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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 20-127 

TRANSPORTATION 

Aviation Transport Services 

Agreement Between the 

UNITED STATES OF AMERICA 

and THE BAHAMAS 

Signed at Nassau January 27, 2020 

Entered into force January 27, 2020 
 

 

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.” 
AIR TRANSPORT AGREEMENT 

BETWEEN 

THE GOVERNMENT OF 

THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF 

THE COMMONWEALTH OF THE BAHAMAS 

The Government of the United States of America and the Government of the Commonwealth of 

The Bahamas (hereinafter, "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: 
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 Commonwealth of The Bahamas, the Bahamas Civil 

Aviation Authority, and any person or agency authorized to perform functions exercised by the 

said Bahamas Civil Aviation Authority; 

2. "Agreement" means this Agreement, its Annexes, 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. "Convention" means the Convention on International Civil Aviation, done at Chicago on 

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; 

5. "Designated airline" means an airline designated and authorized in accordance with 

Article 3 of this Agreement; 

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 and/or mail in air transportation; 

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10. "Territory" means the land areas, internal waters, and territorial sea under the sovereignty 

of a Party; 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; and 

c. the rights otherwise specified in this Agreement. 

2. 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, their baggage, cargo, or 

mail carried for compensation and destined for another point in the territory of that other Party. 

Article 3 

Designation and Authorization 

1. Each Party shall have the right to designate as many airlines as it wishes to conduct 

international air transportation in accordance with this Agreement and to withdraw or alter such 

designations. Such designations shall be transmitted to the other Party in writing through 

diplomatic channels, and shall identify whether the airline is authorized to conduct the type of air 

transportation specified in Annex I or in Annex II or both. 

2. On receipt of such a designation, and of applications from the designated airline, in the 

form and manner prescribed for operating authorizations and technical permissions, the other 

Party shall grant appropriate authorizations and permissions with minimum procedural delay, 

provided: 

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

designating the airline, nationals of that Party, or both; 

b. the designated 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 

c. the Party designating the airline is maintaining and administering the provisions set 

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

Article 4 

Revocation of Authorization 

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

authorizations or technical permissions of an airline designated by the other Party where: 

a. substantial ownership and effective control of that airline are not vested in the other 

Party, the other Party's nationals, or both; 

b. that airline has failed to comply with the laws and regulations referred to in Article 5 

(Application of Laws) of this Agreement; or 

c. the other Party is not maintaining and administering the standards as set forth in 

Article 6 (Safety). 

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

subparagraphs I b or I 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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Article5 

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 the designated 

airlines. 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 designated by 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 

A via ti on 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 September 14, 1963, the Convention for the 

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

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

Montreal 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 

February 24, 1988. 

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. 

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 

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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 designated 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 designated 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. Any airline of each 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 on the agreed routes, any designated 

airline of one Party may enter into cooperative marketing arrangements such as 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 in the territories of the Parties or in third countries, 

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 arriving in the territory of one Party, aircraft operated in international air 

transportation by the designated 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 

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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. 

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 designated 

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. 

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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. 

3. 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. 

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

1. Each Party shall allow a fair and equal opportunity for the designated airlines of both 

Parties to compete in providing the international air transportation governed by this Agreement. 

2. Each Party shall allow each designated 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 

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traffic, frequency or regularity of service, or the aircraft type or types operated by the designated 

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. 

3. Neither Party shall impose on the other Party's designated 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. 

4. 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 nondiscriminatory 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 designated airlines of the other Party. 

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. 

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. 

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 

Any dispute arising under this Agreement, except those that may arise under Article 12 (Pricing), 

that is not resolved within 120 ( one hundred and twenty) days of the date established for 

consultations pursuant to a request for consultations under Article 13 may be referred, at the 

request of either Party, for decision to some person or body in accordance with rules and 

procedures to be agreed by the Parties. Each Party shall, to the degree consistent with its 

national law, give full effect to any decision rendered by such person or body. 

Article 15 

Termination 

Either Party may, at any time, give notice in writing 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 (IA TA) 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 ICAO 

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

Aviation Organization. 

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Article 17 

Entry into Force 

This Agreement shall enter into force on the date of signature. 

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

Governments, have signed this Agreement. 

DONE at tt..kw , this t,2 7)__ day of >liv. M1I, 2o:Jo, in two originals, in the English 

language. ~ 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF 

THE UNITED STATES OF AMERICA: THE COMMONWEALTH OF THE BAHAMAS: 

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ANNEXI 

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: 

1. From points behind the United States via the United States and intermediate points to a 

point or points in The Bahamas and beyond. 

2. For all-cargo service or services, between The Bahamas and any point or points. 

B. Routes for the airline or airlines designated by the Government of The Bahamas: 

1. From points behind The Bahamas via The Bahamas 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; 

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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 airline is a continuation of the 

transportation from beyond such point. 

ANNEX II 

Charter Air Transportation 

Section 1 

A. 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): 

1. 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 

2. 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. 

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B. In the performance of services covered by this Annex, airlines of each Party designated 

under this Annex shall also have the right: ( 1) to make stopovers at any points whether within or 

outside of the territory of either Party; (2) to carry transit traffic through the other Party's 

territory; (3) to 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. 

C. 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. 

Section 2 

A. 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. 

B. 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, 

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. 

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