AGREEMENT BETWEEN JAPANAND THE KINGDOM OF CAMBODIA
FOR AIR SERVICES

AGREEMENT BETWEEN JAPANAND THE KINGDOM OF CAMBODIA
FOR AIR SERVICESThe Government of Japan and the Government of theKingdom of Cambodia,
Desiring to conclude an agreement for the purposes of
establishing and operating air services between and beyond
their respective territories,
Being parties to the Convention on International Civil
Aviation opened for signature at Chicago on December 7,
1944,
Have agreed as follows:
ARTICLE 1
1.
For the purposes of the present Agreement, unless thecontext otherwise requires:(a)the term “Convention” means the Convention on
International Civil Aviation opened for signature
at Chicago on December 7, 1944, including any
Annexes adopted under Article 90 of that
Convention and any amendment made to theConvention or its Annexes under Articles 90 and
94 thereof;(b)

the term “aeronautical authorities” means, in thecase of Japan, the Minister of Land,
Infrastructure, Transport and Tourism and any
person or body authorised to perform any
functions on civil aviation at present exercisedby the said Minister or similar functions, and,in the case of the Kingdom of Cambodia, the State
Secretariat of Civil Aviation and any person or
body authorised to perform any functions on civil
aviation at present exercised by the said
Secretariat or similar functions;(c)the term “designated airline” means an airline
which one Contracting Party has designated by
written notification to the other Contracting
Party for the operation of air services on theroutes specified in such notification, and towhich the appropriate operating permission has
been given by that other Contracting Party, in
accordance with the provisions of Article 3 ofthe present Agreement;

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(d)

the term “territory” means a territory as definedin Article 2 of the Convention;(e)the terms “air service”, “international air
service”, “airline” and “stop for non-traffic
purposes” have the meanings respectively assigned
to them in Article 96 of the Convention;(f)

the term “Schedule” means the Schedule to thepresent Agreement or as amended in accordancewith the provisions of Article 17 of the present
Agreement;(g)the term “specified route” means any of theroutes specified in the Schedule; and(h)the term “agreed service” means any air service
operated on the specified routes.

2.
The Schedule forms an integral part of the present
Agreement, and all reference to the “Agreement” shall
include reference to the Schedule except where otherwise
provided.
ARTICLE 2
Each Contracting Party grants to the other Contracting
Party the rights specified in the present Agreement,
particularly to enable its designated airlines to establish
and operate the agreed services.
ARTICLE 3
1.
The agreed services on any specified route may be
inaugurated immediately or at a later date at the option of
the Contracting Party to which the rights are granted under
Article 2 of the present Agreement, subject to theprovisions of Article 11 of the present Agreement, and not
before:(a)the Contracting Party to which the rights havebeen granted has designated an airline orairlines for that route; and(b)

the Contracting Party granting the rights has
given the appropriate operating permission inaccordance with its laws and regulations to theairline or airlines concerned; which it shall,subject to the provisions of paragraph 2 of this
Article and of paragraph 1 of Article 7, be boundto grant without delay.

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2.
Each of the airlines designated by either Contracting
Party may be required to satisfy the aeronauticalauthorities of the other Contracting Party that it isqualified to fulfil the conditions prescribed by the laws
and regulations normally and reasonably applied by thoseauthorities to the operation of international air services.
ARTICLE 4
1.
The airlines of each Contracting Party shall enjoy thefollowing privileges in respect of their international air
services:(a)to fly across the territory of the other
Contracting Party without landing; and(b)

to make stops in the territory of the other
Contracting Party for non-traffic purposes.

2.
Subject to the provisions of the present Agreement,
the designated airlines of each Contracting Party shallenjoy, while operating an agreed service on a specified
route, the privilege to make stops in the territory of theother Contracting Party at the points specified for thatroute in the Schedule for the purposes of discharging andof taking on international traffic in passengers, cargo andmail separately or in combinations.
3.
Nothing in paragraph 2 of this Article shall be deemed
to confer on the airlines of one Contracting Party theprivilege of taking on, in the territory of the other
Contracting Party, passengers, cargo or mail carried for
remuneration or hire and destined for another point in the
territory of that other Contracting Party.
ARTICLE 5
The charges which either of the Contracting Parties
may impose, or permit to be imposed, on the designatedairlines of the other Contracting Party for the use of
airports and other facilities under its control shall bejust and reasonable and not higher than would be paid forthe use of such airports and facilities by the airlines ofthe most favoured nation or by any national airline of theformer Contracting Party engaged in international air
services.

- 3 -ARTICLE 6
1.
Fuel, lubricating oils, spare parts, regular equipment
and aircraft stores retained on board aircraft engaged in
the agreed services operated by the designated airlines of
either Contracting Party shall be exempt from customs
duties, excise taxes, inspection fees and other similar
duties, taxes or charges in the territory of the other
Contracting Party, even when they are consumed or used on
the part of the journey performed over that territory.
2.
Fuel, lubricating oils, spare parts, regular equipment
and aircraft stores taken on board aircraft of thedesignated airlines of either Contracting Party in the
territory of the other Contracting Party and used in theagreed services shall, subject to the regulations of thelatter Contracting Party, be exempt from customs duties,
excise taxes, inspection fees and other similar duties,
taxes or charges.
3.
Fuel, lubricating oils, spare parts, regular equipment
and aircraft stores introduced for the account of thedesignated airlines of either Contracting Party and stored
in the territory of the other Contracting Party undercustoms supervisions for the purpose of supplying aircraftof those designated airlines, shall, subject to theregulations of the latter Contracting Party, be exempt from
customs duties, excise taxes, inspection fees and othersimilar duties, taxes or charges.
ARTICLE 7
1.
Each Contracting Party reserves the right to withholdor revoke the privileges specified in paragraphs 1 and 2 ofArticle 4 of the present Agreement in respect of an airline
designated by the other Contracting Party, or to impose
such conditions as it may deem necessary on the exercise by
the airline of those privileges, in any case where it is
not satisfied that substantial ownership and effective
control of such airline are vested in the Contracting Party
designating the airline or in nationals of such Contracting
Party.

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Each Contracting Party reserves the right to suspend
the exercise by a designated airline of the other
Contracting Party of the privileges referred to inparagraphs 1 and 2 of Article 4, or to impose suchconditions as it may deem necessary on the exercise by theairline of those privileges, in any case where such airline
fails to comply with the laws and regulations of theContracting Party granting those privileges or otherwise
fails to operate in accordance with the conditionsprescribed in the present Agreement; provided that, unlessimmediate suspension or imposition of conditions isessential to prevent further infringements of such laws andregulations, or unless immediate action is required forreasons of aviation security or of the safety of air
navigation in accordance with the provisions of paragraph 6of Article 13 or paragraph 3 of Article 14 of the present
Agreement respectively, this right shall be exercised only
after consultations with the other Contracting Party.
ARTICLE 8
There shall be fair and equal opportunity for thedesignated airlines of both Contracting Parties to operate
the agreed services on the specified routes between theirrespective territories.
ARTICLE 9
In the operation by the designated airlines of either
Contracting Party of the agreed services, the interests ofthe designated airlines of the other Contracting Party
shall be taken into consideration so as not to affectunduly the services which the latter provide on all or partof the same routes.
ARTICLE 10
1.
The agreed services provided by the designatedairlines of the Contracting Parties shall bear a close
relationship to the requirements of the public for suchservices.

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2.
The agreed services provided by a designated airline
shall retain as their primary objective the provision at areasonable load factor of capacity adequate to current andreasonably anticipated requirements for the carriage ofpassengers, cargo and mail originating from or destined forthe territory of the Contracting Party which has designatedthe airline. Provision for the carriage of passengers,
cargo and mail both taken on and discharged at points on
the specified routes in the territories of States otherthan that designating the airline shall be made inaccordance with the general principles that capacity shallbe related to:(a)traffic requirements to and from the territory of
the Contracting Party which has designated theairline;(b)

the requirements of through airline operation;
and

(c)

traffic requirements of the area through which
the airline passes, after taking account of local
and regional services.

3.
Capacity to be provided by the designated airlines of
the Contracting Parties in respect of the agreed services
shall be agreed through consultations between the
aeronautical authorities of both Contracting Parties inaccordance with the principles laid down in Articles 8, 9,
and paragraphs 1 and 2 of this Article.
ARTICLE 11
1.
The tariffs on any agreed service shall be establishedat reasonable levels, due regard being paid to all relevant
factors including cost of operation, reasonable profit,characteristics of services (such as standards of speed andaccommodation) and the tariffs of other airlines for any
part of the specified route.
2.
These tariffs shall be fixed in accordance with thefollowing provisions and the aeronautical authorities ofeach Contracting Party shall, in accordance with theprocedures in each Contracting Party, ensure that thedesignated airlines conform to the tariffs thus fixed.

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(a)

The aeronautical authorities of either
Contracting Party shall not require thedesignated airlines of the Contracting Parties to
consult with other airlines about the tariffs
those designated airlines charge or propose to
charge for agreed services.

(b)

The aeronautical authorities of each Contracting
Party shall have the right to approve ordisapprove tariffs for one-way or round-trip
carriage on the specified routes originating in
the territory of that Contracting Party. The
aeronautical authorities of neither Contracting
Party shall take unilateral action to prevent theinauguration of proposed tariffs or thecontinuation of effective tariffs for one-way orround-trip carriage on the specified routes
originating in the territory of the other
Contracting Party.

(c)

The aeronautical authorities of each Contracting
Party may require the designated airlines of theContracting Parties to submit proposed tariffs
for approval for carriage to or from theterritory of the first-mentioned Contracting
Party in accordance with the applicable
procedures of the first-mentioned Contracting
Party, provided that such submission shall not be
required to be made more than 30 days before theproposed date of introduction of the tariffs.

(d)

The aeronautical authorities of either
Contracting Party may request consultations withthe aeronautical authorities of the other
Contracting Party regarding any tariffs of thedesignated airlines of the Contracting Parties
for agreed services. Such consultations shall beheld not later than 30 days after receipt of therequest. The Contracting Parties shall cooperate
in securing information necessary for reasonable
resolution of the issues. If the aeronauticalauthorities of the Contracting Parties reachagreement, the aeronautical authorities of eachContracting Party shall use their best efforts tocause the agreement to be reflected on thetariffs of the designated airlines of thatContracting Party. If no agreement is reached,
the decision of the aeronautical authorities of
the Contracting Party in whose territory the
carriage originates shall prevail.

- 7 -ARTICLE 12
The aeronautical authorities of either Contracting
Party shall supply to the aeronautical authorities of theother Contracting Party, upon request, such information andstatistics relating to traffic carried on the agreed
services by the designated airlines of the former
Contracting Party to and from the territory of the other
Contracting Party as may normally be prepared and submitted
by the designated airlines to their national aeronauticalauthorities for publication. Any additional statisticaltraffic data which the aeronautical authorities of one
Contracting Party may desire from the aeronauticalauthorities of the other Contracting Party shall, uponrequest, be a subject of mutual discussion between the
aeronautical authorities of the two Contracting Parties.
ARTICLE 13
1.
Consistent with their rights and obligations underinternational law, the Contracting Parties reaffirm that
their obligation to each other to protect the security ofcivil aviation against acts of unlawful interference forms
an integral part of the present Agreement. Without
prejudice to their rights and obligations underinternational law, the Contracting Parties shall inparticular act in conformity with the provisions of theConvention on Offences and Certain Other Acts Committed on
Board Aircraft, signed at Tokyo on 14 September 1963, theConvention for the Suppression of Unlawful Seizure of
Aircraft, signed at The Hague on 16 December 1970, theConvention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, signed at Montreal on 23
September 1971, the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving International
Civil Aviation, Supplementary to the Convention for the
Suppression of Unlawful Acts against the Safety of Civil
Aviation, Done at Montreal on 23 September 1971, signed at
Montreal on 24 February 1988 and any other convention or
protocol on the security of civil aviation to which bothContracting Parties become parties.
2.
The Contracting Parties shall provide, upon request,
all necessary assistance in accordance with theirrespective laws and regulations to each other to prevent
acts of unlawful seizure of civil aircraft and otherunlawful acts against the safety of such aircraft, theirpassengers and crew, airports and air navigation
facilities, and any other threat to the security of civil
aviation.

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3.
The Contracting Parties should, in their mutual
relations, act in conformity with the aviation security
provisions established by the International Civil Aviation
Organization and designated as Annexes to the Convention to
the extent that such security provisions are applicable to
the Contracting Parties. Each Contracting Party should
require that its airlines and the operators of airports in
its territory act in conformity with such aviation security
provisions.
4.
Each Contracting Party agrees that its airlines may berequired to observe the aviation security provisions
referred to in paragraph 3 above required by the other
Contracting Party for entry into, departure from, or while
within, the territory of that other Contracting Party.
Each Contracting Party should take appropriate measures
within its territory to protect the aircraft and to inspectpassengers, crew, carry-on items, baggage, cargo andaircraft stores prior to and during boarding or loading.
Each Contracting Party shall also give sympathetic
consideration to any request from the other Contracting
Party for reasonable special security measures to meet aparticular threat.
5.
When an incident or threat of an incident of unlawful
seizure of civil aircraft or other unlawful acts against
the safety of such aircraft, their passengers and crew,
airports or air navigation facilities occurs, theContracting Parties shall assist each other by facilitating
communications and other appropriate measures intended toterminate rapidly and safely such incident or threat
thereof.
6.
When a Contracting Party has reasonable grounds tobelieve that the other Contracting Party has departed fromthe provisions of this Article, the former Contracting
Party may request consultations with the latter Contracting
Party. Such consultations shall take place within 15 days
from the date of receipt of the request. Failure to reacha satisfactory agreement within 15 days from the initiationof consultations shall constitute grounds for withholding,revoking, suspending or imposing conditions on theoperating permission of the designated airlines of thelatter Contracting Party. When justified by an emergency
to protect aviation security, or to prevent further noncompliance with the provisions of this Article, the former
Contracting Party may provisionally withhold, revoke,
suspend or impose conditions on the operating permission at
any time.

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1.
If a Contracting Party finds that the regulations orpractices on aviation safety maintained by the other
Contracting Party in areas relating to aeronauticalfacilities, flight crew, aircraft and the operations ofaircraft are not likely to conform to the international
standards designated as Annexes to the Convention(hereinafter referred to as “the International Standards”),
the former Contracting Party may request consultations withthe latter Contracting Party. Such consultations shalltake place within a period of 30 days from the date ofreceipt of that request. If, following such consultations,the latter Contracting Party confirms that its regulations
or practices on aviation safety do not conform to theInternational Standards, it shall take steps considerednecessary to conform its regulations or practices to theInternational Standards. The former Contracting Party may
advise the Secretary General of the International Civil
Aviation Organization, if the former Contracting Party
finds that the latter Contracting Party fails to take steps
considered necessary to conform its regulations orpractices to the International Standards within areasonable period.
2.
The competent authorities of each Contracting Party
may search aircraft engaged in the agreed services operated
by the designated airlines of the other Contracting Party,
in the territory of the first-mentioned Contracting Party
except during flight, and without causing the operation of
the aircraft unreasonable delay, to verify the validity of
the relevant aircraft documentation, the licensing of its
crew, and that the aircraft equipment and condition of
aircraft conform to the International Standards.
3.
When it is essential to ensure the safety of air
navigation, each Contracting Party may immediately suspend
or vary the operating permission of the designated airlinesof the other Contracting Party.

- 10 -ARTICLE 15
It is the intention of both Contracting Parties that
there should be regular and frequent consultations between
the aeronautical authorities of the Contracting Parties toensure close collaboration in all matters affecting thefulfilment of the present Agreement.
ARTICLE 16
1.
If any dispute arises between the Contracting Parties
relating to the interpretation or application of thepresent Agreement, the Contracting Parties shall in thefirst place endeavour to settle it by negotiation between
themselves.
2.
If the Contracting Parties fail to reach a settlementby negotiation, the dispute may, at the request of either
Contracting Party, be submitted for decision to a tribunalof three arbitrators, one to be named by each Contracting
Party and the third to be agreed upon by the two
arbitrators so chosen, provided that such third arbitrator
shall not be a national of either Contracting Party. Suchthird arbitrator shall act as the President of thetribunal. Each of the Contracting Parties shall designate
an arbitrator within a period of 60 days from the date ofreceipt by either Contracting Party from the other
Contracting Party of a diplomatic note requesting
arbitration of the dispute and the third arbitrator shallbe agreed upon within a further period of 60 days. If
either of the Contracting Parties fails to designate its
own arbitrator within the period of 60 days or if the third
arbitrator is not agreed upon within the period indicated,
the President of the Council of the International Civil
Aviation Organization may be requested by either
Contracting Party to appoint an arbitrator or arbitrators.
3.
The Contracting Parties undertake to comply with any
decision of the tribunal referred to in paragraph 2 of this
Article.

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1.
Either Contracting Party may at any time request
consultations with the other Contracting Party for the
purpose of amending the present Agreement. Suchconsultations shall begin within a period of 60 days fromthe date of receipt of such request.
2.
If the amendment relates to the provisions of thepresent Agreement other than those of the Schedule, theamendment shall be approved by each Contracting Party inaccordance with its constitutional procedures and shallenter into force on the date of exchange of diplomatic
notes indicating such approval.
3.
If the amendment relates only to the Schedule, theconsultations shall be between the aeronautical authorities
of both Contracting Parties. When these authorities agree
on a new or revised Schedule, the agreed amendments on thematter shall enter into force after they have been
confirmed by exchange of diplomatic notes.
ARTICLE 18
If a general multilateral convention concerning airtransport comes into force in respect of both Contracting
Parties, the present Agreement shall be amended so as toconform with the provisions of such convention.
ARTICLE 19
Either of the Contracting Parties may at any time
notify the other of its intention to terminate the present
Agreement. A copy of the notice shall be sent
simultaneously to the International Civil Aviation
Organization. If such notice is given, the present
Agreement shall terminate one year after the date ofreceipt by the latter Contracting Party of the notice,unless by agreement between the Contracting Parties thenotice under reference is withdrawn before the expirationof that period. If the other Contracting Party fails to
acknowledge receipt, the notice shall be deemed to havebeen received 14 days after the date of receipt by theInternational Civil Aviation Organization of its copy.

- 12 -ARTICLE 20
The present Agreement and any amendment thereto shallbe registered with the International Civil Aviation
Organization.
ARTICLE 21
The present Agreement shall be approved by eachContracting Party in accordance with its constitutional
procedures and shall enter into force on the date ofexchange of diplomatic notes indicating such approval.
IN WITNESS WHEREOF, the undersigned, being duly
authorised by their respective Governments, have signed thepresent Agreement.
DONE in duplicate, in the English language, at Phnom
Penh, this fourteenth day of January, 2015.

FOR THE GOVERNMENT OF
JAPAN:FOR THE GOVERNMENT OF
THE KINGDOM OF CAMBODIA:
Mao Havannall

隈丸優次- 13 -SCHEDULE
1.
Routes to be operated in both directions by thedesignated airline or airlines of Japan:(a) Points in Japan – points in the Kingdom of
Cambodia.
(b) Points in Japan – intermediate points – points in
the Kingdom of Cambodia – points beyond.
Note:

Route (b) may be served by the designatedairline or airlines of Japan only for code
sharing services as a marketing airline orairlines without exercising fifth freedom
traffic rights, except for its or their own
stopover traffic.

2.
Routes to be operated in both directions by thedesignated airline or airlines of the Kingdom of Cambodia:(a) Points in the Kingdom of Cambodia – points inJapan.
(b) Points in the Kingdom of Cambodia – intermediate
points – points in Japan – points beyond.
Note:

Route (b) may be served by the designatedairline or airlines of the Kingdom of Cambodia
only for code sharing services as a marketingairline or airlines without exercising fifth
freedom traffic rights, except for its or theirown stopover traffic.

3.
The agreed services provided by the designated airline
or airlines of either Contracting Party shall begin at apoint in the territory of that Contracting Party, but otherpoints on the specified route may at the option of thedesignated airline be omitted on any or all flights.

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