Verdrag inzake luchtdiensten tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Staat Koeweit

For the purpose of this Agreement, unless the text otherwise requires:
a. the term “aeronautical authorities” means in the case of the State of Kuwait, the Directorate General of Civil Aviation; in the case of the Kingdom of the Netherlands, in respect of Curaçao, the Minister responsible for Civil Aviation of Curaçao; or, in both cases, any other person or agency authorised to perform the functions exercised at present by the said authorities;
b. the term “agreed services” means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail in accordance with the agreed capacity entitlements;
c. the term “Agreement” means this Agreement, the Annex attached thereto, and any amendments to the Agreement or to the Annex;
d. the terms “air service”, “international air service”, “stop for non-traffic purposes” and “airline” shall for the purpose of this Agreement, have the meaning laid down in Article 96 of the Convention;
e. the term “air transportation” means the public carriage by aircraft of passengers, baggage, cargo and mail, separately or in combination, for remuneration or hire;
f. the term “Convention” means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention under Articles 90 and 94 thereof so far as these Annexes and amendments have been adopted by both Contracting Parties;
g. the term “designated airline” means any airline that one Contracting Party has designated in writing to the other Contracting Party in accordance with Article 4 of this Agreement as being an airline which is to operate the agreed services on the routes specified in accordance with Article 3 of this Agreement;
h. the term “route schedule” means the route schedule annexed to this Agreement or as amended in accordance with the provisions of Article 17 of this Agreement;
i. the term “tariff” means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail;
j. the term “territory” in relation to a Contracting Party, has the meaning assigned to it in Article 2 of the Convention;
k. the term “user charge” means a charge made to airlines for the provision of airport, air navigation or aviation security facilities or services, including related services and facilities.

The provisions of this Agreement shall be subject to the provisions of the Convention insofar as those provisions are applicable to international air services.

1. Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of operating international air services on the routes specified in the route schedule.
2. Subject to the provisions of this Agreement, the airline or airlines designated by each Contracting Party shall enjoy the following rights:
a. the right to fly without landing across the territory of the other Contracting Party;
b. the right to make stops in the territory of the other Contracting Party for non-traffic purposes;
c. the right to make stops at the point(s) on the route(s) specified in the route schedule of this Agreement for the purpose of taking on board and discharging international traffic in passengers, cargo and mail; and
d. the rights otherwise specified in this Agreement.
3. The airlines of each Contracting Party, other than those designated under Article 4 of this Agreement, shall also enjoy the rights specified in paragraphs 2(a) and 2(b) of this Article.
4. Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline(s) of one Contracting Party the privilege of taking on board, in the territory of the other Contracting Party, passengers, cargo and mail for remuneration and destined for another point in the territory of the other Contracting Party.

1. Each Contracting Party shall have the right to designate in writing, through diplomatic channels, to the aeronautical authorities of the other Contracting Party one or more airlines to operate the agreed services, in accordance with this Agreement, and to withdraw or alter such designation.
2. On receipt of such a designation, and of application from the designated airline, in the form and manner prescribed for operating authorization and technical permission, each Contracting Party shall grant the appropriate operating authorization with minimum procedural delay to exercise the rights specified in Article 3 of this Agreement, provided that:
a. the airline has its principle place of business in the territory of the Contracting Party designating the airline;
b. the Contracting Party has and maintains effective regulatory control of the airline and the airline holds a valid Air Operator’s Certificate (AOC) issued by the Contracting Party designating the airline;
c. the Contracting Party designating the airline is in compliance with the provisions set forth in Article 15 and Article 16 of this Agreement; and
d. the designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Contracting Party receiving the designation.
3. On receipt of the operating authorization of paragraph 2 of this Article, a designated airline may at any time begin to operate the agreed services for which it is so designated, provided that the airline complies with the applicable provisions of this Agreement.

1. The aeronautical authorities of each Contracting Party shall have the right to withhold the authorizations referred to in paragraph 1 of Article 4 of this Agreement with respect to an airline designated by the other Contracting Party, and to revoke, suspend or impose conditions on such authorizations, temporarily or permanently, when:
a. the airline fails to maintain its principle place of business in the territory of the Contracting Party that designated the airline;
b. the Contracting Party fails to continue to maintain effective regulatory control of the airline or the airline fails to hold a valid AOC issued by the Contracting Party that designated the airline;
c. the Contracting Party designating the airline fails to comply with the provisions set forth in Article 15 and Article 16 of this Agreement; or
d. the designated airline fails to qualify to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Contracting Party receiving the designation.
2. Unless immediate action is essential to prevent infringement of the laws and regulations referred to above or unless safety or security requires action in accordance with the provisions of Articles 15 or 16 of this Agreement, the rights enumerated in paragraph 1 of this Article shall be exercised only after consultations between the aeronautical authorities in conformity with Article 17 of this Agreement.

1. Neither Contracting Party shall impose or permit to be imposed on the designated airlines of the other Contracting Party user charges higher than those imposed on its own airlines operating similar international air services.
2. Each Contracting Party shall encourage consultations on user charges between its competent charging authorities or bodies and the airlines using the services and facilities, where practicable through those airlines’ representative organizations. Reasonable notice of any proposals for changes in user charges should be given to such users to enable them to express their views before changes are made. Each Contracting Party shall further encourage its competent charging authority, or service provider, and such users to exchange appropriate information concerning user charges.

1. Aircraft operated in international air services by the designated airline or airlines of either Contracting Party shall be exempt from all import restrictions, customs duties, national excise taxes and similar national custom inspection fees on the items set out below:
a. the following items introduced by a designated airline of one Contracting Party into the territory of the other Contracting Party: i. repair, maintenance and servicing equipment and components parts;
ii. passenger handling equipment and component parts;
iii. cargo-loading equipment and component parts;
iv. security equipment and component parts for incorporation into security equipment;
v. instructional material and training aids;
vi. airline and operators' documents; and
i. repair, maintenance and servicing equipment and components parts;
ii. passenger handling equipment and component parts;
iii. cargo-loading equipment and component parts;
iv. security equipment and component parts for incorporation into security equipment;
v. instructional material and training aids;
vi. airline and operators' documents; and
b. the following items introduced by a designated airline of one Contracting Party into the territory of the other Contracting Party and supplied to a designated airline of one Contracting Party in the territory of the other Contracting Party: i. aircraft stores (including but not limited to such items as food, beverages and tobacco) whether introduced into or taken onboard in the territory of the other Contracting Party;
ii. fuel, lubricants and consumable technical supplies;
iii. spare parts including engines; and
i. aircraft stores (including but not limited to such items as food, beverages and tobacco) whether introduced into or taken onboard in the territory of the other Contracting Party;
ii. fuel, lubricants and consumable technical supplies;
iii. spare parts including engines; and
c. computer equipment and components introduced by a designated airline of one Contracting Party into the territory of the other Contracting Party to assist in one or more of the following matters: i. the repair, maintenance or servicing of aircraft;
ii. the handling of passengers at the airport or onboard the aircraft;
iii. the loading of cargo unto or the unloading of cargo from aircraft; and
iv. the carrying of security checks on passengers or cargo,
i. the repair, maintenance or servicing of aircraft;
ii. the handling of passengers at the airport or onboard the aircraft;
iii. the loading of cargo unto or the unloading of cargo from aircraft; and
iv. the carrying of security checks on passengers or cargo,
provided that in each case they are for use onboard an aircraft or within the limits of an international airport in connection with the establishment or maintenance of an international air service by a designated airline.
2. The exemption from custom duty, national custom inspection fees, excise taxes and similar national fees shall not extend to charges based on the cost of services provided to the designated airline or airlines of a Contracting Party in the territory of the other Contracting Party.
3. Equipment and supplies referred to in paragraph 1 of this Article may be required to be kept under the supervision or control of the appropriate authorities.
4. In the event that the designated airline or airlines of one Contracting Party owing to an emergency situation enter into an arrangement with another airline or airlines for the loan or use of any of the items specified in paragraph 1 of this Article, the exemptions provided in this Article shall be available to such airline.

Either Contracting Party undertakes to grant the designated airline or airlines of the other Contracting Party the right of free transfer, at the applicable rate of exchange, of the excess of receipts over expenditure (including any interest earned on deposit awaiting remittance) achieved in its territory in connection with the carriage of passengers, baggage, mail shipments and cargo by the designated airline or airlines of the other Contracting Party. Whenever the payments system between the Contracting Parties is governed by a special agreement, that agreement shall apply.

1. The designated airline or airlines of one Contracting Party shall have the right to maintain its own representation in the territory of the other Contracting Party.
2. The designated airline or airlines of one Contracting Party may, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment bring in and maintain in the territory of the other Contracting Party managerial sales, technical, operational and other specialist staff required for the provision of air services.
3. Subject to the exclusion in paragraph 4 of this Article, the designated airline or airlines of each Contracting Party shall have the right to use the services and personnel of any other organization, company or airline operating in the territory of the other Contracting Party.
4. In case of nomination of a general agent or general sales agent, this agent shall be appointed in accordance with the relevant applicable laws and regulations of each Contracting Party.
5. In accordance with the applicable national laws and regulations of each Contracting Party, each designated airline shall have the right to engage in the sale of air transportation in the territory of the other Contracting Party through its agents and any person shall be able to purchase such transportation.

1. The laws and regulations in force in each Contracting Party relating to entry into or departure from its territory of passengers, crew, cargo and mail of aircraft (such as regulation relating to entry, clearance, immigration, passports, customs and quarantine) shall be applicable to the passengers, crew, cargo and mail of the aircraft of an airline designated by the other Contracting Party while in the territory of the first Contracting Party.
2. The laws and regulations of a Contracting Party relating to the admission to, stay in or departure from its territory of aircraft engaged in international air services, or relating to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft operated by the airline or airlines of the other Contracting Party without distinction as to nationality, and shall be complied with by the airline or airlines operating such aircraft upon entering, departing from or while within the territory of the other Contracting Party.

1. Each designated airline shall have a fair and equal opportunity to compete in providing the international air services governed by this Agreement.
2. Each Contracting Party shall take action to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of a designated airline of the other Contracting Party.
3. The air transport facilities available to the travelling public shall meet international requirements of the public for such transport.
4. Each Contracting Party shall take into consideration the interests of the airlines of the other Contracting Party so as not to affect unduly their opportunity to offer the services covered by this Agreement.
5. Services provided by a designated airline under this Agreement shall retain as their primary objective the provision of capacity adequate to the traffic demands between the country of which such airline is a national and the country of ultimate destination of the traffic. The right to embark or disembark on such services destined for and coming from third countries at a point or points on the routes specified in this Agreement shall be exercised in accordance with the general principles of orderly development of international air transport to which both Contracting Parties subscribe and shall be subject to the general principle that capacity should be related to:
a. the traffic requirements between the country of origin and the countries of ultimate destination of the traffic;
b. the requirements of through airline operations; and
c. the traffic requirements of the area through which the airline passes, after taking account of local and regional services.
6. Each Contracting Party shall allow each designated airline to determine the frequency and capacity of the international air service it offers, according to commercial and market-based considerations. Consistent with this right, neither Contracting Party shall unilaterally restrict the operations of the designated airlines of the other Contracting Party, except according to the terms of this Agreement or as may be required for customs, technical, operational or environmental reasons, under uniform conditions consistent with Article 15 of the Convention.

1. The designated airlines shall submit to the relevant authorities of the Contracting Parties not later than thirty (30) days prior to the initiation of the agreed services on the specified routes in accordance with Article 3 of this Agreement, the type of service, aircraft and the flight schedules. This provision shall likewise apply to any modifications thereof.
2. The relevant authorities receiving such flight schedules shall normally approve the flight schedules or suggest modifications thereto. In any case the designated airlines shall not commence their services before the flight schedules are approved by the relevant authorities concerned. This provision shall likewise apply to any modifications thereof.

The aeronautical authorities of either Contracting Party shall furnish to the aeronautical authorities of the other Contracting Party, at their request, such periodic or other statistical data as may be reasonably required. Such data shall include all information required.

1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based on commercial considerations in the marketplace, including the cost of operation, the characteristics of the service, the interests of users, a reasonable profit and other market considerations.
2. Each Contracting Party may require notification to or filing with its aeronautical authorities of tariffs to be charged to or from its territory by airlines of the other Contracting Party. Such notification or filing by the airlines of both Contracting Parties may be required to be made no later than the initial offering of a tariff.
3. Without prejudice to the applicable competition and consumer protection laws prevailing in each Contracting Party, neither Contracting Party shall take unilateral action to prevent the commencement or continuation of a tariff proposed to be charged or charged by a designated airline of the other Contracting Party in connection with the international air services provided for under this Agreement. Intervention, as described in paragraph 4 of this Article, by the Contracting Parties shall be limited to:
a. prevention of unreasonably discriminatory tariffs or practices;
b. protection of consumers from tariffs that are unreasonably high or restrictive due to the abuse of a dominant position or due to concerted practice among airlines;
c. protection of airlines from tariffs that are artificially low due to direct or indirect subsidy or support;
d. protection of airlines from tariffs that are artificially low, where evidence exists as to an intent to eliminate competition.
4. Without prejudice to the provisions of paragraph 3 of this Article, the aeronautical authorities of either Contracting Party may expressly disapprove tariffs submitted by the designated airlines of the other Contracting Party, where such aeronautical authorities find that a tariff proposed to be charged by such airlines falls within the categories set forth in paragraph 3 of this Article. In such event, the concerned aeronautical authority:
a. shall send notification of its dissatisfaction to the aeronautical authorities of the other Contracting Party, and to the airline involved, as soon as possible, and in no event later than thirty (30) days after the date of notification or filing of the tariff in question; and
b. may request consultations in accordance with the procedures established under paragraph 5 of this Article.
Unless both aeronautical authorities have agreed to disapprove the tariff in question in writing, the tariff shall be treated as having been approved.
5. The aeronautical authorities of each Contracting Party may request consultations with the aeronautical authorities of the other Contracting Party on any tariff charged by an airline of the other Contracting Party for international air services to or from the territory of the first Contracting Party, including tariffs for which a notice of dissatisfaction has been given. These consultations shall be held no later than fifteen (15) days after receipt of the request. The aeronautical authorities of both Contracting Parties shall cooperate in securing the necessary information for a reasoned resolution of the issue. If an agreement is reached with respect to a tariff for which a notice of dissatisfaction has been given, the aeronautical authorities of each Contracting Party shall use their best efforts to put that agreement into effect. If such mutual agreement is not reached, the tariff shall go into effect or continue in effect.

1. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.
2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days or such longer period as may be agreed, shall be grounds for the application of Article 5 of this Agreement.
3. Notwithstanding the obligations mentioned in Articles 16 and 33 of the Convention, it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to or from the territory of the other Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party, on board and around the aircraft, to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not lead to unreasonable delay.
4. If any ramp inspection or series of ramp inspections gives rise to:
a. serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; or
b. serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention,
the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.
5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party in accordance with paragraph 3 of this Article is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article arise and draw the conclusions referred to in that paragraph.
6. Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an airline operation.
7. Any action by one Contracting Party in accordance with paragraphs 2 or 6 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.
8. Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one Contracting Party, and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating services provided for in this Agreement, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which are or may be established pursuant to the Convention. Each Contracting Party reserves the right, however to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licenses granted to its own nationals or rendered valid for them by the other Contracting Party or by any other State.
9. If the privileges or conditions of the licenses or certificates referred to in paragraph 8 of this Article, issued by the aeronautical authorities of one Contracting Party to any person or designated airline or airlines or in respect of an aircraft operating the agreed services on the specified routes, should permit a difference from the standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the aeronautical authorities of the other Contracting Party may request consultations in accordance with Article 17 of this Agreement with the aeronautical authorities of that Contracting Party with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach a satisfactory agreement will constitute grounds for the application of Article 5 of this Agreement.

1. The Contracting Parties reaffirm, consistent with their rights and obligations under international law, that their obligations 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 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 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for the Purposes of Detection, signed at Montreal on 1 March 1991, and any other convention or protocol relating to aviation security to which the Contracting Parties shall become party.
2. 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.
3. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security standards and, so far as they are applied by them, with the Recommended Practices established by the International Civil Aviation Organization and designated as Annexes to the Convention, and the Contracting Parties shall require that operators of aircraft of their registry, operators 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. Each Contracting Party shall notify the other Contracting Party of any difference between its national regulations and practices and the aviation security standards established by the Convention. Either Contracting Party may request consultations with the other Contracting Party at any time to discuss any such differences.
4. Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraft, to screen passengers and their carry-on items, and to carry out appropriate checks on crew, cargo (including hold baggage) and aircraft stores prior to and during boarding or loading, and that those measures are adjusted to meet any increased threat. Each Contracting Party agrees that its designated airline or airlines may be required to observe the aviation security provisions referred to in paragraph 3 of this Article required by the other Contracting Party for entrance into, departure from, or while within, the territory of that other Contracting Party. Each Contracting Party shall also act favourably upon any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
5. 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 as rapidly as possible, commensurate with minimum risk to life, such incident or threat.
6. Each Contracting Party shall have the right, in the event that the designated airline or airlines of one Contracting Party commences operations of agreed services to the territory of the other Contracting Party, within sixty (60) days following notice (or such shorter period as may be agreed between the aeronautical authorities), for its aeronautical authorities to conduct an assessment in the territory of the other Contracting 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 Contracting Party. The administrative arrangements for the conduct of such assessments shall be mutually determined by the aeronautical authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously.
7. Each Contracting Party shall take such measures, as it may find practicable, to ensure that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference which has landed in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the basis of mutual consultations.
8. 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. Such consultations shall start within fifteen (15) days of receipt of such a request from either Contracting Party. Failure to reach a satisfactory agreement within fifteen (15) days from the start of consultations, or such other period as may be agreed upon between the Contracting Parties, shall constitute grounds for withholding, revoking, suspending or imposing conditions on the authorisations of the airline or airlines designated by the other Contracting Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Contracting Party may take interim action at any time. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Contracting Party with the security provisions of this Article.

1. Consultations shall take place as needed between the aeronautical authorities of the Contracting Parties in order to achieve closer cooperation and agreement in all matters pertaining to the application of this Agreement.
2. Each Contracting Party may at any time request consultations with the other Contracting Party for the purpose of amending this Agreement or the Annex. Such consultations shall begin within a period of thirty (30) days from the date of receipt of such request. Any amendment to this Agreement shall be agreed upon by the Contracting Parties and shall be effected through an exchange of diplomatic notes and the amendments shall enter into force in accordance with the provisions of Article 24 of this Agreement.
3. Notwithstanding the provisions of paragraph 2 of this Article, any amendments to the Annex to this Agreement may be agreed upon by the aeronautical authorities of the Contracting Parties, and confirmed through an exchange of diplomatic notes, and shall enter into force on a date to be determined in the diplomatic notes. This exception to paragraph 2 of this Article does not apply in case any traffic rights are added to the abovementioned Annex.

1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavor to settle it by negotiations between themselves.
2. If the Contracting Parties fail to reach within sixty (60) days a settlement by negotiations, they shall refer the dispute for decision to a person or body or, at the request of one of the Contracting Parties, to an arbitration tribunal. The arbitration tribunal shall be composed as follows:
a. each Contracting Party shall nominate an arbitrator; if one Contracting Party fails to nominate its arbitrator within sixty (60) days, such arbitrator shall be nominated by the President of the Council of the International Civil Aviation Organization at the request of the other Contracting Party;
b. the third arbitrator, who shall be a national of a third State and who shall preside over the arbitration tribunal, shall be nominated either: i. by agreement between the Contracting Parties; or
ii. if within sixty (60) days the Contracting Parties do not so agree, by appointment of the President of the Council of the International Civil Aviation Organization at the request of either Contracting Party. If the President of the Council is a national of one of the Contracting Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
i. by agreement between the Contracting Parties; or
ii. if within sixty (60) days the Contracting Parties do not so agree, by appointment of the President of the Council of the International Civil Aviation Organization at the request of either Contracting Party. If the President of the Council is a national of one of the Contracting Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
3. Each Contracting Party shall bear the cost of its own member as well as of its representation in the arbitral proceedings; the cost of the chairman and any other costs shall be borne in equal parts by the Contracting Parties. In all other respects, the arbitral tribunal shall have its own procedure.
4. The arbitral tribunal shall attempt to give a written decision within sixty (60) days after completion of the hearing or, if no hearing is held, sixty (60) days after the date both replies are submitted.
5. The arbitral tribunal shall reach its decisions by a majority of votes. The decision of the arbitral tribunal shall be final and binding upon the parties to the dispute.
6. If and for so long as either Contracting Party fails to comply with a decision under paragraph 5 of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges under this Agreement.

Either Contracting Party may, at any time, notify the other Contracting Party in writing through diplomatic channels of its decision to terminate this Agreement. A copy of the notice shall be sent simultaneously to the Secretary General of the International Civil Aviation Organization. If such notice is given, this Agreement shall terminate twelve (12) months after the date of receipt by the other Contracting Party of the notice to terminate, unless by agreement between the Contracting Parties the notice under reference is withdrawn before the expiry of that period. If the other Contracting Party fails to acknowledge receipt, notice shall be deemed to have been received fourteen (14) days after the date of the receipt by the Secretary General of the International Civil Aviation Organization of his copy.

In the event of a general multilateral air transport convention accepted by the Contracting Parties entering into force, the provisions of such convention shall prevail. Any discussions with a view to determining the extent to which this Agreement is terminated, superseded, amended or supplemented by the provisions of the multilateral convention, shall take place in accordance with paragraph 2 of Article 17 of this Agreement.

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

Titles are inserted in this Agreement at the head of each Article for the purpose of reference and convenience and in no way to define, limit or describe the scope or intent of this Agreement.

As regards the Kingdom of the Netherlands, this Agreement shall apply to Curaçao only.

This Agreement shall enter into force after the fulfillment of the internal legal requirements by each Contracting Party. The Contracting Parties shall notify each other of the fulfillment of such requirements through an exchange of diplomatic notes.
The Agreement shall enter into force on the first day of the second month from the date of the receipt of the last notification.