talen on board in a Statc tenitor_v arc destined to another point in that same State's territory: 15.

"international air transportation" is air transportation in u,hich the passengers.

ba_egage.

cargo and nrail which are taken on board in the territorl'olone State are dcstined to another State: 16.
"intermodal transportation" means the public carriagc bl, aircraft and b1- one or more surface modes of transport of passengcrs.

baggage, cargo and mail- separately or in cornbination, for remuneration or hire; I 7.

"ICAO' means the International Civil Aviation Orsanization: and 18.

"code-share" means cooperative marketing arrangements betlveen lwo or more designated airl ines lbr conducting operations.
ARTICLE 2 GRANTING OF RIGHTS Each Contracting Pa(y gmnts to the other Contracting Party thc ri_ehts spccilicd in this Agleement for the purpose oi' establishing and operating scheduled international air services on the routes specilied in the Schedule annexed to lhis Agrccmcnt.

Such scrviccs and routes are hereinafter called "the agreed scn,iccs" and "the specified routes" respectively.

2.

An airline designated by cach Contracting Party shall enjoy exercising.
rvhilst operating an agreed service on a specificd route, the following rights: (a) to fly, rvithout landing, across the territory ofthe other Contracting Party; (b) to make stops in the said territory for non-traffic purposes; and (c) to rnake stops in thc said territory at the points specified for that route in the schedule amexed to this Agreement.

for the purpose of putting dou,n and taking on international tralfic in passengers.

cargo.

baggage and mail.

3.


The exercise of traffic rights in intermediale and bey'ond points specified in the routes schcdule annexed to this Agreement is sub.|ect to the ncgotiation and approval of their AeronauticaI Authorities.

4.

Nothing in paragraphs (l) and (2) of this Articlc shall bc decmed to confcr on the airline(s) ofone Contracting Party the privilege oftaking on.
in the territory ofthe other Contracting Party, passengers, cargo, baggage or mail carried for remuneration or hire and destined for another point in the territory ofthat other Contracting Party.

/'1*/vr / ARTICLE ] DESIGNATION AND AUTHORIZATION Each Contracting Partv' shall have thc right to designate in rrriting and through the diplornatic channels to the other Contracting Partv onc or more airlincs to operate the a-ereed sen ices and to withdrarv or alter such designation.

2.
2.

On receipt ol'such a designation, and ofapplication liom the designated airline, in the form and manner prescribed lbr operating authorization, each Contracting Party shatl grant the appropriatc operating authorization rvith minimum procedural delay.
provided that: a) the airline is and rernains substantially orvned and elfectively controlled by nationals of the Contracting Parw designating the airline; b) tirc Contracting Party desi,enating the airline is in compliance rvith the provisions set forth in Article 13 (Air Safery-) and Article 14 (Aviation Security) of this Agreement: and c) the designated airline is qualilied to meet othcr conditions prescribed under the laws and regulations normally applied to the operation ol intcmational air transport services by the Contracting Party receiving the designation.
d) ri/hcn an airline has been so desig nated and authorized.

it nrav ber:in at anv timc to operate the Aqreed Senices in rvhole or in part.

provided that it complies rvith the aDplicable provisions of the Agreemenl and that a tirnetable is established in accordance rvith Article l5 of this As.reement in resrrect of such services.
ARTICLE 4 WITHHOLDING, REVOCATION AND LIMITATION OF AUTHORIZATION The aeronautical authorities of each Contracting Part,v shall have thc right to rvithhold thc authorizations referred to in A(icle 3 (Dcsignation and Authorization) of this Agreement with respect to an airline designated by the othcr Partl'.

and to revoke.

suspcnd or imposr' conditions on such authorizations, telnporarily or pcnnancntll.
: a) in the e\.ent that they are not satisfied that the airline is and renrains substantially ou.ned and effectively controlled by'nationals of the Contracting Part1" designating the airline; b) in the event of failurc of thc Contracting Part-v designating the airline to comply rvith the provisions set forth Article l3 (Air Safety) and Article 14 (Aviation Security) of this Agreehent; or c) h the event of failure that such designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of intcmational air transport services by the Contracting Parry receiving the designation.
d) Unless imrnediale rcvocation.

sus cnsion- or imoosition of the' conditions rnentioncd in Daragrap h (1) of this Articlc is essential to prcvent infiinq.

'ments of lau s or resulations.

such rieht shall be exerciscd only after consultation rvith the Aeronautical Authoritv ol the other Contractins Pafil'.
as nrovided lor in Anicle I 7 alun 1 ARTICLI 5 FACILITIES AND AIRPORT CHARGES Each Contracting ParS shall designate an airport or airports in its teuitory fbr the use of the designatcd airlinc(s) ol the other Contracting Party on specificd routes and provide designated airline ol the other Contracting Partl rvith colnn)unicari\ c. aviation and rneteorological facilities and other sen,ices necessa4, lol the operation of the agreed services.

2.
2.

Ncither Contractin-q Parg,shall irrpose or permit to be irnposed on the designated airline(s) of the other Contracting Part-v user charges higher than those imposcd on its orvn designated airline(s) operating similar intemational air services using similar aircraft and assoc iatcd facilitics and scn,iccs.

3.

Each Contracting Party may request consultations on user charges.

and an-v changes imposed on such charges.


ARTTCLE 6 EXEMPTION FROM CUSTOMS AND OTHER DUTIES l. Aircralt of the designated airline(s) of one Contracting Partv operating international services as rvcll as supplies of fuel.

Iubricating oils.

other ctxrsumable technical strpplies.

spare parts, regular equipment and stores retained on board shall.
upon arriving in or leaving the territory of the other Contracling Parq,, be exempted on the basis of reciprocig' lrom customs duties, and taxes inspection fees and other similar duties or charges.

provided such equipnent and supplies remain on board the aircraft up to such time as they rc-cxported or are used or consurned by such aircraft on flights o1,er that tcrritory.
2. l'here shall also be exemption, on the basis of reciprociry, from the samc duties, fees and charges, with the exception ofcharges corresponding to the service pcrfornrcd: (a) aircrall stores taken on board in thc tcrritory of a Contracting Partv, rvithin airport boundaries and, rvithin limits tixed by the authorities ol' the said Contracting Party, and for use on a board outbound aircraft engaged in an intemational air sen'ice ofthe other Contracting Partyi (b) spare parts entered into the tcrritory of eilhcr Contracting Parr1.
within airport boundaries and for the mainlenancc or repair of aircraft used on international air services by the designated airlines ofthe other Contracling Party: (c) fuel and lubricants to supply outbound aircraft opcrated on intemational services by the airlines designated by the other Contracting Party, even rvhen these supplies are to be used on the part of the joumey performed over the territory ol the Contracting Party in rvhich they are taken on board.

3.
3.

Materials referred to in paragraph (2) above ma1, be placed under the supcn ision or control ol the Customs Authorities up to such time as they may be re-exporled or othenvise disposed of in accordance rvith custorns regulations.

4.

There shall also be exemptior.r from all custonrs duties and taxes on a rcciprocal basis fbr official docuntents bearing the badge of the airline such as luggage tags.

air tickets, airway + 5 / I I I I I bills.

boarding cards.
boarding cards.

and timetables imported into thc tL.rriron, ol either Contracting Parg., for thc exclusive use by the designated airline ofthc other Contracting Part\.

ARTICLE 7 PRINCIPLES GOVERNING OPERATION OF THE AGREED SERVICES The designated airline(s) of the 1r,r,o Contracting Parties shall be afforded fair and cqual opportunity in the operation of the agreed services on the specified routes.

2.
2.

In operating the agreed sen'ices, tlre designated airline(s) of each Contracting Party shall take into account the interests ofthe airlinc of the other Contracting Partl'so as not to affect unduly the services.

rvhich the latter provides on the rvhoie.

or pafl ofthe same roules.

3.

The agreed senices provided by the designated airline(s) of the Contracting Parties shall have as, their primary objective the provision.
at a reasonable load factor of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers, cargo, baggage and rnail bel.ll'een the territory of the Coltracting Part,' designating the airline and the territory of the other Contracting Parry*.
Provision for the carriage of passcngers and cargo including mail both taken on board and discharged at points on the specified routes in the territories of'states other than that designatin-e the airline shall bc agreed betrveen the hvo CoDtracting Parties since capaciq,is rclated to: (a) traffic requirements to and fronr the territory oltlre Contracting Party.

lvhich has desiglated the airline; (b) traf'1ic requirenrents ofthe area through u,hich the agrccd service passcs.
aftcr taking account ofother transport sen,iccs cstablishcd by airlines olthe stales comprising the area: (c) the requirements ofthrough airline operation.

4. ln ordcr that the designated airline(s) to bc afforded fair and cqual treatment, the frequency of the serviccs and their capaciry, as uell as the flight schedulcs shall be subject to approval by the Aeronautical Authorities of the r*-o Contracting Parties.

This requirement should also be met in case ofany change concerning the agreed services.

5.
5.

The Aeronautical Authorities of the 1wo Conlracting Parties should.

if neccssary, cndeavour to reach a satisfactory arrangement regarding flight schedules.

capacity and frequencies.

ARTICLE 8 APPROVAL OF TIMETABLES The designated airline(s) of either Contracting Parfy- shall, not later than sixty (60) days prior to the date of operation of any agrced service(s), submit its proposed time-tables to the Aeronautical Authorities of the other Contracting Party lbr approval.
Such timetables shall include the typc of sen'ice and aircraft to be used, thc flight schedule and any other relevant infonnation.

l'his shalt.

likervise.

apply to any subsequent changes.

In special cases, this time limit ma-v be reduced subject to thc approval of the said Authorities.

* 6 I I ,ARTICLE 9 SUPPLY OF STATISTICS The Aeronautical Authorities ol- either Contracting Partl shall suppll the Aeronautical Authorities of the other Contracting Part1.. at their request.
s.ith such inlorrration and statistics relating to the traffic carricd on the agreed scrvices hy thcir designated airlines 1o and lrom the territory ol'the other Contracting Part1, as ma1' nornrally be prepared and submitted by the designated airline(s) to its Aeronautical Authorities.

Such data shall include details on volumc.

distribution.

origin and destination ol'the trall-rc.


Any additional statistical trafllc data u'hich the Aeronautical Authorities of the Contracting Parg, may desire from the Aeronautical Authorities of the other Contractin_q Party shall, upon requesr, be a subjecr of mutual discussion and agreement betu,een the huo Contracting Parties.
ARTICLE IO APPLICABILITY OF LAWS AND REGULATIONS The larvs and regulations of one Conlracting Part), shall appli' to the navigation and operation of the aircraft of the airline(s) desi,snated by the other Contracting Parry" during entry into, stay in and departure liorn the territory of the other Contracting Pa4v.

2.

The larvs and regulations ol one Contracting Part1, -eoverning entry into.

staf in rmd departure from its territory of passengers.
ba-egage, crew, cargo or mail such as forrralities regarding entry.

exit.

emigration.

irnmi-aration.

customs.

currency, health and quarantine shall apply to passengers, crerv, cargo and mail carried b1' the aircraft of the designated airlinc of thc othcr Contractin,s ParrJ* lvhilc thcy arc rvithin the said territorl'.

3.

Each Contracting Parry- shall.

upon request, suppll the olher Parq, il rth copies of the relcvant larvs and rcgulations referred to in this Article.

4.
4.

Neither Contracting Parg' rnay grant an)' preferencc to ils o'tvn airlinc u'ith rcgard to the desigrated airline of the other Contracting Partv in the application of the larvs and regulations provided for in this Article.

ARTICLE 11 TRANSFER OF EARNINGS 1 .


Each Contracting Parry- granls to the designated airline(s) of the other Contracting Party the right of flexible transfer, in accordance with the national laws and regulations of the Contracting Party in the territory of rvhich the revcnuc accrued, in connection *'ith rhe carriage ofpassengers, mail and cargo.

No charges other than nonnal bank charges shall be applicable to such transl'ers.

2.
2.

If a Contracting Partf imposes restrictions on the transl'er of re\enuc accrued b1' the designated airline(s) of the other Contracting Party.

the latler havc' thc right to irnpose reciprocal restrictions on the designated airline ofthat Contracting Partl'- ARTICLE 12 II,-ECOGNITION OF CERTIFICATES AND LICENSES * 7 / 1.

Certificatcs of ainvordriness.

ccrtificates o['competcncy' and licenses issued or rendered valid by one Contracting Par5.
'and still in force shall be recognized as valid by the other Contracting Parg' for the purpose ol operating the agreed sen,ices provided that the requirenrents under rvhich such certificates and Iicenses rverc issued or rendered valid are equal to or above the minimum standards u,hich may be established pursuant to the Convention.

I-lowever, each Contracting Part_v rcserr cs thc right lo refirse to recognizc for the purpose of flights above or landing u'ithin its orvn tc'rritory.
ccrtificatcs of compelency and licenses granted to its orvn nationals by the other Contractin-s Part-v. 2- If the privileges or conditions of'lhe licences or ccrtificates relered 1o in paragraph (l) above, issued by the acronautical authorities ol'onc Contracting Pa4v to an)' pcrson or designated airline or in respect ol an aircraft used ill the operation of thc agreed serviccs.
should pcrmit a differcnce from the minimum standards established under the Convention, and lvhich difference has been filed u,ith the Intcmational Civil Aviation Organization.

the other Contracting Party may request consultations bctrveen the aeronautical authorities with a vies,t'o clarifuing the practice in questiorr.
ARTICLE I3 AIR SAFETY Each Contracting Party maj- request colrsultations at any time conccrnins the safety standards maintained by the other Contracting Party in areas relating to aeronautical t'acilities.

flight creu,.

aircrali and the operation of aircraft.

Such consultations shall take place u'ithin (30) thirty days oldrat request.

If.
If.

follorving such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and adrninister safet_y standards that meet the Slandards established at thal time pursuant to the Convcntion, the other Contracting Party shall be informed ofsuch findings and of the steps considcrcd necessar)'to confonn rvith the ICAO Standards.

The other Contracting Party shall lhen takc appropriate corrective action \\,ithin ( I 3) thirteen days or an agreed lime period.

2.
2.

Pursuant to Article (16) of the Convention.

any aircraft operated.

or anl aircraft shich its ou,nership docs not belong to the designated airlincs of cither of the Contracting Partf in accordzrnce with the designation provision of this Agreement and is utilized to conduct air sen,iccs operation in accordance rvith thc provision of this agreement to and front the territory of the other Contracting Part-v, be thc subject of a search b1' the authorized representatives of the other Contracting Party.
Nohvithstanding the obligations mentioned in Article (33) ofthe Convention.

the purpose of this search is to veri!

the validity ofthe rclevant aircraft documentation, the licensin-s of its crerv, and that the aircraft equipment and the condition of the aircrafl conform to the staxdards established at that time pursuant to the Convention, provided this does not cause unreasonable delay in the operation of the aircraft.

3.

When an urgent action is essential to ensure the safcty of an airl.ine operation.
each Contracting Partl,reserves the ri_ehr to immediatell, suspend thc opcrating aulhorization ol an airline or airlines of the other Contracting Parry.

4.

Any action by one Contracting Party in accordance r.vith paragraph (3) above shall be discontinued once the basis ofthe taking ofthat action ccases to exist.
3 /') 7*, ART ICLE I4 A\TIATION SECURITI l. The Contracting parties reaffinn that rheir obtigarion to each other to protect the secttritl'of civil aviation againsl acts of unlarvlul interlerence forms an intcgral part ol this Agreement.

Without lirniling thc generality of their rights and obligations under international la*'the Contracting Panies shall, in particular.
act in conformity to the provisions of the Convention of Ofl'ences and Certain Other Acts Committed on Board Aircraft signed at Tokyo on l4 September 1963, lhe Convention for the Suppression ol Unlarvful Seizure of Aircraft signed at the Haguc on l6 Deccmbcr 1970 and the Convention f'crr the Supprcssion of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23 Septcmber l97l and the Supplementarl' Protocol for the Suppression of Unlarvful Acts of Violence at Airports Serving Intemational Civil Aviation.
si_ened at Montreal on 24 Fcbruary 1988 and the convention on the raarkin-g of plastic explosives for the purpose of cletection.

done at Montreal on I March 1991. as u'ell as any othcr convcntion or protocol rclating ro civil aviation security rvhich both Conlracting Parties adhere to.

2.

The Contracting Parties shall provide upon request all necessary assistancc to each other to prcvent acts of unlarvlul seizure ol civil aircrall and other unlarvlul acts againsl the safety of such ajrcraff.
their passengers and crerv.

airports and air navigation facilities, and any other tlreat to the securiqv of,civil aviation.

3.
The Contracting Parties shall, in their mutual relations, act in conformiw to the aviation securiq provisions established by the Intemational Civil Aviation Organization and designated as Annexes Lo the Convention 10 the extent that such securitl, provisions are applicable to the Contracting Parties: they shall require that operators o1'aircraft of their rcgistry or opcrators ol'aircraft ryho have their principal placc of busincss or permancnt residence in their territory and the operators oiairpons in their territory acl in confonnity Io such aviation security provisions.
4.

Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation securitl' provisions referred to in paragaph (3) above required b-v the other Contracting Party for cntry into.

dcparhlrc frotn.

or rvhilc rvithin thc teritory of that other Contracting Partl'.

Each Contracting Party shall cnsure that adequate measures are effectively applied rvithin its territory to protect the aircrafl and to ir.rspect passengers.
crc\\,, carr),-on items, baggage, cargo and aircraft stores prior to and during boarding or loading.

Each Contracting Part-v shall also give sympathetic consideration to any request tiorn the other Contracting Part1, for reasonable special securily measures to meet a particular threat.

5.

When an incident or threat ol an incident of unlarvful seizure of civil aircralt or other unlar,r,ful acts against the safer-v of such aircraft.

occurs to their passengers and crerv.


ailport or air navigation facilities, the Contracting Parties shall assist each orhcr by facilitating communications and odrer appropriate nleasures intended to terminate rapidly and safell, such incident or l.hreat thereof.
ARTICLE I5 AIRLINE COMMERCIAL REPRESENTATION /) 9 I tT Thedesignatetlairline(s)oI-oneContructingPart),shallbeentitled.rnaccordancervjlhlhe rrr*--ir.-"rr"tions lelaring io tntry' "'ii"n"" an<l cmplovment ol the other Contractrng Parr)-, to bring in and ,rainruin in'tt'" t"t'itory of the oihei Contracting Part-v those of its oi,.

.

"r"e..Lr, rechnical.

of.


*ionur a',d oiher spccialist stafT rvho arc required lor lhe provisions ofthe present alr sen:lces' These stalT requircnents nray' at thc ontion of the designared airline or airlincs of one coiiiu.tirg part),, be satisficd by, its own personnel or by usin-e the services of any other organizatioin.

company or airline operating in the territory of the other Contracting Parry" and authorized to perform such services for olher airlines.
'l The representatives and staff shall be subject to the larvs and regulations in force of the other Contracting Party.

and consistent with such larvs and regulations: a) each Contracting Partv shall.

on thc basis of reciprocity and tvith the minimum of delay.
grant the necessary cmployment authorizations, visilor visas or other similar documents to the represertatives and staff referred to in paragraplr (l) of this Article: and b) both Contracting Parties shall facilitatc and expedite the requirement o1'ernplolrnent authorizations for personnel performing certain temporary duties.

AITTICLE I6 TARIFFS 1.

The tariffs to be charged by the designated airline(s) of the Conlracting Pa(ies for the a_{reed services shall be established at reasonable levels.
due regard bcing paid to all relevant factors including cost of operation.

reasonable profit, characteristics of service and the tarifls of the other airlines operating scheduled services over the rvhole or part of the same roules.

2.

'l-lre tariffs refered to in paragraph (l) of this A-rticle shall.

ifpossible, bc determined on the basis ofthe forces ofsupply and dernand in the rnarket.

3.
3.

The tariffs irnplemented shall be filed to the Aeronautical Authorities of both Contracling Parties for record keeping purposes and proper rcaction against any unlair compelitive behavior in the market.

4.

If any dispute arises betu,een the designated airline(s) of either of the Contracting Pafiies due to unfair competitive practice in the market related (o tariff implications.

it should be settled in accordance rvith thc provisions of Article 33 (Settlement of Disputes) of this Agreement.

5.
5.

The Contracting Parties shall endear.or to ensure that active and effective n.rachinery exists u,ithin their jurisdictions to investigate violations by any airline.

passenger or frcight agent, tour organizcr.

or freigJ-rt fonvarder.

ol tariffs establishcd in accordance $ith this Article.

They shall furthermore ensllrc that thc violalion of such tarill!

is punishable by deterrent measures on a consistent and non-discrirninatory basis.
/'-l .10 / ARTICLtr I7 CONSL]LTATION AND AMENDMENT In a spirit of close co-operation, flle trvo Colrtracting Panics or thr.

'ir Aeronautical Authorities shall cor.rsult each othe-r from timc to timc \\ ith a vics to cnsuring thc implementation of and satisfactorl, compliance *'ith the provisions ol'thrs Agreenrent and Annex thereto.

2.

Il either Contracting Party considers it desirable to amend any o[ the provisions of Lhis Agreement.

it may request consultation rvith the other Contracting Pag'.
Such consultation shall begin within a period of sixty (60) days fiom the date of the requcst.

Any arnendments so agreed shall come into lbrce u'lten thel.

have been conlinned by an exchange of diplouraric notes lbllorving completion of the constitutional or othenvise required procedures.

3.

Arnendmcnts relating onll'to the provisions of the annexed Schedule may be agreed upon between the Aeronautical Authorities of both Contracting Parties.
Such arnendments rvill becorne effective as soon as they arc approved by both Aeronautical ,Authorities.

ARTICLE I8 SECURITY OF TRAVEL DOCUMENTS Each Contracting Partv agees to adopt lneasures to ensure the securir_v" of their passports and other traveI documents.

2.

In this regard.

each Contracting Party agrees to establish controls on the lau lul creation.

issuance, verification and use of passports and other lravel docurnents and identity documents issued by.
or on behalfof, that Contracting Part,v.

3.

Each Contracting Party also agrees to establish or improve procedures to ensure that travel and identitl, documenls issucd by it are of such quality that thcy cannot easily be misused and cannol readily bc unlarvl'ully altcrcd- replicated or issued.

4.

Pursuant to the objectives above, each Contracting Pa4v shall issue their passports and other travel documents in accordance rvith ICAO related Documents and Regulations.

5.
5.

Each Contracting Party furthcr agrees to exchange operational infonnation regarding forged or counterfeit travcl documcnts, and to coopcratc rvith thc othcr to strcnglhen resistance to travel document fraud, including the lbrgery or counterleiting ol travcl documents, the use of forged or counterfeit travel documents, the usc of valid travel documents by irnposters, the misuse of authentic travel documents by rightful holdcrs in furtherance of the commission of an offence.
the use of expired or revoked travel documents.

and the use olfraudulently obtained travel documents.

ART|Ct.E 19 INADMISSIBLE AND UNDOCUMENTED PASSENGERS AND DEPORTEES l. Each Contracting Party agrees to establish effcctive border controls.

2.

In this regard.
2.

In this regard.

each Contractin_s Party agrees to Recommended Practices of Annex 9 (l'acilitation) implernent the Standards and (o thc Convention concerning .ll / a ,4, inadnrissible and undocurncntcd passengers and depoflees in ordcr to cnhtrnce cooperation to combat ille_eal rnigration.

3.

Pursuant 1<r the objecti\,cs abovc, each Contracting Par1l agre..s to issur-.

or to accept.

as the case may be, the letler relatilg to "liaudulent.
lhlsified or counterfeit travel docurnents or genuine documents presented b), imposters" se1 ou1 in Anncx 9 (Facilitation) of the Convention.

rvhen taking action undcr relcvant para-s.raphs ol Chaptcr 3 of tbe Annex regardin-e the seizure of fiaudulent, falsitled or countcrl'eit travel docunrents.

ARTICLE 2O DIRECT TRANSIT Passengers.


baggage and cargo in direct transit through the tcrritory ol'any Contracting Party and not leaving the area of the airport resen'ed for such purpose shall not undergo ant- examination excepl for reasons of aviation securiq', narcotics control.

prevention of illcgal entry or in special circurnstances.

In this regard, baggagc and cargo in direct transit shall bc exempt lrom any customs duties.
Each Contracling Party agrees: ARTICLE 2I FAIR COMPETITION a) that each designated airline shall havc a fhir and equal opportunitl' to compete in providing the inlernational air lransportalion e.overned by the Agreernerrl: and b) to takc action to eliminate all forms of discrimination or unlair cornpctitive practices adversely affecting the competitive position of a designated airline of the othcr Contracting Party.

ARTICLE 22 SAFEGUARDS 1.


The Contracting Parties agree that the follos'ing airline practices ma1, be regarded as possible unfair competitive practices that may rncrit closer examinalion: a) charging lares and rates on routcs at lcvels lr'hich are, in the aggegate.
insufficient to cover the costs ofproviding the services to rvhich they relate; b) the addition ofexcessive capacit-y or frequency of sen'ice; c) the practices in question are sustained rather than lempora1/: d) the practices in question have a serious negative economic effcct on, or cause significant damage to.

anolher airline: e) the practices in question ret'lect an apparent inlent or have the probable effect, of crippling, excluding or driving another airline from the market.

2.
2.

If the aeronautical authorities of one Contracting PaS consider thal alt operation or operations intended or conducted b1' the designated airline of the other Contracting Pary- may constilule unfair competitive behaviour in accordance $.ith tlre iudicators listed in /^r :rt// .12 paragraph (l) of this Article.

the) ma) request consultation in accordancc l,ith Article 17 (Consultation and Amcndment) of this Agree:nent rvith a vicrv to rcsolving thc problcm.
Any such requcst shall be accompanied b1' notice o1'the reasons lor the request.

and the consultation shall begin rvithin fifteen (15) da1,s ofthe lequest.

3. lf the Contracting Padies lail to reach a resolulion oi the problern tlrough consultations.

ejther Contracting Pariy- nray invoke the dispute resolution mechanisur under Article 33 (Settlement oldisputes) of this A_erccmcnt to rcsolvc thc disputc.
ARTICLE 23 COMPETITION LAWS The Contracting Parties shall infom each other about their competition larvs, policies and practices or changcs thereto, and any particular objectives thereof.

rvhich could affect the operation of air transport services under this Agreenrent and shall identifo the authorities responsible for their implementation.

2.

The Coritracting Parties shall.


to the extent pennittcd under tl.reir orvn larvs and regulalions, assist each othcr's airlines by providin_u guidance as to the conlpatibiliry* of any proposed airlinc practice rvith their competition Iarvs- policies and practices.

3.

The Contracting Parties shall notill'each other rvhenever tlrey consider lhat there rnay be incompatibilig, between the application of their competition larvs.
policies and practices and the matters related to the opcration ol this Agrcemcnt: thc consultation process contained in Article 17 (Consultation and Amendrnent) of this Agreement shall.

if so rcquestcd b1, cither Contracting Pa4,.

be used to determine rvhether such a conflict exists and to seek rva_v-s of resolving or minimizing it.

4.

In the event that agreement is not reached, in implernenting cornpetition larvs.
policies and practices, each Contracting Partv shall give full and sympathetic consideration to the viervs expressed by the other Contracting Partv and shall have regard to international comity.

moderation and reslraint.

ARTICLE 24 SALE AI\TD MARKETING OF AIR SERVICE PRODUCTS 1.
Each Contracting Party shall accord the desigrated airlines ofthe othcr Contracting Paqv the right to sell and market intemational air sen,ices and rclated products in its territory (directly or through agents or other intermediaries of the designated airline's choice).

including the right to establish offices, both on-line and off-line.

2.

Each airline shallhave the right to sell transpo(ation in the curency ofthat territory or, at its discretion.
in freely convertible currencies of other countries, and any' person shall be free to purchase such transponation in currencies accepted by that airline.

ARTICLE 25 CHANGE OF GAUGE Each designaled airline may on any or all flights on the agreed sertices and at ils oplion.
change aircraft in the territory of the other Contracting Party or at anl point along the specified routes, provided that: a) '\,rr 13 / a) aircraft used beyond the poinl ofchangc of aircrali shall be scheduled in coincidcncc rvith the inbound or outbound aircraft.
as the case may be: and b) in the case of a change of aircrafl in the territory of the other Contracting Party and rvhere more than one aircrafl is operated beyond the point of changc, not tnore than one such aircralt may be of equal sizc and none mav be larger than the aircraft used on the third and fourth freedorn sector.

2.

For the purpose of change of gauge opcrations.

a designatcd airline nrav usc ils o\\,n equiprnent and.

subject 1o national regulations, leased equipment.


and ma) operate under comrnercial arrangemcnts q'ith another airline.

3.

A designated airline may use difl'erenl or identical flight nunrbers for the sectors of its change of aircraft operations' ARTICLE 26 cnoEffiEffiEirNc Subject to applicable safery provisions, including ICAO Standards and Recommended Practices contained in Annex 6 of the Convention, the designated airline may choose from arnong compcting providers of ground handling sen,ices.
ARTICLE 27 CODESHARING/ COOPERATIVE ARRANGEMENTS When operating or holding out the agreed senices on the specilied routes.

the designated airline of one Contracting Party.

l,hellier as the opcrating or marketing airline may, subject to the laws or regulations madc pursuant to those larvs of tl.re Contracting Parq.'
rlesignating it, enter into cooperalive marketing arrangements, including but not limited to, joint vcntures, blocked space or code sharing s,i1h: a) an airline or airlines ofeither Contracting Partv.

b) an airline or airlines ot'a third country.

c) designated airline or airlines on domeslic routes The arrangements mentioned in paragraphs (b) and (c) are subject to approval of the other Contracting Part;'.

2.
2.

The entitlements set out in paragraph (t) ol'this Article rnal- be exercised onl;- rvhere: a) all such airlines hold appropriate traffic rights and/or authorizations ro operate on the route and segments concemcd; and b) in respect ofany tickets sold, the airline makes it clear to the purchaser at the poinl ofsale that it is a codeshare service, rvhich airlinc rvill acrually'opcrate each sector of the service and rvith thich airline or airlines the purchaser is entering into a contractual relationship.
3.

The capacity offered by a designated airline as the marketing airline on scnices operated by other airlines shall not be counted against the capacity entitlements ol the Contracting Party designating the marketing airline.

q, ARTICLE 28 AIRCRAFT LEASING 14 / l. Either Contracting Party may prevent the use of leased aircraft for ser-r'ices under this A-ereement rvhich does not comply' rvith Articlcs I 3 (Air Safeq') and 14 ( Aviation Sccuritl ) of this Agreement.

2.

Subjcct to paragraph (l) above.


the desi-snated airlines of each Contracting Parq'ma1' provide sen'ices under this Agreement b-v: a) using aircraft dryJeased from any airlines; b) using aircraft lvet-leased from other airlines olthe same Contracting Party; c) using aircraft wet-leased fi'om airlines ofthe other Contracting Party; and d) using aircraft rvet-leased from airlines ofthird countries.

Provided that all airlines participating in the arran-sements listed in b).
c) and d) abolrc, hold the appropriate authorization and meet the requirements nomrallv applied to those arrangements.

3.

Nonvithstanding paragraph (2) d) above.

the designated airlines oleach Contracting Partl may provide services under this Agreernent by using aircraft rvet-leased on a short-tenn, ad hoc basis from airlines ofthird countries.

ARTICI,E,29 INTERMODAL SERVICES Each designated airline may employ their own or use others services for the surface transport ofpassengers and/or air cargo.
ARTICLE 30 COMPUTER RESERVATION SYSTEMS (CRS) Each Contracting Partl, shall apply the ICAO Code of Conduct lor thc Rcgulation and Operation of Computer Reservation Systems u,ithin its terrilory.

ARTICLtr 31 ENVIRONMENTAL PROTECTION The Contracting Parties support the need 10 protecl the envirorunent by promoting the sustainable development of ar.iation.
The Contracting Parties agree rvith regard to operations behveen their respective territories to comply with the ICAO Standards and Recommended Practices (SARPs) ofAnnex l6 and the existing ICAO policy and guidance on environmental protection.

ARTICLE 32 BAN ON SMOKING Each Contracting Party shall prohibit smoking on all flights carry,ing passengers bL-t\\,een the territories ol the Contracting Parties.
This prohibition shall appll to all locations rvithin the aircraft and shall be in effcct from the time an aircraft commences enplanement of'passengers to the time deplaning of passen-erers is completed.

2.

Each Contracting Parqv shall takc all measures that it considers rcasonable to secure compliance by its airlines and bl,their passengers and crerv members with the provisions of this Article, including the inrposition of appropriate penalties for non-compliance.
l5 ,( 4 ARTICLE 33 SETTLEMENT OF DISPUTES l. If any dispute arises betrveen the Contracting Parties relaling to the interpretation or application of this Agreeraent and its Anncx the Clontracting Parties shall in the tirst placc endeavor to settle it by negotiation.

2.

If the Contractin-s Parties fail to reach a settlenent bl negotiation.

they ma)' agree to refer the dispute for an advisory opinion to sorne percon or body.

3.
3.

If the Contracting Parties Fail to reach a setllement pursuant to paragraphs (1) and (2) abovc, either Contracting Party may refer the dispute to an arbitral tribunal of tkee arbitralors.

two of rvhom to be nominated by the Contracting Parties aud one umpire.
In casc the dispute is referred to arbitration, each of the Conlracting Parties shall norninate an arbitrator rvithin a period of sixty (60) dal,s l"rom the date of receipt a notice through diplornatic channels in respect of reference of the dispute to arbitratjon and the umpire shall be appointed rvithin a further period of sixq' (60) days fronr the lmt appointrnent by lhe two so nominated.

If c'ither Contracting Partl fails to nominate its arbitrator n'ithin the specified period.
or nominated arbitrators fail to agrec on the urnpirc rvithin the said period.

the Presidcnt of the Council oFthe Intenrational Civil Aviation Organizalion ma1 be requested by either Contracting Part-v to appoint the arbilrator of failing Contracting Partv or the urnpire as the case may require.

Horvever, the umpire shall be a national ofa stale having diplomatic relations with both Contracting Partics at the tinte of tbe appointment.

4.
4.

Jn the case of the appointmcnt ol' thc umpire by the Presidenl ol'the Council of International Civil Aviation Organization.
ilthe Prcsidsnt ofthe Council of International Civil Aviation Organization is prevented frorn canTing out thc said lunction or if he is a national of either Contracting Part)', the appointment shall be made b1'thc Vice President and if the Vice President is also prevenled from carrying out the said function or iIhe is a national of either Contracting Pa(y, thc appointrnent shall be rnadc b1' senior member of the Council s.ho is not a national of cithcr Contracting Pa4".

5.
5.

Subject to other provisions agreed by the Contracting Pa(ics.

the arbitral tribunal shall deterniine its procedure and the place ofarbitration.

6.

The decisions ofthe arbitral tribunal shall be binding for the Conlracting Parties 7. the expenses of the arbitral tribunal, including the fees and expenses of the arbitrators shall be shared equally by the Contracting Parties.

including any expenses incurred by (ICAO) Council.


ARTICLE 34 CONF'ORMITY TO MULTILATERAL CONVENTIONS OR AGREEMENTS This Agreement and its Anncx u'ill bc amendecl so as to confonrr to anl nrultilateral conventions or Agreements, rvhich may become binding upon the C.ontracting Parties.

.t6 ,r'L4 : -I ARTrcl,qss TERMINATION l. Either Contracting Parly may, at any time, give riotice in writing and through tle diplomatic charmels 1o the other Contracting Party of its deoision to terirrinate this Agreement.
Such notice shall simultaneously be cornrnunicated to the lntemational Civil Aviation Organization.

2.

In,such case ttre Agreemert shall terminate -trvelve (12) months after the date of receip of the notice by the ofher Contracting Party, unless the notice to terminate is withdrawn by mutual agreement before the expiry of this period.
In the absence of acknou4edgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of t}le notice by the Intemational Civil Aviation Organization.

, ARTTCLE36 nrcrsrffiI-oxwrrHrcAo This Agreement and any amendments thereto shall be regisered with the International Civil Aviation Organization.
ARTICLE 37 ENTRY INTO FORCE This Agreement shall enter into force on the date of the last notification ftrough diplomatic notes by either Contracting Parq, to the other Contracting Party that it has fulfilled the necessary measures in accordance w-ith its laws and regulations for the enky into force of this Agreem€nt.
In witness whereof the undersigned plenipotentiaries being duly authorized .b.y theii reqrective governinents, have signed this Agreemenl The Route Schedule is an iotegral part of this Agreemenl Done in AH, in nvo original copies, in the Arabic and English languages, both texts being equally authentic and each Contracting Party retains one original in each language for implementation.
AD, corresponding to _ on For theicovemment of Ihe K;lgdom of Saudi Arabia For the Govemment of the Republic of Siena Leone * ,t7 + / Route Schedule ANNEX Section (1) 1}e designated airline or airlines olthe Kingdour of Saudi Arabia shall be entitled to operate scheduled intemational air services in both directions on the routes specified hereafter: Intermediate Points Points in the lLcpu blic of Sierra Leone Points Beyond Anv Points An1, Intcrnational Points I An1 Points Points in the Kingdom of Saudi Arabia Any Points in thc Kingdom of Saudi Arabia Section (2) The designated airline or airlincs of the Republic of Sierra Leone shall be entitled to operate schcduled international air scn,ices in both directions on the routes specified hcrcafter.
Points in the Republic of Sierra Leone Any Points Republic of Sierra Leone Intermediate Points Anv Points Points in the Kingdom of Saudi Arabia Any Intemational Points I I I I Points Bcyond Ani Points Section (3): Noles on the routes to be operated by the designated airline(s) ofboth Contracting Parties.

i. Intemrediate points and points beyond on any of the specified routes ma.v.

.
.

at the option of the designated airline(s), be omitted on anv or all flights, provided that any service either begins or tenninates in the territory olthe Contracting Pag, designating the airline(s).

2.
2.

Each designated airline(s) may sene intemrediate points and points beyond specitied in the Annex of the present Agreement on condition that fifth freedom trallic rights shall be exercised betlveen these points and the teritory of the other Contracting Parq,, if an agreement to that effect is made between thr: two Contracting Parties.

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l8 I