TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-407

________________________________________________________________________

TRANSPORTATION

Aviation

Agreement Between the

UNITED STATES OF AMERICA

and SAINT VINCENT AND THE GRENADINES

Signed at Kingstown April 7, 2017
 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.”
 SAINT VINCENT AND THE GRENADINES

 Transportation: Aviation

 Agreement signed at Kingstown

 April 7, 2017;

 Entered into force April 7, 2017.

 

 
AIR TRANSPORT AGREEMENT 


BETWEEN 


THE GOVERNMENT OF 


THE UNITED STATES OF AMERICA 


AND 


THE GOVERNMENT OF 


SAINT VINCENT AND THE GRENADINES 


The Government ofthe United States ofAmerica and the Government ofSaint Vincent and the 

Grenadines (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 ofinternational air transport opportunities; 

Desiring to ensure the highest degree ofsafety and security in international air transport and 

reaffirming their grave concern about acts or threats against the security of aircraf4 which 

jeopardize the safety of persons or property, adversely affect the operation of air transportation, 

and undermine public confidence in the safety ofcivil aviation; and 

Being Parties to the Convention on International Civil Aviation, done at Chicago December 7, 

1944; 

Have agreed as follows: 
2 


Article 1 


Definitions 


For the purposes ofthis Agreement, unless otherwise stated, the tenn: 

1. "Aeronautical authorities'' means, in the case ofthe United States, the Department of 

Transportation and in the case ofSaint Vincent and the Grenadines, the Ministry ofNational 

Security, Air and Seaport Development, and any person or agency authorized to perform 

functions exercised by the Department ofTransportation or the fyfinistry ofNational Security, 

Air and Seaport Development; 

2. "Agreement'' means this Agreement and any amendments thereto; 

3. "Air transportation" means the public carriage by aircraft ofpassengers, baggage, cargo, 

and mail, separately or in combination, scheduled or charter, for remuneration or hire; 

4. "Airline of a Party" means an airline that bas received its Air Operator's Certificate 

(AOC) from and has its principal place ofbusiness in the territory ofthat Party; 

5. "Conv~tion'' means the Convention on International Civil Aviation, done at Chicago 

December 7, 1944, and includes: 

a. any amendment that has entered into force tinder Article 94(a) ofthe Convention and 

has been ratified by both Parties, and 

b. any Annex or any amendment thereto adopted under Article 90 ofthe Convention, 

insofar as such Annex or amendment is at any given time effective for both Parties; 

6. ''Full cost" means the cost ofproviding service plus a reasonable charge for 

administrative overhead; 

7. "International air transportation" means air transportation that passes through the airspace 

over the territory ofmore than one State; 

8. "Price" means any fare, rate, or charge for the carriage ofpassengers, baggage, or cargo 

(excluding mail) in i:μr transportation, including surface transportation in connection with 

international air transportation, charge4 by airlines, including their agents, and the conditions 

governing the availability ofsuch 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; 
3 


I0. "Territory" means the land areas, internal waters, and territorial sea under the sovereignty 

ofa 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 ~rvices including related services 

and facilities. 

Article 2 


Grant ofRights 


1. Each Party grants to the other Party the following rights for the conduct ofinternational · 

air transportation by the airlines ofthe 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: 

(i) 	 for airlines ofthe United States, from points behind the United States via 

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

Vincent and the Grenadines and beyond; and for all-cargo service, 

between Saint Vincent and the Grenadines and any point or points; 

(ii) 	 for airlines ofSaint Vincent and the Grenadines, from points behind Saint 

Vincent and the Grenadines via Saint Vincent and the Grenadines 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; 
4 


c. serve behind, intermediate, and beyond points and points in the territories ofthe 

Parties in any combination and in any order; 

d. omit stops at any point or points; 

e. transfer traffic from any ofits aircraft to any ofits 9ther 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 ofeither 

Party; 

h. carry transit traffic through the other Party's territory; and 

i. combine traffic on the same aircraft regardless ofwhere such traffic originates; 

without directional or geographic limitation and without loss ofany right to carry traffic 

otherwise permissible under this Agreement, provided that, with the exception of all-cargo 

services, the transportation is part of a service that serves a point in the homeland ofthe airline. 

3. On any segment or segments ofthe routes 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 ofthe transportation 

from the homeland ofthe airline and, in the inbound direction, the transportation to the homeland 

ofthe airline is a continuation ofthe 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 ofthe other Party, passengers,"baggage, cargo, or mail 

carried for compensation and destined for another point in the territory ofthat other Party. 

5. Any airline of a Party performing charter international air transportation originating in the 

territory ofeither Party, whether on a one·way or round-trip basis, shall have the option of 

complying with the charter laws, regulations, and rules either ofits homeland or ofthe other 

Party. Ifa Party applies different rules~ regulations, terms, conditions, or limitations to one or 

more ofits airlines, or to airlines ofdifferent countries, each airline ofthe 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 ofboth 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 ofthe carriage oftraffic from the territory ofthat other Party or of a 
5 


third COW1try on a one-way or roW1d-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 aero~utical authorities. 

Article 3 

Authotjzation 

&ch Party, on receipt of applications from an airline ofthe other Party, in the form and manner 

prescribed for operating authorizations and technical pennissions, shall grant appropriate 

authorizations and permissions with minimtun procedural delay, provided: 

a. substantial ownership and effective control ofthat airline are vested in the other Party, 

nationals of that Party, or both; 

b. the airline is qualified to meet the conditions prescribed Wlder 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) ofthis Agreement 

Article4 

Revocation of Authorization 

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

authorizations or technical permissions ofan airline where: 

a. that airline is not an airline ofthe other Party under Article 1(4) ofthis Agreement; 

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) ofthis Agreement. 

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

subparagraph 1 c of this Article, the rights established by this Art;icle shall be exercised only after 

consultation with the other Party. 
6 


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 ofan airline or 

airlines ofthe other Party in accordance with the provisions ofArticle 6 (Safety) or Article 7 

(Aviation Security) ofthis Agreement. · 

Article 5 

Application ofLaws 

1. Tue laws and regulations ofa Party relating to the admission to or departure from its 

territory ofaircraft 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 ofthat Party. 

2. While entering, within, or leaviμg the territory ofone Party, its laws and regulations 

relating to the admission to or departure from its territory ofpassengers, crew or cargo on aircraft 

(including regulations relating to entry, clearance, aviation security, immigration, passports, 

customs and quarantine or, in the case ofmail, postal regulations) shall be complied with by, or 

on behalf of, such passengers, crew or cargo ofthe other Party's airlines. 

Article6 

Safety 

I. Each Party shall recognize as valid, for the purpose ofoperating the air transportation 

provided for in this Agreement, certificates of airworthiness, certificates ofcompetency, 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 offlight above its own territory, certificates ofcompetency 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 ofthat 

other Party. If, following such eonsultations, 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 ofsuch 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 
7 


authorization or technical permission ofan airline or airlines ofthe 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 ifthe other Party is not 

maintaining and administering the aforementioned standards and immediate action is essential to 

prevent further noncompliance. · 

Article 7 

Aviation Security 

1. The Parties affirm that their obligation to each other to protect the security of civil 

aviation against acts ofunlawful interference forms an integral part ofthis Agreement. Without 

limiting the generality oftheir rights and obligations under international law, the Parties shall in 

particular act in conformity with the provisions ofthe Convention on Offenses and Certain Other 

Acts Committed on Board Aircraft, done at Tokyo September 14, 1963, the Convention for the 

Suppression ofUnlawful Seizure ofAircraft, done at The Hague December 16, 1970, the 

Convention for the Suppression ofUnlawful Acts against the Safety ofCivil Aviation, done at 

Montreal September 23, 1971, and the Protocol for the Suppression ofUnlawful Acts of 

Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for 

the Suppression of Unlawful Acts against the Safety ofCivil Aviation, done at Montreal 

February 24, 1988. 

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

acts ofunlawful seizure ofcivil aircraft and other unlawful acts against the safety ofsuch 

aircraft, oftheir passengers and crew, and ofairports and air navigation facilities, and to address· 

any other threat to the security ofcivil 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 oftheir registry, operators of aircraft that have their principal place ofbusiness or 

permanent residence in their territory, ~d the operators ofairports 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 ofthat 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 anci during boarding or loading. Eaeh Party 

shall also give positive consideration tq any request from the other Party for special security 

measures to meet a particular threat. 
8 


5. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful 

acts against the safety ofpassengers, 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 ofthis Article, the responsible authorities ofthat Party may 

request immediate consultations with the responsible authorities ofthe other Party. Failure to 

reach a satisfactory agreement within 15 days from the date ofsuch request shall constitute 

grounds to withhold, revoke, suspend, limit, or impose conditions on the operating authorization 

and technical permissions ofan airline or airlines ofthat 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 ofeach Party shall ·have the right to establish offices in the territory ofthe 

other Party for the promotion· and sale ofair 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 ofthe other Party managerial,.sales, technical, operational, and other specialist staff 

required for the provision ofair transportation. 

3. Each airline shall have the right to perfonn its own ground-handling in the territory ofthe 

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 ofairport 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 ofservices as if 

self-handling were possible. 

4. An airline ofa Party may engage in the sale of air transportation in the territory ofthe 

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

specifically provided by the charter regulations ofthe country in which the charter originates that 

relate to the protection ofpassenger 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 ofthat territory or in freely convertible currencies. 
9 


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 ofsums locally disbursed. ·Conversion and 

remittance shall be permitted promptlywithout 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. 

6. The airlines ofeach Party shall be permitted to pay for local expenses, includirig 

purchases offuel, in the territory ofthe. other Party in local currency. At their discretion, the 

airlines of each Party may pay for such expenses in the territory ofthe 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, codesharing, or leasing arrangements, with · 

a. an airline or airlines ofeither 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 au.thority and (ii) meet 

the requirements normally applied to such arrangements. 

8. Airlines and indirect providers.of cargo transportation ofboth 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 ofthe 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 ofthe Parties may elect to perform 

their own sulface transportation or to provide it through arrangements with other surface carriers, 

including surface transportation operated by other airlines and indirect providers ofcargo 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. 
10 


Article 9 

Customs Duties and Charges 

- 1. On arriving in the territory ofone Party, aircraft operated in international air 

transportation by the airlines ofthe 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 offood, 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 ofaircraft 

engaged in international air transportation shall be exempt, on the basis ofreciprocity, 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 ofreciprocity, from the taxes, levies, duties, fees, 

and charges referred to in paragraph 1 ofthis Article, with the exception of charges based on the 

cost ofthe 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 ofthe other Party 

engaged in international air transportation, even when these stores are to be used on a part ofthe 

journey performed over the territory ofthe Party in which they are taken on board; 

b. ground equipment and spare parts (including engines) introduced into ~e territory of a 

Party for the servicing, maintenance, or repair of aircraft ofan airline ofthe 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 ofthe other Party engaged in international 

air transportation, even when these supplies are to be used on a part ofthe journey performed 

over the territory ofthe 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 ofan airline 

ofthe other Party engaged in international air transportation, even when these materials are to be 

used on a part ofthe journey performed over the territory ofthe Party in which they are taken on 

board. 

3. Equipment and supplies referred to in paragraphs 1 and 2 ofthis Article may be required 

to be kept under the supervision or control ofthe appropriate authorities. 
11 


4. The exemptions provided by this Article shall also be available where the airlines ofone 

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

other Party, for the loan or transfer in the temtory ofthe other Party ofthe items specified in 

paragraphs 1 and 2 ofthis Article. 

Article 10 

User Charges 

I. User charges that may be imposed by the competent char.ging authorities or bodies of 

each Party on the airlines ofthe other Party shall be just, reasonable, not unjustly discriminatory, 

and equitably apportioned among categories ofusers. In any event, any such user charges shall 

be assessed on the a,irlines ofthe 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 ofthe other Party niay reflect, but shall not exceed, 

the full cost to the competent charging authorities or bodies ofproviding 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 ofthe reasonableness 9fthe charges in accordance 

with the principles ofparagraphs 1 and 2 ofthis Artie!~. Each Party shall encourage the 

competent charging authorities to provide users with reasonable notice ofany 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 ofDisputes) ofthis. Agreement, to be in breach ofa provision ofthis Article, unless 

(a) it fails to undertake a review ofthe charge or practice that is the subject ofcomplaint by the 

other Party within a reasonable amount oftime; 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. 
12 


Article 11 

Fair Competition 

1. 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 ofthe other Party to determine the frequency and 

capacity ofthe international air transportation it offers based upon commercial considerations in, 

the marketplace. Consistent with this right, neither Party sh:all unilaterally limit the volume of 

traffic, frequency, or regularity ofservice, 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 ofthe Convention. 

3. Neither Party shall impose on the other Party's 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 ofthis Agreement 

4. Neither Party shall require the filing ofschedules, programs for charter flights, or 

operational plans by air~es ofthe other Party for approval, except as may be required on a non... 

discriminatory basis to enforce the uniform conditions foreseen by paragraph 2 ofthis Article or 

as may be specifically authorized in this Agreement. Ifa Party requires filings for information 

purposes, it shall minimi:ze the administrative burdens offiling requirements and procedures on 

air transportation intermediaries and on airlines ofthe other Party. 

Article 12 

Pricing 

1. Each Party shall allow prices for air transportation to be established by airlines ofboth 

Parties based upon commercial considerations in the marketplace. 

2. Pri~ for international air transportation between the territories ofthe Parties shall not be 

required to be filed. Notwithstanding the foregoing, the airlines ofthe Parties shall provide 

immediate ~. on request, to information on historical, existing, and proposed prices to the 

aeronautical authorities ofthe Parties in a manner and format acceptable to those aeronautical 

authorities. · 
13 


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 ofDisputes 

1. Any dispute arising under this Agreement, except those that may arise under Article 12 

(Pricing) ofthis Agreement, that is not"resolved within 30 days ofthe date established for 

consultations pursuant to a request for consultations under Article 13 (Consultations) ofthis 

Agreement may be referred, by agreement ofthe 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 

diploID:atic channels that it is requesting that the dispute be submitted to arbitration. 

2. Arbitration shall be by a tribunal ofthree arbitrators to be constituted as follows: 

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

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

appoint a third arbitrator, who shall act as President ofthe arbitnil tribunal; 

b. Ifeither Party fails to name an arbitrator, or ifthe third arbitrator is not appointed, in· 

accordance with subparagraph a ofthis paragraph, either Party may request the President ofthe 

Council ofthe International Civil Aviation Organization to appoint the necessary arbitrator or 

arbitrators within 30 days. Ifthe President ofthe Council is ofthe same nationality as one ofthe 

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 O'\(Vll procedural rules. The 

tribunal, once formed, may at the request ofeither Party recommend interim reliefmeasures 

pending its final determination. If either ofthe 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 15 days after the tribunal is fully 

constituted. 
14 


4. Except as otherwise agreed or as directed by the tribunal, the statement of claim shall be· 

submitted within 45 days ofthe 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 

within 30 days ofthe submission ofthe statement ofdefense. Any reply by the respondent shall 

be submitted within 30 days thereafter.- Ifeither 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 30 days after completion of 

the hearing or, ifno hearing is held, after the last pleading is submitted. The decision ofthe 

majority ofthe tribunal shall prevail. . 

6. The Parties may submit requests for interpretation ofthe decision within 15 days after it· 

is rendered and any interpretation given shall be issued within 15 days ofsuch request. 

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

decision or award ofthe arbitral tribunal. 

8. The expenses ofthe arbitral tribunal, including the fees and expenses ofthe arbitrators, 

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

the International Civil Aviation Organization in connection with the procedures ofparagraph 2b 

ofthis Article shall be considered to be part ofthe expenses ofthe arbitral tribunal. 

Article 15 

Termination 

Either Party may, at any time, give notice in writing to the other Party ofits decision to terminate 

this Agreement. Such notice shall be sent simultaneously to the International Civil Aviation 

Organization. This Agreement shall t~ate at midnight (at the place ofreceipt ofthe notice to 

the other Party) at the end ofthe International Air Transport Association (IATA) traffic season in 

effect one year following the date ofwritten notification oftermination, unless the notice is 

withdrawn by agreement ofthe Parties before the end ofthis period. 

Article 16 

Registration with ICAO 

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

Aviation Organization. 
15 


Article 17 

· Entry into Force 

This Agreement shall enter into force on the date ofsignature. 

Upon entry into force, this Agreement shall supersede, as between the Government ofthe United 

States ofAmerica and the Government. of Saint Vincent and the Grenadines, the Agreement 

between the Government ofthe United States ofAmerica and the Government ofthe United 

Kingdom ofGreat Britain and Northern Ireland concerning air services, with annexes and 

exchange ofletters, done at Bermuda July 23, 1977. 

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


Governments, have signed this Agreement. 


:itl 

DONE at k'1rp.n , this :I._ day of /,ecl , 20Jt,.in two originals, in the English 

language. 

FOR THE GOVERNMENT OF THE FOR THE GOVERNMEN'.f OF SAINT 

UNITED STATES OF AMERICA: VINCENT AND THE GRENADINES: 

Jr!:.~ Dr. The Honourable Ralph E. Gonsalves

Political and Economic Counselor Prime Minister of 

U.S. Embassy, Bridgetown St. Vincent and The Grenadines