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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 18-401
 

TRANSPORTATION 

Aviation Transport Services 

Agreement Between the 

UNITED STATES OF AMERICA 

and the NETHERLANDS in respect of 

SINT MAARTEN 

Signed at Philipsburg July 14, 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.” 
 

 

 

 

 

NETHERLANDS in respect of SINT MAARTEN 

Transportation: Aviation Transport Services 

Agreement signed at Philipsburg July 14, 2017; 

Entered into force April 1, 2018. 
AIR TRANSPORT AGREEMENT 


BETWEEN 


THE UNITED STATES OF AMERICA 


AND 


THE KINGDOM OF THE NETHERLANDS, 


IN RESPECT OF SINT MAARTEN, 


RELATING TO AIR TRANSPORT BETWEEN 


SINT MAARTEN AND THE UNITED STATES OF AMERICA 


The United States ofAmerica and the Kingdom ofthe Netherlands, in respect of Sint Maarten, 

(hereinafter referred to as ''the Parties"); 

Desiring to promote an international aviation system based on competition among airlines in the 

marketplace with minimum government interference and regulation; 

Desiring to make it possible for airlines to offer the traveling and shipping public a variety of 

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

innovative and competitive prices; 

Desiring to facilitate the expansion of international air transport opportunities; 

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

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

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

and undermine public confidence in the safety of civil aviation; and 

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

1944; 

Have agreed as follows: 
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Article 1 

Definitions 

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

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

Transportation and, in the case ofthe Kingdom ofthe Netherlands, in respect of Sint Maarten, 

the Sint Maarten Civil Aviation Authority, and any person or agency authorized to perform 

functions exercised by the Depart:n:lent ofTransportation or the Sint Maarten Civil Aviation 

Authority; 

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

3. "air transportation" means the public carriage by aircraft of passengers, baggage, cargo, 

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

4. "airline of a Party" means, in the case ofthe United States, an airline that has received its 

Air Operator's Certificate (AOC) from the aeronautical authorities ofthe United States and has 

its principal place of business in the United States, hereinafter referred to 3:8 an airline ofthe 

United States; and in the case ofthe Kingdom ofthe Netherlands, in respect of Sint Maarten, an 

airline that has received its AOC from the aeronautical authorities of Sint Maarten and has its 

principal place of business in Sint Maarten, hereinafter referred to as an airline of Sint Maarten; 

5. "Convention" means the Convention on International Civil Aviation, done at Chicago on 

December 7, 1944, and includes: 

a. any amendment that has entered into force under Article 94(a) 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. "nationals'', in the case ofthe United States, means nationals ofthe United States and, in 

the case ofthe Kingdom ofthe Netherlands, in respect of Sint Maarten, means nationals ofthe 

Kingdom ofthe Netherlands who are formally registered as local citizens with Dutch nationality 

in the municipal registry of Sint Maarten; 
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9. "price" means any fare, rate, or charge for the carriage ofpassengers, 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; 

10. "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; 

11. "territory", in the case ofthe United States, means the land areas, internal waters, and 

territorial sea under the sovereignty ofthe United States and, in the case ofthe Kingdom ofthe 

Netherlands, in respect of Sint Maarten, means the land areas, internal waters, and territorial sea 

under the sovereignty ofthe Kingdom ofthe Netherlands, in respect of Sint Maarten, in 

accordance with international law; and 

12. "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 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 Sint 

Maarten and beyond; and for all-cargo service, between Sint Maarten and 

any point or points; 

(ii) 	 for airlines of Sint Maarten, from points behind Sint Maarten, via Sint 

Maarten, 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. 
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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 points on their respective routes 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 other aircraft at any point; 

f. serve points behind a:tiY 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 stopoveci at any points whether within or outside the territory of either 

Party; 

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

t. combine traffic on the same aircraft regardless ofwhere 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 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 ofone 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. In 

respect ofthe United States, nothing in this Article shall be deemed to confer on its airlines the 

right to take on board, in Sint Maarten, passengers, baggage, cargo, or mail carried for 

compensation and destined for a point in Curayao or the Caribbean part ofthe Netherlands (the 

islands of Bonaire, Sint Eustatius and Saba), or such traffic originating in Curayao or the 

Caribbean part of the Netherlands and destined for Sint Maarten. 

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 
5 


complying with the charter laws, regulations, and rules of either Party. Ifa Party applies 

different rules, regulations, terms, conditions, or limitations to one or more of its 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 of both Parties to adhere to requirements relating to the protection ofpassenger funds 

and passenger cancellation and refundrights. 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 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 ofthese laws, regulations, 

or rules granted by the applicable aeronautical authorities. 

Article 3 

Authorization 

Each Party, on receipt of applications from an airline ofthe 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 ofthat airline are vested in, 

(i) 	 for airlines ofthe United States, the Government ofthe United States, 

nationals ofthe United States, or both; 

(ii) 	 for airlines of Sint Maarten, the Government ofSint Maarten, nationals 

ofthe Kingdom ofthe Netherlands who are formally registered as local 

citizens with Dutch nationality in the municipal registry of Sint Maarten, 

or both; 

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). 
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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 ofthe other Party under Article 1(4) (Definitions); 

b. substantial ownership and effective control ofthat airline are not vested in: 

(i) 	 for airlines of the United States, the Government ofthe United States, 

nationals ofthe United States, or both; 

(ii) 	 for airlines of Sint Maarten, the Government of Sint Maarten, nationals of 

the Kingdom ofthe Netherlands who are formally registered as local 

citizens with Dutch nationality in the municipal registry of Sint Maarten, 

or both; or 

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

(Application ofLaws) of this Agreement. 

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

subparagraphlc of this Article, the rights established by this Article shall be exercised only after 

consultation with the other Party. 

3. This Article does not linlit the rights of either Party to withhold, revoke, suspend, limit, 

or impose conditions on the operating authorization or technical permission of an airline or 

airlines ofthe other Party in accordance with the provisions ofArticle 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 ofthat Party. 

2. While entering, within, or leaving the territory of one Party, its laws and regulations 

relating to the admission to or departure from its territory of passengers, crew, or cargo on 

aircraft (including regulations relating to entry, clearance, aviation security, immigration, 
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passports, customs and quarantine, or, in the case of mail, postal regulations) shall be complied 

with by, or on behalfof, such passengers, crew, or cargo ofthe other Party's airlines. 

Article 6 

Safety 

1. Each Party shall recognize as valid, for the purpose ofoperating 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 offlight 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 ofthat 

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 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 

authorization or technical permission of an 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 of unlawful 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 Offences and Certain Other 

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

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

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

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

Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for 
8 


the Suppression ofUnlawful Acts against the Safety ofCivil Aviation, done at Montreal on 

February 24, 1988, as well as with any other convention relating to the security of civil aviation 

to the degree in force for both Parties. 

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

acts of unlawful seizure of civil aircraft and other unlawful acts against the safety ofsuch 

aircraft, oftheir 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 oftheir registry, operators. of aircraft that have their principal place ofbusiness 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 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 and during boarding or loading. Each Party 

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

measures to meet a particular threat. 

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

acts against the safety of passengers, crew, aircraft, airports, or air navigation facilities occurs, 

the Parties shall assist each other by facilitating communications and other appropriate measures 

intended to terminate rapidly and safely such incident or threat. 

6. When a Party has reasonable grounds to believe that the other Party has departed from 

the aviation security provisions ofthis Article, the aeronautical authorities ofthat Party may 

request immediate consultations with the aeronautical 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 of an airline or airlines of that Party. When required by an emergency, 

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

Articles 

Commercial Opportunities 

1. The airlines of each Party shall have the right to establish offices in the territory ofthe 

other Party for the promotion and sale of air transportation. 
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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 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 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 ofservices as if 

self-handling were possible. 

4. An airline of a Party may engage in the sale ofair 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 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 ofthat 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 ofits 

choice, on demand, local revenues in excess ofsums locally disbursed. Conversion and 

remittance shall be permitted promptly without restrictions or taxation in respect thereof at the 

rate of exchange applicable to current transactions and remittance on the date the airline makes 

the initial application for remittance. 

6. The airlines of each Party shall be permitted to pay for local expenses, including 

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, but not limited to, 

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. 
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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, including to and from all airports with customs 

facilities and to transport cargo In bond under applicable laws and regulations. Such cargo, 

whether moving by surface or by air, shall have access to airport customs processing and 

facilities. Airlines may elect to perform their own .surface transportation or to provide it through 

arrangements with other surface carriers, including surface transportation operated by other 

airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be 

offered at a single, through price for the air and surface transportation combined, provided that 

shippers are not misled as to the facts concerning such transportation. 

Article 9 

Customs Duties and Charges 

1. On arriving in the territory 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 of aircraft 

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 of reciprocity, 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 the territory of a 

Party for the servicing, maintenance, or repair of aircraft of an airline ofthe other Party used in 

international air transportation; 

c. fuel, lubricants, and consumable technical supplies introduced into or supplied in the 

territory ofa Party for use in an aircraft of an airline ofthe other Party engaged in international 
11 


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 of an 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. 

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 hi the territory ofthe other Party ofthe items specified in 

paragraphs 1 and 2 ofthis Article, 

Article 10 

User Charges 

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

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

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

be assessed on the airlines 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 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 ofthe reasonableness of the charges in accordance 

with the principles of paragraphs 1 and 2 ofthis 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. 
12 


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

(Settlement ofDisputes), to be in breach of a provision ofthis Article, unless (a) it fails to 

undertake a review ofthe charge or practice that is the subject of complaint 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. 

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 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 shall unilaterally limit the volume oftraffic, 

frequency, or regularity ofservice, or the aircraft type or types operated by the airlines ofthe 

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 of schedules, programs for charter flights~ or 

operational plans by airlines ofthe other Party for approval, except as may be required on a nondiscriminatory 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 minimize 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 of both 

Parties based upon commercial considerations in the marketplace. Intervention by the Parties 

shall be limited to: 

a. prevention of unreasonably discriminatory prices or practices; 
13 


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. Prices 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 access, 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. 

3. Neither Party shall take unilateral action to prevent the inauguration or continuation of a 

price proposed to be charged or charged by (1) an airline of either Party for international air 

transportation between the territories ofthe Parties, or (2) an airline ofone Party for international 

air transportation between the territory ofthe other Party and any other country, including in both 

cases transportation on an interline or intraline basis. Ifeither Party believes that any such price 

is inconsistent with the considerations set forth in paragraph 1 ofthis Article, it shall request 

consultations and notify the other Party ofthe reasons for its dissatisfaction as soon as possible. 

These consultations shall be held not later than 30 days after receipt ofthe request, and the 

Parties shall cooperate in securing information necessary for reasoned resolution ofthe issue. If 

the Parties reach agreement with respect to a price for which a notice ofdissatisfaction has been 

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

agreement, the price shall 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 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 paragraph 3 

ofArticle 12 (Pricing), that is not resolved within 30 days ofthe date established for 

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

referred, by agreement ofthe Parties, for decision to some person or body. Ifthe Parties do not 
14 


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 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 arbitral 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 of the 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 ofits 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. Ifeither 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 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 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 3 0 days ofthe submission of the statement of defense. 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 of the 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 of the Council of 
15 


the International Civil Aviation Organization in connection with the procedures of paragraph 2b 

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

Article 15 

Amendments 

This Agreement may be amended by written agreement ofthe Parties. 

Article 16 

Termination 

Either Party may, at any time, give notice in writing through diplomatic channels 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 terminate 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 of 

termination, unless the notice is withdrawn by agreement ofthe Parties before the end ofthis 

period. 

Article 17 

Registration with ICAO 

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

Aviation Organization. 

Article 18 

Entry into Force 

1. This Agreement shall enter into force on the first day ofthe second month following the 

date ofthe last note in an exchange of diplomatic notes between the Parties confirming that all 

necessary procedures for entry into force ofthis Agreement have been completed. 

2. Upon entry into force, this Agreement shall supersede, in the relations between the 

United States ofAmerica and the Kingdom ofthe Netherlands, in respect of Sint Maarten, the 

Air Transport Agreement between the United States ofAmerica and the Kingdom ofthe 
16 


Netherlands, in respect ofthe Netherlands Antilles, relating to Air Transport between the 

Netherlands Antilles and the United States ofAmerica, signed at Washington on July 14, 1998. 

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

Governments, have signed this Agreement. 

DONE at , this I yl-4 day of :/L ,20~ in two originals, in the English 

language. vr-­

FOR 

THE KINGDOM 0 THE NETHERLANDS, 

IN RESPECT OF S T MAARTEN