TREATIES AND OTHER INTERNATIONAL ACTS SERIES 15-505

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CIVIL AVIATION

Transport Services

Agreement Between the

UNITED STATES OF AMERICA

and BARBADOS

Signed at Bridgetown May 5, 2015
 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.”
 BARBADOS

Civil Aviation: Transport Services

 Agreement signed at Bridgetown

 May 5, 2015;

 Entered into force May 5, 2015.

 

 
AIR TRANSPORT AGREEMENT 

BETWEEN 

THE GOVER."iMENT OF 

THE UNITED STATES OF Al\fERICA 

AND 

THE GOVERNMENT OF BARBADOS 
2 

The Government of the United States of America and the Government 

of Barbados (hereinafter, "the Parties"); 

Desiring to promote an international avrat10n system based on 

competition among airlines in the marketplace with mmrmum 

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 and recognizing the particular issues related to 

international civil aviation in the Caribbean Community; 

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 December 7, 1944; 

Have agreed as follows: 

Article 1 

Definitions 

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

1. "Aeronauticai authorities" means, in the case of the United 

States, the Department of Transportation and in the case of Barbados, 

the Minister responsible for civil aviation, and any person o~ agency 

authorized to perform functions exercised by the Depart~ent of 

Transportation or said Minister; · 

2. "Agreement" means this Agreement and any amendments 

thereto; 

3. "Air transportation" means the public carriage by ai~craft of 

passengers, baggage, cargo, and mail, separately or in combination, 

scheduled or charter, for remuneration or hire; 

4. "Airline of a Party" means an airline that has received its Air 

Operator's Certificate· (AOC) from and has its principal place of 

business in the territory of that Party; 
3 

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 serv1ce 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; 

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; 
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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 via the United States and 

intermediate points to any point or points in 

Barbados and beyond; and for all-cargo service, 

between Barbados and any point or points; 

(ii) for airlines of Barbados, from points behind 

Barbados via Barbados 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 behind, intermediate, and beyond points and points 

in the territories of the Parties 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 

1. combine traffic on the same aircraft regardless of where 

such traffic originates; 

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 
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transportation is part of a service that serves a point in the homeland 

of the airline. 

3. On any segment or segments of the route.s 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. 

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 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 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. 

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 the other Party, nationals of that Party, or both; 
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b. 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 

c. the other Party 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 

where: 

a. that airline is not an airline of the other Party under Article 

1(4); 

b. substantial ownership and effective control of that airline 

are not vested in the other Party, the other Party's nationals, 

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 lc 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 

authorizations or technical permissions of an airline or airlines of the 

other Party in accordance with the provisions of Article 6 (Safety) or 

Article 7 (Aviation Security). · 

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 the first 

Party. 
7 

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 authorizations or technical permissions 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. 

Article 7 

Aviation Security 

I. 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 
8 

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, 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, and the Convention on the Marking of Plastic Explosives 

for the Purpose of Detection, done at Montreal March 1, 1991. 

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 th~ 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 carryon 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. ¥/hen 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 thcit Party may request 

immediate consultations with the aeronautical authorities of the other 

Party. Failure to reach a satisfactory agreement within fifteen (15) 

days from the date of such request shall constitute grounds to 
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withhold, revoke, suspend, iimit, or impose conditions on the 

operating authorization and technical permissions of an airline or 

airlines of that Party. When ;-equired by an emergency, a Party may 

take interim action prior to the expiry of fifteen ( 15) days. 

Ar·ticle 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 groundhandling 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 rt1mittance on the date the carrier makes the initial 

application for rem.ittance. 
lO 

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 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 

l. On arriving '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 
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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. 

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. 
12 

Article 10 

User Charges 

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

authorities or bodies of each Party on the airiines 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, put 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 (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. 
13 

Article 11 

Fair Competition 

I. 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. 

2. 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. 

3. Neither Party shall impose on the other Party's airlines a firstrefusal 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 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. 

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: 
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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. Except for charter services, either Party may require 

notification to or filing with its aeronautical authorities of prices to be 

charged to or from its territory by airlines of the other Party. Such 

notification or filing by the airlines may be required to be made not 

later than the initial offering of a price, regardless of the form, 

electronic or other, in which the price is offered. 

3. Neither Party shall take unilateral action to prevent the 

inauguration or continuation of a price proposed to be charged or 

charged by (i) an airline of either Party for international air 

transportation between the territories of the Parties or (ii) 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 thirty (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 endeavor to put that 

agreement into place. Without such mutual agreement, the price shaH 

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 sixty (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 Article 12 (Pricing), that is not resolved within thirty 

(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 thirty (30) days after the receipt of a request for 

arbitration, each Party shall name one arbitrator. Within sixty 

(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 thirty (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 fifteen ( 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 forty-five (45) days of 

the time the tribunal is fully constituted, and the statement of defense 

shall be submitted sixty (60) days thereafter. Any reply by the 

claimant shall be submitted within thirty (30) days of the submission 

of the statement of defense. Any reply by the respondent shall be 
16 

submitted within thirty (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 

thirty (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 fifteen (15) days after it is rendered and any 

interpretation given shall be issued within fifteen (15) days of such 

request. 

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 ofthe expenses of the arbitral tribunal. 

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 (lATA) 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. 
17 

Article 17 

Entry into Force 

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

Upon entry into force, this Agreement shall supersede the Air 

Transport Agreement between the Government of the United States of 

America and the Government of Barbados, signed at Bridgetown on 

April 8, 1982. 

IN WITNESS WHEREOF the undersigned, being duly authorized by 

their respective Governments, have signed this Agreement. 

DONE at 8r~fJ:.~w,!, this .5f/, day of f.!tr 'r' , 20j~in two originals, in e Engiish language. 

For the Government of 

Barbados: