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Agreement between the Government of Canada and the Government of the Republic of the Ivory Coast on Air Transport [1990] CATSer 8 (23 April 1990)

E100230 - CTS 1990 No. 7

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF THE IVORY COAST ON AIR TRANSPORT

The Government of Canada and the Government of the Republic of the Ivory Coast, hereinafter referred to as the Contracting Parties,

Being parties to the Convention on International Civil Aviation opened for signature at Chicago, on the 7^th day of December, 1944;

Desiring to promote the development of air transport between their respective territories and to pursue, in so far as possible, international cooperation in this field;

Desiring to conclude an agreement on the establishment of air services supplementary to the Convention on International Civil Aviation;

Have agreed as follows:

ARTICLE I

(Definitions)

For the purpose of this Agreement, unless otherwise stated:

(a) "Aeronautical authorities" means, in the case of Canada, the Minister of Transport and the Canadian Transport Commission and, in the case of the Republic of the Ivory Coast, the Minister responsible for Civil Aviation or, in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;

(b) "Agreed services" means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail, separately or in combination;

(c) "Agreement" means this Agreement, the Annex attached thereto, and any amendments to the Agreement or to the Annex;

(d) "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted by both Contracting Parties;

(e) "Designated airline" means an airline which has been designated and authorized in accordance with Articles IV and V of this Agreement;

(f) "Tariffs" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for other services performed by the carrier in connection with air transportation and the commissions or other supplementary remunerations in so far as the national legislation so permits, but excluding remuneration and conditions for the carriage of mail;

(g) "Territory", "Air service", "International air service", "airline" and "Stop for non-traffic purposes" have the meaning respectively assigned to them in Articles 2 and 96 of the Convention;

(h) "Change of gauge" means the operation of one of the agreed services by a designated airline in such a way that one section of the route is flown, in accordance with Article III of this Agreement, by aircraft different in capacity from those used on another section.

ARTICLE II

(Grant of Rights)

1. Each Contracting Party grants to the other Contracting Party, except as otherwise specified in the Annex, the following rights for the conduct of international air services by the airline designated by that other Contracting Party:

(a) to fly without landing across its territory;

(b) to land in its territory for non-traffic purposes; and

(c) to land in its territory for the purpose of taking up and discharging, while operating the routes specified in the Annex, international traffic in passengers, cargo and mail, separately or in combination.

2. The airlines of each Contracting Party, other than those designated under Article IV of this Agreement, shall also enjoy the rights specified in paragraph 1(a) and (b) of this Article.

3. Nothing in paragraph 1 of this Article shall be deemed to confer on a designated airline of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

ARTICLE III

(Change of Gauge)

A designated airline of one Contracting Party may make a change of gauge at any point on the specified route only on the following conditions:

(i) that it is justified by reason of economy of operation;

(ii) that the capacity of the aircraft used on the section of the route more distant from the territory of the Contracting Party designating the airline is not larger than that used on the nearer section;

(iii) that the aircraft of smaller capacity shall operate only in connection with the aircraft of larger capacity and shall be scheduled to do so; the former shall arrive at the point of change for the purpose of carrying traffic transferred from, or to be transferred into, the aircraft of larger capacity; and their capacity shall be determined with primary reference to this purpose;

(iv) that there is an adequate volume of through traffic;

(v) that the airline shall not hold itself out to the public by advertisement or otherwise as providing a service which originates at the point where the change of aircraft is made, unless otherwise permitted by the Annex;

(vi) that in connection with any one aircraft flight into the territory of the other Contracting Party, only one flight may be made out of that territory unless the airline is authorized by the aeronautical authorities of the other Contracting Party to operate more than one flight; and

(vii) that the provisions of Article XI of the present Agreement shall govern all arrangements made with regard to change of gauge.

ARTICLE IV

(Designation)

1. Each Contracting Party shall have the right to designate, by diplomatic note, an airline to operate the agreed services on the routes specified in the Annex for such a Contracting Party and to substitute another airline for that previously designated.

2. Pursuant to Articles 77 and 79 of the Convention on International Civil Aviation, permitting two or more States to constitute joint air transport operating organizations or international operating agencies, the Government of Canada accepts that the Government of the Republic of the Ivory Coast, in accordance with the provisions of Article II and VI, and the Annex to the Treaty concerning air transport in Africa, signed at Yaoundé on March 28, 1961, to which the Republic of the Ivory Coast adheres, reserves the right to designate the Société Air Afrique as an instrument chosen by it to operate the agreed services.

ARTICLE V

(Authorization)

1. Following receipt of a notice of designation or of substitution issued by one Contracting Party pursuant to Article IV of this Agreement, the aeronautical authorities of the other Contracting Party shall, consistent with its laws and regulations, grant without delay to any airline so designated the appropriate authorizations to operate the agreed services for which that airline has been designated.

2. Upon receipt of such authorizations the airline may begin at any time to operate the agreed services, in whole or in part, provided that the airline complies with the applicable provisions of this Agreement and that tariffs are established in accordance with the provisions of Article XIV of this Agreement.

ARTICLE VI

(Revocation and Limitation of Authorization)

1. The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in Article V of this Agreement with respect to an airline designated by the other Contracting Party, to revoke or suspend such authorizations or impose conditions, temporarily or permanently:

(a) in the event of failure by such airline to qualify before the aeronautical authorities of that Contracting Party under the laws and regulations normally and reasonably applied by these authorities in conformity with the Convention;

(b) in the event of failure by such airline to comply with the laws and regulations of that Contracting Party;

(c) in the event that it has not been proved that substantial ownership and effective control of the airline are:

(i) in the case of Canada, vested in the Government of Canada or its nationals, or

(ii) in the case of the Republic of the Ivory Coast, held jointly by the Governments of the States parties to the Yaoundé Treaty concerning air transport in Africa, signed on March 28, 1961.

(d) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.

2. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party in conformity with Article XIX of this Agreement.

ARTICLE VII

(Application of laws)

1. The laws, regulations and procedures of one Contracting Party relating to the admission to, remaining in, or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such aircraft shall be complied with by any designated airline of the other Contracting Party upon entrance into, departure from and while within the said territory.

2. The laws and regulations of one Contracting Party respecting entry, clearance, transit, immigration, passports, customs and quarantine shall be complied with by any designated airline of the other Contracting Party and by or on behalf of its crews, passengers, cargo and mail upon transit of, admission to, departure from and while within the territory of such a Contracting Party.

3. Passengers in transit across the territory of either Contracting Party shall be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

ARTICLE VIII

(Recognition of Certificates and Licenses)

1. Certificates of airworthiness, certificates of competency and licenses, issued or rendered valid by one Contracting Party and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the routes specified in the Annex provided that such certificates or licenses were issued or rendered valid pursuant to, and in conformity with, the standards established under the Convention. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party.

2. If the privileges or conditions of the licenses or certificates referred to in paragraph 1 above, issued by the aeronautical authorities of one Contracting Party to any person or designated airline or in respect of an aircraft operating the agreed services on the routes specified in the Annex, should permit a difference from the standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations in accordance with Article XIX of this Agreement with the aeronautical authorities of that Contracting Party with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach a satisfactory agreement in matters regarding flight safety will constitute grounds for the application of Article VI of this Agreement.

ARTICLE IX

(Aviation Security)

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.

2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties agree in particular to act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, the Convention for the suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23, 1971 and any other multilateral agreement governing aviation security binding upon both Parties.

3. The Contracting 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 of such aircraft, their passengers and crew, airports and air navigation facilities and services, and any other threat to the security of civil aviation.

4. The Contracting Parties shall act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the convention on International Civil Aviation to the extent that such security provisions are applicable to the said Parties; they shall require that operators of aircraft of their registry, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions.

5. Each Contracting Party agrees that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding and loading.

6. Each Contracting Party agrees to give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

7. Each Contracting Party also agrees to give sympathetic consideration to a request from the other Contracting Party to enter into reciprocal administrative arrangements whereby the aeronautical authorities of one Contracting Party could make in the territory of the other Contracting Party their own assessment of the security measures being carried out by aircraft operators in respect of flights destined to the territory of the first Contracting Party.

8. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities and services occurs, the Contracting Parties agree to assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

9. When a Contracting Party has grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Failure to reach a satisfactory agreement will constitute grounds for the application of Article VI of this Agreement.

ARTICLE X

(Airport and Facility Charges)

1. The charges imposed in the territory of one Contracting Party on the designated airline of the other Contracting Party for the use of airports and other aviation facilities by the aircraft of the designated airline of the other Contracting Party shall not be higher than those imposed on a national airline of the first Contracting Party engaged in similar international services.

2. Each Contracting Party shall encourage consultations between its competent charging authorities and the designated airlines using the services and facilities, and where practicable, through the said airlines' representative organizations. Reasonable notice should be given to users or to the said organizations of any proposals for changes in user charges to enable them to express their views before changes are made.

3. Neither of the Contracting Parties shall give preference to its own or any other airline over the designated airline engaged in similar international air services of the other Contracting Party in the application of its customs, immigration, quarantine and similar regulations or in the use of airports, airways, air traffic services and associated facilities under its control.

ARTICLE XI

(Capacity)

A. There shall be fair and equal opportunity for the airlines of both Contracting Parties to operate services on any route governed by this Agreement.

B. In the operation by the airline of one Contracting Party of air services covered by the present Agreement, the interests of the airline of the other Contracting Party shall be taken into account so as not to affect unduly the services which the latter provides on all or part of the same routes.

C. The services offered to the public by the airline operating pursuant to this Agreement shall bear a close relationship to the requirements of the public for such services.

D. The services provided by the designated airline under this Agreement shall retain as their primary objective the provision of capacity adequate to meet the traffic demands between the country of which such an airline is a national and the country of ultimate destination of the traffic. The right to embark or disembark on such services international traffic destined for and coming from third countries at a point or points on the routes specified in this Agreement shall be applied in accordance with the general principles of orderly development to which both Contracting Parties subscribe and shall be subject to the general principle that capacity shall be related:

(1) to traffic requirements between the country of origin and the countries of destination of the traffic;

(2) to the requirements of through airline operation; and

(3) to the traffic requirements of the area through which the said services pass after taking account of local and regional services.

E. The capacity to be provided on the specified routes shall be determined by mutual agreement between the designated airlines in accordance with the principles set out in this Article, and subject to approval by the aeronautical authorities of the Contracting Parties. In the event of failure by the designated airlines to reach agreement, the issue shall be submitted to the aeronautical authorities of the Contracting Parties, which shall then endeavour to find a solution, if necessary, in accordance with the provisions of Article XIX of this Agreement.

ARTICLE XII

(Statistics)

1. The aeronautical authorities of each Contracting Party shall provide or shall cause their designated airlines to provide the aeronautical authorities of the other Contracting Party, upon request, all periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the operation of the agreed services, including, but not limited to, statements of statistics related to the traffic carried by the designated airlines between points on the routes specified in the Annex to this Agreement showing the initial origins and final destinations of the traffic.

2. The details of the methods by which such statistics shall be provided shall be agreed upon between the aeronautical authorities of both Parties and implemented without delay after a designated airline of one or both Contracting Parties commences operation, in whole or in part, on the agreed services.

ARTICLE XIII

(Customs Duties and Other Charges)

1. Each Contracting Party shall on a basis of reciprocity exempt any designated airline of the other Contracting Party to the fullest extent possible under its national law from import restrictions, customs duties, excise taxes, inspection fees and other national duties and charges on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores (including liquor, tobacco and other products destined for sale to passengers in limited quantities during the flight) and other items intended for use or used solely in connection with the operation or servicing of aircraft of an airline designated by such other Contracting Party operating the agreed services, as well as printed ticket stock, air way bills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed without charge by that designated airline.

2. The exemptions granted by this Article shall apply to the items referred to in paragraph 1 of this Article when they are:

(a) introduced into the territory of one Contracting Party by or on behalf of a designated airline of the other Contracting Party;

(b) retained on board aircraft of a designated airline of one Contracting Party upon arriving in or leaving the territory of the other Contracting Party;

(c) taken on board aircraft of a designated airline of one Contracting Party in the territory of the other Contracting Party and intended for use in operating the agreed services;

whether or not such items are used or consumed wholly within the territory of the Contracting Party granting the exemption, provided such items are not alienated in the territory of the said Contracting Party.

3. The regular airborne equipment, as well as the materials and supplies normally retained on board the aircraft of a designated airline of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the Customs authorities of that territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs regulations.

ARTICLE XIV

(Tariffs)

1. The tariffs to be charged on any agreed service for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of the service (such as standards of speed and accommodation) and, where appropriate, the tariffs charged by other airlines for any section of the specified route.

2. The tariffs mentioned in paragraph 1 of this Article shall be agreed upon between the designated airlines of the Contracting Parties; such agreement shall be reached, wherever possible, through an appropriate international tariff coordination mechanism. Each designated airline shall be accountable only to their respective aeronautical authorities for the justification and reasonableness of the tariffs so agreed upon, unless the tariffs are fixed otherwise in accordance with paragraph 4 of this Article.

3. The tariffs charged for carriage of traffic to or from the territory of each Contracting Party shall be submitted to the aeronautical authorities of the Contracting Parties and shall be received by them at least forty-five (45) days before their proposed date of introduction; the aeronautical authorities may accept a shorter time limit in particular cases.

If, within a period of thirty (30) days the receipt, the from aeronautical authorities of one Contracting Party have not notified the aeronautical authorities of the other Contracting Party that they are dissatisfied with the tariff submitted to them, such tariff shall be considered as acceptable and shall come into effect on the date indicated in the proposed tariff.

If they accept a shorter time limit for the submission of a tariff, the aeronautical authorities may also agree that the time limit for giving notice of dissatisfaction be less that thirty (30) days.

4. If a tariff cannot be established in accordance with the provisions of paragraph 2 of this Article or if a notice of dissatisfaction was given during the applicable period in accordance with paragraph 3 of this Article, the aeronautical authorities of the Contracting Parties shall hold consultations to that effect in accordance with the provisions of Article XIX of this Agreement and shall endeavour to determine the tariff by agreement between themselves.

5. If the aeronautical authorities cannot agree on a tariff submitted to them under paragraph 3 of this Article or on a tariff that they had to determine in accordance with paragraph 4 of this Article, the dispute shall be settled in accordance with the provisions of Article XXI of this Agreement.

6. (a) No tariff shall come into effect if the aeronautical authorities of either Contracting party are dissatisfied with it, except under the provisions of paragraph 3 of Article XXI of this Agreement.

(b) The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article of Article XXI of this Agreement. However, a tariff shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which it would normally have expired.

7. If the aeronautical authorities of one Contracting Party are no longer satisfied with an established tariff, they shall inform the aeronautical authorities of the other Contracting Party thereof, and the designated airlines shall endeavour where required to reach an agreement.

If, within a period of ninety (90) days from the date of receipt of such notification a new tariff cannot be established in accordance with the provisions of paragraphs 2 and 3 of this Article, the procedure as set out in paragraphs 4 and 5 of this Article shall apply.

8. Concerning carriage between the territory of the other Contracting Party and points on the agreed services in third countries, the airline of one Contracting Party shall have the right to introduce matching tariffs at prices that are not lower or under conditions that are not less restrictive than those of any scheduled carrier of the other Contracting Party.

9. The aeronautical authorities of both Contracting Parties shall endeavour to ensure (a) that the tariffs charged and collected are in conformity with the tariffs accepted by both aeronautical authorities and (b) that an airline does not rebate in any way any portion whatever of the said tariffs.

ARTICLE XV

(Sales and Transfer of Funds)

1. Each designated airline shall have the right to engage in the sale of air transportation in the territory of the other Contracting Party directly and, at its discretion through its agents. The said airline shall have the right to sell transportation, and any person shall be free to purchase such transportation, in the currency of that territory or, if authorized, in freely convertible currencies of other countries.

2. Each designated airline shall have the right to convert and remit to its country on demand funds obtained in the normal course of its operations. Conversion and remittance shall be permitted without restrictions at the foreign exchange market rates for current payments prevailing at the time of submission of the request for transfer and shall not be subject to any charges except normal service charges collected by banks for such transactions.

ARTICLE XVI

(Taxation)

Income or profits from the operation of aircraft in international traffic derived by a designated airline, which is resident for purposes of income tax in the territory of one Contracting Party, shall be exempt, on a basis of reciprocity, from any income tax and all other taxes on profits disposed by the government of the other Contracting Party.

ARTICLE XVII

(Airline Representation and Ground Handling Services)

1. The designated airline of one Contracting Party shall be allowed, on the basis of reciprocity, to maintain in the territory of the other Contracting Party their representatives and management personnel (including commercial, operational and technical staff) as required in connection with the operation of agreed services.

2. These staff requirements may, at the option of the designated airline of one Contracting Party, be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party, and authorized to perform such services in the said territory.

3. The designated airline of one Contracting Party shall provide ground handling services to the aircraft of the designated airline of the other Contracting Party, on a basis of reciprocity.

4. The representatives and staff shall be subject to the laws and regulations in force in the territory of the other Contracting Party, and, consistent with such laws and regulations, each Contracting Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary employment authorizations, visitor visas or other similar necessary documents to the representatives and staff referred to in paragraph 1 of this Article.

5. Both Contracting Parties shall dispense with the requirement of employment authorizations or visitor visas or other similar documents for personnel performing certain temporary services and duties except in special circumstances determined by the national authorities concerned. Where such authorizations, visas or documents are required, they shall be issued promptly free of charge so as not to delay the entry of the personnel concerned.

ARTICLE XVIII

(Applicability to Charter Services)

1. The provisions set out in Articles VII, VIII, IX, X, XII, XIII, XV, XVI, XVII and XIX of this Agreement shall be applicable also to charter flights operated by an air carrier of one Contracting Party into or from the territory of the other Contracting Party and to the air carrier operating such flights.

2. The provisions of paragraph 1 of this Article shall not affect national laws and regulations governing the right of air carriers to operate charter flights or the conduct of air carriers or other parties involved in the organization of such operations.

ARTICLE XIX

(Consultations)

1. In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and of its Annex.

2. Such consultations shall begin within a period of sixty (60) days of the receipt of such a request, unless otherwise agreed by the Contracting Parties.

ARTICLE XX

(Modification of Agreement)

If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may request consultations with the other Contracting Party. Such consultations, which may be between aeronautical authorities and which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of the request. Any modification agreed pursuant to such consultations shall come into force when it has been confirmed by an exchange of diplomatic notes.

ARTICLE XXI

(Settlement of Disputes)

1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it amicably by negotiation.

2. If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to a Tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two arbitrators. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In all cases the third arbitrator shall be a national of a third State, shall act as President of the Tribunal and shall determine the place where arbitration will be held.

3. The Contracting Parties undertake to comply with any decision given under paragraph 2 of this Article.

4. Each Contracting Party shall pay for the remuneration of the activity of its arbitrator, half of the remuneration of the designated President, as well as half of the cost of the proceedings.

5. If and so long as either Contracting Party fails to comply with any decision given under paragraph 2 of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default or to the designated airline in default.

ARTICLE XXII

(Termination)

Either Contracting Party may at any time from the entry into force of this Agreement give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement; such notice shall be communicated simultaneously to the International Civil Aviation Organization. The Agreement shall terminate one (1) year after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual consent before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

ARTICLE XXIII

(Registration with ICAO)

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

ARTICLE XXIV

(Multilateral Conventions)

If a general multilateral air convention comes into force in respect of both Contracting Parties, the provisions of such convention shall prevail. Consultations in accordance with Article XX of this Agreement may be held with a view to determining the extent to which this Agreement is affected by the provisions of the multilateral convention

ARTICLE XXV

(Entry into force)

This Agreement shall apply provisionally from the date of its signature and shall enter into force on the later of the dates on which the Contracting Parties shall each have notified the other by diplomatic note, that the internal formalities required for the implementation of this Agreement have been observed.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed the present Agreement.

DONE in duplicate at Québec, on the Third day of September, 1987, in the English and French languages, each version being equally authentic.

Monique Landry

FOR THE GOVERNMENT OF CANADA

Siméon Aké

FOR THE GOVERNMENT OF THE REPUBLIC OF THE IVORY COAST

ANNEX

A SPECIFIED ROUTES

(a) IVORY COAST ROUTES:

The following routes may be operated in both directions with traffic rights by the designated airline of the Ivory Coast.

(1) In transit rights only

(b) CANADIAN ROUTES:

The following routes may be operated in both directions with traffic rights by the designated airline of Canada.

(1) In transit rights only; it is understood that the choice of route once operated remains definitive.

(2) Magrheb means: Algeria, Morocco and Tunisia.

(3) Excluding Congo.

B For the operation of the agreed services on specified routes the designated airlines of both Contracting Parties may, on an IATA seasonal basis, change the intermediate points and the points beyond after sixty (60) days' notice given to the aeronautical authorities of both Contracting Parties.

C The designated airlines of both Contracting Parties may omit on their flights one or more points appearing in the table of routes, provided that the point of departure or of arrival is situated in the Ivory Coast or Canada.

D The points mentioned may be served in whatever order, provided that the services begin or terminate in Canada in the case of the airline designated by Canada, and in the Ivory Coast in the case of the airline designated by the Ivory Coast.

E Each designated airline may begin its operation on the specified routes on a twice-weekly basis.

MEMORANDUM OF AGREEMENT

Further to the Agreement on Air Transport concluded between the Government of Canada and the Government of the Republic of the Ivory Coast, signed at Québec on September 3, 1987 it is agreed as follows:

(a) Concerning Article XI (Capacity), application of the principle of equality and reciprocity in all fields for the operation of the agreed services and for the exercise of the rights resulting from the present Agreement.

(b) To meet the requirements of unforeseen and temporary traffic on the routes specified in the Annexes to the present Agreement, the airlines shall decide between themselves on appropriate measures to meet this temporary increase in traffic. They shall report it immediately to the aeronautical authorities of their respective countries, which may consult with one another if they deem it useful.

(c) In a case where the designated airline of one Contracting Party does not use on one or more routes either all or part of the transport capacity that it can offer, in view of its rights, it may transfer to the designated airline of the other Contracting Party for a predetermined period all or part of the transport capacity in question.

The designated airline that transfers all or part of its rights may regain them at the end of the said period.

(d) Should one Contracting Party wish to introduce more than one airline into the operation of the agreed services, such wish shall be subject to examination and prior approval by the other Contracting Party. In such a case the Parties may avail themselves of Article XIX of the present Agreement.

(e) For non-commercial flights, the airlines of both Contracting Parties shall, for reasons of safety and airspace management, make a request beforehand to the aeronautical authorities to fly over and land.

This Memorandum of Agreement forms an integral part of the Agreement between the Government of Canada and the Government of the Republic of the Ivory Coast signed at Québec on September 3, 1987.

Monique Landry

FOR THE GOVERNMENT OF CANADA

Siméon Aké

FOR THE GOVERNMENT OF THE IVORY COAST