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Exchange of Notes constituting an Agreement between the Government of Canada and the Government of the Republic of Korea amending their Air Services Agreement, signed at Seoul on September 20, 1989 [1995] CATSer 9 (6 March 1995)

E100249 - CTS 1995 No. 38

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF KOREA AMENDING THEIR AIR SERVICES AGREEMENT, SIGNED AT SEOUL ON SEPTEMBER 20, 1989

I

The Secretary of State for External Affairs of Canada to the Ambassador of the Republic of Korea

THE SECRETARY OF STATE FOR EXTERNAL AFFAIRS

OTTAWA, March 6, 1995

His Excellency Kee-Bock Shin
Ambassador of the Republic of Korea
Embassy of the Republic of Korea
Ottawa

Excellency:

With reference to the Agreement between the Government of Canada and the Government of the Republic of Korea for Air Services ("the Agreement"), signed at Seoul on September 20, 1989, and consultations held between delegations of our countries in Ottawa on December 15-16, 1993, I have the honour to propose the following provisions regarding capacity:

Notwithstanding the number of weekly flights to be operated for passenger/combination services by the designated airlines as specified in footnote 4 of Section I and footnote 4 of Section II of the Annex to the Agreement, the maximum number of flights per week in each direction provided for each designated airline shall be three with either B747 or B747 Combi or equivalent aircraft, or four with either MD-11 or A340 or equivalent aircraft, or five with either L1011 or B767 or equivalent aircraft, unless otherwise agreed in accordance with the provisions of Article 9 of the Agreement. Combinations of the aircraft types specified herein shall be permitted so long as the total capacity operated by each designated airline using its own equipment does not exceed 1,200 seats per week in each direction, unless otherwise agreed in accordance with the provisions of Article 9 of the Agreement. For the purpose of the above, a B747 Combi shall be deemed to have 400 seats as is the case with a B747.

If the above is acceptable to the Government of the Republic of Korea, I have the further honour to propose that this Note, which is equally authentic in English and French, and your reply to that effect shall constitute an agreement between our two Governments, which shall enter into force definitively, in accordance with provisions of Article 15 of the Agreement, on the date of your reply.

This agreement shall form an integral part of the Agreement and shall replace the Memorandum of Understanding on Capacity signed at Seoul on September 20, 1989.

Accept, Excellency, the assurance of my highest consideration.

André Ouellet

II

The Ambassador of the Republic of Korea to the Secretary of State for External Affairs of Canada

EMBASSY OF THE REPUBLIC OF KOREA

OTTAWA, March 6, 1995

His Excellency André Ouellet
Minister of Foreign Affairs
Canada

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows:

(See Note from Canada of March 6, 1995)

I have further the honour to inform Your Excellency, on behalf of the Government of the Republic of Korea, that the above proposal of the Government of Canada is acceptable to the Government of the Republic of Korea and to confirm that Your Excellency's Note and this Note in reply, which is equally authentic in English and Korean, are regarded as constituting an Agreement between the two Governments on this matter, which enters into force on the date of this Note in reply.

I avail myself of this opportunity to extend to Your Excellency the assurances of my highest consideration.

Kee Bock Shin

Ambassador Extraordinary and
Plenipotentiary of the Republic of Korea