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Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Federale Republiek Brazilië inzake luchtvervoer tussen Curaçao en Brazilië, Brasilia, 03-12-2013
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Air Services Agreement between the Kingdom of the Netherlands, in respect of Curaçao, and the Federative Republic of Brazil relating to Air Transport between Brazil and Curaçao
Article 1. Definitions
Article 2. Grant of Rights
Article 3. Change of Aircraft
Article 4. Designation and Authorization
Article 5. Revocation of Authorization
Article 6. Application of Laws
Article 7. Safety
Article 8. Aviation Security
Article 9. Commercial Opportunities
Article 10. User Charges
Article 11. Competition
Article 12. Capacity
Article 13. Pricing
Article 14. Customs Duties
Article 15. Taxation
Article 16. Statistics
Article 17. Approval of Schedules
Article 18. Consultations and amendment
Article 19. Settlement of Disputes
Article 20. Multilateral Agreements
Article 21. Termination
Article 22. Registration with ICAO
Article 23. Entry into in force
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Geschiedenis

Geschiedenis-overzicht

Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Federale Republiek Brazilië inzake luchtvervoer tussen Curaçao en Brazilië, Brasilia, 03-12-2013

Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Federale Republiek Brazilië inzake luchtvervoer tussen Curaçao en Brazilië
(authentiek: en)
The Kingdom of the Netherlands, in respect of Curaçao,
and
the Government of the Federative Republic of Brazil (hereinafter referred to as “the Parties”);
Being parties to the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944;
Desiring to contribute to the progress of regional and international civil aviation;
Desiring to conclude an agreement for the purpose of establishing and operating air services between and beyond their respective territories;
Have agreed as follows:
Article 1. Definitions [Treedt in werking op een nader te bepalen tijdstip]
For the purpose of this Agreement, unless otherwise defined:
1. the term “Party” means the Kingdom of the Netherlands, in respect of Curaçao, or the Federative Republic of Brazil as the context requires;
2. the term “aeronautical authorities” means, in the case of Brazil, the civil aviation authority represented by the National Civil Aviation Agency (ANAC) and in the case of Curaçao, the Minister of Traffic, Transport and Urban Planning of Curaçao, and any person or body authorized to perform the functions at present exercised by said authorities;
3. the term “Agreement” means this Agreement, its Annex , and any amendments thereto;
4. the term “capacity” means the amount(s) of services provided under the Agreement, usually measured in the number of flights (frequencies) or seats or tons of cargo offered in a market (city pair, or country-to-country) or on a route during a specific period, such as daily, weekly, seasonally or annually;
5. the term “air transportation” means the public carriage by aircraft of passengers, baggage, cargo, and mail, separately or in combination, for remuneration or hire;
6. the term “Convention” means the Convention on International Civil Aviation , opened for signature at Chicago on December 7, 1944, and includes:
a. any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties; and
b. any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties;
7. the term “designated airline” means an airline designated and authorized in accordance with Article 4 (Designation and Authorization) of this Agreement;
8. the term “full cost” means the cost of providing service plus a reasonable charge for administrative overhead;
9. the term “national” in the case of Brazil means nationals of Brazil and in the case of Curaçao, nationals of the Kingdom of the Netherlands who are permanent residents of Curaçao;
10. the term “price” means any fare, rate or charge for the carriage of passengers (and their baggage) and/or cargo (excluding mail) in air transportation including any other mode of transportation in connection therewith charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;
11. the term “stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, baggage, cargo and/or mail in air transportation;
12. the term “territory” means, for each Party, its land areas, internal waters and territorial sea as determined in accordance with international law, and includes the air space above these areas;
13. the term “user charge” means a charge imposed on airlines for the provision of airport, air navigation, or aviation security facilities or services including related services and facilities;
1.
Each Party grants to the other Party the following rights for the conduct of air transportation by the designated airlines of the other Party:
a. the right to fly across its territory without landing;
b. the right to make stops in its territory for non-traffic purposes;
c. the right to make stops at the point(s) on the route(s) specified in the Route Schedule to this Agreement for the purpose of taking on board and discharging international traffic in passengers, baggage, cargo or mail separately or in combination; and
d. the rights otherwise specified in this Agreement.
2.
The airlines of each Party, other than those designated under Article 4 (Designation and Authorization) of this Agreement shall also enjoy the rights specified in paragraph 1 a) and b) of this Article.
3.
Nothing in this Agreement shall be deemed to confer on the airline or airlines of one Party the right to take on board in the territory of the other Party, passengers, their baggage, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Party.
1.
Each designated airline may on any or all flights on the agreed services and at its option, change aircraft in the territory of the other Party or at any point along the specified routes, provided that:
a. aircraft used beyond the point of change of aircraft shall be scheduled in coincidence with the inbound or outbound aircraft, as the case may be;
b. in the case of change of aircraft in the territory of the other Party and when more than one aircraft is operated beyond the point of change, not more than one such aircraft may be of equal size and none may be larger than the aircraft used on the third and fourth freedom sector.
2.
For the purpose of change of aircraft operations, a designated airline may use its own equipment and, subject to national regulations, leased equipment, and may operate under commercial arrangements with another airline.
3.
A designated airline may use different or identical flight numbers for the sectors of its change of aircraft operations.
1.
The Governments of the Federative Republic of Brazil and the Kingdom of the Netherlands, in respect of Curaçao, shall have the right to designate one or more airlines to conduct air transportation between and beyond their territories in accordance with this Agreement and to withdraw or alter such designations. Such notifications shall be transmitted to the other Party in writing through diplomatic channels.
2.
On receipt of such a designation, and of applications from the designated airline, in the form and manner prescribed for operating authorizations, the other Party shall grant the appropriate authorizations with minimum procedural delay, provided that:
a. the designated airline is established in the territory of the designating Party;
b. effective regulatory control of the designated airline is exercised and maintained by the Party designating the airline;
c. the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air transportation by the Party considering the application or applications; and
d. the Government designating the airline is maintaining and administering the standards set forth in Article 7 (Safety) and Article 8 (Aviation Security).
3.
On receipt of such designation and application from the designated airline in the form and manner prescribed for operating authorization the aeronautical authorities shall, without undue delay, grant the appropriate authorization provided the designated airline complies with the provisions of paragraph 2 of the present Article.
1.
Either Party may revoke, suspend or limit the operating authorizations of an airline designated by the other Party where:
a. they are not satisfied that the designated airline is established in the territory of the Party designating the airline; or
b. effective regulatory control of the designated airline is not exercised and maintained by the Party designating the airline; or
c. that airline has failed to comply with the laws and regulations referred to in Article 6 (Application of Laws) of this Agreement; or
d. the other Party is not maintaining and administering the standards as set forth in Article 7 (Safety); or
e. of failure that such designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air transport services by the Party receiving the designation.
2.
Unless immediate action is essential to prevent further non compliance with paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultation with the other Party. Such consultations shall take place prior to the expire of thirty (30) days following the request by one Party, unless both Parties otherwise agree.
3.
This Article does not limit the rights of either Party to withhold, revoke, limit or impose conditions on the operating authorization of an airline or airlines of the other Party in accordance with the provisions of Article 8 (Aviation Security).
1.
While entering, within or leaving the territory of one Party, its laws and regulations relating to the operation and navigation of aircraft shall be complied with by the other Party's airlines.
2.
While entering, within or leaving the territory of one Party, its laws and regulations relating to the admission to or departure from its territory of passengers, crew or cargo on aircraft (including regulations relating to entry, clearance, aviation security, immigration, passports, customs and quarantine or, in the case of mail, postal regulations) shall be complied with by, or on behalf of, such passengers, crew or cargo of the other Party's airlines.
3.
Neither Party shall give preference to its own or any other airline over an airline of the other Party engaged in similar international air transportation in the application of its immigration, customs, quarantine and similar regulations.
4.
Passengers, baggage, cargo and mail in direct transit 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.
1.
Each Party shall recognize as valid, for the purpose of operating the air transportation provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by the other Party and still in force, provided that the requirements for such certificates or licenses at least equal to the minimum standards that may be established pursuant to the Convention .
2.
If the privileges or conditions of the licenses or certificates referred to in paragraph 1 above, issued by the aeronautical authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention , and which difference has been filed with the International Civil Aviation Organization (ICAO), the other Party may request consultations between the aeronautical authorities with a view to clarifying the practice in question.
3.
Each Party may, however, refuse to recognize as valid for the purpose of flight above its own territory, certificates of competency and licenses granted to or validated for its own nationals by the other Party.
4.
Either Party may request consultations concerning the safety standards maintained by the other Party relating to aeronautical facilities, aircrew, aircraft and the operation of the designated airlines. Such consultations shall take place within thirty (30) days of that request.
5.
If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards and requirements in the areas referred to in paragraph 4 that at least equal the minimum standards that may be established pursuant to the Convention , the other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards, and the other Party shall take appropriate corrective action within an agreed time period. Each Party reserves the right to withhold, revoke, or limit the operations authorization of an airline or airlines designated by the other Party in the event the other Party does not take such appropriate corrective action within a reasonable time.
6.
Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an airline of one Party, on service to or from the territory of another party, may, while within the territory of the other Party be the subject of a search by the authorized representatives of the other Party, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the standards established at that time pursuant to the Convention .
7.
When urgent action is essential to ensure the safety of an airline operation, each Party reserves the right to immediately suspend or vary the operating authorization of an airline or airlines of the other Party.
8.
Any action by one Party in accordance with paragraph 7 above shall be discontinued once the basis for the taking of that action ceases to exist.
9.
With reference to paragraph 5 above, if it is determined that one Party remains in non-compliance with ICAO standards when the agreed time period has elapsed, the Secretary General of ICAO should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.
1.
In accordance with their rights and obligations under international law, the 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. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft , done at Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft , done at The Hague on December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation , done at Montreal on September 23, 1971, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation , done at Montreal on February 24, 1988, the Convention on the Marking of Plastic Explosives for the Purpose of Detection , signed at Montreal on March 1, 1991, as well as with any other convention or protocol relating to the security of civil aviation which both Parties adhere to.
2.
The 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, of their passengers and crew, and of airports and air navigation facilities, and to address any other threat to the security of civil air navigation.
3.
The 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 ; they shall require that operators of aircraft of their registry or operators of aircraft who are established in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions. Each Party shall advise the other Party of any difference between its national regulations and practices and the aviation security standards of the Annexes. Either Party may request immediate consultations with the other Party at any time to discuss any such differences.
4.
Each Party agrees that such operators of aircraft may be required to observe the security provisions referred to in paragraph 3 above required by the other Party for entry into, for departure from, and while within the territory of that other Party. Each Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew and their baggage and carry-on items, as well as cargo and aircraft stores, prior to and during boarding or loading. Each Party shall also give positive consideration to any request from the other Party for special security measures to meet a particular threat.
5.
When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat.
6.
Each Party shall have the right, within sixty (60) days following notice, for its aeronautical authorities to conduct an assessment in the territory of the other Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the territory of the first Party. The administrative arrangements for the conduct of such assessments shall be agreed between the aeronautical authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously. All assessments shall be covered by a specific confidential agreement.
7.
When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Party may request immediate consultations with the aeronautical authorities of the other Party. Such consultations shall start within fifteen (15) days of receipt of such a request from either Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to withhold, revoke, limit, or impose conditions on the operating authorization of an airline or airlines of that Party. When required by an emergency, or to prevent further non-compliance with the provisions of this Article, a Party may take interim action at any time.
1.
The airlines of each Party shall have the right to establish offices, both on-line and off-line, in the territory of the other Party for the promotion and sale of air transportation.
2.
The designated airlines of each Party shall be entitled, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, to bring in and maintain in the territory of the other Party managerial, sales, technical, operational, and other specialist staff required for the provision of air transportation.
3.
These staff requirements may, at the option of the designated airline or airlines of one 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 Party and authorized to perform such services for other airlines.
4.
The representatives and staff shall be subject to the laws and regulations in force of the other Party, and consistent with such laws and regulations:
a. each Party shall, on the basis of reciprocity and with the minimum of delay, grant the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph 2 of this Article; and
b. both Parties shall facilitate and expedite the requirement of employment authorizations for personnel performing certain temporary duties not exceeding ninety (90) days.
5.
Each designated airline shall have the right to perform its own ground-handling in the territory of the other Party (“self-handling”) or, at its option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services as if self-handling were possible.
6.
Any airline of each Party may engage in the sale of air transportation in the territory of the other Party directly and, at the airline's discretion, through its agents. Each airline shall have the right to sell such transportation, in the currency of that territory or in freely convertible currencies.
7.
Each airline shall have the right to convert and remit to its country, on demand, local revenues from the sale of air transport services and associated activities directly linked to air transport in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance.
8.
The airlines of each Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulation.
9.
The provisions of this Article do not exempt the airlines of both Parties of the duties, taxes and contributions they are subject to.
10.
If there is a special agreement between the Parties to avoid double taxation, or an especial agreement which regulates transferring of funds between the Parties, such agreements shall prevail.
11.
In operating or holding out the authorized services on the agreed routes, any designated airline of one Party may enter into co-operative marketing arrangements such as blocked-space, code-sharing, joint ventures or leasing arrangements, with:
a. an airline or airlines of either Party; and
b. an airline or airlines of a third country, provided that such third country authorizes or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from and via such a third country;
provided that all airlines in such arrangements (1) hold the appropriate authority and (2) meet the requirements normally applied to such arrangements.
1.
User charges that may be imposed by the competent charging authorities or bodies of each Party on the airlines of the other Party shall be just, reasonable, not discriminatory, and equitably apportioned among categories of users. In any event, any such user charges shall be assessed on the airlines of the other Party on terms not less favourable than the most favourable terms available to any other airline at the time the charges are assessed.
2.
User charges imposed on the airlines of the other Party may reflect, but shall not exceed, the full cost to the competent charging authorities or bodies of providing the appropriate airport, airport environmental, air navigation, and aviation security facilities and services at the airport or within the airport system. Such full cost may include a reasonable return on assets, after depreciation. Facilities and services for which charges are made shall be provided on an efficient and economic basis.
3.
Each Party shall encourage consultations between the competent charging authorities or bodies in its territory and the airlines using the services and facilities, and shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles of paragraph 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.
4.
Neither Party shall be held, in dispute resolution procedures pursuant to Article 19 (Settlement of Disputes), to be in breach of a provision of this Article, unless (1) it fails to undertake a review of the charge or practice that is the subject of complaint by the other Party within a reasonable amount of time; or (2) following such a review it fails to take all steps within its power to remedy any charge or practice that is not consistent with this Article.
1.
The Parties shall inform each other about their competition laws, policies and practices or changes thereto, and any particular objectives thereof, which could affect the operation of air transport services under this agreement and shall identify the authorities responsible for their implementation.
2.
The Parties shall notify each other whenever they consider that there may be incompatibility between the application of their competition laws, policies and practices and the matters related to the operation of this Agreement.
3.
Notwithstanding any other provision to the contrary, nothing in this Agreement shall (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
1.
Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers based on commercial considerations of the marketplace.
2.
Neither Party shall unilaterally limit the volume of traffic, frequency, or regularity of service, or the aircraft type or types operated by the designated airlines of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
1.
Prices charged for air services under this Agreement may be freely established by the airlines and shall not be subject to approval.
2.
Each Party may require notification to or filing with the authorities, by the designated airlines of prices for transportation to or from its territory.
1.
Each Party shall on the basis of reciprocity exempt a designated airline of the other 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, not based on the cost of services provided on arrival, on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores and other items such as printed ticket stock, air waybills, any printed material which bears the insignia of the company printed thereon and usual publicity material distributed free of charge by that designated airline intended for use or used solely in connection with the operation or servicing of aircraft of the designated airline of such other Party operating the agreed services.
2.
With regard to regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores introduced into the territory of one Party by or on behalf of a designated airline of the other Party or taken on board the aircraft operated by such designated airline and intended solely for use on board aircraft while operating international services, no duties and charges, including customs duties and inspection fees imposed in the territory of the first Party, shall be applied, even when these supplies are to be used on the parts of the journey performed over the territory of the Party in which they are taken on board. The articles referred to above may be required to be kept under customs supervision and control. The provisions of this paragraph cannot be interpreted in such a way that a Party can be made subject to the obligation to refund customs duties which already have been levied on the items referred to in the above mentioned article.
3.
The exemptions granted by this Article shall apply to the items referred to in paragraph 1:
a. introduced into the territory of the Party by or on behalf of the designated airline of the other Party;
b. retained on board aircraft of the designated airline of one Party upon arrival in or leaving the territory of the other Party; or
c. taken on board aircraft of the designated airline of one Party in the territory of the other 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 Party granting the exemption, provided the ownership of such items is not transferred in the territory of the said Party.
4.
Regular airborne equipment, spare parts, supplies fuels and lubricants and aircraft stores retained on board the aircraft of either Party may be unloaded in the territory of the other Party only with the approval of the customs authorities of that Party, who may require that materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
1.
Capital represented by aircraft operated in international air services by a designated airline shall be taxable only in the territory of the Party in which the place of effective management of the airline is situated.
2.
Profits from the operation of the aircraft of a designated airline in international air services as well as goods and services supplied to it shall be taxable according to the law of each Party, which shall endeavor to conclude a special agreement for the avoidance of double taxation.
Article 16. Statistics [Treedt in werking op een nader te bepalen tijdstip]
The aeronautical authorities of each Party shall provide or cause its designated airline or airlines to provide the aeronautical authorities of the other Party, upon request, periodic or other statements of statistics as may be reasonably required.
1.
The designated airline of each Party shall submit its envisaged flight schedules for approval to the aeronautical authorities of the other Party at least forty-five (45) days prior to the operation of the agreed services. The same procedure shall apply to any modification thereof.
2.
For supplementary flights which the designated airline of one Party wishes to operate on the agreed services outside the approved timetable, that airline must request prior permission from the aeronautical authorities of the other Party. Such requests shall usually be submitted at least fifteen (15) days prior to the operation of such flights.
1.
Either Party may request consultation relating to the interpretation, application, implementation, or amendment of, or compliance with this Agreement or its Annex . Such consultations shall begin at the earliest possible date, but not later than sixty (60) days from the date the other Party receives the request, unless otherwise agreed.
2.
Any amendment to the present Agreement agreed upon by the Parties shall come into force on the date on which the Parties have informed each other in writing of the completion of their respective constitutional requirements.
1.
Any dispute arising between the Parties relating to the interpretation or application of this Agreement except those that may arise under Articles 7 (Safety) and 8 (Aviation Security), the aeronautical authorities of both Parties shall in the first place endeavor to settle it by consultations and negotiation.
2.
If the Parties fail to reach a settlement by negotiation, the dispute shall be settled through diplomatic channels.
Article 20. Multilateral Agreements [Treedt in werking op een nader te bepalen tijdstip]
If a general multilateral air transport agreement comes into force in respect of both Parties, the provisions of such agreement shall prevail. Consultations in accordance with Article 18 (Consultations and amendment) 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 agreement.
1.
Either Party may give notice in writing through diplomatic channels to the other Party of its decision to terminate this Agreement. Such notice shall be communicated simultaneously to the International Civil Aviation Organization.
2.
The Agreement shall terminate one (1) year after the date of receipt of the notice by the other 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 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 22. Registration with ICAO [Treedt in werking op een nader te bepalen tijdstip]
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organization.
1.
Each of the Parties shall notify the other Party, in writing, through diplomatic channels of the completion of its necessary internal procedures required to bring this Agreement into effect.
2.
The Agreement shall enter into force sixty (60) days after the date of receipt of the last notification.
3.
As regards the Kingdom of the Netherlands, this Agreement shall apply only to Curaçao.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed the present Agreement.
DONE at Brasília, on this 3rd day of December 2013, in duplicate, in the English, Dutch and Portuguese languages, all texts being equally authentic. In case of divergence in the interpretation of this Agreement, the English text shall prevail.
For the Kingdom of the Netherlands, in respect of Curaçao,
Earl Balborda
For the Federative Republic of Brazil,
A. Franco