Beirut, 19 September 1964 The Government of India and the Government of the Republic of Lebanon hereinafter described as the Contracting Parties,
BEING Contracting Parties to the Convention on International Civil Aviation signed at Chicago on the seventh day of December, 1944,
the terms of which Convention are binding on both Parties,
And desiring to conclude an Agreement for the operation of air transport services between and beyond their respective territories.
HAVE agreed as follows :
Article I
Grant of Rights
(A) Each Contracting Party grants to the other Contracting Party the right to operate the air services specified in the Annex to this
Agreement (hereinafter referred to as the “specified air services") and to carry traffic to, from and in transit over its territory
as provided in this Agreement.
(B) The airlines designated as provided in Article II hereof shall have the right :
(i) to fly across without landing in the territory of the other Contracting Party;
(ii) to use for traffic purposes, airports provided for public use at the points specified in the Annex to this Agreement and ancillary
services provided for public use on the air routes specified in the said Annex (hereinafter referred to as the “specified air routes”).
(iii) to use for non-traffic purposes, all airports and ancillary services provided for public use in the territory of the other Contracting
Party when operating the specified air routes;
Provided that the laws and regulations relating to the admission to or departure from the territory of the Contracting Party of aircraft
engaged in international air navigation or to the operation and navigation of such aircraft while within its territory are complied
with.
Article II
Designation of Airlines
(A) Each of the specified air services may be inaugurated immediately or at a later date at the option of the Contracting Party to
whom the rights are granted, on condition that :
(i) the Contracting Party to whom the rights have been granted shall have designated an airline or airlines (hereinafter referred
to as the ‘designated airline or the designated airlines’) for the specified air route;
(ii) the Contracting Party which grants the rights shall have given an appropriate operating permission to the airline or airlines
which it shall do with the least possible delay, subject to the provisions of paragraph (B) and provided that the airline or airlines
comply with the requirements of paragraph (C) of this Article.
(B) Each Contracting Party shall have the right to withhold an operating permission from a designated airline or to revoke such permission
or to impose such conditions as it may deem necessary, in any case where it is not satisfied that substantial ownership and effective
control of that airline are vested in the Contracting Party designating the airline or in the nationals of that Contracting Party.
Such action shall be taken only after consultation between the Contracting Parties .
(C) The designated airline may be required to satisfy the aeronautical authorities of the Contracting Party granting the rights that
it is qualified to fulfil the conditions prescribed from time to time by or under the laws and regulations normally applied by those
authorities to the operation of international air services.
(D) The operation of each of the specified air services shall be subject to the agreement of the Contracting Party concerned that
the route organisation available for civil aviation on the specified air route is adequate for the safe operation of air services.
Article III
Grant of Rights
The designated airline or airlines of each Contracting Party operating the specified air services may, subject to the provisions of
Article IV, set down or pick up in the territory of the other Contracting Party, at the points specified in the Annex, international
traffic originating in or destined for the territory of the former Contracting Party or of a third country.
Article IV
Capacity
(A) The capacity provided by the designated airlines of both Contracting Parties on any specified air route shall bear a close relationship
to the requirements of the public for air transport on that route and the designated airlines of each Contracting Party shall have
fair and equal opportunity with those of the other Contracting Party to meet those requirements.
(B) In operating the specified air services the designated airline or airlines of each Contracting Party shall take into consideration
the interests of the airline or airlines of the other Contracting Party so as not to affect unduly the services which the latter
provide on any of the specified air routes or sectors thereof.
(C) The primary objective of a designated airline in providing capacity on a specified air route shall be the carriage at a reasonable
load factor of the traffic on that route between the territory of the Contracting Party designating the airline and the countries
of ultimate destination of the traffic. The designated airlines of each Contracting Party may embark and disembark in the territory
of the other Contracting Party traffic destined for and coming from third countries on the specified air routes by utilising a
part of the total capacity which may be provided by the airline in conformity with the provisions of paragraphs (A) and (B) of
this Article.
Article V
Provision of Operating Statistics Information
(A) The aeronautical authorities of both Contracting Parties shall exchange information as promptly as possible concerning the current
authorisations extended to their respective designated airlines to render service to, through and from the territory of the other
Contracting Party. This will include copies of current certificates and authorisations for service on the specified air routes,
together with amendments, exemption orders and authorised service patterns.
(B) Each Contracting Party shall cause its designated airlines to provide to the aeronautical authorities of the other Contracting
Party, as long in advance as practicable, copies of time tables, tariff schedules including any modification thereof, and all other
relevant information concerning the operation of the specified air services including such information as may be required to satisfy
the aeronautical authorities that the requirements of this Agreement are being duly observed.
(C) Each Contracting Party shall cause its designated airlines to provide to the aeronautical authorities of the other Contracting
Party statistics relating to the traffic carried on their air services to, from or through the territory of the other Contracting
Party showing the origin and destination of the traffic.
Article VI
Tariffs
(A) Rates shall be fixed at reasonable levels, due regard being paid to all relevant factors, including costs of comparable economical
operation and reasonable profit.
(B) The rates together with rates of agency commission and rebate to be charged by the designated airlines of each Contracting Party
in respect of traffic carried under this Agreement to or from the territory of the other Contracting Party shall be agreed in the
first instance between the designated airlines of Contracting Parties and shall have regard to relevant rates adopted by the International
Air Transport Association. Any rates so agreed shall be subject to the approval of the aeronautical authorities of the Contracting
Parties. In the event of disagreement between the airlines and/or the aeronautical authorities, the Contracting Parties themselves
shall endeavour to reach agreement and will take all necessary steps to give effect to such agreement. Should the Contracting Parties
fail to agree, the dispute shall be dealt with in accordance with Article XI. Pending the settlement of any disagreement, the rates
already established shall prevail.
Article VII
Customs Duties
In respect of customs duties, inspection fees and similar national duties or charges on supplies of fuel, lubricating oils, spare
parts, regular equipment and aircraft stores introduced into or taken on board aircraft of the designated airlines of one Contracting
Party in the territory of the other Contracting Party and intended solely for use by or in such aircraft and remaining on board on
departure from the last airport of call in that territory, the designated airlines of the first Contracting Party shall be accorded
treatment not less favourable than that granted by the second Contracting Party to the airlines of the most favoured nation or to
its national airlines engaged in international air services : Provided that neither Contracting Party shall be obliged to grant to
the designated airlines of the other Contracting Party, exemption or remission of customs duty, inspection fees or similar national
duties or charges unless such other Contracting Party grants exemption or remission of such charges to the designated airlines of
the first Contracting Party.
Article VIII
Revocation of Authorisation
Each Contracting Party reserves the right to itself to withhold or revoke, or impose such appropriate conditions as it may deem necessary
with respect to an operating permission in case of failure by a designated airline of the other Contracting Party to comply with
the laws and regulations of the first Contracting Party, or in case, in the judgement of the first Contracting Party, such airline
has failed to fulfil the conditions prescribed in this Agreement. Provided that unless immediate suspension or imposition of conditions
is essential to prevent further infringements of laws and regulations, such action shall be taken only after consultation between
the Contracting Parties. In the event of action by one Contracting Party under this Article, the rights of the other Contracting
Party under Article XI shall not be prejudiced.
Article IX
Consultation and Modification
(A) In a spirit of close collaboration, the aeronautical authorities of the two Contracting Parties will consult regularly with a
view to assuring the observance of the principles and the implementation of the provisions outlined in this Agreement.
(B) Either Contracting Party may at any time request consultation with the other with a view to initiating any amendments of the Agreement
which it may deem desirable. Such consultation shall begin within a period of sixty days from the date of the request. Any modification
of this Agreement agreed to as a result of such consultation shall come into effect after the respective constitutional requirements
have been fulfilled and when it has been confirmed by an exchange of diplomatic notes. Any modification of the Annex to the Agreement
shall come into effect when it has been confirmed by an exchange of diplomatic notes.
Article X
Termination
Either Contracting Party may at any time give notice to the other of its desire to terminate this Agreement. Such notice shall be
simultaneously communicated to the International Civil Aviation Organisation. This Agreement shall terminate one year after the date
of receipt of the notice by the other Contracting Party, unless the notice is withdrawn by agreement before the expiration of this
period. In the absence of acknowledgement of receipt by the other Contracting Party notice shall be deemed to have been received
fourteen days after the receipt of the notice by the International Civil Aviation Organisation.
Article XI
Settlement of Disputes
(A) If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement,
the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves.
(B) If the Contracting Parties fail to reach a settlement by negotiation
(i) they may agree to refer the dispute for decisions to an arbitral tribunal or some other person or body appointed by agreement
between them; or
(ii) if they do not so agree, or if, having agreed to refer the dispute to an arbitral tribunal or some other person or body, they
cannot reach agreement as to its composition, either Contracting Party may submit the dispute for decision to any tribunal competent
to decide it established within the International Civil Aviation Organisation, or, if there be no such tribunal, to the International
Court of Justice.
(C) The Contracting Parties undertake to comply with any decision given, including any interim recommendation made, under paragraph
(B) of this Article.
(D) If and so long as either Contracting Party or a designated airline of either Contracting Party fails to comply with the requirements
of paragraph (C) of this Article; the other Contracting Party may limit, withhold or revoke any rights which it has granted by virtue
of the present Agreement.
Article XII.
Entry into Force
The Agreement shall be subject to ratification and shall come into force from the date of exchange of the instruments of ratification.
Article XIII
Multilateral Conventions
In the event of the conclusion of a multilateral convention or agreement concerning air transport to which both Contracting Parties
adhere, this Agreement shall be modified to conform with the provisions of such Convention or Agreement.
Article XIV
Definitions
(A) For the purpose of this Agreement the terms “territory”, “air service”, “international air service”, and “airline” shall have
the meaning specified in the Convention on International Civil Aviation signed at Chicago on the seventh day of December, 1944.
(B) The term “aeronautical authorities” shall mean, in the case of India, the Director General of Civil Aviation, India and in the
case of Lebanon, the Director of Civil Aviation, Lebanon and in both cases any person or body authorised to perform the functions
presently exercised by the above-mentioned authorities.
Article XV
Annex Part of the Agreement
The Annex to this Agreement shall be deemed to be part of the Agreement and all references to the “Agreement” shall include references
to the Annex, except where otherwise expressly provided.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their respective Governments have signed the
present Agreement.
DONE in duplicate this day of September 19, 1964 at Beirut in English Hindi and Arabic, all three texts being equally authentic, except
in the case of doubt when the English text shall prevail.
Sd /-
I.S. CHOPRA.
For the Government of India
Sd/-
FOAUD AMMOUN
For the Government of the Republic of Lebanon.
