We, Haitham bin Tarik, the Sultan of Oman
after perusal of the Basic Statute of the State,
and the Air Services Agreement between the Government of the Sultanate of Oman and the Government of Georgia signed in Riyadh on 4 December 2023,
and in pursuance of public interest,
have decreed as follows
Article I
The aforementioned agreement is hereby ratified in the form attached.
Article II
This decree must be published in the Official Gazette, and comes into force on the date of its issuance.
Issued on: 26 Rabi Al-Awwal 1446
Corresponding to: 30 September 2024
Haitham bin Tarik
Sultan of Oman
Published in Official Gazette 1565 issued on 6 October 2024.
AIR SERVICES AGREEMENT
BETWEEN THE GOVERNMENT OF THE SULTANATE OF OMAN
AND
THE GOVERNMENT OF GEORGIA
AIR SERVICES AGREEMENT
BETWEEN THE GOVERNMENT OF THE SULTANATE OF OMAN
AND
THE GOVERNMENT OF GEORGIA
The Government of The Sultanate of Oman and the Government of Georgia (Hereinafter referred to as the “Contracting Parties”);
Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944;
Desiring to conclude an Agreement in conformity with and supplementary to the said Convention, for the purpose of establishing and operating Air Services between and beyond their respective state territories;
Acknowledging the importance of air transportation as a means of creating and fostering friendship, understanding and co-operation between the people of the two countries;
Desiring to facilitate the expansion of international air transport opportunities;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
DEFINITIONS
1. For the purpose of this Agreement, unless the context otherwise requires:
a) “Aeronautical Authority” means in the case of The Sultanate of Oman Civil Aviation Authority; and in the case of Georgia, the Ministry of Economy and Sustainable Development of Georgia and/or Civil Aviation Agency; or in either case any person or body authorized to perform any function currently exercised by the said Authorities and to which this Agreement relates;
b) “Agreed Services” means scheduled International Air Services between and beyond the respective State territories of Georgia and the Sultanate of Oman for the transportation of passengers, baggage, cargo and mail, separately or in any combination;
c) “Agreement” means this Agreement, the Annexes hereto, and any amendments to this Agreement or its Annexes, that shall form an integral part thereof;
e) “Air Service“, “Airline“, “International Air Service” and “stop for non traffic purposes” have the meanings respectively assigned to them in Article 96 of the Convention;
f) “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 those Annexes and amendments have become effective for or been ratified by both Contracting Parties.
g) “Designated Airlines” means an airline or airlines that have been designated and authorized in accordance with Article 3 of this Agreement;
h) “Intermodal Air Transportation” means the public carriage by aircraft and by one or more surface modes of transport of passengers, baggage, cargo and mail, separately or in combination, for remuneration or hire;
i) “Marketing Carrier” means an airline that offers air transportation on an aircraft operated by another airline, through code-sharing;
j) “Operating Carrier” means an airline that operates an aircraft in order to provide air transportation – it may own or lease the aircraft;
k) “Tariffs” means the prices to be charged for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, but excluding remuneration and conditions for carriage of mail;
l) “Territory” in relation to a State has the meaning assigned to it in Article 2 of the Convention;
m) “User Charges” means charges made to airlines by the competent Authorities or permitted by them to be made for the provision of airport facilities, property and/or of air navigation facilities, including related services and facilities for aircraft, their crews, passengers, baggage and cargo;
2. The “Annex” to this Agreement is considered an integral part thereof.
ARTICLE 2
GRANT OF RIGHTS
1. Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement to enable its Designated Airlines to establish and operate the Agreed Services.
2. The Designated Airlines of each Contracting Party shall enjoy the following rights:
a) to fly across the State Territory of the other Contracting Party without landing;
b) to make stops in the State Territory of the other Contracting Party for non-traffic purposes; and
c) to make stops in the State Territory of the other Contracting Party, for the purpose of taking on and/or discharging international traffic in passengers, baggage, cargo and mail, separately or in any combination, while operating the Agreed Services.
3. Additionally, the airline(s) of each Contracting Party, other than those designated under Article 3, shall also enjoy the rights specified in paragraph 2(a) and 2(b) of this Article.
4. Nothing in this Article shall be deemed to confer on any Designated Airlines of either Contracting Party the privilege of taking on, in the State Territory of the other Contracting Party, passengers, baggage, Cargo and mail carried for remuneration or hire and destined for another point within the State Territory of that other Contracting Party, except as may from time to time be jointly determined by the Aeronautical Authorities of the Contracting Parties.
5. 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 routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangement of routes as is mutually decided by the Contracting Parties.
ARTICLE 3
DESIGNATION AND AUTHORIZATION
1. The Aeronautical Authority of each Contracting Party shall have the right to designate one or more airlines for the purpose of operating the Agreed Services and to withdraw or alter the designation of any such airline or to substitute another airline for one previously designated. Such designation may specify the scope of the authorization granted to each airline in relation to the operation of the Agreed Services. Designations and any changes thereto shall be made in writing by the Aeronautical Authority of the Contracting Party having designated the airline to the Aeronautical Authority of the other Contracting Party.
2. On receipt of a notice of designation, substitution or alteration thereto, and on application from the Designated Airline in the form and manner prescribed, the other Contracting Party shall, subject to the provisions of paragraphs (3) and (4) of this Article, without delay grant to the airline(s) designated the appropriate operating authorizations.
3. The Aeronautical Authority of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the conditions prescribed under the national legislation normally and reasonably applied to the operation of International Air Services by such authority in conformity with the provisions of the 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 of the rights specified in Article 2 of the present Agreement, whenever the said Contracting Party has no proof that the airlines have their principal place of business in the State Territory of the Contracting Party designating them and that they hold current Air Operator’s Certificates issued by the said Contracting Party.
5. When an airline has been so designated and authorized, it may begin at any time to operate the Agreed Services, provided that the airline complies with the provisions of this Agreement, as well as with the national requirements concerning operating permits if applicable.
ARTICLE 4
REVOCATION, SUSPENSION AND LIMITATION OF OPERATING AUTHORIZATION
1. The Aeronautical Authority of each Contracting Party shall, with respect to an airline designated by the other Contracting Party, have the right to revoke an operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement, or to impose conditions, temporarily or permanently, as it may deem necessary on the exercise of those rights:
a) in the case of failure by that airline to comply with the national legislation normally and reasonably applied by the Aeronautical Authority of the Contracting Party granting those rights in conformity with the Convention; or
b) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement; or
c) it has no proof that the said airlines have their principal place of business in the State Territory of the Contracting Party designating them and hold current Air Operator’s Certificates issued by the said Contracting Party;
d) in accordance with paragraph (6) of Article 10 of this Agreement;
e) in the case of failure by the other Contracting Party to take appropriate action to improve safety in accordance with paragraph (2) of Article 10 of this Agreement; or
f) in any case where the other Contracting Party fails to comply with any decision or stipulation arising from the application of Article 20 of 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 Aeronautical Authority of the other Contracting Party, as provided for in Article 19.
3. Actions taken by one Contracting Party prescribed in the present Article, shall not restrict rights of another Contracting Party granted under Article 20.
ARTICLE 5
PRINCIPLES GOVERNING OPERATION OF AGREED SERVICES
1. Each Contracting Party shall reciprocally allow the Designated Airlines of both Contracting Parties to compete freely in providing the international air transportation governed by this Agreement.
2. Each Contracting Party shall take all appropriate action within its jurisdiction to eliminate all forms of discrimination and anti-competitive or predatory practices in the exercise of the rights set out in this Agreement.
3. There shall be no restriction on the capacity and the number of frequencies and/or type(s) of aircraft to be operated by the Designated Airlines of both Contracting Parties in any type of service (passenger, cargo, separately or in combination). Each Designated Airline is permitted to determine the frequency and capacity it offers on the Agreed Services.
4. Neither Contracting Party shall unilaterally limit the volume of traffic, frequencies, regularity of service or the aircraft type(s) operated by the Designated Airlines of the other Contracting Party, except as may be required for customs, technical, operational or environmental requirements under uniform conditions consistent with Article 15 of the Convention.
5. Neither Contracting Party shall impose on the Designated Airlines of the other Contracting Party, a first refusal requirement, uplift ratio, no objection fee or any other requirement with respect to capacity, frequencies or traffic which would be inconsistent with the purposes of this Agreement.
ARTICLE 6
CUSTOMS DUTIES AND OTHER CHARGES
1. Each Contracting Party exempts the Designated Airline or Airlines of the other Contracting Party from import restrictions, custom duties, direct or indirect taxes and all other national and/or local duties and charges on aircraft as well as their regular equipment, fuel, lubricants, consumable technical supplies, spare parts including engines, aircraft stores including but not limited to such items as food, beverages, liquor, tobacco and other products for sale to or use by passengers during flight and other items intended for or used solely in connection with the operation or servicing of aircraft used by such Designated Airline operating the Agreed Services, as well as reservation equipment, printed ticket stock, airway bills, staff uniforms, ground and communications equipment for use at the airport and publicity materials, which do not have commercial value.
2. The exemptions granted by this Article shall apply to the items referred to in paragraph (1) of this Article which are:
a) introduced into the State Territory of one Contracting Party by or on behalf of a Designated Airline of the other Contracting Party;
b) retained on board the aircraft of a Designated Airline of one Contracting Party upon arriving in and until leaving the State Territory of the other Contracting Party and/or consumed during flight over that Territory;
c) taken on board the aircraft of a Designated Airline of one Contracting Party in the State Territory of the other Contracting Party and intended for use in operating the Agreed Services; whether or not such items are used or consumed wholly or partly within the State Territory of the Contracting Party granting the exemption, provided such items are not alienated in the State Territory of the said Contracting Party.
3. The regular airborne equipment, as well as the materials, supplies and stores normally retained on board the aircraft used by the Designated Airline of either Contracting Party may be unloaded in the State Territory of the other Contracting Party only with the approval of the customs authorities of that other Contracting Party. In such case, such equipment and items shall enjoy the exemptions provided for by paragraph (1) of this Article provided that they may be required to be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
4. The exemptions provided for by this Article shall also be available in situations where the Designated Airlines of either Contracting Party have entered into arrangements with another airline(s), for the loan or transfer in the State Territory of the other Contracting Party, of the regular equipment and the other items referred to in paragraph (1) of this Article, provided that that other airline enjoys the same exemption(s) from that other Contracting Party.
ARTICLE 7
APPLICATION OF NATIONAL LEGISLATION
1. National legislation of one Contracting Party relating to the admission to, sojourn in, or departure from its State Territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its State Territory, shall be applied to aircraft operated by the airline(s) of the other Contracting Party without distinction as to nationality as they are applied to its own, and shall be complied with by such aircraft upon entry into, departure from and while within the Territory of that Contracting Party.
2. The laws, regulations and procedures of one Contracting Party as to the admission to, sojourn in, or departure from its State Territory of passengers, baggage, crew and cargo, transported on board the aircraft, such as regulations relating to entry, custom clearance of production, aviation security, immigration, passports, customs, currency, health, quarantine and sanitary measures or in the case of mail, postal national legislation shall be complied with by or on behalf of such passengers, baggage, crew and cargo upon entry into, departure from and while within the State Territory of the first Contracting Party.
3. Neither Contracting Party may grant any preference to its own or any other airline(s) over the Designated Airline(s) of the other Contracting Party in the application of the national legislation provided for in this Article.
4. Passengers, baggage and cargo in direct transit across the State Territory of either Contracting Party and not leaving areas of the airport reserved for such purpose shall, except in respect of security measures against violence, air piracy, narcotics control be subject to no more than a simplified control. Such baggage and cargo shall be exempt from taxes, including import duties and other similar national and/or local fees and charges.
ARTICLE 8
CODE SHARING
1. The Designated Airline(s) of both Contracting Parties may, either as a Marketing Carrier or as an Operating Carrier, freely enter into cooperative marketing arrangements including but not limited to blocked space and/or code share arrangements (including third country code share arrangements), with any other airline or airlines.
2. Before providing code sharing services, the code sharing partners shall agree as to which party shall be responsible in respect of the liability and on consumer related matters, security, safety and facilitation. The agreement setting out these terms shall be filed with both Aeronautical Authorities before implementation of the code share arrangements.
3. Such arrangements shall be accepted by the Aeronautical Authorities concerned, provided that all airlines in these arrangements have the underlying traffic rights and/or authorizations.
4. In the event of a code share arrangement, the marketing airline should, in respect of every ticket sold, ensure that it is made clear to the purchaser at the point of sale which airline will actually operate each sector of the service and with which airline or airlines the purchaser is entering into a contractual relationship.
5. The Designated Airline(s) of each Contracting Party may also offer code share services between any point(s) in the State Territory of the other Contacting Party, provided that such services are operated by an airline or airlines of the other Contracting Party.
ARTICLE 9
CERTIFICATES OF AIRWORTHINESS AND COMPETENCY
1. 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 the Agreed Services provided always that such certificates or licenses were issued, or rendered valid, pursuant to and in conformity with the minimum standards established under the Convention.
2. Each Contracting Party, reserves the right, however, to refuse to recognize, for flights above its own State Territory, certificates of competency and licenses granted to its own nationals by the other Contracting Party.
3. If the privileges or conditions of the licenses or certificates issued or rendered valid by one Contracting Party permit a difference from the standards established under the Convention, whether or not such difference has been filed with the International Civil Aviation Organization, the Aeronautical Authority of the other Contracting Party may, without prejudice to the rights of the first Contracting Party under Article 10 (2), request consultations with the Aeronautical Authority of the other Contracting Party in accordance with Article 19, with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach satisfactory agreement shall constitute grounds for the application of Article 4 (1) of this Agreement.
ARTICLE 10
FLIGHT SAFETY
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 4 (1) of this Agreement.
3. It is agreed that any aircraft operated by an airline of one Contracting Party on services to or from the State Territory of the other Contracting Party may, while within the State 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 such 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 an airline of one Contracting Party in accordance with paragraph (3) of this Article is denied by a representative of that airline, 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 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 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 taking that action ceases to exist.
ARTICLE 11
AVIATION SECURITY
1. Consistent with their rights and obligations under the norms of international law, the Contracting 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.
2. 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 Purpose of Detection, signed at Montreal on 1 March 1991 and any other agreement governing civil aviation security binding upon both Contracting Parties.
3. 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 relevant threat to the security of civil aviation.
4. The Contracting 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 to the extent that such security provisions are applicable to the Contracting Parties.
5. In addition, the Contracting Parties shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their State Territory and the operators of airports in their Territory act in conformity with such aviation security provisions as are applicable to the Contracting Parties.
6. Each Contracting Party agrees that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above applied by the other Contracting Party for entry into, departure from, or while within the State Territory of that other Contracting Party.
7. Each Contracting Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and carry on items and to carry out appropriate security checks on baggage, cargo and aircraft stores prior to boarding or loading. Each Contracting Party also agrees to give positive consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
8. 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 and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threat.
9. Each Contracting Party shall take such measures as it may find practicable to ensure that an aircraft of the other Contracting Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its State Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew.
10. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the Aeronautical Authority of the first Contracting Party may request immediate consultations with the Aeronautical Authority of the other Contracting Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds for the application of paragraph (1) of Article 4 of this Agreement. When required by an emergency, a Contracting Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. 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.
ARTICLE 12
USER CHARGES
1. Each Contracting Party shall use its best efforts to ensure that the User Charges imposed or permitted to be imposed by its competent charging bodies on the Designated Airlines of the other Contracting Party for the use of airports and other aviation facilities are just and reasonable. These charges shall be based on sound economic principles and shall not be higher than those paid by other airlines for such services.
2. Neither Contracting Party shall give preference, with respect to User Charges, to its own or to any other airline(s) engaged in similar International Air Services and shall not impose or permit to be imposed, on the Designated Airline(s) of the other Contracting Party User Charges higher than those imposed on its own Designated Airline(s) operating similar International Air Services using similar aircraft and associated facilities and services.
3. Each Contracting Party shall encourage consultations between its competent charging bodies and the Designated Airlines using the services and facilities. Reasonable notice shall be given whenever possible to such users of any proposal for changes in User Charges together with relevant supporting information and data, to enable them to express their views before the charges are revised.
ARTICLE 13
COMMERCIAL ACTIVITIES
1. The Designated Airlines of each Contracting Party shall have the right to establish in the State Territory of the other Contracting Party offices for the purpose of promotion of air transportation and sale of transport documents as well as for other ancillary products and facilities required for the provision of air transportation.
2. The Designated Airlines of each Contracting Party shall be entitled, to bring into and maintain in the State Territory of the other Contracting Party those of their own managerial, commercial, operational, sales, technical and other personnel and representatives as it may require in connection with the provision of air transportation.
3. Such representatives and staff requirements mentioned in paragraph 2 of this Article may, at the option of the Designated Airline, be satisfied by its own personnel of any nationality or by using the services of any other airline, organization or company operating in the State Territory of the other Contracting Party and authorized to perform such services in the Territory of such other Contracting Party.
4. The Designated Airlines of each Contracting Party shall, either directly or, at their discretion, through agents, have the right to engage in the sale of air transportation and its ancillary products and facilities in the State Territory of the other Contracting Party. For this purpose, the Designated Airlines shall have the right to use its own transportation documents. The Designated Airline of each Contracting Party shall have the right to sell, and any person shall be free to purchase, such transportation and its ancillary products and facilities in local currency or in any other freely convertible currency, in accordance with the legislation of the Contracting Parties.
5. The Designated Airlines of one Contracting Party shall have the right to pay for local expenses in the State Territory of the other Contracting Party in local currency or provided that this is in accordance with local currency regulations, in any freely convertible currencies, in accordance with the legislation of the Contracting Parties.
6. Each Contracting Party shall apply the Code of Conduct formulated by the International Civil Aviation Organization for the regulation and operation of Computer Reservation Systems within its Territory, consistent with other applicable regulations and obligations concerning Computer Reservation Systems.
7. The Designated Airlines shall have the right to perform its own ground handling with respect to passenger check-in operations in the State Territory of the other Contracting Party. This right does not include airside ground handling services and will only be subject to constraints resulting from requirements of airport safety, security and airport infrastructure. Where safety and security considerations preclude the exercise of the right mentioned in this paragraph, such ground handling services shall be made available without preference or discrimination to any airline engaged in similar international air services.
8. On the basis of reciprocity and in addition to the right granted by paragraph (7) of this Article, each Designated Airline of one Contracting Party shall have the right to select in the State Territory of the other Contracting Party, any agent from competing handling agents authorized by the competent authorities of that other Contracting Party, for the provision, in whole or in part, of handling services.
9. The Designated Airlines of one Contracting Party may also be permitted to provide ground handling services envisaged by paragraph (7) of this Article, in whole or in part, for other airlines serving the same airport in the State Territory of the other Contracting Party.
10. All the above activities shall be carried out in accordance with the applicable national legislation in force in the State Territory of the other Contracting Party.
ARTICLE 14
INTERMODAL SERVICES
The Designated Airlines of each Contracting Party shall be permitted to employ, in connection with international air transport, any surface transport to or from any points in the territories of the Contracting Parties or third countries. Airlines may elect to perform their own surface transport or to provide it through arrangements, including code share, with other surface carriers. Such intermodal services may be offered as a through service and at a single price for the air and surface transport combined, provided that passengers and shippers are informed as to the providers of the transport involved.
ARTICLE 15
TRANSFER OF FUNDS
1. Each Contracting Party grants to the Designated Airlines of the other Contracting Party the right to transfer freely the excess of receipts over expenditure earned by such airlines in its Territory in connection with the sale of air transportation, sale of other ancillary products and services as well as commercial interest earned on such revenues (including interest earned on deposits awaiting transfer). Such transfers shall be effected in any convertible currency, in accordance with the foreign exchange regulations of the Contracting Party in the Territory of which the revenue accrued. Such transfer shall be effected on the basis of official exchange rates or where there is no official exchange rate, such transfers shall be effected on the basis of the prevailing foreign exchange market rates for current payments.
2. Notwithstanding paragraph 1 of this Article, a Contracting Party may delay transfer of funds on the basis of fair, no discriminative and conscientious usage of its legislation and legislative acts, in order to ensure payment of duties and taxes for such period when the appropriate request of air carrier was applied concerning a transfer, provided that such measures and implementation do no cause unreasonable restriction of transfers mentioned in this Agreement.
3. If a Contracting Party imposes restrictions on the transfer of excess of receipts over expenditure by the Designated Airlines of the other Contracting Party, the latter shall have a right to impose reciprocal restrictions on the Designated Airlines of the first Contracting Party.
4. In the event that there exists, a special agreement between the Contracting Parties for the avoidance of double taxation, or in the case where there is a special agreement ruling the transfer of funds between the two Contracting Parties, such agreement shall prevail.
ARTICLE 16
APPROVAL OF TIMETABLES
1. The Designated Airlines of each Contracting Party shall submit for approval to the Aeronautical Authority of the other Contracting Party thirty (30) days (and might be reduced in operation matters) prior to starting its operation, the timetable of intended services, specifying the frequency, the type of aircraft, and period of validity. This requirement shall likewise apply to any modification thereof.
2. If a Designated Airline wishes to operate ad-hoc flights supplementary to those covered in the approved timetables, it shall obtain prior permission of the Aeronautical Authority of the Contracting Party concerned, who shall give positive and favorable consideration to such request.
ARTICLE 17
TARIFFS
1. Each Contracting Party shall allow Tariffs to be established by each Designated Airline based upon its commercial considerations in the market place. Neither Contracting Party shall require the Designated Airlines to consult other airlines about the tariffs they charge or propose to charge.
2. Each Contracting Party may require prior filing with its Aeronautical Authorities, of prices to be charged to or from its State Territory by Designated Airlines of both Contracting Parties. Such filing by or on behalf of the Designated Airlines may be required by no more than thirty (30) days before the proposed date of effectiveness. In individual cases, filing may be permitted on shorter notice than normally required. If a Contracting Party permits an airline to file a price on short notice, the price shall become effective on the proposed date for traffic originating in the State Territory of that Contracting Party.
3. Except as otherwise provided in this Article, neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a price proposed to be charged or charged by a Designated Airline of either Contracting Party for international air transportation.
4. Intervention by the Contracting Parties shall be limited to:
a) Prevention of Tariffs whose application constitutes anti-competitive behavior which has or is likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route;
b) Protection of consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position; and
c) Protection of Designated Airlines from prices that are artificially low.
5. If a Contracting Party believes that a price proposed to be charged by a Designated Airline of the other Contracting Party for international air transportation is inconsistent with considerations set forth in paragraph (4) of this Article, it shall request consultations and notify the other Contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than thirty (30) days after receipt of the request, and the Contracting Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Contracting Parties reach to an agreement with respect to a price for which a notice of dissatisfaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. Without such mutual agreement to the contrary, the previously existing price shall continue in effect.
ARTICLE 18
EXCHANGE OF INFORMATION
1. The Aeronautical Authorities of both Contracting Parties shall exchange information based on request from the other Contracting Party, as promptly as possible, concerning the current authorizations extended to their respective Designated Airlines to render service to, through, and from the Territory of the other Contracting Party. This will include copies of current certificates and authorizations for services on proposed routes, together with amendments or exemption orders.
2. The Aeronautical Authorities of either Contracting Party shall supply to the Aeronautical Authorities of the other Contracting Party, at their request, such periodic or other statements of statistics of traffic uplifted from and discharged in the State Territory of that other Contracting Party as may be reasonably required.
ARTICLE 19
CONSULTATION
1. In a spirit of close cooperation, the Aeronautical Authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of and satisfactory compliance with, the provisions of this Agreement and either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement.
2. Subject to Articles 4, 10 and 11, such consultations, which may be through discussion or correspondence, shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise agreed by both Contracting Parties.
ARTICLE 20
SETTLEMENT OF DISPUTES
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 negotiation.
2. If a settlement is not reached by negotiation, the dispute shall, at the request of either Contracting Party, be submitted for decision to a tribunal of three (3) arbitrators which shall be constituted in the following manner:
a) Within sixty (60) days of receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a third State, who shall act as the President of the tribunal, shall be nominated as the third arbitrator by the two appointed arbitrators within sixty (60) 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 Organization to make the necessary appointment within thirty (30) days. If the President is of the same nationality as one of the Contracting Parties, the most senior Vice President who is not disqualified on that same ground shall make the appointment. In such case the arbitrator or arbitrators appointed by the said President or the Vice President as the case may be, shall not be nationals or permanent residents of the States Parties to this Agreement.
3. Except as hereinafter provided in this Article or otherwise agreed by the Contracting Parties, the tribunal shall determine the place where the proceedings will be held and the limits of its jurisdiction in accordance with this Agreement. The tribunal shall establish its own procedure. A conference to determine the precise issues to be arbitrated shall be held not later than thirty (30) 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 forty five (45) days after the tribunal is fully constituted. Replies shall be due sixty (60) days later. The tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within thirty (30) days after replies are due.
5. The tribunal shall attempt to give a written decision within thirty (30) days after completion of the hearing or, if no hearing is held, thirty (30) days after 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 fifteen (15) days after it receives the decision of the tribunal, and such clarification shall be issued within fifteen (15) days of such request.
7. The Contracting Parties shall comply with any stipulation, provisional ruling or final decision of the tribunal.
8. If, and as long as, either Contracting Party fails to comply with a decision contemplated in paragraph (7) of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted under this Agreement to the Contracting Party in default.
ARTICLE 21
MODIFICATION AND AMENDMENT OF AGREEMENT
The present Agreement may be modified and amended by the Contracting Parties by mutual agreement, in the form of separate protocols, which will enter into force according to the procedure described in Article 24 of the present Agreement and shall form an integral part thereof.
ARTICLE 22
REGISTRATION
This Agreement and any amendments thereto, shall be submitted to the International Civil Aviation Organization .
ARTICLE 23
TERMINATION
1. Either Contracting Party may at any time give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case the Agreement shall terminate twelve (12) months after the date of receipt of notice by the other Contracting Party, unless the notice of termination is withdrawn before the expiry of this period due to the agreement reached by the Contracting Parties.
2. In the absence of acknowledgment of receipt of a notice of termination by the other Contracting Party, notice shall be deemed to have been received by it fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
ARTICLE 24
ENTRY INTO FORCE
The present Agreement shall enter into force on the date of the receipt of the last written notification by which the Contracting Parties have notified each other, through diplomatic channels, that their internal legal procedures for its entry into force have been fulfilled.
In witness thereof the undersigned being duly authorised by their respective Governments have signed the present Agreement.
DONE in duplicate at Riyadh (Saudi Arabia), during the ICAO International Civil Aviation Negotiation Event – ICAN2023 on this 4th day of December 2023 in the Georgian, Arabic and English languages, all three texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
|
FOR THE GOVERNMENT OF THE SULTANATE OF OMAN |
FOR THE GOVERNMENT OF GEORGIA |
ANNEX
ROUTE SCHEDULE
Section 1:
Routes to be operated by the Designated Airline(s) of the Sultanate of Oman
|
FROM |
INTERMEDIATE POINTS |
TO |
BEYOND POINTS |
|
Any Points in the Sultanate of Oman |
Any Points |
Any Points in Georgia |
Any Points |
Section 2:
Routes to be operated by the Designated Airline(s) of Georgia
|
FROM |
INTERMEDIATE POINTS |
TO |
BEYOND POINTS |
|
Any Points in Georgia |
Any Points |
Any Points in the Sultanate of Oman |
Any Points |
Operation of the Agreed Services
1. The Designated Airline(s) of both Contracting Parties may, on any or all flights and at its option, operate in either or both directions; serve intermediate and beyond points on the routes in any combination and in any order; omit calling at any or all intermediate or beyond point(s); terminate its services in the State Territory of the other Contracting Party and/or in any point beyond that Territory; serve points within the State Territory of each Contracting Party in any combination; transfer traffic from any aircraft used by them to any other aircraft at any point or points in the route; combine different flight numbers within one aircraft operation; and use owned or leased aircraft.
2. Designated Airlines of each Contracting Party will have the right to operate to points in the Territory of the other Contracting Party separately or in combination on the same flight number, provided no domestic traffic is carried except for own stopover traffic where permitted by the Contracting Party’s laws and regulations.
3. The exercise of fifth freedom traffic by the Designated Airline(s) of both Contracting Parties on the above routes shall be agreed upon between the Aeronautical Authorities of the two Parties.