TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12977 

________________________________________________________________________ 

AVIATION 

Transport Services 

 Agreement Between the 

UNITED STATES OF AMERICA 

and LUXEMBOURG 

Amending the Agreement of August 19, 1986, 

as Amended 

Effected by Exchange of Notes 

Signed at Washington July 13 and 21, 1998 

with 

Annexes 

 
 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.” 
 LUXEMBOURG 

 Aviation: Transport Services 

Agreement amending the agreement 

 of August 19, 1986, as amended. 

Effected by exchange of notes 

Signed at Washington July 13 and 21, 1998; 

Entered into force June 12, 2003. 

With annexes. 
DEPARTMENT OF STATE

WASHINGTON

July 13, 1998

Excellency:

I have the honor to refer to the Air Transport

Agreement between the Government of the United States of

America and the Government of the Grand Duchy of

Luxembourg, signed at Luxembourg August 19, 1986, as

amended by an exchange of notes at Washington dated

June 6, 1995 ("The Agreement").

I have the further honor to propose to Your Excellency

that the Agreement be further amended to provide seventh

freedom rights for scheduled and charter all-cargo

services by replacing Annexes I and II of the Agreement

with the Annexes set out as an enclosure to this note.

If the foregoing is acceptable to the Government of

the Grand Duchy of Luxembourg, I would appreciate an

affirmative note in reply from Your Excellency, which,

together with this Note and its enclosure, shall

constitute an agreement between the two governments.

His Excellency

Alphonse Berns,

Ambassador of the Grand Duchy of Luxembourg.
addition, I have the honor to propose that the terms of

this Amendment shall be provisionally applied from the

date of Your Excellency's note in reply and shall enter

into force upon a subsequent exchange of diplomatic notes

indicating that all internal procedures have been

completed.

Accept, Excellency, the renewed assurances of my

highest consideration.

For the Secretary of State:

Enclosure: As stated.
ENCLOSURE

Annex I

Scheduled Air Transportation

Section 1 Routes

Airlines of each Party designated under this Annex shall, in

accordance with the terms of their designation, be entitled

to perform scheduled international air transportation

between points on the following routes:

A. Routes for the airline or airlines designated by the

Government of the United States of America:

1. From points behind the United States via the United

States and intermediate points to a point or points in

Luxembourg and beyond.

2. For all-cargo service or services, between

Luxembourg and any point or points.

B. Routes for the airline or airlines designated by the

Government of the Grand Duchy of Luxembourg:

1. From points behind Luxembourg via Luxembourg and .

intermediate points to a point or points in the United

States and beyond.

2. For all-cargo service or services, between the

United States and any point or points.

Section 2 Operational Flexibility

Each designated airline may, on any or all flights and at

its option:

1. Operate flights in either or both directions;

2. Combine different flight numbers within one

aircraft operation;

3. Serve behind, intermediate, and beyond points and

points in the territories of the Parties on the

routes in any combination and in any order;

4. Omit stops at any point or points;
2

5. Transfer traffic from any of its aircraft to any

of its other aircraft at any point on the routes;

and

6. Serve points behind any point in its territory

with or without change of aircraft or flight

number and may hold out and advertise such

services to the public as through services;

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 service serves a point in the

territory of the Party designating the airline.

Section 3 Change of Gauge

On any segment or segments of the routes above, any

designated airline 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 territory

of the Party that has designated the airline and, in the

inbound direction, the transportation to the territory of

the Party that has designated the airlines is a continuation

of the transportation from beyond such point.
ANNEX II

Charter Air Transportation

Section 1

Airlines of each Party designated under this Annex shall, in

accordance with the terms of their designation, have the

right to carry international charter traffic of passengers

(and their accompanying baggage) and/or cargo (including,

but not limited to, freight forwarder, split, and

combination (passenger/cargo) charters):

a. Between any point or points in the territory of the

Party that has designated the airline and any point or

points in the territory of the other Party; and

b. Between any point or points in the territory of the

other Party and any point or points in a third country

or countries, provided that, except with respect to

cargo charters, such service constitutes part of a

continuous operation, with or without a change of

aircraft, that includes service to the homeland for the

purpose of carrying local traffic between the homeland

and the territory of the other Party.

In the performance of services covered by this Annex,

airlines of each Party designated under this Annex shall

also have the right to: (1) make stopovers at any points

whether within or outside of the territory of either Party;

(2) carry transit traffic through the other Party's

territory; and (3) combine on the same aircraft traffic

originating in one Party's territory, traffic originating in

the other Party's territory, and traffic originating in

third countries; and (4) to 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, except with respect to cargo charters, in the

outbound direction, the transportation beyond such point is

a continuation of the transportation from the territory of

the Party that has designated the airline and, in the

inbound direction, the transportation to the territory of

the Party that has designated the airline is a continuation

of the transportation from beyond such point.

Each Party shall extend favorable consideration to

applications by airlines of the other Party to carry traffic

not covered by this Annex on the basis of comity and

reciprocity.
2

Section 2

Any airline designated by either Party performing

international charter 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 either of its

homeland or of the other 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 designated airline shall be

subject to the least restrictive of such criteria.

However, nothing contained in the above paragraph shall

limit the rights of either Party to require airlines

designated under this Annex by either Party to adhere to

requirements relating to the protection of passenger funds

and passenger cancellation and refund rights.

Section 3

Except with respect to the consumer protection rules

referred to in the preceding paragraph above, neither Party

shall require an airline designated under this Annex by 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

declaration of conformity with the applicable laws,

regulations and rules referred to under Section 2 of this

Annex or of a waiver of these laws, regulations, or rules

granted by the applicable aeronautical authorities.
AMBASSADE DU GRAND-DUCHE July 21, 1998

DE LUXEMBOURG

2200 MASSACHUSETTS AVENUE, N. W.

WASHINGTON, D. C. 20008

TEL: (202) 265-4171

FAX: (202) 328-8270

Dear Madame Secretary:

I have the honor to refer to the air transport agreement between the Government

of the Grand Duchy of Luxembourg and the Government of the United States of

America, signed in Luxembourg on August 19, 1996, as amended by an exchange of

notes in Washington dated June 6, 1995 ("The Agreement").

I have the further honor to acknowledge receipt of your letter dated July 13, 1998

by which it is suggested that the Agreement be further amended to provide seventh

freedom rights for scheduled and charter all-cargo services by replacing Annexes I and II

of the Agreement with the Annexes set out as an enclosure to said-letter.

On behalf of the Government of the Grand Duchy of Luxembourg, I hereby

confirm that the suggested amendment is acceptable to the Government of Luxembourg.

I am in agreement with the suggestion that your note of July 13, 1998 as well as the

present note and its enclosure shall constitute an Agreement between the two

Governments. I am further in agreement with the suggestion that the terms of this

amendment shall be provisionally applied from the date of this present note and shall

enter into force upon a subsequent exchange of diplomatic notes indicating that internal

procedures have been completed.

Accept, Dear Madame Secretary, the renewed assurances of my highest

consideration.

The Honorable

Madeleine Albright

The Secretary of State

United States Department of State

Enclosure: as stated

Alphonse

Berns Ambassador of Luxembourg
DEPARTMENT OF STATE

WASHINGTON

July 13, 1998

Excellency:

I have the honor to refer to the Air Transport

Agreement between the Government of the United States of

America and the Government of the Grand Duchy of

Luxembourg, signed at Luxembourg August 19, 1986, as

amended by an exchange of notes at Washington dated

June 6, 1995 ("The Agreement").

I have the further honor to propose to Your Excellency

that the Agreement be further amended to provide seventh

freedom rights for scheduled and charter all-cargo

services by replacing Annexes I and II of the Agreement

with the Annexes set out as an enclosure to this note.

If the foregoing is acceptable to the Government of

the Grand Duchy of Luxembourg, I would appreciate an

affirmative note in reply from Your Excellency, which,

together with this Note and its enclosure, shall

constitute an agreement between the two governments. In

His Excellency

Alphonse Berns,

Ambassador of the Grand Duchy of Luxembourg
- 2 -

addition, I have the honor to propose that the terms of

this Amendment shall be provisionally applied from the

date of Your Excellency's note in reply and shall enter

into force upon a subsequent exchange of diplomatic notes

indicating that all internal procedures have been

completed.

Accept, Excellency, the renewed assurances of my

highest consideration.

For the Secretary of State:

Enclosure: As stated.
ENCLOSURE

Annex I

Scheduled Air Transportation

Section 1 Routes

Airlines of each Party designated under this Annex shall, in

accordance with the terms of their designation, be entitled

to perform scheduled international air transportation

between points on the following routes:

A. Routes for the airline or airlines designated by the

Government of the United States of America:

1. From points behind the United States via the United

States and intermediate points to a point or points in

Luxembourg and beyond.

2. For all-cargo service or services, between

Luxembourg and any point or points.

B. Routes for the airline or airlines designated by the

Government of the Grand Duchy of Luxembourg:

1. From points behind Luxembourg via Luxembourg and .

intermediate points to a point or points in the United

States and beyond.

2. For all-cargo service or services, between the

United States and any point or points.

Section 2 Operational Flexibility

Each designated airline may, on any or all flights and at

its option:

1. Operate flights in either or both directions;

2. Combine different flight numbers within one

aircraft operation;

3. Serve behind, intermediate, and beyond points and

points in the territories of the Parties on the

routes in any combination and in any order;

4. Omit stops at any point or points;
2

5. Transfer traffic from any of its aircraft to any

of its other aircraft at any point on the routes;

and

6. Serve points behind any point in its territory

with or without change of aircraft or flight

number and may hold out and advertise such

services to the public as through services;

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 service serves a point in the

territory of the Party designating the airline.

Section 3 Change of Gauge

On any segment or segments of the routes above, any

designated airline 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 territory

of the Party that has designated the airline and, in the

inbound direction, the transportation to the territory of

the Party that has designated the airlines is a continuation

of the transportation from beyond such point.
ANNEX II

Charter Air Transportation

Section 1

Airlines of each Party designated under this Annex shall, in

accordance with the terms of their designation, have the

right to carry international charter traffic of passengers

(and their accompanying baggage) and/or cargo (including,

but not limited to, freight forwarder, split, and

combination (passenger/cargo) charters):

a. Between any point or points in the territory of the

Party that has designated the airline and any point or

points in the territory of the other Party; and

b. Between any point or points in the territory of the

other Party and any point or points in a third country

or countries, provided that, except with respect to

cargo charters, such service constitutes part of a

continuous operation, with or without a change of

aircraft, that includes service to the homeland for the

purpose of carrying local traffic between the homeland

and the territory of the other Party.

In the performance of services covered by this Annex,

airlines of each Party designated under this Annex shall

also have the right to: (1) make stopovers at any points

whether within or outside of the territory of either Party;

(2) carry transit traffic through the other Party's

territory; and (3) combine on the same aircraft traffic

originating in one Party's territory, traffic originating in

the other Party's territory, and traffic originating in

third countries; and (4) to 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, except with respect to cargo charters, in the

outbound direction, the transportation beyond such point is

a continuation of the transportation from the territory of

the Party that has designated the airline and, in the

inbound direction, the transportation to the territory of

the Party that has designated the airline is a continuation

of the transportation from beyond such point.

Each Party shall extend favorable consideration to

applications by airlines of the other Party to carry traffic

not covered by this Annex on the basis of comity and

reciprocity.
2

Section 2

Any airline designated by either Party performing

international charter 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 either of its

homeland or of the other 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 designated airline shall be

subject to the least restrictive of such criteria.

However, nothing contained in the above paragraph shall

limit the rights of either Party to require airlines

designated under this Annex by either Party to adhere to

requirements relating to the protection of passenger funds

and passenger cancellation and refund rights.

Section 3

Except with respect to the consumer protection rules

referred to in the preceding paragraph above, neither Party

shall require an airline designated under this Annex by 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

declaration of conformity with the applicable laws,

regulations and rules referred to under Section 2 of this

Annex or of a waiver of these laws, regulations, or rules

granted by the applicable aeronautical authorities.