(一)“芝加哥公約” 一詞，指一九四四年十二月七日在芝加哥供開放簽字的國際民用航空公約以及包括﹕(1)根據該公約第九十四(a)條對締約雙方已生效的對公約的任何修改﹔及(2) 任何附件和根據該公約第九十條正式通過的對該附件的任何修改，只要該修改或附件在任何特定時間對締約雙方已經生效﹔
(二) 締約一方給予締約另一方本協定以下規定的權利，以便在作為本協定附件的航線表相應部份所規定的航線上經營國際航班。此航班和航線以下分別稱為“協議航班” 和 “規定航線”。在規定航線上經營協議航班時，締約一方指定空運企業除享有本條第(一)款所規定的權利外，還享有在締約對方地區內本協定航線表的該規定航線所列地點降停，以便上下旅客和包括郵件在內的貨物。
(五) 一家空運企業一經按此指定和授權， 即可開始經營協議航班， 條件是該空運企業遵守本協定的適用條款。
(四) 在締約一方指定的一家或多家空運企業已與另一家或多家空運企業關於在締約另一方地區內就租用或移交本條第(一)款所規定各項物品作出安排的情況下， 本條規定的免除辦法亦適用， 但該另一家或多家空運企業須同樣享有該締約另一方的此項免除。
(一) 確保民用飛機、其旅客和機組人員安全作為國際航班運營的基本前提，締約雙方重申彼此之間對保障民航安全免受非法行為干擾的責任(特別是根據芝加哥公約、一九六三年九月十四日在東京簽訂的關於在航空器內犯罪和犯有某些其他行為的公約、一九七零年十二月十六日在海牙簽訂的關於制止非法劫持航空器的公約， 以及一九七一年九月二十三日在蒙特利爾簽訂的關於制止危害民用航空安全的非法行為的公約的規定所負有的責任)，構成本協定不可缺少的一個部分。
(二) 締約雙方應根據請求相互提供一切必要的協助，以防止非法劫持民用飛機和其他危及該等飛機、其旅客和機組、機場和導航設施安全的非法行為， 以及危及民航安全的任何其他威脅。
(三) 締約雙方在其相互關係中，應遵守航空保安標準，以及對締約雙方適用的國際民航組織所制定並指定為芝加哥公約附件的建議措施。締約雙方須要求在締約各方註冊的飛機經營人或以締約各方地區為主要經營地或永久駐地的飛機經營人， 以及在其地區內的機場經營人遵守該等航空保安規定。本款提到的航空保安標準包括有關締約方通知的任何差異。
(四) 締約各方應確保在其地區內採取有效措施保護飛機， 在登機和裝機前或裝機時，對旅客及其手提物品實行透視檢查，對機組、貨物(包括裝貨艙的行李) 及機上供應品實施適當的檢查，並對上述措施加以調整以對付威脅的增加。締約各方同意其空運企業可能被要求遵守第(三)款中提及的締約另一方關於入境、出境及在締約另一方地區內的航空保安規定。同時締約各方對締約另一方為對付某項特定的威脅採取合理的特別保安措施的要求，亦應採取有利行動。
(二) 如果此種協商之後， 締約一方發現締約另一方在上述任何方面未能有效地保持和實施至少相當於當時根據芝加哥公約制定的最低的安全標準， 締約一方應將此等發現通知締約另一方，締約另一方應採取適當的步驟予以糾正。如締約另一方未能在合理時間內，且無論何種情況在十五（15）天內或可能同意的更長時期內採取適當行動，將有理由實施本協定第四條的規定。
(一) 如果締約雙方就本協定的解釋或適用發生任何爭議， 締約雙方首先應設法通過談判直接解決。
|澳門特別行政區政府代表||政 府 代 表|
The Government of the Macao Special Administrative Region of the People's Republic of China (“the Macao Special Administrative Region”) and the Government of the Republic of Maldives, the former having being duly authorized to conclude this Agreement by the Central People's Government of the People's Republic of China (hereinafter referred to as the “Contracting Parties”)
Desiring to conclude an Agreement for the purpose of establishing air services between and beyond their respective areas;
Have agreed as follows:
For the purpose of this Agreement, unless the context otherwise requires:
(a) the term “Chicago Convention” means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944 and includes: (i) any amendment thereto which has entered into force under Article 94(a) thereof and is applicable to both Contracting Parties; and (ii) any Annex or any amendment thereto adopted under Article 90 of that Convention, insofar as such amendment or annex is at any given time effective for both Contracting Parties;
(b) the term “aeronautical authorities” means in the case of the Republic of Maldives, the Ministry of Tourism and Civil Aviation, and in the case of the Macao Special Administrative Region, the Civil Aviation Authority, or in both cases, any person or body authorized to perform any functions at present exercised by the above-mentioned authorities or similar functions;
(c) the term “designated airline” means an airline which has been designated and authorized in accordance with Article 3 of this Agreement;
(d) the term “area” in relation to the Republic of Maldives has the meaning assigned to “territory” in Article 2 of the Chicago Convention and in relation to the Macao Special Administrative Region includes the Macao Peninsula and the Taipa and Coloane Islands;
(e) the terms “air service”, “international air service”, “airline” and “stop for non-traffic purposes” have the meanings respectively assigned to them in Article 96 of the Chicago Convention;
(f) 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 service, but excluding remuneration and conditions for the carriage of mail;
(g) the term “this Agreement” includes the Annex hereto and any amendments to it or to this Agreement;
(h) the term “user charges” means a charge made to airlines by the competent authorities or permitted by them to be made for the provision of airport property or facilities or of air navigation facilities, including related services and facilities for aircraft, their crews, passengers and cargo.
(1) Each Contracting Party grants to the other Contracting Party the following rights in respect of its international air services:
(a) the right to fly across its area without landing;
(b) the right to make stops in its area for non-traffic purposes.
(2) Each Contracting Party grants to the other Contracting Party the rights hereinafter specified in this Agreement for the purpose of operating international air services on the routes specified in the appropriate Section of the Schedule annexed to this Agreement. Such services and routes are hereinafter called “the agreed services” and “the specified routes” respectively. While operating an agreed service on a specified route the airlines designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph (1) of this Article the right to make stops in the area of the other Contracting Party at the points specified for that route in the Schedule to this Agreement for the purpose of taking on board and discharging passengers and cargo, including mail.
(3) Nothing in paragraph (2) of this Article shall be deemed to confer on the designated airlines of one Contracting Party the right to take on board, in the area of the other Contracting Party, passengers and cargo, including mail, carried for hire or reward and destined for another point in the area of the other Contracting Party.
(4) If because of armed conflict, political disturbances or developments, or special and unusual circumstances, a designated airline of one Contracting Party is unable to operate a service on its normal routeing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangements of routes.
(1) Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more airlines for the purpose of operating the agreed services on the specified routes and to withdraw or alter such designations.
(2) On receipt of such a designation the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline or airlines designated the appropriate operating authorizations.
(3) The aeronautical authorities of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Chicago Convention.
(4) Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in paragraph (2) of Article 2 of this Agreement, in any case where the said Contracting Party is not satisfied that the airline:
a) is incorporated and has its principal place of business in the area of the Contracting Party which has designated the airline; and
b) holds a current Air Operator's Certificate issued by the aeronautical authority of the Contracting Party which has designated the airline.
(5) When an airline has been so designated and authorized it may begin to operate the agreed services, provided that the airline complies with the applicable provisions of this Agreement.
(1) Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in paragraph (2) of Article 2 of this Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of those rights:
a) in any case where it is not satisfied that the airline is incorporated and has its principal place of business in the area of the Contracting Party which has designated the airline; and holds a current Air Operator's Certificate issued by the aeronautical authority of that Contracting Party; or
b) in the case of failure by that airline to comply with the laws or regulations normally and reasonably applied by the Contracting Party granting these rights; or
c) if the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
(2) Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph (1) of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.
(1) The laws, regulations and administrative requirements and procedures of one Contracting Party relating to the admission to, the stay in or departure from its area of aircraft engaged in international air services or to the operation and navigation of such aircraft while within its area, shall be complied with by such aircraft upon entrance into and departure from and while within the area of the first Contracting Party.
(2) The laws, regulations and administrative requirements and procedures of one Contracting Party relating to the admission to, the stay in or the departure from its area of passengers, crew, cargo and mail, including regulations relating to entry, clearance, immigration, passport, customs and quarantine, shall be applied to such passengers, crew, cargo and mail of the airlines of the other Contracting Party upon entrance into or departure from and while within the area of the first Contracting Party.
(3) Passengers, baggage, cargo and mail in direct transit across the area of either Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect to security measures and for special circumstances, be subject to no more than a simplified control.
(4) Neither Contracting Party shall give preference to its own or any other airline over the designated airline of the other Contracting Party in the application of laws, regulations and administrative requirements and procedures referred to in this Article or in the use of airports, airways, air traffic services and associated facilities under its control.
(1) There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective areas.
(2) In operating the agreed services the designated airlines of each Contracting Party shall take into account the interests of the designated airlines of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or part of the same routes.
(3) The agreed services provided by the designated airlines of the Contracting Parties shall bear a close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision at a reasonable load factor of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers and/or cargo, including mail, coming from or destined for the area of the Contracting Party which has designated the airline. Provision for the carriage of passengers and cargo, including mail, both taken on board and discharged at points on the specified routes in areas other than points in the area of the Contracting Party designating the airline shall be made in accordance with the general principles that capacity shall be related to:
(a) traffic requirements to and from the area of the Contracting Party which has designated the airline;
(b) traffic requirements of the region through which the agreed service passes, after taking account of other transport services established by airlines of the States comprising the region; and
(c) the requirements of through airline operation.
(1) The tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the area of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit, the characteristics of each service, the interests of the consumers and tariffs of other airlines.
(2) The tariffs referred to in paragraph (1) of this Article, shall, if possible be established by mutual agreement by the designated airline(s) of both Contracting Parties, and if applicable after consultation with the other airlines operating over the whole or part of the same route. Such agreement shall, wherever possible, be reached through the rate-fixing machinery of the International Air Transport Association for the working out of tariffs.
(3) The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least 45 (forty-five) days before the proposed date of their introduction. In special cases this period may be reduced, subject to the mutual agreement of the said authorities.
(4) Approval of tariffs may be given expressly by the aeronautical authorities of either Contracting Party to the airline filing the tariffs. However, if neither of the aeronautical authorities of the Contracting Parties gives the aeronautical authorities of the other Contracting Party notice of their disapproval within 30 (thirty) days from the date of submission in accordance with the preceding paragraph of this Article, of the tariff agreed in accordance with paragraph (2) these tariffs shall be considered approved. In the event of the period for submission being reduced as provided for in paragraph (3), the aeronautical authorities may agree that the period within which any approval must be notified shall be less than 30 (thirty) days.
(5) If a tariff cannot be agreed in accordance with paragraph (2) or if for the period applicable in accordance with paragraph (3), or during the period applicable in accordance with paragraph (4) of this Article, one of the aeronautical authorities gives notice of its disapproval of any tariff agreed upon in accordance with the provisions of paragraph (2), the aeronautical authorities of the two Contracting Parties shall endeavour to determine the tariff by mutual agreement.
(6) If the aeronautical authorities cannot agree on the determination of any tariff as specified in paragraph (5) of this Article, the dispute shall be settled in accordance with the provisions of Article 18 of this Agreement.
(7) A tariff already established in accordance with the provisions of this Article shall remain in force until a new tariff has been established. Nevertheless the use of an existing tariff shall not be prolonged by virtue of this paragraph for more than 12 (twelve) months after the date on which it otherwise would have expired.
(1) Certificates of Airworthiness, certificates of competency and licences issued or rendered valid by either Contracting Party shall, during the period of their validity, be recognized as valid by the other Contracting Party, provided that the requirements under which such certificates or licences were issued or rendered valid are at least equal to the minimum standards which may be established pursuant to the Chicago Convention.
(2) Each Contracting Party reserves the right, however, not to recognize as valid, for the purpose of flights over its own area, certificates of competency and licences granted to its own nationals in the case of the Republic of Maldives and to its own residents in the case of the Macao Special Administrative Region or rendered valid for them by the other Contracting Party.
(1) Aircraft operated in international air services by the designated airline or airlines of either Contracting Party shall be relieved from all customs duties, excise taxes and similar fees, as shall:
(a) the following items introduced by a designated airline of one Contracting Party into the area of the other Contracting Party:
(i) repair, maintenance and servicing equipment and component parts;
(ii) security equipment including component parts for incorporation into security equipment;
(iii) instructional material and training aids;
(iv) computer equipment and component parts;
(v) airline and operators' documents; and
(b) the following items introduced by a designated airline of one Contracting Party into the area of the other Contracting Party or supplied to a designated airline of one Contracting Party in the area 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 on board in the area of the other Contracting Party;
(ii) fuel, lubricants and consumable technical supplies;
(iii) spare parts including engines;
provided in each case that they are for use on board an aircraft or within the limits of an international airport in connection with the establishment or maintenance of an international air service by the designated airline concerned.
(2) The relief from customs duties, excise taxes and similar fees shall not extend to charges based on the cost of services provided to the designated airline(s) of a Contracting Party in the area 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) The reliefs provided for by this Article shall also be available in situations where the designated airline or airlines of one Contracting Party have entered into arrangements with another airline or airlines for the loan or transfer in the area of the other Contracting Party of the items specified in paragraph (1) of this Article, provided such other airline or airlines similarly enjoy such reliefs from such other Contracting Party.
(1) The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm that their obligations to each other to provide for the security of civil aviation against acts of unlawful interference (and in particular their obligations under the Chicago Convention, 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 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971) form an integral part of this Agreement.
(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, the Recommended Practices established by the International Civil Aviation Organisation and designated as Annexes to the Chicago Convention; and shall require that operators of aircraft of their registry, operators of aircraft who have their principal place of business or permanent residence in their area, and the operators of airports in their area, act in conformity with such aviation security provisions. In this paragraph the reference to aviation security Standards includes any difference notified by the Contracting Party concerned.
(4) Each Contracting Party shall ensure that effective measures are taken within its area 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 increases in the threat. Each Contracting Party agrees that its airlines may be required to observe the aviation security provisions referred to in paragraph (3) required by the other Contracting Party, for entrance into, departure from, or while within, the area 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.
(1) Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in areas relating to aeronautical facilities, aircrews, aircraft and their operation. Such consultations shall take place within 30 (thirty) 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 to the minimum standards established at that time pursuant to the Chicago Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within a reasonable time, and in any case within 15 (fifteen) days or such longer period as may be agreed, shall be grounds for the application of Article 4 of this Agreement.
(3) Notwithstanding the obligations mentioned in Article 33 of the Chicago Convention, it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to or from the area of the other Contracting Party may, while within the area of the other Contracting Party, be made the subject of an examination by the authorities representative of the other Contracting Party on board and around the aircraft to check both the validity of the aircraft documents and those of the 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 such ramp inspection or series of ramp inspections give 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 Chicago 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 Chicago Convention;
the Contracting Party carrying out the inspection shall, for the purpose of Article 33 of the Chicago Convention, be free to conclude that the requirements under which certificates or licences in respect of that aircraft or in respect of the operator or crew of that aircraft had been issued or rendered valid are not equal to or above the minimum standards established at that time pursuant to the Chicago 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) above is denied, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph (4) above 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 or airlines 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, consultation or other form of dialogue, that immediate action is essential to the safety of an airline or airlines operation.
(7) Any action by one Contracting Party in accordance with paragraph (2) or (6) above shall be discontinued once the basis for the taking of that action ceases to exist.
(1) The designated airline of each Contracting Party shall submit to the aeronautical authorities of the other Contracting Party for approval, 30 (thirty) days in advance, the timetable of its intended services, specifying the frequency, type of aircraft, configuration and number of seats to be made available to the public.
(2) Any subsequent changes to the approved timetables of a designated airline shall be submitted for approval to the aeronautical authorities of the other Contracting Party.
(3) If a designated airline wishes to operate flights supplementary to those covered in the approved timetables, it shall obtain the prior permission of the aeronautical authorities of the Contracting Party concerned.
The aeronautical authorities of a Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request such periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services by the designated airlines of the Contracting Party referred to first in this Article. Such statements shall include all information required to determine the amount of traffic carried by those airlines on the agreed services and the origins and destinations of such traffic.
(1) The designated airlines of each Contracting Party shall have the right, in accordance with the foreign exchange laws and regulations of the other Contracting Party, to convert and remit to its area, revenues earned by it in excess of sums locally disbursed. Each Contracting Party shall facilitate such conversions and remittance. Conversions and remittance shall be at the rate of exchange applicable to current transactions which is in effect at the time such revenues are presented for conversion and remittance and shall not be subject to any charges except those normally made by banks for carrying out such conversions and remittance.
(2) Where the payments systems between the Contracting Parties is governed by a special agreement, such special agreement shall apply.
(1) The designated airline or airlines of one Contracting Party shall be entitled, in accordance with the laws and regulations relating to entry, residence and employment of the other Contracting Party, to bring in and maintain in the area of the other Contracting Party those of their own managerial, technical, operational and other specialist staff who are required for the provision of air services.
(2) The designated airlines of each Contracting Party shall have the right to engage in the sale of air transportation in the area of the other Contracting Party, through agent or agents appointed by the designated airline. The designated airlines of each Contracting Party shall have the right to sell, and any person shall be free to purchase, such transportation in local currency or in any freely convertible other currency.
(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 consultation on user charges between its competent charging authorities and airlines using the services and facilities provided by those charging authorities, where practicable through those airlines' representative organisations. 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 authorities and such users to exchange appropriate information concerning user charges.
Either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement. Such consultations, which may be between aeronautical authorities, shall begin within a period of 60 (sixty) days from the date the other Contracting Party receives a written request, unless otherwise agreed by the Contracting Parties.
(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 try to settle it by negotiation.
(2) If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party, shall be submitted for decision to a tribunal of three arbitrators which shall be constituted in the following manner:
(a) within 30 (thirty) days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the tribunal, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 (sixty) days of the appointment of the second;
(b) if within the time limits specified above any appointment has not been made, either Contracting Party may request the President of the Council of the International Civil Aviation Oganisation to make the necessary appointment within 30 (thirty) days. If the President is a national of a State which cannot be regarded as neutral in relation to the dispute, the most senior Vice-President who is not disqualified on that ground shall make the appointment.
(3) Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the tribunal, or at the request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 30 (thirty) days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 (forty-five) days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within 30 (thirty) days after replies are due.
(5) The tribunal shall attempt to give a written decision within 30 (thirty) days after completion of the hearing or, if no hearing is held, 30 (thirty) days after the date both replies are submitted. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within 15 (fifteen) days after it is received and such clarification shall be issued within 15 (fifteen) days of such request.
(7) The decision of the tribunal shall be binding on the Contracting Parties.
(8) Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or Vice-President of the Council of the International Civil Aviation Organisation in implementing the procedures in paragraph (2)(b) of this Article.
(1) Any amendments of this Agreement agreed by the Contracting Parties shall come into effect when confirmed by an exchange of correspondence through the appropriate channels.
(2) Amendments to the Annex of this Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties. Such amendments shall be applied provisionally from the date they have been agreed upon by the said authorities and enter into force when confirmed by an exchange of correspondence through the appropriate channels.
(3) This Agreement shall be deemed to have been amended by those provisions of any international convention or agreement which may become binding on both Contracting Parties.
This Agreement and any amendment in accordance with Article 19 shall be registered with the International Civil Aviation Organization.
Either Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organisation. This Agreement shall terminate 12 (twelve) months after the date of receipt of the notice by the other Contracting Party, unless the notice is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received 14 (fourteen) days after receipt of the notice by the International Civil Aviation Organisation.
Each Contracting Party shall notify the other Contracting Party in writing through the appropriate channels of the completion of their respective requirements for entry into force of this Agreement. This Agreement shall enter into force one month from the date on which both Contracting Parties have notified each other that the legal procedures for entry into force of this Agreement have been fulfilled.
In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done in duplicate at Male this 16th day of January 2006 in the Chinese, Portuguese and English languages, all texts being equally authoritative.
|For the Government of the
Macao Special Administrative Region
of the People's Republic of China
|For the Government of the
Republic of Maldives
|Ao Man Long
Secretary for Transport and
Minister of Tourism and
1. Routes to be operated in both directions by the designated airline or airlines of the Republic of Maldives:
|Point of Origin||Intermediate
|Points in the
|Maldives||Any Points||Macao||Any Points|
2. Routes to be operated in both directions by the designated airline or airlines of the Macao Special Administrative Region:
|Point of Origin||Intermediate
|Macao||Any Points||Maldives||Any Points|
i. The designated airline of each Contracting Party may omit any one or more intermediate points on any or all flights provided that the agreed services on the route begin at a point in the area of the Contracting Party designating the airline.
ii. The effective operations, frequencies and the exercise of traffic rights granted to the designated airline of both Contracting Parties shall be agreed upon between the aeronautical authorities of the two Contracting Parties.
iii. No points in inland of China, Taiwan and Hong Kong may be served either as intermediate points or beyond points.
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