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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 20-930.1 

TRANSPORTATION 

Aviation Transport Services 

Agreement Between the 

UNITED STATES OF AMERICA 

and BANGLADESH 

Signed at Dhaka September 30, 2020 

Entered into force September 30, 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 PEOPLE'S REPUBLIC OF BANGLADESH 

The Government of the Umted States of Amenca and the Government of the People's Republic 

of Bangladesh (heremafter, "the Parties"); 

Desiring to promote an mternational aviation system based on competition among airlines m the 

marketplace with mimmum government mterference and regulation; 

Desmng to make 1t possible for airlines to offer the traveling and shippmg pubhc a vanety of 

service options, and wishing to encourage individual a1rlines to develop and implement 

innovative and competitive pnces; 

Deming to facilitate the expansion of international air transport opportunities; 

Deming to eTisure the highest degree of safety and security in international air transport and 

reaffirming their grave concern about acts or threats agamst the security of aircraft, which 

Jeopardize the ;;afety of persons ot property, adversely affect the operat10n of a1r transportation, 

and undermme pllbhc confidence m 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: 
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Article 1 

Definitions 

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

I. "Aeronautical authorities" means, in the case of the United States, the Department of 

Transportation and in the case of Bangladesh, the Civil Aviation Authority of Bangladesh, and 

any person or agency authorized to perform functions exercised by the Department of 

Transportation or said Civil Aviation Authority of Bangladesh; 

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 hite; 

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; 

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" mean:, uny 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, ihcluding 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; 

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

of a Party; and 
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l 1. "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 

Grunt of Rights 

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

air t.ranspmtation 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: 

(iJ for airlines of the United State~, from points behind the United States via 

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

Bangladesh ·and beyond; and for all-cargo service, ·between Banglade~h 

and any :point or points; 

(ii) for airlines of Bangladesh, from points behind Bangladesh via Bangladesh 

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

beyond; and for .all-cargo servi~, 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 dire<;tions; 

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; 
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f serve pomts behind any pomt m its territory with or without change of affcraft or 

flight number and hold out and advertise such ·services to the pubhc 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. combme traffic on the same a1rcraft regardless of where such traffic ongmates, 

without dJrect1onal or geographic limitation and without loss of any right to carry traffic 

otherwise penrnssible under this Agreement, provided that, with the except10n of all-cargo 

services, the transportation 1s part of a service that serves a pomt in the homeland of the airline. 

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

mtemat1onal air r.ransportahon without any limitation as to change, at any pomt on the route, m 

type or number of aircraft operated, provided that, with the exception of all-cargo services, m the 

outbound d1rect1on, the transportat10n beyond such pomt 1s a contmuat10n of the transportation 

from the homeland of the a1rlme and, m the mbound d1rect10n, the transportation to the homeland 

of the airlme 1s a contmuahon of the transportation from beyond such pomt. 

4 Noth mg m this Article shall be deemed to confer on the airlme or airlines of one Party the 

nghts to take on board, m the territory of the other Party, passengers, baggage, cargo, or mail 

earned for compensat1011 and destmed for another pomt in the temtory of that other Party. 

-: Any airlme of a Party performmg charter mtemat10nal a1r transportation ongmatmg 111 the 

temtory of e,ther Party, whether on a one-way or round-tnp basis, shall have the opt10n of 

complymg v. 1th the cha1ier laws, regulat10ns, and rules either of its homeland or of the other 

Party If a Party applies different rules, regulat10ns, terms, conditions, or limitations to one or 

more of Its a1rlmes, or to airlmes of different countnes, each a1rlme of the other Party shall be 

subject to the least restnctive of such criteria. Nothmg m this paragraph shall hmit the nghts of a 

Pany to rcqu!l'e ,mimes of both Parties to adhere to reqmrements relatmg to the protect10n of 

passenger funds and passenger cancellat10n and refund rights. Except with respect to the 

consumer protect10n rules refen-ed to m this paragraph, neither Party shall reqmre an airlme of 

thl: other Pa1iy, m re3pect of the carnage of traffic from the terntory of that other Party or of a 

third countr:, on a one-way or round-tnp basis, to submit more than a notice that n 1s complymg 

\-Vlth the appl!cabk laws, regulations, and rules refened to m this paragraph or of a waiver of 

these laws, regulanons. or rules granted by the applicable aeronautical authorities. 
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Article 3 

Authorization 

Each Party, on receipt of applicat10ns from an airline of the other Party, in the form and manner 

prescribed for operatmg authorizations and techmcal permissions, shall grant appropriate 

authorizations and penmss1ons with mmunum procedural delay, provided: 

a. substantial ownership and effective control of that alflme are vested m the other Party, 

nat10nals of that Party, or both, 

b. the airlme 1s qualified to meet the conditions prescribed under the laws and regulat10ns 

normally applied to the operation of mternational air transportation by the Party consrdermg the 

apphcat10n or apphcat10ns; and 

c. the other Party 1s mamtammg and admmistenng the prov1s1ons set forth m Article 6 

(Safety) and A111cle 7 (Aviat10n Security) 

Article 4 

Revocation of Authorization 

Either Party may revoke, suspend, limit, or impose condit10ns on the operatmg 

authonzat10ns or techmcal penmss10ns of an a1rlme where. 

a. that a1rl111e 1s not an a1rlme of the other Party under Article 1(4), 

b. substantial ownership and effective control of that airline are not vested m the other 

Party, the other Pany's nanonals, or both; or 

c. that atrhne has falied to comply with the laws and regulations referr~d to m Article 5 

(Application of Laws) of this Agreement 

2. Unless nnmed1ate act10n is essential ro prevent further noncompliance with subparagraph 

I c of this Article, the nghts estabhshed by thts Article shall be exercised only after consultation 

with the other Party 

This A1t1cle does not hmit the rights of either Party to withhold, revoke, suspend, limit, 

or impose cond1t10ns on the operatmg authorization or techmcal penmss10n of an a1rlme or 

airhnes of the other Party m accordance with the prov1S1ons of Article 6 (Safety) or Article 7 

(A v1ation Secunty) .. 

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b 

Article 5 

Application of Laws 

The laws and regulations of a Party relatmg to the admiss10n to or departure from its 

territory of aircraft engaged m mternat1onal a1r navigat10n, or to the operat10n and nav1gat10n of 

such aircraft while w1thm its terntory, shall be complied with by such aircraft upon entering, 

when departmg from, or while within the temtory of the first Party. 

2. While entenng, w1thm, or leavmg the territory of one Party, its laws and regulations 

relatmg to the ad1rnss10n to or departure from its territory of passengers, crew or cargo on aircraft 

(mcludmg rcgulat1011s relating to entry, clearance, aviat10n secunty, ummgration, passports, 

customs and quarantme or, m the case of mail, postal regulat10ns) shall be complied with by, or 

on behalf of. such passengers, crew or cargo of the other Party's atrlmes. 

Article 6 

Safety 

Each Party shall recogmze as valid, for the purpose of operating the air transportation 

provided for rn this Agreement, certificates of airworthmess, certificates of competency, and 

licenses JSsued '.)r validated by the other Party and still m force, provided that the reqmrements 

for such certificates or licenses at least equal the mm1mum standards that may be established 

pursuant to the Co11vent10n. Each Party may, however, refuse to recognize as valid for the 

purpose of f.ight above its own temtory, certificates of competency and licenses granted to or 

vahdated for its own nat10nals by the other Party 

2. Either Party may request consultat10ns concemmg the safety standards mamtained by the 

other Party n.:1,;ting to aeronautical facilities, aircrews, atrcraft, and operation of atrlines of that 

other Party If, followmg such consultat10ns, one Party finds that lhe other Party does not 

effectively mamtam and admmister safety standards and requirements m these areas that at least 

equal the mm1mum standards that may be established pursuant to the Convention, the other Party 

shall be notified of such findmgs and the steps considered necessary to conform with these 

mm1murn standards, and the other Party shall take appropnate corrective action. Each Party 

reserves the nght to withhold, revoke, suspend, limit, or impose condit1011s on the operatmg 

authonzation or techruca! perm1ss10n of an airline or a1rlmes of the other Party 111 the event the 

other Party does not take such appropnate corrective act10n w1thm a reasonable time and to take 

1mmed1ate action, prior to consultations, as to such airline or airlines if the other Party 1s not 

ma ntammg and admm1stenng the aforement10ned standards and unmediate action 1s essential to 

prevent further rioncomphance. 
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Article 7 

Aviation Security 

The Parties affirm that their obligation to each other to protect the secunty of civil 

aviation agamst acts of unlawful mterference forms an mtegral part of this Agreement. Without 

hm1tmg the generality of thetr nghts and obhgat10ns under mternat10nal law, the Parties shall m 

particular act 111 confom11ty with the prov1s10ns of the Convent10n on Offenses and Certam Other 

Acts Committed on Board Atrcraft, done at Tokyo September 14, 1963, the Convent10n for the 

Suppression of Unlawful Seizure of A1rcraft, done at The Hague December 16, 1970, the 

Convent10n for the Suppress10n of Unlawful Acts agamst the Safety of Civil Aviation, done at 

Montreal September 23, 1971, and the Protocol for the Suppress10n of Unlawful Acts of 

Violence at A1rports Servmg International C1v1l Aviat10n, Supplementary to the Convention for 

the Suppress10n of Unlawful Acts agamst the Safety of C1v1l Avtat10n, done at Montreal 

February 24, 1988 

2. The Part1es shall provide upon request all necessary assistance to each other to prevent 

acts of unla\ ful seizure of c1v1l aircraft and other unlawful acts against the safety of such 

a1rcraft, of their passengers and crew, and of airports and atr nav1gat10n facilities, and to address 

any other threat to the security of civil a1r nav1gat10n. 

3 The Parties :;ha11, in their mutual relat10ns, act m conformity with the aviation secunty 

standards and appropnate recommended practices estabhshed by the Intemat10nal C1v1! Aviat1011 

OrgamzatlOn and designated as Annexes to the Convent10n, they shall require that operators of 

aircraft of their registry, operators of aircraft that have their pnnc1pal place of busmess or 

permanent res1denc~ 111 their terntory, and the operators of airports m their terntory act m 

confonmty \\•Ith such aviat10n secunty prov1s10ns 

4 Each Party agrees to observe the security prov1s10ns reqmred by thl! other Party for entry 

mto, for departure from, and while within the territory of that other Party and to take adequate 

mea;;ures to protect alfcraft and to inspect passengers, crew, and their baggage and carry-on 

items, as well a:., cargo dild aircraft stores, pnor to and dunng boarding or loading. Each Party 

shall also give positive cons1derat10n to any request from the other Pa,ty for special secunty 

measures to meet a particular threat. 

5 When an l"V:,dent or threat of an mc1dent of unlawful seizure of aircraft or other unlawful 

acts agamst the safery of passengers, crew, a1rcraft, airports or air navigation fac1ht1es occurs, the 

Parties shall ass1:;t each other by facihtatmg communications and oth-:!r appropnate measures 

intended to term1nak rapidly and safely su(;h mc1dent 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 penniss1ons of an airline or atrlmes of that Party When reqmred by an emergency, 

a Party may take interim action prior to the expiry of 15 days. 

Article 8 

Commercial Opportunities 

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 a1rlmes of each Paity shall be entitled, in accordance with the laws and regulations of 

the other Party relating to entry, residence, and employment, to b1ing m and mamtain m the 

temtory of the other Party managerial, sales, technical, operational, and other specialist staff 

reqmred for the provision of air transportation. 

3 Each a1rlme 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 m whole or m part. The rights shall be subject only to physical constramts resultmg 

from cons1dcrat10ns of airport safety Where such considerations preclude self-handlmg, ground 

services shall be available on an equal basis to all a1rhnes; charges shall be based on the costs of 

services prov1dec;; and such services shall be comparable to the kind and quality of services as If 

self-handling were possible. 

4 An arrlme of a Party may engage in the sale of air transportation m the territory of the 

other Party d1rectly and, at the airline's discretion, through its agents, except as may be 

spec1ficaHy p,·ov1 ded 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 

a1rlme shall have the nght to sell such transportation, and any person shall be free to purchase 

such transportat10n, m the currency of that territory or in freely convertible currencies. 

5. Each a1rhne 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 

::-emittance shali be permitted promptly without restrictions or taxation L'.I respect thereof at the 

rate of exchange applicable to current transact1011s and remittance on the date the earner makes 

the m1t1al apphcat1on for remittance. 
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6 The a1rlmes of each Party shall be permitted to pay for local expenses, mcludmg 

purchases of fuel, m the temtory of the other Party m local currency. At the1r discretion, the 

airlmes of each Paity may pay for such expenses m the territory of the other Party m freely 

convertible currencies accordmg to local currency regulat10n. 

7 ln operatmg or holdmg out the authonzed services under this Agreement, any airlme of 

one Party may enter mto cooperative marketmg arrangements such as blocked-space, codesharmg, or leasmg arrangements, with 

a. an air] me or airlines of either Party; 

b. an a1rlme or airlmes of a third country; and 

c. a surface transportation provider of any country; 

provided that all part1c1pants in such arrangements (1) hold the appropriate authonty and (ii) meet 

the requiremcnts normally applied to such arrangements. 

8 Airlmcs and mdtrect providers of cargo transportation of both Pmi1c::. shall be pem11tted, 

without restnct1on, to employ 111 connection with mternat10nal air transportation any surface 

transpor.atJon for cargo to or from any pomts m the temtories of the Parties or m third countnes, 

mcludmg to and from all a1rpo1ts with customs facihhes and to transport cargo m bond under 

applicable 13.ws and regulations. Such cargo, whether movmg by surface or by air, shall have 

access to airport customs processmg and fac1lit1es. Airlmes may elect to perform their own 

surface transportation or to provide 1t through arrangements with other surface earners, mcludmg 

surface transportation operated by other atrhnes and mdtrec! providers of cargo air 

transportat10n Such m1ern1odal cargo services may be offered at a smgle, through pnce for the 

air and surface transportation combmed, provided that shippers are not rmsled as to the facts 

concernmg such transportat10n. 

Article 9 

Customs Duties and Charges 

On arnvmg 111 the temtory of one Party, aircraft operated 111 mtemat10nal atr 

transportation by the mrlmes of the other Party, their regular eqmpment, ground equipment, fuel, 

lubricants, consumable techmcal supplies, spare parts (mcluding engmes), aircraft stores 

(mcludmg but not limited to such items of food, beverages and hquor, tobacco, and other 

products desttned for sale to or use by passengers m limited quantities durmg flight), and other 

items mtended for or used solely m connection with the operation or servicing of aircraft 

engaged m mtemahonal air transportation shall be exempt, on the basis of reciprocity, from all 

import restrictions, propeiiy 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, provtded that such equipment and supplies remain on board the a1rcraft. 
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2. There shall also be exempt, on the basis ofreciproc1ty, from the taxes, levies, duties, fees, 

and charges referred to m paragraph I of this Article, with the exception of charges based on the 

cost of the service provided. 

a. a1rcraft stores introduced into or supphed in the temtory of a Party and taken on 

board, within reasonable hmits, for use on outbound aircraft of an airline of the other Party 

engaged in internat10nal a1r 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 (includmg engmes) introduced into the temtory of a 

Party for the serv1eing, maintenance, or repair of a!fcraft of an alfline of the other Party used m 

intemat10nal air transportation; 

c fuel, lubncants, and consumable techmcal supplies introduced into or supplied m the 

terntory of a Party for use in an aircraft of an a1rhne of the other Party engaged m mternat1onal 

a1r transpo1iat1011, even when these supplies are to be used on a part of the Journey performed 

over the temtory of the Party in which they are taken on board; and 

d. promotional and advertising materials introduced into or supplied m the terntory of 

one Party and taken on board, w1thm reasonable hm1ts, for use on outbound a!fcraft of an atrhne 

of the other Party engaged m intemat10nal air transportat10n, even when the5e matenals are to be 

used on a part of the Journey performed over the temtory of the Party m which they are taken on 

board. 

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

to be kept under the superv1s1on or control of the appropriate authorities. 

4. The exempt10ns provided by this Article shall also be available where the a1rlmes of one 

Party have contracted with another airline, which snmlarly enjoys such exemptions from the 

other Party, for the loan or transfer m the territory of the other Party of the items specified m 

paragraphs I and 2 of tins Article. 

Article 10 

User Charges 

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

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

and eqmtably 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 a1rlme at the t11ne the charges are assessed. 

l..-
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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 m 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, m 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 1s the subject of complaint by the other Party within a reasonable amount of time; or 

(b) following such a review it falls to take all steps within its powet to remedy any charge or 

practlce that is mconsistent with this Article. 

Article 11 

Fair Competition 

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

compete m providmg 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 considerat10ns m 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 airlmes of 

the other Party, .except as may be required for customs, technical, operahonal, or environmental 

reasons under umform cor.ditlons consistent with Article 15 of the Convention. 

3 Ne1.ther Party shall impose on the other Party's airlines a first-refusal requirement, uplift 

ratio, no-ob.1ect1on fee or any other reqmrement with respect to capacity, frequency, or traffic 

that would be mcons1s tent with the purposes of this Agreement. 

4 Neither 1~art.> sh.all reqmre the filmg of schedules, programs for charter flights, or 

opcratwnal plans by ap·lmes of the other Party for approval, except as may be required on a nond1scnmmato:y t~as!s tc, enforce the uniform cond1t1oos foreseen by parag,aph 2 of this Article or 

as may be spec1ficaily .1uthorized in this Agreement if a Party requires filings for information 
12 

purposes, it shall mmimize the admimstrative burdens of filing requirements and procedures on 

air transportation intennediaries and on airlines of the other Party. 

Article 12 

Pricing 

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 P'.:lrties 

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. protect10n of airlines from pnces that are artificially low due to direct or mdirect 

govetTl'11enta1 subsidy or support. 

2. Either Party may require notification to or filing with its aeronautical authorities of pnces 

to be charged to or from its territory by airlmes of the other Party. Sue.I, notificatwn or filing by 

the a1rl;nes may be 1eqmred to be made not later than the imtial offering of a price, regardless of 

the f9nn, electromc or other, m which the price is offered. 

3 Neither Party shall take umlateral act10n to prevent the inaugurat10n or :::ontinuation of a 

pnce proposed to he charged or charged by (i) an airline of either Party for mtemational air 

transportation bet"iveen the territ<;>ries of the Parties, or (ii) an airline of one Party for international 

air transpo1tation between the territory of the other Party and any other country, including in both 

cases transportation on an interline or mtralme basis. If either Party believes that any such pnce 

1s mconsistent with the considerations set fo11h m paragraph 1 of this Article, it shall request 

consultations and notify the other Party of the reasons for its d1ssatisfact10n as soon as possible. 

These consultation!> shall be held not later than 30 days after receipt of the request, and the 

Parties shall cooperate in securing mformation necessary for reasoned resolution of the issue. If 

the Parties reach agreement w;th respect to a price for which. Ii notice of dissatisfaction has been 

given, each Party shall use its best efforts to pμt that agreement into effect. Without such mutual 

agreement, tht' pnce shall go mto effect er continue in effect. 
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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. 

Article 14 

Settlement of Disputes 

Any dispute arising under this Agreement, except those that may arise under paragraph 3 

of Article 12 (Pricmg), that is not resolved withm 30 days of the date established for 

consultations pursuant to a request for consultations under Article 13 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 1t is 

requesting that the dispute be submitted to arbitration. 

2. Arb1trat1on shall be by a tribunal of three arbitrators to be constituted as follows: 

a. W1thm 30 days after the receipt of a request for arbitration, each Party shall name one 

arbitrator. W1th111 60 days after these two arbitrators have been named, they shall by agreement 

appomt a thtrd arbitrator, who shall act as President of the arbitral tribunal; 

b. If either Party fails to name an arbitrator, or 1f the third arbitrator is not appointed. 111 

accordance with subparagraph a of this paragraph, either Party may request the President of the 

CouncI! of the International Civil Aviation Organization to appoint the necessary arbitrator or 

arbitrators w1thm 30 days. If the President of the Council is of the same nationality as one of the 

Parties, the most semor Vice President who 1s not disqualified on that ground shall make the 

appointment. 

J The arb1tral 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 fom1ed, may at the request of either Party recommend mterim relief measures 

pcndmg its final determination. If either of the Pa11ies requests it or the tnbunal deems 1t 

appropriate, a conference to determine the precise issues to be arbitrated and the specific 

procedures to be followed shall be held not later than l 5 days after the tribunal is fully 

constttuted. 

Except as otherwise agreed or as dtrected by the tnbunal, the st:nement of daim shall be 

submitted w1i.hm 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 

4 
14 

w1thm 30 days of the subm1ss10n of the 5tatement of defense. Any reply by the respondent shall 

be submitted w1thm 30 days thereafter If either P::irty requests 1t or the tribunal deems 1t 

appropriate, the tnbunal shall hold a heanng w1th111 45 days after the last pleadmg 1s due. 

5 The tnbunal shall attempt to render a written decis10n withm 30 days after complet10n of 

the heanng or, if no hearmg ts held, after the last plcadmg 1s submitted. The decis10n of the 

maJonty of tl:e tn bunal shall prevail. 

6. The Parties may submit requests for mterpretat10n of the dec1s1on withm 15 days &ftcr 1t 

1s rendered and ,my 111cerpretahon given shall be issued withm 15 days of such request. 

7 Each Party shall, to the degree consistent with its nat10nal law. give full effect to any 

dec1s10n or award of the arbitral tribunal 

8 The expenses of the arb1tral tribunal, mcludmg the fees and expenses of th~ arbitrators, 

shall be shared equally by the Parties. Any expenses mcurred by the President of the Council of 

the lnternat1011,i1 Civil Aviat10n Orgamzat10n 111 connect10n with the procedures of paragraph 2b 

ofth1s Arucle shall b.: considered to be part of the expenses of the arbitral tribunal 

Article 15 

Termination 

Either Party may, at any time, give notice m wntmg to the other Party of 1'.s dec1s10n to term mate 

this Agreernern Such notice shall be sent simultaneously to the Internat10na] C1v1l Av1at10n 

Orgamzation 1lus Agreement shall terminate at m1dmght (at the place of receipt of the notice to 

the ether Party) at the ~nd of the lnternat10nal Atr Transport Assocrntwn tIATA) traffic season m 

effect one year followmg the date of wnttcn not1ticahon of tennination, unless the notice 1s 

\;,1thdrawn 'JY a•,sreernent of the Parties before the end ofth1s penod. 

Article 16 

Registration with ICAO 

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

Aviation Org;;ruzatton. 
15 

Article 17 

Entry into Force 

fh1s Agreement shall enter mto force on the date of signature. 

!N WITNES~ WHEREOf< the undersigned, bemg duly authonzed by their respective 

Governments, have signed this Agreement. 

DONE al Dh::1ka. this 30th day of September 2020, m two ongmals, m the 

Eng11sh language 

FORTHEGOVERNMENTOFTHE FOR THE GOVERNME~T OF THE 

UNITED STATES OF AMERICA. PEOPLE'S REPUBLIC Of BANGLADESH· 

Earl R. M • ller Md. Mohibul Haque 

Ambassador Semor Secretary 

Mimstry of Civil Aviation and Tounsm