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Exchange of Notes between the Government of Canada and the Government of India constituting an Agreement amending the Agreement on Air Services signed at New Delhi on July 20, 1982, as amended [1991] CATSer 15 (30 May 1991)

E100231 - CTS 1991 No. 41

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF INDIA CONSTITUTING AN AGREEMENT AMENDING THE AGREEMENT ON AIR SERVICES SIGNED AT NEW DELHI ON JULY 20, 1982, AS AMENDED

I

The High Commissioner for Canada to the Secretary of Civil Aviation of India

CANADIAN HIGH COMMISSION

NEW DELHI, May 30, 1991

No. 2321

Mr. A. V. Ganesan
Secretary
Ministry of Civil Aviation
New Delhi

Excellency:

I have the honour to refer to the bilateral air consultations held in Ottawa July 25-27, 1988 and to the Agreement between the Canadian and Indian delegations that an improved and strengthened aviation security article should be included in the Agreement between the Government of Canada and the Government of India on Air Services, signed at New Delhi on July 20, 1982, as amended.

I have the further honour to confirm that the above-mentioned Agreement on Air Services be amended by deleting the existing Article IX and substituting therefor the attached new Article IX.

If your Government confirms the foregoing, I propose that this Note, which is authentic in English and French, and your confirmatory reply shall constitute an Agreement between our Governments and that it shall enter into force on the date of your reply.

Accept, Excellency, the renewed assurances of my highest consideration.

John L. Paynter

High Commissioner

ARTICLE IX

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 international 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 shall in particular act in conformity with the provisions of the Convention on Offences 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 Contracting 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 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 Contracting Parties; they shall require that operators of aircraft of their registry or 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 such 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 shall give due consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

7. Each Contracting Party shall give due 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 an assessment of the security measures being carried out in respect of flights of its operators of aircraft.

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 occurs, the Contracting Parties shall 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 reasonable 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 shall constitute grounds for the application of Article VI of this Agreement.

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The Secretary of the Ministry of Civil Aviation to the High Commissioner for Canada

MINISTRY OF CIVIL AVIATION

NEW DELHI, 30 May 1991

No. AV. 12013/5/90-A

Mr. John Paynter
High Commissioner of Canada in India
New Delhi

Excellency,

I have the honour to refer to your Note No. 2321 of May 30, 1991 that reads as follows:

(See Canadian Note No. 2321 of May 30, 1991)

2. I have the honour to confirm that my Government agrees with the proposal contained in your Note No. 2321 and that your Note, which is authentic in English and French, and this reply, which is authentic in English and Hindi, shall constitute an Agreement between our Governments and that it shall enter into force on this date.

Accept. Excellency, the renewed assurances of my highest consideration.

A. V. Ganesan