Selanjutnya

ａｇｾｭＧ＠

BE'lWEEN THE GOVERNMENI' OF THE REPUBLIC

OF INDONESIA

AND

THE GOVERNMENT OF THE KitUDOM OF THAILAND

FOR Am SERVICES BEJ.WEEN AND BEYOND 'rHEIR

RESPEC?IVE TERRITORES •

The Govemment of the Republic of Indonesia and the Government

ot

the Kingdom of Thailand,

Being parties to the ｃｯｮｶ･ｮｴｾｮ＠

on

International Civil AYiation opened for signature at Chicago on the seventh day

ot

December,

1944,

and

Desiring to conclude a.n Agreement, ·,ur: ｾ＠ .. ··.·nt.., supplementary to the eaid Convention, tor the purpose of establishing air servioes

between and beyond Indonesia and Thailand territories, Have agreed as f ollowe :

ARTICLE 1

,1) For the purpose of the present Agreement 1 unless the

context otherwise requires :

(a) the tenn" the 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

ot

that Convention and any amendment

or

the

Annexes or Convention under Articles 90 or

94

thereof ;

(b) the term "aeronautical authorities" means, in the

oaH

.ot

the Kingdom of Thailand 1 the Minister

ot

Communications and

an:r

person or body authorised ｾｯ＠ perfonn any functions on civil uation

exercised by the said Minister o• similar !unctione, and, in thelof the Republie of Indonesia, the

£0oso

2

-Mlnieter of Air Communications and

a:rrr

person or

body ｡ｵｴｨｾｩｾ＠ to perf'ot'm 81\Y functions on civil

aviation· ｉｾＧＺＮｾ＠ said Mi.niter or similar tunotU>ns : . ' •

L

exercised by tho

(c) the term " designated· airline " means an airline . wbioh one ContractUls Party shall J:la.ve designated, by

written

nl»iiitication to the

other

Contracting

Party,

in. accordance with Aitiole 3 i>f' the iresent

Asreement 1

tor

the operation

ot

air services on

the

r011tes

speeitied

in suoh notification J

(d) the term " terl'itory" in relation to a ｾ｡ｴ･＠ means

the larxi oreas and

territoriai

waters adjacent

thereto under the sovereignty, p:-otection or truateeehip of that Atate ;

(e) the term " air service", 11 _{international air servi.ce11,}

"airline" and 11_{stop for non-traffic pxrposes"}

hnT•

the meanings ｲ･ｳｰ･｣ｴｩｶ･ｾ＠ assigned to term in

Article

96

'bt

the Convention;

_and

(t) the term " schedule " means the Route Schedule to

the present

Agl'eement or as am.e1'¥ied

in

accordance

with the i:roviai_ons

ot

Article 11

ot

p-esent

Agreement.

(2) The schedule forms ·an inta: gra.l

ot

the iresent Agr'eement

ard all reference to the

Agreement

shall.

include

reference to the schedule except; where otherwise providEd.

ARTICLE 2

(1) FAch Contracting Party grants to the other Contracting

Party the rights specified in the present Agreement tor/JMrfJOee

ot

9atablish:lng air services on the routes specified in the

3

-Schedule (hereinafter called "the agreed services" and the specified routes").

(2) Subject to the provisions of the present Agreement, the airlines designated by eadh Contracting ｐ｡ｲｾｹ＠ shall enjoy, while operating an agreed service on a specified route, the ,, · ·. Ｍ｟ Ｎ ｙｯｾﾷ ﾷ＠

privileges

(a) to fly without landing across the territory of the other Contracting Party;

ＨｾＩＩｴｯ＠ make ｳｴｯｰｾ＠ in the said territory for non-traffic purposes; and

(a) to make stops in the said territory· at the points

specified for that route in the schedule to the present Agreement for the purpose of putting down

and taking on international traffic in passengers, cargo and mail ooming from or destined for other points so specified.

(J) Nothing in paragraph (2) of this Article shall be

deemed to confer on the airlines of one Contracting Party the

pri-ｶｩｬ･ｧｾ＠ ot taking up, 1n the territory of the other Contracting

Party,

passengers, cargo or mail 1 ·.:\. carried for rem\Dleration or

hire and destined for another point in the territory of that other Contracting Party.

ARTICLE 3

(1) Each Contracting Party sh8ll have the right to designate

in writing to the other Contracting Party one or m::>re airlines

tor

the purpose of operating the agreed services on the. specified routes,

(2) On receipt ot the designation, the ｯｾｨ･ｲ＠ Contracting

Party shall, subject to the provisions o! paragraphs (3) and

(4)

of this Article, without delay grant to the airline or airlines

designated the appropriate operating authorisation.

.. 4

-(3) The aeronautical authorities

ot

one Contracting Party M7 reQllire an airline designated bJ' the other Contracting Part7 to satiefJ' them that it is qualified to fulfil the conditions pre cribed under the laws and regulations normally and reasonably applied b7 them in con1'ormij7 with the provisions of the Convention to the operation

or

international commercial air services.

(4) Each Contracting Part7 shall have the right to refuse to accept ｴｾ＠ deeignation of an airline and to withhold or revoke the grant to an airl4ne of the privileges epecii'ied in paragraph (2)

ot

Artiole 2

ot

the present Agreement or to impo8e such conditions ae it. 1D87 deem necessary on the exercise lty an airline of those

ｰｾｩｶｩｬ･ｧ･｡＠ in any case where it is not satisfied that substantial otmerah1p and etfecti ve control

ot

that airline are vested in the Contracting Part7 designating the airline or in nationals

or

the Contracting Party designating the airline.

( 5) At any t.ime atter the provi"Sions of paragraphs (1} and (2) of this Article have been COIJlplied with, an airline so designated and authorised mq begin to operate the agreed services, provided

that

a service shall not be operated unless a tarirt estaalished in accordance with the provisions

ot

Article 7 of the present Agreement ia in force in respect of that service.

( 6) Each Contracting Part7 shall have the the right to suapend the exerci8e by an airline

ot

the privileges specified in paragraph (2)

ot

Article 2

ot

the present Agreement or to impose such conditions

aa it

ma::r

deem necessary on the exercise by an airline of th:>se

privileges in 8ft1' _{caee where the airline falls to comply with the}

laws or regulations

ot

the Contracting Party granting those pJtiwilegee

or

otheiwiae faila to operate in accordance with the conditions

I • I •

prucribed in the present Agreerront provided that, unless immediate

1u1penaion or imposition of conditions is essential to prevent

·,

.. !1 ...

tarthor infrin8emonts of laws or roBulntion, . this riBht shall bo excrciaod only nfter oonsultation with the other Contrnotin6 Pnrty.

ARTICLE 1 4 ·JI

(1) Fuol, lubriontinG oils, spnro parts, reculnr cdrcrnft

equipment ond nirornft stores

..

ｩｮｴｲｾ､ｵｯ･､＠ into the territory of nae

.

ContrnotiDB ｐ｡ｲｴｹｾ＠ or tnken on board nircrnft in thnt territory, .b1 or on ｢ｾｨｮｬＮｦ＠ of tho other Contraotj.n£S Porty or its dosin()nated

Ai1'1blo-or ｡ｩｲｬｾｯｳ＠ and intendod solely for use by or in the a..iroraft

ot

those airlines shall be acoorded t!le followin3 trentmon t by tho

firat

Contractins Party in rospect of customs duties, inspection too• Nld othor similar nntional or lo col ､ｴｾ＠ t' .. es and chnraoa ;

.

.

( n) in tho case of fuel and J.ubd.ontinlJ oils remaining on bonri nirornft nt the :i.1.1st nirport of cnll"

I

before dopnrture from the s,,4.d territory, exemption J nnd

(b) in tho on.so of fuel and lnb:':"ionting oils _.

.

.

_.

.-

.

not

inculuded undor (n) nnd spnre parts, ro3ulnr aircraft

I I .

-oq uipmon

t

and nircrnft stores, trentmont not lose

f nvournblo thnn thnt

.

nocorded to similnr supplies

.

.

introduood into the said toi,ri.tory, or taken on

t e I ' I . - 6

bonrd aircraft in thnt ｴｯｲｾｩｴｯｆｙｴ＠ nnd intondod

. ' .

sololy for uao by or in ｴｾ･＠ aircrnf t of n nntiona..1

ｮＺｬＮｲｬｾ･＠

ｾｦ＠ ｴｨｾ＠

ｦｩｾ｡ｴ＠

ｃｯｾｴｾｮｾｴｩｮ｣ｲ＠

ｐ｡ｲｴｹｾﾷ＠

ｯｾ＠

of tho

. .

...

-moat fnvourod foreien nirlin?; onBngod in

• f • t o I 1 '

intornnt:l.onal nir aervioes·c

.(2) The ttentnioni

ｳｰ｣ｯｩｦｩｾ､＠

in pnrn6rnph (1) of

ｴｨｩ･

ﾷ ａｾｲｴｩ｣ｬ･＠

shnll bo in ｮ､ｾｴｩｾｮ＠

to

ｾ､＠ without ｐＡＴｾｪｵＮ､ｩｯ･＠

to

ｴｨｾｴ＠ ｷｨｾ｣ｨ＠ enoh Contractins PnPt7 is under obliention to ｮ｣ｾｾｲ､＠ tmdor Articlo 24 of

·1

the Convon tion·;

- 6 ..

ARTICLE

S

(1) The designated airline of each Contracting Party shall have fair and equal opportunity to carry on the agreed services traffic embarked in the territory of one r. _{Contracting Party and}

disembarked 1n the territory of the other Contrating Party or vice veraa Md shall regard as being of supplementary character traffic ell\ba.ri<ed pr disembarked in the territory of the other Contracting Part7 to and from points en route. The designated airline of each Contracting Party in providing capacity tor the carriage

ot

tratfio

embarked in the territory of the other Contrating Party and

disembarked at points on the specified routes or vice versa shall talce into consideration the primary interest

or

the designated airline of the other Contracting Party in such traffic eo a.e not to

affect unduly

that

interest of the latter airline.

(2) The agreed sevices provided

ay

the designated airline

ot

each Contrating Party t:call be closely related to the requirements

ot

the public tor transportation on the specified routes, and each

lh8ll have aa its prhmey objective the provision of capacity

adequate to meet the demands to ｾ｡ｲｲｹ＠ passengers, cargo and mail •barked or disembarked in the territory of the Contracting Party

which has designated the airline.

(3) Provision for the carriage of passengers, cargo and mail embarked in territory of the other Contracting Party and

disembarked at points in third countries on the specified routes or vice versa shall

ae

ma.de in accordance with the general principle that capacity shall be related to :

(a) the requirements of traffiu embarked or disembarked

in the territicy of the Contracting Party which has

designated the airline

(b) the requirements of traffic of the area through

which the airline passes, after taking account of other air eerv.l.ces established by airlines

or

the

states situated in the area; and

( c) the requirements of econanical thnough airline operation.

(4) As l<'.tlg tn advance as practicable, but not less than

tblity days, before the introduction of an a.greed service or aey modification thereof, or within thirty days aft:er of n uoquostw"ran the aeronautical authmrities the designated airline

ot,

one Contracting Party shall provide to the aeronautical authorities

of the other CQntra.ctiog Party information regarding the nature of service, time - tables, types of aircraft including the capacity irov1.ded on each

ot

the specified routes and any further information as may be required to satisfy the aeronautical autherities of the other Contracting Party that the requirements of this Agreement tlro being duly observed.

ARTICLE 6

(1) The tariffs on any agreed ·service shall be established at reasonnble levels, due regard being paid to al). relevant ＡｮＮｃＢＭｾｮＮＺＮＮ＠

including cost of operation, reasonable profit, characteristics of service (such as atnnd0.1. .. •.0£ speed and accommodation).and the tariffs

of other airlines for

any

part

of the

specified route.These

tnriffs shall be fixed in accordance with the following provisions of this Article.

roforrod

'

(2) The tariffs to in paragraph (1) 0£ this Article,

together \¢th the rates. of agency commission used in conjunction with them shall, if possible, be agreed in respect of ｾ｡｣ｨ＠ of the specified routef between the deoignation airlines concerned, a.nd such agreement shall, where possible 1 be guided by such deoisions a.s are applicable

-8-.,.

Transport Asaocintion• Tho tnriffs so nBrood shall be subject to the npp•oval of tho neronautionl authcritiee of both ContraotinB _.,. Parities·•

(3)

.

If the do8ignntod airlines oQllnot ncroo on OlJ:I'

ot

tho .. tarifta, or it for some other reason n tnrift onnnot bo

nsroecl

in

.

.

.

acoordmce with tho provisions of paragraph (2) of this

.

.

Artio1•1

the

｡･ｲｯｮ｡ｾｴｩ｣｡ｬ＠

authorities

of the

ContrnctinB Pnrties-eha.11 tr1

.

to determine the tariff by Q8reement between

themselves•

(4)

If tho

aeronautical

nuthoritiea cNlnot agree on tho

.

approval of ony tariff submitted to them under pnrasrnph ｾＭＲＩ＠ of this /.rticle

-.

or on tho dotorminntion of any tariff under pnrasrnph (3)1 the dispute shall be .settled in ncoordanco _{. .} with the

proYisiona

of Article ｬｏｾｯｦ＠ tho present ABreement•

-.-( 5) ｎｯﾷｾﾷ＠ tariff shall come into foroo if the noronnutioal authorities

ot

oithor Contrnotins

Party

.nre diesntietiod with it

except

.

undor tho provisions _,- of pnrnsriwh (3) of ｾｴｩ｣ｬｯ＠ 10 of tho

pro•ont A(sreomont.

(6) Tho tariffs ostnbl:Lshed in

ncoordnnoo

with tho provisions

.

.

ot

thid

Airtiolo

.

shnll remain

in

force Wltil

now tnr.:l,ffa have boon

_.

.

oetnblishod

in

nccorfance with

tho provisions of this Artioloe

AR!ICLE

Z

Tho noronnut:Lool. authorities of oneh Contnrct:lna

Pnrt7

ahall

auppl.7

io

tho aeronnut1oal. nutboritios of

tho

·other

Contrnctina

Part7

d'

ｴｨ､ｩｾ＠

i-equeat such periodic or other atntoments of

stntiatioa

aa

•f\T bo reasonably required for the purpoeo of reviewing the oapnoit7 poyidod on tho acree·d services by tho desi6Jlnted airline or airlines

I

ot

tho first

Contrnctin6

ｐ｡ｲｴｹｾ＠ Such statements

shall include all

.

.

ｾｯｲｭｮｴｩｯｮ＠ required to determine tho-.mnount of traffic carried by

• I • ' f

t1'oae

airlines Ob tho nareod

services;

...

9

-ARTICLE

8

Thoro shn:Ll bo ro6ular

and

frogJont

oonsUltation

botwoon tho

nerronauticnl authorities of

th• ｃｯｮｴｲｮ｣ｴｩｮｾ＠ Parties

to

･ｮｳｵｾｯ＠

oloao

_{,. .}

.

collnborntien in all matters *!tooting the fulfilment of th•

proeent Aeroomont•

ARTICLZ

9

(1) If tmY

disputo

nrisoa botweon tho Contaroting Pnrtio•

.

relntinet

to

the interpro tntion or npplicntion of tho present

.·r .

ｾｲ･ｯｭｯｮｴＬ＠

tho

ｃｯｮ Ｎ ﾷｴｲｾｩｮｂ＠

Part1es shall

in ｴｨｾ＠

firstplao•

endeavour

to

eettlo

it

by

noBOtintion

botwoon

ｴｨｯｭｳ･ｬｶｯｳｾ＠

(2) If tho OontraotinB Parties fnil

.

to

rench a

aottlomon•

b7

ｮｯｂｑｴｩｾｴｩｯｮＬ＠

they

may

ncrree to refer tho c11sputo for dooisioA

to

ｩｯｾ＠

ｾｾｳｯｦｴ＠

Ｘｾ＠ ｾｾｾ＠

or tho dieputo m01

V.t tho request

ot

･ｩｴｨ･ｾ＠

I • I

Contrnc tin6 Party be submi ttod

for decision

to n

tribunal

of thno '

I

ｮｲ｢ｾｴｲｯＮｴｯｲｾＬ＠ ono

to

bo

nominated

by

onoh

ｃｯｮｴｾ｡ｯｴｩｮＶ＠

Party N\4 tho

third to bo nppointod

by

tho two so nominatodl Enoh

ot

the

OontrnotinB

Parties shall nominnte on nrbitrntor within a poriodot

sixty dQ1s from the

dnte

of receipt

by

oithor Contl\GOting Part7

trom

· ·

· ·

.

through·

tbo

other of a notice

ｾ［ｨｯ＠

diplomntic

channel

roquosti.ns

arbitration of the dispute, and tho third nrbitrntor shn.11 bo

appointed within n

further

period of

thirty doyes"e

If o:Lthor of

tho

Contrnctin6 Parties fails to

nominate an

arbitrator within

the

poriod

I

specified, or

it

tho

third

arbitrntor

is

not

appointed within tho

period

specified, the

Proeidont of

the Council of

tho

International

Civil Aviation

Orsanisastion

may ｢ｾ＠

roquostod b1 oithor

ContAl'ctina

.

Pnrty to

appoint an nrbitrntor or

｡ｲ｢ｩｴｲｮｴｯｾ･＠

ms tho oneo

ｲｯｱ｜､Ｎｲｯ｡ｾ＠

Whoro tho

Proisidon t possossoa

tho nationality of

ono

ot

tho two

Contrnctins Parties or is othorwiso

_{.... .}

prcvontod from onr17ina

out

this

function,

his deputy in offioo shall mnko tho necessnr1

ｯｰｰｯｩｮｴｭｯｮｴ｡ｾ＠

- 10 ..

The third arbitrator shall be a national of a third Siate and shall

act as president or the arbitre.l body,

(3) The Contracting Parties undertake to comp:cy- with any decision given under paragraph (2) of this Article.

(4) I t _{and so long as either Contracting Party or a}

designated airline of either ｾｮｴｲ｡｣ｴｩｮｧ＠ Party fails .. to compl1' with a decision given under paragraph (2) of this Article 1 the other

Contracting Party may

limit,

withhold or revoke arq rights or

privileges .whi:bh it has ｧｲ｡ｮｴｾ＠ by n .rtue of the present Agreement to the Contracting Party in {pr to the designated airline er airlines of that Contractittg Party or to the designated l\irline in default as the case may be.

L

default.

ARl'ICLEt 10.

(l] if either of the Contracting Parties ｣ｯｮｳｩｴｾ･＠

iti.•·

desirable to modify any prov! sion of the iresent Agre,men tit shall request conS\lltation with the other Contracting

Party,

Such

consultation, which IllB1' be con:lucted between the aerana.utical authorities, shall begin within a period or sixty dafe as from the date of the ｲｾｵ･ｳｴＮ＠ Any modifications so agreed

shall

cane into force when confirmed by an ax.change of diploma.tic notes.

(2 ). The present Agreement shall be a.mended so aa to conform with any general multi lateral convention which ｾ＠ becane birding on

both Contracting Parties,

ARTICLE 11.

Elther Contl'acting Part,y may at any time g1 ve notice to the other if it desires to terminate the i:resent Agreement• &ch notice shall be simultaneously oommnicated to the International Qlvil Aviation crgM.ization.If such notice is given, thd i:resent.

11

Agreement shall terminate twelve mon'fihs after the date or ｲ･ｯ･ｩｾ＠

ot

the notice by- the other Contracting Party, unless the notice to

terminate is Withdrawn by agreement before the expiry of this period•

In Th' absence orL • ··· · . ,... ··

pt

receipt, by the other Contracting Party, notice shall

be

deemed to have been

'ifec't·ii:Vo.feurteen

days

after the receipt;

ot

the notice by the International Civil Aviation Organisation,

L

acknowledgement.

ARTICLE 12

The present Agreement and any exchange of diplomatic notee relntive thereto shall be registered with the Inte1-1sational QlvJ.l Aviation crganise.tion,

ｾｃｌｅ＠

13.

The i:resent Agreement Shall be approved by each Contracting

Party in compliance with its legal procedure and shall enter into ·

torce on the day

or

the exchAnge

or

diplomatic notes confirming such api:roval.

In witness whereof' the undersigned, being dul.1' authorised thereto by their respective Governments, have signed the P'e&ent

Agreement.

Done

at

Bangkok, this

8

th dq of Ma.roh 1

1968,

in duplicate, in the Ehglish language.

For the Government of the Republic of Indonesia

For

the

Government

ot

.