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Exchange of Notes between the Government of Canada and the Government of the Kingdom of Thailand constituting an Agreement amending the Agreement on Air Services signed May 24, 1989 [1991] CATSer 34 (25 December 1991)

E100227 - CTS 1991 No. 40

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THAILAND CONSTITUTING AN AGREEMENT AMENDING THE AGREEMENT ON AIR SERVICES SIGNED MAY 24, 1989

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The Ambassador of Canada to Thailand to the Minister of Foreign Affairs of Thailand

CANADIAN EMBASSY

BANGKOK, November 7, 1991

Note No. 119

Sir,

I have the honour to refer to the Agreement between the Government of Canada and the Government of the Kingdom of Thailand on Air Services (the "Agreement"), signed at Bangkok on 24 May 1989, and to propose, on behalf of the Government of Canada, the following:

1. The following new paragraph 4 shall be added to Article 9 of the Agreement:

4. There shall also be exempt from all customs duties and/or taxes on a reciprocal basis "airline documents" imported into the territory of either Contracting Party for the exclusive use by the designated airline of the other Contracting Party. The term "airline documents" is deemed to include air waybills/consignment notes, passenger tickets, excess baggage tickets, exchange orders, damage and irregularity reports, baggage and cargo labels, time-tables, and weight and balance documents.

2. (a) The provisions set out in Articles 4, 5, 8, 9, 10, 12 (except the sale of transportation for passengers), 13, 16 and 17 of the Agreement shall be applicable also to non-scheduled 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.

(b) The provisions of paragraph (a) above shall not affect national laws and regulations of either Contracting Party governing the authorization of non-scheduled operations, the conduct of air carriers, or to the conduct of other parties involved in the organization of such operations.

3. Article 5 of the Agreement shall be replaced by the attached new Article 5 on aviation security.

If your Government agrees with the foregoing, I propose that your Note to that effect and this Note, which is equally authentic in the English and French Languages, shall constitute an agreement between our two Governments which shall enter into force on the date of your Note. Such agreement shall be an integral part of the Agreement between the Government of Canada and the Government of Thailand on Air Services, signed at Bangkok on 24 May 1989.

I avail myself of this opportunity to renew to you, Sir, the assurances of my highest consideration.

Arthur C. Perron

Ambassador

ATTACHMENT

ARTICLE 5
(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 and 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 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 civil 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, in their mutual relations, 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 provision are applicable to the Contracting 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 operations 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 sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

7. Each contracting Party shall also 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 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 provision of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party.

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The Minister of Foreign Affairs of Thailand to the Ambassador of Canada to Thailand

MINISTRY OF FOREIGN AFFAIRS

BANGKOK, 25^th December B. E. 2534 (1991)

No. 0502/88136

His Excellency Mr. Arthur C. Perron,
Ambassador Extraordinary and Plenipotentiary of Canada
Bangkok

Excellency,

I have the honour to refer to your Note No. 119 of 7 November 1991, which reads as follows:

(See Canadian Note of November 7, 1991)

I have the further honour to advise you the Government of Thailand agrees with the proposals contained in your Note. Accordingly, this Note and your Note shall constitute an agreement between our two Governments which shall enter into force on the date of this Note.

I avail myself of this opportunity to renew to you, Excellency, the assurances of my highest consideration.

Arsa Sarasin

Minister of Foreign Affairs