TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-401.1

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TRANSPORTATION

Aviation

Agreement Between the

UNITED STATES OF AMERICA

and the NETHERLANDS

in respect of CURAÇAO

Signed at Willemstad September 26, 2016
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 NETHERLANDS

 in respect of 

CURAÇAO

 Transportation: Aviation

 Agreement signed at Willemstad

 September 26, 2016;

 Entered into force April 1, 2017.

 

 
AIR TRANSPORT AGREEMENT 


BETWEEN 


THE UNITED STATES OF AMERICA 


AND 


THE KINGDOM OF THE NETHERLANDS, 


IN RESPECT OF CURACAO, 


RELATING TO AIR TRANSPORT 


BETWEEN 


CURACAO 


AND 


THE UNITED STATES OF AMERICA 


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The United States of America 

and 

the Kingdom of the Netherlands, in respect of Cura9ao, (hereinafter referred to as "the 

Parties"); 

Desiring to promote an international aviation system based on competition among airlines 

in the marketplace with minimum government interference and regulation; 

Desiring to make it possible for airlines to offer the traveling and shipping public a variety 

of service options, and wishing to encourage individual airlines to develop and implement 

innovative and competitive prices; 

Desiring to facilitate the expansion of international air transport opportunities; 

Desiring to ensure the highest degree of safety and security in international air transport 

and reaffirming their grave concern about acts or threats against the security of aircraft, 

which jeopardize the safety of persons or property, adversely affect the operation of air 

transportation, and undermine public confidence in the safety of civil aviation; and 

Being Parties to the Convention on International Civil Aviation, done at Chicago on 

December 7, 1944; 

Have agreed as follows: 

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Article 1 


Definitions 


For the purposes of this Agreement, unless otherwise stated, the term: 

1. 	 "aeronautical authorities" means, in the case of the United States, the Department 

of Transportation and in the case of the Kingdom of the Netherlands, in respect of 

Curac;ao, the minister responsible for Civil Aviation, and any person or agency 

authorized to perform these functions; 

2. 	 "Agreement" means this Agreement and any amendments thereto; 

3. 	 "air transportation" means the public carriage by aircraft of passengers, baggage, 

cargo, and mail, separately or in combination, scheduled or charter, for 

remuneration or hire; 

4. 	 "airline of a Party" means, in the case of the United States, an airline that has 

received its Air Operator's Certificate (AOC) from the aeronautical authorities of the 

United States and has its principal place of business in the United States, 

hereinafter referred to as an airline of the United States; and in the case of the 

Kingdom of the Netherlands, in respect of Curac;ao, an airline that has received its 

AOC from the aeronautical authorities of Curac;ao and has its principal place of 

business in Curac;ao, hereinafter referred to as an airline of Curac;ao; 

5. 	 "Convention" means the Convention on International Civil Aviation, done at 

Chicago December 7, 1944, and includes: 

a. 	 any amendment that has entered into force under Article 94(a) of the 

Convention and has been ratified by both Parties; and 

b. 	 any Annex or any amendment thereto adopted under Article 90 of the 

Convention, insofar as such Annex or amendment is at any given time 

effective for both Parties; 

6. 	 "full cost" means the cost of providing service plus a reasonable charge for 

administrative overhead; 

7. 	 "international air transportation" means air transportation that passes through the 

airspace over the territory of more than one State; 

8. 	 "price" means any fare, rate, or charge for the carriage of passengers, baggage, or 

cargo (excluding mail) in air transportation, including surface transportation in 

connection with international air transportation, charged by airlines, including their 

agents, and the conditions governing the availability of such fare, rate, or charge; 

9. 	 "stop for non-traffic purposes" means a landing for any purpose other than taking 

on or discharging passengers, baggage, cargo, or mail in air transportation; 

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10. 	 "territory" in the case of the United States means the land areas, internal waters 

and territorial sea under the sovereignty of the United States, and in the case of th~ 

Kingdom of the Netherlands, in respect of Cura9ao, means the land areas, internal 

~aters, and territorial sea under the sovereignty of the Kingdom of the Netherlands, 

in respect of Cura<;ao, in accordance with international law; and 

11. 	 "user charge" means a charge imposed on airlines for the provision of airport, 

airport environmental, air navigation, or aviation security facilities or services 

including related services and facilities. 

Article 2 


Grant of Rights 


1. 	 Each Party grants to the other Party the following rights for the conduct of 

international air transportation by the airlines of the other Party: 

a. 	 the right to fly across its territory without landing; 

b. 	 the right to make stops in its territory for non-traffic purposes; 

c. 	 the right to perform international air transportation between points on the 

following routes: 

(i) for airlines of the United States, from points behind the United States I 

via the United States and intermediate points to any point or points in 

Cura<;ao and beyond; and for all-cargo service, between Cura<;ao and 

any point or points; 

(ii) for airlines of Cura<;ao, from points behind Cura<;ao, via Cura<;ao, and 

intermediate points to any point or points in the United States and 

beyond; and for all-cargo service, between the United States and any 

point or points; and 

d. 	 the rights otherwise specified in this Agreement. 

2. 	 Each airline of a Party may, on any or all flights and at its option: 

a. 	 operate flights in either or both directions; 

b. 	 combine different flight numbers within one aircraft operation; 

c. 	 serve points on their respective routes in any combination and in any order; 

d. 	 omit stops at any point or points; 

e. 	 transfer traffic from any of its aircraft to any of its other aircraft at any point; 

f. 	 serve points behind any point in its territory with or without change of aircraft 

or flight number and hold out and advertise such services to the public as 

through services; 

g. 	 make stopovers at any points whether within or outside the territory of either 

Party; 

h. 	 carry transit traffic through the other Party's territory; and 

i. 	 combine traffic on the same aircraft regardless of where such traffic 

originates; 

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without directional or geographic limitation and without loss of any right to carry 

traffic otherwise permissible under this Agreement, provided that, with the 

exception of all-cargo services, the transportation is part of a service that serves a 

point in the homeland of the airline. 

3. 	 On any segment or segments of the routes above, any airline of a Party may 

perform international air transportation without any limitation as to change, at any 

point on the route, in type or number of aircraft operated, provided that, with the 

exception of all-cargo services, in the outbound direction, the transportation beyond 

such point is a continuation of the transportation from the homeland of the airline 

and, in the inbound direction, the transportation to the homeland of the airline is a 

continuation of the transportation from beyond such point. 

4. 	 Nothing in this Article shall be deemed to confer on the airline or airlines of one 

Party the rights to take on board, in the territory of the other Party, passengers, 

baggage, cargo, or mail carried for compensation and destined for another point in 

the territory of that other Party. In respect ofthe United States, nothing in this Article 

shall be deemed to confer on its airlines the right to take on board, in Cura9ao, 

passengers, baggage, cargo or mail carried for compensation and destined for a 

point in Sint Maarten or the Caribbean part of the Netherlands (the islands of 

Bonaire, Sint Eustatius and Saba}, or such traffic originating in Sint Maarten or the 

Caribbean part of the Netherlands and destined for Cura9ao. 

5. 	 Any airline of a Party performing charter international air transportation originating 

in the territory of either Party, whether on a one-way or round-trip basis, shall have 

the option of complying with the charter laws, regulations, and rules of either Party. 

If a Party applies different rules, regulations, terms, conditions, or limitations to one 

or more of its airlines, or to airlines of different countries, each airline of the other 

Party shall be subject to the least restrictive of such criteria. Nothing in this 

paragraph shall limit the rights of a Party to require airlines of both Parties to adhere 

to requirements relating to the protection of passenger funds and passenger 

cancellation and refund rights. Except with respect to the consumer protection rules 

referred to in this paragraph, neither Party shall require an airline of the other Party, 

in respect of the carriage of traffic from the territory of that other Party or of a third 

country on a one-way or round-trip basis, to submit more than a notice that it is 

complying with the applicable laws, regulations, and rules referred to in this 

paragraph or of a waiver of these laws, regulations, or rules granted by the 

applicable aeronautical authorities. 

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Article 3 

Authorization 

Each Party, on receipt of applications from an airline of the other Party, in the form and 

manner prescribed for operating authorizations and technical permissions, shall grant 

appropriate authorizations and permissions with minimum procedural delay, provided: 

a. substantial ownership and effective control of that airline are vested in: 

(i) 

(ii) 

for airlines of the United States, the Government of the United States, 

nationals of the United States, or both; 

for airlines of Cura'iao, the Government of Cura'iao, nationals of 

Curacao, or both; 

b. 

c. 

the airline is qualified to meet the conditions prescribed under the laws and 

regulations normally applied to the operation of international air transportation 

by the Party considering the application or applications; and 

the other Party is maintaining and administering the provisions set forth in 

Article 6 (Safety) and Article 7 (Aviation Security). 

Article 4 

Revocation ofAuthorization 

1. 	 Either Party may revoke, suspend, limit, or impose conditions on the operating 

authorizations or technical permissions of an airline where: 

a. 	 thar airline is not an airline of the other Party under Article 1 (4) (Definitions); 

b. 	 substantial ownership and effective control of that airline are not vested in: 

(i) 	 for airlines of the United States, the Government of the United States, 

nationals of the United States, or both; 

(ii) 	 for airlines of Cura'iao, the Government of Cura'iaO, nationals of 

Cura'iao, or both; or 

c. 	 that airline has failed to comply with the laws and regulations referred to in 

Article 5 (Application of Laws) of this Agreement. 

2. 	 Unless immediate action is essential to prevent further noncompliance with 

subparagraph 1 c of this Article, the rights established by this Article shall be 

exercised only after consultation with the other Party. 

3. 	 This Article does not limit the rights of either Party to withhold, revoke, suspend, 

limit, or impose conditions on the operating authorization or technical permission of 

an airline or airlines of the other Party in accordance with the provisions of Article 

6 (Safety) or Article 7 (Aviation Security). 

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Article 5 


Application of Laws 


1. 	 The laws and regulations of a Party relating to the admission to or departure from 

its territory of aircraft engaged in international air navigation, or to the operation and 

navigation of such aircraft while within its territory, shall be complied with by such 

aircraft upon entering, when departing from, or while within the territory of that 

Party. 

2. 	 While entering, within, or leaving the territory of one Party, its laws and regulations 

relating to the admission to or departure from its territory of passengers, crew, or 

cargo on aircraft (including regulations relating to entry, clearance, aviation 

security, immigration, passports, customs and quarantine, or, in the case of mail, 

postal regulations) shall be complied with by, or on behalf of, such passengers, 

crew, or cargo of the other Party's airlines. 

Article 6 


Safety 


1. 	 Each Party shall recognize as valid, for the purpose of operating the air 

transportation provided for in this Agreement, certificates of airworthiness, 

certificates of competency, and licenses issued or validated by the other Party and 

still in force, provided that the requirements for such certificates or licenses at least 

equal the minimum standards that may be established pursuant to the Convention. 

Each Party may, however, refuse to recognize as valid for the purpose of flight 

above its own territory, certificates of competency and licenses granted to or 

validated for its own nationals by the other Party. 

2. 	 Either Party may request consultations concerning the safety standards maintained 

by the other Party relating to aeronautical facilities, aircrews, aircraft, and operation 

of airlines of that other Party. If, following such consultations, one Party finds that 

the other Party does not effectively maintain and administer safety standards and 

requirements in these areas that at least equal the minimum standards that may be 

established pursuant to the Convention, the other Party shall be notified of such 

findings and the steps considered necessary to conform with these minimum 

standards, and the other Party shall take appropriate corrective action. Each Party 

reserves the right to withhold, revoke, suspend, limit, or impose conditions on the 

operating authorization or technical permission of an airline or airlines of the other 

Party in the event the other Party does not take such appropriate corrective action 

within a reasonable time and to take immediate action, prior to consultations, as to 

such airline or airlines if the other Party is not maintaining and administering the 

aforementioned standards and immediate action is essential to prevent further 

noncompliance. 

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Article 7 


Aviation Security 


1. 	 The Parties affirm 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. Without limiting the generality of their rights and obligations under 

international law, the Parties shall in particular act in conformity with the provisions 

of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, 

done at Tokyo on September 14, 1963, the Convention for the Suppression of 

Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970, the 

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 

done at Montreal on September 23, 1971, and 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 February 24, 1988, as well as with any 

other convention relating to the security of civil aviation to the degree in force for 

both Parties. 

2. 	 The 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, of their passengers and crew, and of airports and air 

navigation facilities, and to address any other threat to the security of civil air 

navigation. 

3. 	 The Parties shall, in their mutual relations, act in conformity with the aviation 

security standards and appropriate recommended practices established by the 

International Civil Aviation Organization and designated as Annexes to the 

Convention; they shall require that operators of aircraft of their registry, operators 

of aircraft that 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. 

4. 	 Each Party agrees to observe the security provisions required by the other Party 

for entry into, for departure from, and while within the territory of that other Party 

and to take adequate measures to protect aircraft and to inspect passengers, crew, 

and their baggage and carry-on items, as well as cargo and aircraft stores, prior to 

and during boarding or loading. Each Party shall also give positive consideration to 

any request from the other Party for special security measures to meet a particular 

threat. 

5. 	 When an incident or threat of an incident of unlawful seizure of aircraft or other 

unlawful acts against the safety of passengers, crew, aircraft, airports, or air 

navigation facilities occurs, the Parties shall assist each other by facilitating 

communications and other appropriate measures intended to terminate rapidly and 

safely such incident or threat. 

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6. 	 When a Party has reasonable grounds to believe that the other Party has departed 

from the aviation security provisions of this Article, the aeronautical authorities of 

that Party may request immediate consultations with the aeronautical authorities of 

the other Party. Failure to reach a satisfactory agreement within 15 days from the 

date of such request shall constitute grounds to withhold, revoke, suspend, limit, or 

impose conditions on the operating authorization and technical permissions of an 

airline or airlines of that Party. When required by an emergency, a Party may take 

interim action prior to the expiry of 15 days. 

Article 8 


Commercial Opportunities 


1. 	 The airlines of each Party shall have the right to establish offices in the territory of 

the other Party for the promotion and sale of air transportation. 

2. 	 The airlines of each Party shall be entitled, in accordance with the laws and 

regulations of the other Party relating to entry, residence, and employment, to bring 

in and maintain in the territory of the other Party managerial, sales, technical, 

operational, and other specialist staff required for the provision of air transportation. 

3. 	 Each airline shall have the right to perform its own ground-handling in the territory 

of the other Party {"self-handling") or, at the airline's option, select among 

competing agents for such services in whole or in part. The rights shall be subject 

only to physical constraints resulting from considerations of airport safety. Where 

such considerations preclude self-handling, ground services shall be available on 

an equal basis to all airlines; charges shall be based on the costs of services 

provided; and such services shall be comparable to the kind and quality of services 

as if self-handling were possible. 

4. 	 An airline of a Party may engage in the sale of air transportation in the territory of 

the other Party directly and, at the airline's discretion, through its agents, except as 

may be specifically provided by the charter regulations of the country in which the 

charter originates that relate to the protection of passenger funds, and passenger 

cancellation and refund rights. Each airline shall have the right to sell such 

transportation, and any person shall be free to purchase such transportation, in the 

currency of that territory or in freely convertible currencies. 

5. 	 Each airline shall have the right to convert and remit to its country and, except 

where inconsistent with generally applicable law or regulation, any other country or 

countries of its choice, on demand, local revenues in excess of sums locally 

disbursed. Conversion and remittance shall be permitted promptly without 

restrictions or taxation in respect thereof at the rate of exchange applicable to 

current transactions and remittance on the date the airline makes the initial 

application for remittance. 

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6. 	 The airlines of each Party shall be permitted to pay for local expenses, including 

purchases of fuel, in the territory of the other Party in local currency. At their 

discretion, the airlines of each Party may pay for such expenses in the territory of 

the other Party in freely convertible currencies according to local currency 

regulation. 

7. 	 In operating or holding out the authorized services under this Agreement, any airline 

of one Party may enter into cooperative marketing arrangements such as, but not 

limited to, blocked-space, code-sharing, or leasing arrangements, with 

a. 	 an airline or airlines of either Party; 

b. 	 an airline or airlines of a third country; and 

c. 	 a surface transportation provider of any country; 

provided that all participants in such arrangements (i) hold the appropriate authority 

and (ii) meet the requirements normally applied to such arrangements. 

8. 	 Airlines and indirect providers of cargo transportation of both Parties shall be 

permitted, without restriction, to employ in connection with international air 

transportation any surface transportation for cargo to or from any points, including 

to and from all airports with customs facilities and to transport cargo in bond under 

applicable laws and regulations. Such cargo, whether moving by surface or by air, 

shall have access to airport customs processing and facilities. Airlines may elect to 

perform their own surface transportation or to provide it through arrangements with 

other surface carriers, including surface transportation operated by other airlines 

and indirect providers of cargo air transportation. Such intermodal cargo services 

may be offered at a single through price for the air and surface transportation 

combined, provided that shippers are not misled as to the facts concerning such 

transportation. 

Article 9 


Customs Duties and Charges 


1 . 	 On amv1ng in the territory of one Party, aircraft operated in international air 

transportation by the airlines of the other Party, their regular equipment, ground 

equipment, fuel, lubricants, consumable technical supplies, spare parts (including 

engines), aircraft stores (including but not limited to such items of food, beverages 

and liquor, tobacco, and other products destined for sale to or use by passengers 

in limited quantities during flight), and other items intended for or used solely in 

connection with the operation or servicing of aircraft engaged in international air 

transportation shall be exempt, on the basis of reciprocity, from all import 

restrictions, property taxes and capital levies, customs duties, excise taxes, and 

similar fees and charges that are (a) imposed by the national authorities, and (b) 

not based on the cost of services provided, provided that such equipment and 

supplies remain on board the aircraft. 

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2. 	 There shall also be exempt, on the basis of reciprocity, from the taxes, levies, 

duties, fees, and charges referred to in paragraph 1 of this Article, with the 

exception of charges based on the cost of the service provided: 

a. 	 aircraft stores introduced into or supplied in the territory of a Party and taken 

on board, within reasonable limits, for use on outbound aircraft of an airline 

of the other Party engaged in international air transportation, even when 

these stores are to be used on a part of the journey performed over the 

territory of the Party in which they are taken on board; 

b. 	 ground equipment and spare parts (including engines} introduced into the 

territory of a Party for the servicing, maintenance, or repair of aircraft of an 

airline of the other Party used in international air transportation; 

c. 	 fuel, lubricants, and consumable technical supplies introduced into or 

supplied in the territory of a Party for use in an aircraft of an airline of the other 

Party engaged in international air transportation, even when these supplies 

are to be used on a part of the journey performed over the territory of the 

Party in which they are taken on board; and 

d. 	 promotional and advertising materials introduced into or supplied in the 

territory of one Party and taken on board, within reasonable limits, for use on 

outbound aircraft of an airline of the other Party engaged in international air 

transportation, even when these materials are to be used on a part of the 

journey performed over the territory of the Party in which they are taken on 

board. 

3. 	 Equipment and supplies referred to in paragraphs 1 and 2 of this Article may be 

required to be kept under the supervision or control of the appropriate authorities. 

4. 	 The exemptions provided by this Article shall also be available where the airlines 

of one Party have contracted with another airline, which similarly enjoys such 

exemptions from the other Party, for the loan or transfer in the territory of the 

other Party of the items specified in paragraphs 1 and 2 of this Article. 

Article 10 

User Charges 

1. 	 User charges that may be imposed by the competent charging authorities or bodies 

of each Party on the airlines of the other Party shall be just, reasonable, not unjustly 

discriminatory, and equitably apportioned among categories of users. In any event, 

any such user charges shall be assessed on the airlines of the other Party on terms 

not less favorable than the most favorable terms available to any other airline at the 

time the charges are assessed. 

2. 	 User charges imposed on the airlines of the other Party may reflect, but shall not 

exceed, the full cost to the competent charging authorities or bodies of providing 

the appropriate airport, airport environmental, air navigation, and aviation security 

facilities and services at the airport or within the airport system. Such charges may 

include a reasonable return on assets, after depreciation. Facilities and services for 

which charges are made shall be provided on an efficient and economic basis. 

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3. 

4. 

1. 

2. 

3. 

4. 

Each Party shall encourage consultations between the competent charging 

authorities or bodies in its territory and the airlines using the services and facilities, 

and shall encourage the competent charging authorities or bodies and the airlines 

to exchange such information as may be necessary to permit an accurate review 

of the reasonableness of the charges in accordance with the principles of 

paragraphs 1 and 2 of this Article. Each Party shall encourage the competent 

charging authorities to provide users with reasonable notice of any proposal for 

changes in user charges to enable users to express their views before changes are 

made. 

Neither Party shall be held, in dispute resolution procedures pursuant to Article 14 

(Settlement of Disputes), to be in breach of a provision of this Article, unless (a) it 

fails to undertake a review of the charge or practice that is the subject of complaint 

by the other Party within a reasonable amount of time; or {b) following such a review 

it fails to take all steps within its power to remedy any charge or practice that is 

inconsistent with this Article. 

Article 11 

Fair Competition 

Each Party shall allow a fair and equal opportunity for the airlines of both Parties 

to compete in providing the international air transportation governed by this 

Agreement. 

Each Party shall allow each airline to determine the frequency and capacity of the 

international air transportation it offers based upon commercial considerations in 

the marketplace. Consistent with this right, neither Party shall unilaterally limit the 

volume of traffic, frequency, or regularity of service, or the aircraft type or types 

operated by the airlines of the other Party, except as may be required for customs, 

technical, operational, or environmental reasons under uniform conditions 

consistent with Article 15 of the Convention. 

Neither Party shall impose on the other Party's airlines a first-refusal requirement, 

uplift ratio, no-objection fee, or any other requirement with respect to capacity, 

frequency, or traffic that would be inconsistent with the purposes of this Agreement. 

Neither Party shall require the filing of schedules, programs for charter flights, or 

operational plans by airlines of the other Party for approval, except as may be 

required on a non-discriminatory basis to enforce the uniform conditions foreseen 

by paragraph 2 of this Article or as may be specifically authorized in this Agreement. 

If a Party requires filings for information purposes, it shall minimize the 

administrative burdens of filing requirements and procedures on air transportation 

intermediaries and on airlines of the other Party. 

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Article 12 


Pricing 


1. 	 Each Party shall allow prices for air transportation to be established by airlines of 

both Parties based upon commercial considerations in the marketplace. 

Intervention by the Parties shall be limited to: 

a. 	 prevention of unreasonably discriminatory prices or practices; 

b. 	 protection of consumers from prices that are unreasonably high or restrictive 

due to the abuse of a dominant position; and 

c. 	 protection of airlines from prices that are artificially low due to direct or 

indirect governmental subsidy or support. 

2. 	 Prices for international air transportation between the territories of the Parties shall 

not be required to be filed. Notwithstanding the foregoing, the airlines of the Parties 

shall provide immediate access, on request, to information on historical, existing, 

and proposed prices to the aeronautical authorities of the Parties in a manner and 

format acceptable to those aeronautical authorities. 

3. 	 Neither Party shall take unilateral action to prevent the inauguration or continuation 

of a price proposed to be charged or charged by (1) an airline of either Party for 

international air transportation between the territories of the Parties, or (2) an airline 

of one Party for international air transportation between the territory of the other 

Party and any other country, including in both cases transportation on an interline 

or intraline basis. If either Party believes that any such price is inconsistent with the 

considerations set forth in paragraph 1 of this Article, it shall request consultations 

and notify the other Party of the reasons for its dissatisfaction as soon as possible. 

These consultations shall be held not later than 30 days after receipt of the request, 

and the Parties shall cooperate in securing information necessary for reasoned 

resolution of the issue. If the Parties reach agreement with respect to a price for 

which a notice of dissatisfaction has been given, each Party shall use its best efforts 

to put that agreement into effect. Without such mutual agreement, the price shall 

go into effect or continue in effect. 

Article 13 


Consultations 


Either Party may, at any time, request consultations relating to this Agreement. Such 

consultations shall begin at the earliest possible date, but not later than 60 days from the 

date the other Party receives the request unless otherwise agreed. 

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Article 14 


Settlement of Disputes 


1. 	 Any dispute arising under this Agreement, except those that may arise under 

paragraph 3 of Article 12 (Pricing}, that is not resolved within 30 days of the date 

established for consultations pursuant to a request for consultations under Article 

13 (Consultations) may be referred, by agreement of the Parties, for decision to 

some person or body. If the Parties do not so agree, either Party may give written 

notice to the other Party through diplomatic channels that it is requesting that the 

dispute be submitted to arbitration. 

2. 	 Arbitration shall be by a tribunal of three arbitrators to be constituted as follows: 

a. 	 Within 30 days after the receipt of a request for arbitration, each Party shall 

name one arbitrator. Within 60 days after these two arbitrators have been 

named, they shall by agreement appoint a third arbitrator, who shall act as 

President of the arbitral tribunal; 

b. 	 If either Party fails to name an arbitrator, or if the third arbitrator is not 

appointed, in accordance with subparagraph a of this paragraph, either Party 

may request the President of the Council of the International Civil Aviation 

Organization to appoint the necessary arbitrator or arbitrators within 30 days. 

If the President of the Council is of the same nationality as one of the Parties, 

the most senior Vice President who is not disqualified on that ground shall 

make the appointment. 

3. 	 The arbitral tribunal shall be entitled to decide the extent of its jurisdiction under this 

Agreement and, except as otherwise agreed, shall establish its own procedural 

rules. The tribunal, once formed, may at the request of either Party recommend 

interim relief measures pending its final determination. If either of the Parties 

requests it or the tribunal deems it appropriate, a conference to determine the 

precise issues to be arbitrated and the specific procedures to be followed shall be 

held not later than 15 days after the tribunal is fully constituted. 

4. 	 Except as otherwise agreed or as directed by the tribunal, the statement of claim 

shall be submitted within 45 days of the time the tribunal is fully constituted, and 

the statement of defense shall be submitted 60 days thereafter. Any reply by the 

claimant shall be submitted within 30 days of the submission of the statement of 

defense. Any reply by the respondent shall be submitted within 30 days thereafter. 

If either Party requests it or the tribunal deems it appropriate, the tribunal shall hold 

a hearing within 45 days after the last pleading is due. 

5. 	 The tribunal shall attempt to render a written decision within 30 days after 

completion of the hearing or, if no hearing is held, after the last pleading is 

submitted. The decision of the majority of the tribunal shall prevail. 

6. 	 The Parties may submit requests for interpretation of the decision within 15 days 

after it is rendered and any interpretation given shall be issued within 15 days of 

such request. 

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7. Each Party shall, to the degree consistent with its national law, give full effect to 

any decision or award of the arbitral tribunal. 

8. 	 The expenses of the arbitral tribunal, including the fees and expenses of the 

arbitrators, shall be shared equally by the Parties. Any expenses incurred by the 

President of the Council of the International Civil Aviation Organization in 

connection with the procedures of paragraph 2b of this Article shall be considered 

to be part of the expenses of the arbitral tribunal. 

Article 15 


Termination 


Either Party may, at any time, give notice in writing, through diplomatic channels, to the 

other Party of its decision to terminate this Agreement. Such notice shall be sent 

simultaneously to the International Civil Aviation Organization. This Agreement shall 

terminate at midnight (at the place of receipt of the notice to the other Party) at the end 

of the International Air Transport Association (IATA) traffic season in effect one year 

following the date of written notification of termination, unless the notice is withdrawn by 

agreement of the Parties before the end of this period. 

Article 16 


Registration with /CAO 


This Agreement and all amendments thereto shall be registered with the International 

Civil Aviation Organization. 

Article 17 


Entry into Force 


1. 	 This Agreement shall enter into force on the first day of the second month following 

the date of the last note in an exchange of diplomatic notes between the Parties 

confirming that all necessary procedures for entry into force of this Agreement have 

been completed. 

2. 	 Upon entry into force, this Agreement shall supersede, in the relations between the 

United States of America and the Kingdom of the Netherlands, in respect of 

Cura9ao, the Air Transport Agreement between the United States of America and 

the Kingdom of the Netherlands, in respect of the Netherlands Antilles, relating to 

Air Transport between the Netherlands Antilles and the United States of America, 

signed at Washington on July 14, 1998. 

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IN WITNESS WHEREOF the undersigned, being duly authorized by their respective 

Governments, have signed this Agreement. 

DONE at U;/km-ofa_ci this.,eb t,;(_ day of J~b.J(J(,, 20 / /, 

in two originals, in the English language. 

FOR THE 

UNITED STATES OF AMERICA 

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