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AGREEMENT DET\YEEN THE GOVERNMENT OF THE HEPUDLIC

OF' INDONESIA AND THE GOVERNMENT

OF NORWAY

FOH AIR SERVICES BETWEEN THEin ngsPECTIVE

TERRITO JU ES

The Government of the Republic of Indonesia and the Government of Norway

Deing parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944 and

Desiring to conclude an Agreement, supplementary to the said Convention, for the purpose of establishing air services between Indonesian and Norwegian ｴ･ｲｲｩｾｯｲｩ･ｳ＠

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ARTICLE 1

For the purpose of the present Agreement, unless

the context otherwise requires :

(a) the term " 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 of that Convention and any

amendment of the Annexes or Convention under

Articles 90 or 94 thereof;

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

the case of the Republic of Indonesia the

MinistP.r of Communications and any person or

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body authorised to perform functions at present

exercised by the said Minister of similar functions,

and, in tha case of Norway, the Directorate of

Civil Aviation and any ｰ･ｲｾｯｮ＠ or body authorised

to perform any functions at present exercised by

the said Directorate or similar functions;

(c) the term " designated .airline "means an airline

which one Contracting Party shall have designated,

by written notification to ｴ｢･ｾｯｴｨ･ｲＧ＠ ｃｯｮｴｲ｡ｾｴｩｮｧ＠ .

-Party, in accordance with Article 3 of the present

Agreement, for the operation of air services on

the routes specified in such notifications;

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(d) the term "territory0 _{in relation to a} ｾｈ｡ｴ･＠

shall have the meaning assigned ·to it in Article 2 of the Convention;

(e) the terms "air service", "international air service", "airlino" and "stop for non-traffic pu.eposes" have

the ｭ･｡ｾｮｧｳ＠ respectively assigned to them in

Article

9G

of the Convention •

( 1) Por tho operaLion of regular intcrna tion:il uir services each Contracting l)arty granto to the airline or airlines designatod by the other Contracting l'arty

(a) the right to fly without landing acroi:iE• the

territory of the other Contracting I'ar Ly

(b) the :right to make otops in said territory

for no11-traf fic 1mrposeo.

• (2) For the operation of ree;ular ｩｮＭｾｯｲｮ｡ｴｩｯｮ｡ｬ＠ air

ｾ･ｲｶｩ｣｣｡＠ over the routeu upecifiecl in the Armex to thin

Agreement (hereinafter called11_{thc ac;reed serv:Lcos}11 _and

"the specified routea") euch Contracting Party futher

grants to the airlino or airlines designutctl by the other

Contructins Party

the right to make utops in the territory of

the other Contracting Purty for the purpoce

of embarking o.nd dlscrnbarkine i.nterna tional

traffic in puusengcrs, cnrgo and mail at the

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(3) l'JothJng in pal'agraph ( 2) 01' this Artj_cl e ohall be cleomod. to confer on tho ｡ｩｲｬｩｮｾ＠ of one CoirtractinG l)arty the privilege of ｴｾ｣ｩｮｧ＠ up, in the territory of the

o th or Contracting l\irty, pas sengerc, car co or mail

carried with or vi'i thou t remuneration or hire and destined

for another point in the torritory of that other Contracting Party.

( 4) Ho twi tho tandi ne; the prov hd Cil1D of paragrap}rn ( 1 )

and (2) of this Ar·Licle, the operaLion of acreed

services in arcau of hostiliticn or military occupation,

or in nrcac; a.ffccted thcreuy, shall, in accorunncc with Article 9 of the Convention, be oubject to the approval

of the competent military authorities.

( 1) Each Contracting Party shall designate in vrri tin0

to the other Contractin6 l)arty one or more airlineu

for tho purpoac of operatine·the agreed acrviccs on

the specified routes.

(2) On receipt of the clooigna.tion, the other CoIJtractj_ng

l1arty shal1 ｾｲｮ｢ｪ｣｣ｴ＠ to the provioiom; of pn.ro.graphs (3)

ond ( 4) of thin Article, wJ thou t delaJ' Grant to the airline or ｵｩｲｬｩｮ･ｾｊ＠ designc. ted the appropiate opcro. tine

authorisation.

( 3) ｔｨＡ［ｾ＠ aeronautical authorj_ tics of one Contracting

11arty muy require an airline ､･ＺＺ［ｩ［ｾｮ｡ﾷｾ｣ｵ＠ by the other

Contracting I'nrts to rrntisfy them thcd; it is q_ualifj_ed

to fulfil the conditions prescribed uncter the laws and regulations normally and reasonably npµlied by them in c.:onformi ty· with the provinions of the

convention to the operation of international commercial nir services.

(4) Bach Contractint:; Party chall have the riGht to refuse to ｡｣｣｣ ｾ ｾｰｴ＠ tho deuit?;nation of an airline and to

vti thhold or revoke the gro.nt to an airline : of the

privileeo3 specified in ｰ｡ｲ｡｣ｲ｡ｾｨ＠ (2) of Article 2 of the • present Agreement or to impooc such conditions as it may

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deem necdssary on the ｣ｾｸ･ｲ｣ｩｳ･＠ by an airline of those privilct;es in any case where it is not G1:1.tisficd that substanti::11 ownership und cffectievc control Of' that

airline arc vested in the Contractinc J?arty ､｣ｾ､ｴ［ｮ｡ｴｩｮｴ［＠

the airline or in nationals of the Contracting Party

､｣ｾｩｧｮ｡ｴｩｮｧ＠ the airlines.

(5) At any time c:lfter the provisions of pnrnt_(raphs (1)

and (2) of this ａｲｴｩ｣ｬ･ｾ＠ have been complied with, an airline so designated and authorised may begin to operate the

aerced services, providP.d that a · service shall not be operated unlcso a tariff in in force in respect of it established in accordance with the provisions of Article

7

of the present Aerccment.

(6) Each Contracting :Party shall have the rieht to suspend the exercise by an airline of the privileges specified in paragraph (2) of Article 2 of the present Aerecinent or to impose such conditions as it may deem

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necesf;ary on the ･ｸＨｾｲ｣ｩｳｯ＠ by l:l.n airline of those pri vileces

in nny case ｷｨ･ｲ･ｾ＠ the ｡ｩｲｬｩｮ･ｾ＠ £ail0 to comply with the

laws and regulations of the Contra.cting Party granting those privileges or otherwise fails to operate in

accordance with the conditions prescribed in the present

Agreement; provided that, unless immediate ｳｵｳｾ･ｮｳｩｯｮ＠

or imposition of conditions is essential to prevent

fu:t:t.her infrint;cinents of laws or reeulo.tiorn_;, this right

shall be exercised only after conGultation with the other

Contructine Party.

Pil\TICLE 4

(1)

Aircraft operated by a designated airline of either

Contracting Party and entcrinc, dcpartir1c again from, or

flyinc across the territory of the other Contracting

Party, as well as fuel, lubricrLnts, spare parts, recular

equipment and aircraft storeo on board such aircraft,

shall be exempt from customs dutieE: and other chart__:es·

levied on tho occasion of importation, exportation

or transit of goods. This shall also apply to goods on

board the aircraft consumed durint; the flight across

the territory of the latter Contracting Party.

(2) Fuel, lubricants, aircraft stores, opnra partG

and regular equipment, tomporarily imported into the

territory of either Contracting Pnrty, there to be

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immediately or after storage installed in or otherwise

taken on board the aircraft of a designated airline of

the other Contracting Party, or to be otherwise exported

again from the territory of the former Contracting Party,

shall be exempt from the customs duties and other charges

mentioned in paragraph (1) of this Article.

(3) Fuel and lubricants taken on board the aircraft

of a designated airline of either Contracting Party

in the territory of the other Contracting Party and

used in international air services, shall be exempt

from the customs duties and other charges mentioned

in paragraph (1) of this Article, as well as from any

other special consumption charges, provided that formal

customs regulations are complied with.

(4)

Each Contracting Party may keep the goods mentioned

in paragraphs (1) to (J) of this Article under customs

supervision or control.

(5) In so far as no duties or other charges are imposed on goods mentioned in paragraphs (1) to (3)

of this Article, such e;oods shall not be subject to any

economic prohibitions or restrictions on importation,

exportation and transit that may otherwise be applicable

unless such prohibition or restriction applies to all

airlines including the national airlines in respect to

certain items mentioned in paragraphs (1) to (3) of

this Article.

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( G) 1

r110 tTc:ntmcnt ｾｰ･｣ｩｦｩ｣､＠ in thh; .Arti cle ::::hall be in addition to and without prejudice to that

which each C ontrac Linc l)arty j.0 under o bliga ti on

to accord under Article 24 of tlw Convention •

The charces imponed by either Contrnctinc l'arty for the use of airports and air ｮｮｶｩＨＮ｟ｾ｡ｴｩｯｮ＠ facilities

by tho aircraft of the desiBnated airline of the other

Contracting Party uhall not be higher than those paid

by ito na-tionnl aircraft operating international aervicoc.

(1) There shall be fair and oqunl opportunity for

the designated airlines of both Contractinc; Parties

to operate the agreed cervicoc on the opecified routes between their rcop(;ctiv:c te:n·itorics.

( 2) In operating Urn agreed oervices, the designated

airlines of each Contracting Party shall tnke into

account the intereat of the desicnatcd ai11lnea of

the other Contractine Party so as not to affect unduly the services which the latter provide on the whole or

part of the same route.

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( 3) The agreed :iervices provided ｢ｾｶ＠ the cle::.1ignatcd

airlines of the Contracting Parties shall bear close

rcln.tionship to the rec1uirernents of the public for trnnGJ)ortution on the opccificcl routes and shall have as their primary objcc·tive the provision of a capacity

ndequu te to carry thG current and reauona'bly anticipated roq_uirernents for .the ca:rriagc of passengern, carc;o and mail originating from or destined for the territory of

the Contracting l)arty which has uesignatod the airline. Provision for the carriage of pacsengers, cureo

and mail both taken up and put down at points on the

specified routes in the territories of ｾｈｮｴ･Ｚｊ＠ other than that designating the airline shall he mack in

accon1unce with the general principlcG that cu1)nci ty

shall be re.lo. tccl to:

(i)

traffic requiroments to and from the

territory of the Contracting Party which

has designated the airline;

(ii) traffic requirements of the · area through

which the airline passes, after taking

account of other transport service::; established

by uirlincc of the States compric;inc_; the area;

und

(iii)the requirements of through airline operation.

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ａｈｔｉｃｌｊｾ＠ 7.

(1) The turiffa to be ｣ｨ｡ｲｧｾ｢ｹ＠ the deaignated airlines of one Contracting Party for carriage to

or from the territory of the other Contruc-tinc_;;;

Party shall be established at reasonable levels,

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due regard being paid to all rolcvantfactoro including

coat of operation, reasonable profit,charucteristico

of service (such 8.G ｾＭ［ｴ｡ｮ､｡ｲ､ｳ＠ of speed and accommodation)

and the tariffo o.r other airlin"J3 for any part of the

specified route. rrhe;rn tariffs shall be fixed in

accordm1cc with the folloYJing ｰｲｯｶｩｾＺＮ､ｯｮｳ＠ of this Article.

( 2) 'flw tariffs referred to iri paragraph ( 1) of this Article, together with the r1.:.i.tes

or

agency comrnisoion used in conjunction with them shall, if posaible be

agreed in respect of cc.ch o.f the specified routes bctv;ucn

the dcnig11atecl air linen concerned, in conrrnltation with other airlines opcrntinG over the v.-hole or part of that

route, and such agreement. shall, where pouciolc, be

reached Un'ouch the rn tofixinG muchi1wry of the In-tcr-na ti oIn-tcr-nal Air '.Li·un::::iport A csocj_atio:n. The tariffn so

agreed Ghall be oubject to the approval of the

aeronau-tical author1 ｴｩ｣ｾｊ＠ of both Con true ｴｩｮｾＺ＠ far tie:J.

( 3) If the ､｣ｳｩｲｾｵ｡ｴｯ､＠ o.irlinc0 cmmo L agree on any

of these k1.i·iffs, OT if for oomc other reaoon a tnrii'f

cmmot be agreed in uccordancc with tlw proviuionn of

pnragrnph( 2) of Ll1i s Article, the acron::i.uticnl

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authori tieG of the Contro.ctine; l)artieo :::;hnll try to

determine the tariffs l)y agreement between thcmsel veu.

( 4) If the aeronaut:Lcal authorities cannot at;rec on

the approval of any turiff · cubmi t tcd to Uwm unclor

paragraph (2) of this Article or on tho determination

of any tariff under paraernph

(3),

the di3pute.be ＮＮＭｫｾ｜ｉ＠

settled in accordance with the provisiona of Article

10 of ﾷ ｾｨ･＠ present Agreement.

(5) (a) No tariff nhnll come into force if the

aeronautic::ll authoi,itics of either Contr8cting

l1o.rty are diouut1sfied with i t except uuder

the provioiono of paragraph (3) of Article 10

of the present Agreement.

(b) When tariffs have been established in accordance

with the provisions of this Article, these

tariffs ohall remain in force until ncv1 tariffs have 1)een eutablished in accordance nith the provisions of this Article •

'rhe aeronautical authorities of ci ther Contracting

Party shall supply to the aeronautico.l authorities of

the ｯｴｬｾ｣ｲ＠ Contracting Party at their request such

periodic or other statements of ｂｴｵｴｩｾｔｴｩ｣ｳ＠ as may be reasonably reC]_uircd for the purpose of reviewing 'Lhe

capacity provided on the agreed services by the

'dcuignatcd airline or airlines of the first Contracting

Party.

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ａｈｔｉｃｬｾｅ＠ 9

There shall be regular and frequent consultation

between the ueronautico.l authorities of the ｃｯｮｴｲ｡｣ｴｩｮｲｾ＠

Parties to ensure close collaboration in all matters

affectine ·the fulfilment of the present Agreement.

AWl:ICT1E 10

(1) If any dispute arises beh:cen the Contract:i.np;

Parties relating to the interpretation or application

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of the present Ae;recmcnt, the Contractine; :Parties shall

in the first place endeavour to settle lt by negotiation

between themsclveu.

(2) If the Contracting Parties fail to reuch a oettlement

｢ｾＬｲ＠ negotiations, the dispute may at tho req_uest of

either Contrncting :·,a:cty be submitted for decinion to

a tribunal of three arbitra ·tors, orw to be nominated

by each Contracting Party ancl the thirc1 to be appointed

by the tV10 so nominated. ｔｾ｡｣ｨ＠ of "Lhe Contracting rartics

shall no11linate nn arbitrator within o. pGriod of sixty

(GO) d3ys from the date of receipt by either Contracting

Party from the other of a notice through the c1iplornutic

channel ret1uesting arbitration oi' the diuputc, and the

third arbitrator shall be appointed \'tithin a futher period

of sixty (60) days. If either of the Contracting Parties

fails to nominate an arbitrator within the period

specified, or i f the third arbj_tro:tor is not U}:>pointed

tNi thin the period specified, the I'residc:nt of the

Council of the International Civil Aviation Organisation

may be rcciuestcd by either Contracting l'arty to appoint

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an arbitrator or arbitrators as the case requires.

(3) The Contracting Parties undertake to comply with

any decision given under paragraph (2) of this Article.

(4) If and so long as either Contracting Party or a

designated airline of either Contracting Party fails

to comply with a decision given under paragraph (2)

of this A±ticle, the other Contracting Party may limit,

withhold or revoke any rights or privileges which it

has granted by virtue of the preocnt Agreement to the

. Contracting Party in default or to the designated

airline or airlines of that Contractine Party or to

the designated airline in default.

AHTICLE 11

(1) If either of the Contractine Pnrties {onsiders

it desirable to modify any IJrovision of the present

Agreement or its Annex, it may request consultation with tho other Contracting ｐ｡ｾｴｹ［＠ such cunsultation,

which may be between the aeronautical authorities and

which may be through discussion or by correspondence,

shall begin within a period of sixty (60) days from the co.date ₍ of the reauent. _ｾ＠

( 2) N11y ｾ＠ modification of the present Agreement decided

upon during the concultation referred to in ｰ｡ｾｮ･ｲ｡ｰｨ＠

(1) above shall be agreed upon in writing between

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the Contrncting Parties and shall take effect on

the date on whichl both Governmellt:s have informed

each other in writing by exchange of notes that

the formalities constitutionally rcq_uired in their

respective countries have been complied with.

(3) Any modification of the Annex of the present

Agreement decided upon during the consultation

referred to in paragraph

(1)

above shall be agreed

upon in writing between the aeronautical authorities

and shall to.kc immediate effect, but shall be confirmed

by an exchange of notes if so required by either of

the Contracting Parties.

( 4) The present Agreement and its A1mex will be amended so o.s to conform with any multilateral

convention which may become binding on both Contracting

Partieo.

AH1'ICL:E 12

Either Contracting Party may at any time give

notice to the other if it desires to terminate the

present Agreement. Such notice shall be simultaneously

communicated to the International Civil Aviation

Organisation. If such notice io given, the present

Agreement shall terminate twelve (12) months after

the date of receipt of the notice by the other

Contro.ctine; 1:\1rty, unless the notice to tcrmiuute

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is withdrawn

by

agreement before the expiry of this

period.

In the

absence of acknowledgement of receipt

by

the other Contracting Party, notice shall be deemed

to have been received fourteen (14) days after the

receipt of the notice

l)y

the International Civil

Aviation Organisation.·

ARTICLE 13

The present , Agreement and agreed modifications

in

accordm1cc

with Article 11 shall be registered

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AHTICLE 14

The present Ac;rcemont shall enter into force on the date of cienaturc.

In witne ss whereof the w1dersigned, being duly authori-sed thereto by their respective Governments have signed the present Agreement.

Done this 23rd day of June nineteen

hundred and seventy one in duplicate in Copenhagen.

For the Government of the Hepublic of Indonesia

Signed

For the Government of Norway

Signed