Agreement between the Government of the Kingdom of Saudi Arabia and the Government of the Republic of Ghana in the field of Air Transport Services

Introduction

  • The Government of the Kingdom of Saudi Arabia; and the Government of the Republic of Ghana (hereinafter referred to as the Contracting Parties), as Parties to the International Civil Aviation Treaty open for signature in Chicago on the seventh of December 1944.

  • Desiring to develop an international aviation system based on competition among airlines operating in the market with minimal government intervention and legal regulation.

  • Wishing to facilitate the expansion of opportunities in the field of international air transport services and to increase them; and believing that providing effective and competitive international air transport services enhances trade exchange and leads to consumer welfare and economic growth.

  • Desiring to enable airlines to offer a range of service options to the traveling public and those involved in cargo operations - at the lowest non-discriminatory prices that do not harm the existing situation - and wishing to encourage designated airlines to develop and apply competitive pricing.

  • Desiring to ensure the highest levels of safety and security in air transport services, and affirming their significant concern regarding threats targeting aircraft security, endangering the safety of passengers and property, negatively affecting air transport services, and undermining public confidence in civil aviation safety.

  • They have agreed to the following:

Article 1: Definitions

Article 2: Granted Rights

  • 1- Each contracting Party grants the other contracting Party the rights specified in this Agreement to provide scheduled international air services on the routes specified in the schedule, hereinafter referred to as (agreed services) and (specified routes) respectively.

  • 2- The designated airlines of each contracting Party - when operating the agreed services on the specified routes - shall enjoy the following rights:

    • A- To fly over the territory of the other contracting Party without landing.

    • B- To stop in the territory of the other contracting Party for purposes other than transport.

    • C- To stop in the territory of the other contracting Party at the points specified in the schedule for the purpose of embarking and disembarking passengers and cargo, as well as handling baggage and mail.

  • 3- The exercise of the right to transport to (intermediate) points and (beyond) points as specified in the schedule – is subject to negotiation between the civil aviation authorities of both contracting Parties and their agreement.

  • 4- Nothing in paragraphs (1) and (2) of this article shall confer upon the airlines of either contracting Party the right to load passengers, cargo, baggage, or mail from the territory of the other contracting Party to another point in the territory of that contracting Party for compensation or remuneration.

Article 3: Designation of Airlines and Licensing

  • 1- Each Party of the contracting parties has the right to appoint - in writing and through diplomatic channels - one or more air carriers for the other contracting Party to operate the agreed services, and each contracting Party has the right to withdraw or change this appointment.

  • 2- Upon delivery of this appointment, and as requested from the appointed airlines – as stipulated for the issuance of operating licenses – each contracting Party grants the appointed airlines the necessary operating permits with minimal procedures that cause delays under the following conditions:

    • A- The establishment of the appointed airline and its main place of business must be in the territory of the contracting Party that appointed it.

    • B- The actual regulatory control over the appointed airline must remain with the contracting Party that appointed that carrier.

    • C- The contracting Party that appointed the airline must comply with the provisions contained in Article (Thirteen – Air Safety) and Article (Fourteen – Aviation Security) of the Agreement.

    • D- The appointed airlines must meet the other conditions specified under the laws and regulations generally applicable to the operation of international air transport services by the contracting Party that received the license.

Article 4: Refusal of the Operating License, or its Cancellation or Suspension

  • 1- Either of the civil aviation authorities of the contracting parties has the right to refuse to grant the operating permit - referred to in Article (Three – Designation of Airlines and Licensing) of the Agreement - to the designated airlines of the other contracting party, or to revoke, suspend, or impose any conditions it deems necessary temporarily or permanently; in the following cases:

    • A- If the contracting party is not convinced that the establishment of the airline company or its principal place of business is in the territory of the designated contracting party.

    • B- If the effective regulatory control over the designated airline is not continuously exercised by the contracting party that designates that carrier.

    • C- If the contracting party that designates the airline does not comply with the provisions contained in Article (Thirteen – Air Safety) and Article (Fourteen – Aviation Security) of the Agreement.

    • D- If the designated airlines do not comply with the other conditions specified under the laws, regulations, and decisions generally applicable to the operation of international air transport services by the contracting party that received the license.

  • 2- Except in cases where immediate cancellation of the conditions stated in paragraph (1) of this article or their suspension or imposition of restrictions is necessary to prevent further violations of laws and regulations, or the provisions of the Agreement, this right may only be exercised after consultation with the other contracting party, provided that consultations commence within (30) thirty days from the date of the request for consultation, unless the contracting parties agree otherwise.

Article 5: Fees for the Use of Airports and Their Facilities

  • 1- Each of the contracting parties is obligated to specify the airport or airports located in its territory for the use of the carriers designated by the other contracting party on the specified routes, and to facilitate the means of navigational communications, meteorological services, and other necessary services for the operation of the agreed services.

  • 2- Neither of the contracting parties may impose or allow the imposition of fees on the airlines designated by the other contracting party that are higher than those imposed on its own designated airlines, which operate the same international air services using similar aircraft and the same services and facilities.

  • 3- The contracting parties may request consultations regarding the fees for the use of airports and their facilities and any changes that may occur to those fees.

Article 6: Exemption from Customs Duties and Other Fees

  • 1- Each contracting party shall exempt - on the basis of reciprocity - the aircraft of the designated airline of the other contracting party that operate on international services, as well as fuel supplies, lubricating oils, other consumed technical supplies, spare parts, regular equipment, and aircraft inventory from customs duties, taxes, inspection fees, and other similar charges, except for fees charged for services provided upon the arrival of the aircraft, when it arrives in the territory of the other contracting party and departs from it, provided that these devices, equipment, and supplies remain inside the aircraft until re-exported, or used, or consumed by this aircraft while flying over that territory.

  • 2- Except for the fees charged for services provided, the following materials shall also be exempt from fees on the basis of reciprocity and in accordance with national laws:

    • A- The aircraft inventory that is introduced into the territory of one of the contracting parties within the airport premises, within the quantities determined by the authorities of that contracting party, for use on board the departing aircraft related to the international air services of the other contracting party.

    • B- Spare parts that are introduced into the territory of either of the contracting parties within the airport premises for the maintenance or repair of aircraft used in the operation of international air transport services by the airline designated by the other contracting party.

    • C- Fuel and oils used to supply aircraft operating in international services by the airline designated by the other contracting party, even if these materials will be used in any part of the flight that is over the territory of the contracting party from which these materials were loaded onto the aircraft.

  • 3- The materials referred to in paragraph (2) above may be placed under the supervision of customs authorities until re-exported, or disposed of in accordance with customs regulations.

  • 4- Official documents bearing the distinctive carrier mark, such as baggage tags, travel tickets, bills of lading, departure cards, and flight schedules transferred to the territory of one of the contracting parties for use by the airline designated for the other contracting party shall be exempt from taxes and customs duties - on the basis of reciprocity.

Article 7: The Regulations Governing the Operation of Agreed Services

Article 8: Approval of Flight Schedules

  • The airlines designated by each contracting party shall submit the proposed flight schedules to the aviation authorities of the other contracting party for approval no later than sixty (60) days prior to the commencement date of the agreed services. These schedules shall include the type of services, the aircraft used, flight schedules, and any other relevant information, and this applies to any changes that may occur. In certain special cases, this time frame may be reduced with the approval of the aforementioned authorities.

Article 9: Provision of Statistics and Information

  • The aviation authorities of each contracting Party shall provide the aviation authorities of the other contracting Party - upon their request - with information and statistics related to the operation of the agreed services by the designated airlines from the territory of the other contracting Party and to it, such as those typically provided by the designated airlines to their respective aviation authorities. This data shall include details about the volume of traffic and its distribution, origin, and direction. Any additional statistical information regarding the traffic requested by the authorities of either contracting Party from the aviation authorities of the other contracting Party shall be subject - upon request - to joint discussion and agreement between the two contracting Parties.

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