TREATIES AND OTHER INTERNATIONAL ACTS SERIES 18-919.5

________________________________________________________________________

REGIONAL ISSUES

Compact of Free Association

Civil Aviation Safety Services and Related Programs

Amendment to Article VIII of the

 Federal Programs and Services

 Agreement Between the 

UNITED STATES OF AMERICA

and PALAU

Signed at Honolulu September 3, 2010
 

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.”
 

 PALAU

 Regional Issues: Compact of Free Association

 Civil Aviation Safety Services and 

 Related Programs

 Amendment to Article VIII of the Federal Programs and 

 Services Agreement;

 Signed at Honolulu September 3, 2010;

 Entered into force September 19, 2018.

 

.

 
Appendix E(3): 

Agreement Between 

the Government ofthe United States of America 

and 

the Government ofthe Republic of Palau 

to Amend Article VIII ofthe Federal Programs and Services Agreement 

Concluded Pursuant to Article II ofTitle Two and 

Section 232 ofthe Compact of Free Association 

The Government of the United States of America and the Government of the Republic of Palau 

hereby agree to amend Article VIII of the Federal Programs and Services Agreement Concluded 

Pursuant to Article II of Title Two and Section 232 of The Compact of Free Association, signed 

at Palau on January 10, 1986 (the Compact), to read as follows: 

Article VIII 

Civil Aviation Safety Services and Related Programs 

I. The Government of the United States and the Government of Palau agree that the Federal 

Aviation Administration (FM) shall provide aviation safety services in the Republic of Palau in 

accordance with this Article, subject to the availability of appropriated funds, with the common 

desire to: 

(a) promote the common interests of the Government of the United States and the 

Government of Palau in fostering safe and efficient air service; and 

(b) provide advice and guidance to aviation safety statutory and regulatory regimes 

and aviation safety authorities ofthe Government ofPalau. 

2. The Administrator of the FAA may determine, after consultation with the Government of 

Palau, the appropriate level of services and related programs that the FAA shall provide under 

the Compact and this Agreement, provided the levels of services and related programs are 

consistent with the principles and objectives of the Compact and this Agreement, including 

paragraph 1 above and paragraphs 3 and 5 below. 

3. On behalf ofthe Government of Palau, the Government of the United States shall provide 

aviation safety services in the Republic of Palau as follows: 

(a) en route air traffic services within that air space including the Republic of Palau 

for which the Government of the United States has responsibility under the appropriate 

regional air navigation plan approved by the International Civil Aviation Organization 

(ICAO); 
(b) flight inspection and ground certification of non-directional beacons and distancemeasuring equipment, and periodic review and evaluation of the need for, and the 

maintenance, modification, improvement or replacement of, non-directional beacons, 

distance-measuring equipment and other aviation navigational systems in the Republic of 

Palau (the non-directional beacons and distance-measuring equipment shall be removed 

from service when the Government of the United States determines the need for them no 

longer exists); and 

(c) development and updating of instrument approach procedures, standard 

instrument departure procedures and standard terminal arrival routes for airports in the 

Republic ofPalau, and issuance of appropriate Notices to Airmen. 

4. The Government of Palau, pursuant to Section 471(b) of the Compact, shall take all 

necessary steps to ensure the conformity of its laws, regulations and administrative procedures 

with the provisions of this Article. The aviation safety services specified under paragraph 3 of 

this Article shall be provided exclusively pursuant to treaties and other international agreements 

relating to aviation safety to which the United States is a party and the laws and regulations of 

the United States. The Government of Palau: 

(a) consistent with Resolutions A33-14, Appendix N, Air Navigation, of ICAO 

Assembly Resolutions in force as of October 5, 2001, assigns and delegates to the 

Government of the United States sole authority and responsibility for providing aviation 

safety services as specified in paragraph 3(a) of this Article until such time as those 

responsibilities are transferred at the request of the Government of Palau, and with the 

approval of the Government of the United States and ICAO, from the Government ofthe 

United States to the Government ofPalau~ and 

(b) grants unobstructed access by FAA personnel and FAA equipment to the airport 

and to the property on which the navigational and landing aids set forth in paragraph 3(b) 

ofthis Article are located. 

5. The FAA shall provide technical assistance to the Government of Palau to develop civil 

aviation safety authorities and to assist the Government of Palau in the administration of safety 

certification and related aviation safety programs. Such technical assistance shall be provided 

pursuant to implementing agreements to be negotiated from time to time between the 

Government of the United States and the Government of Palau. The FAA shall provide such 

technical assistance in accordance with the provisions of Title 49, United States Code, Subtitle 

VII, Part A, Sections 40101 et seq., and Part B, Chapter 473, Sections 47301 et seq. The 

technical assistance provided by the FAA includes, but is not limited to: 

(a) continuing development of aviation safety statutes, regulations and aviation safety 

authorities; 

(b) training, in the United States or its territories, of personnel designated by the 

Government of Palau; 
(~) stationing of FAA personnel in the Republic of Palau to provide continuing 

advice and guidance to aviation safety authorities at the request of the Government of 

Palau. Such advice and guidance may include assistance to aviation required for 

certification by the Government of Palau of airmen, aircraft, airports and air agencies, as 

the term "air agencies" is used in 49 U.S.C. 44702 and 44707; and 

(d) equipment, tools, and facilities determined to be necessary to ensure aviation 

safety. 

6. Pursuant to Article III, Title One, of the Compact, the Government of Palau shall protect 

radio frequency bands allocated in accordance with Article 5 of the Radio Regulations of the 

International Telecommunications Union (ITU) to the aeronautical mobile, mobile, aeronautical 

fixed, fixed, aeronautical radionavigation, and radionavigation services in accordance with the 

provisions of the ITU Radio Regulations, in order to ensure their use free of interference for 

these allocated purposes in support of civil aviation. 

7. The Government of Palau, in order to ensure that it transmits and receives the most 

current meteorological information for civil aviation purposes and that such information it 

provides shall be available on a global basis, shall provide continuing access to their 

telecommunications services for meteorological traffic to and from Guam or other points as may 

be designated by the Government of the United States in consultation with the Government of 

Palau. 

8. The Government of Palau, in order to ensure that they transmit and receive the most 

current flight movement and airmen information data for civil aviation purposes, and that such 

information received or provided by them will be available on a global basis, shall provide 

continuing access to their telecommunications services for flight movement and airmen 

information traffic to and from Guam or other entry points into the Aeronautical Fixed Service of 

the International Civil Aviation Organization as may be designated in accordance with the 

Convention on International Civil Aviation, Annex 10, Volumes l and 2, by the Government of 

the United States in consultation with the Government of Palau. 

9. The sponsors of airports located in the Republic of Palau shall be eligible for grants under 

Title 49, United States Code, Subtitle VII, Part B, Sections 47115 and 47116. 

10. The Government of the United States and the Government of Palau shall from time to 

time enter into such agreements as may be necessary to implement subparagraphs (b) and (c) of 

paragraph 3 of this Article. 

This Agreement to amend Article VIII of the Federal Programs and Services Agreement 

Concluded Pursuant to Article II of Title Two and Section 232 of the Compact of Free 

Association shall enter into force on the date of the last note of an exchange of diplomatic notes 

by which the Government of the United States of America and the Government of the Republic 

of Palau inform each other that all internal procedures necessary for its entry into force have 

been fulfilled. This Agreement may be amended by the Government of the United States of 

America and the Government of the Republic of Palau at any time by mutual written agreement. 
This ~tshall remain in force through September 30, 2024, subject to Article IV, Title 

Four ofthe Compact. 

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

have signed this Agreement. 

DONE AT \:b),\ll\u..\l.A.. usIA , in duplicate, this 3 r.J day of~t:,.._.b , 2010, in 

the English language. ' 

FOR THE GOVERNMENT FOR THE GOVERNMENT 

OF THE UNITED STA TES OF AMERICA: OF THE REPUBLIC OF PALAU: