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AIR SERVICES AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF LATVIA
AND THE GOVERNMENT OF THE REPUBLIC OF KOREA
The Government of the Republic of Latvia and the Government of the Republic of Korea (hereinafter referred to as the "Contracting Parties");
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944;
Desiring to conclude an agreement for the purpose of establishing and operating air services between and beyond their respective territories,
Have agreed as follows:
Article 1
Definitions
1. For the purposes of this Agreement, unless the context otherwise requires:
a) the term "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 1944, and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or Convention adopted under Articles 90 and 94 thereof in so far as those Annexes and amendments have become effective for or have been ratified by both Contracting Parties;
b) the term "Agreement" means this Agreement, its Annexes and any amendments thereto;
c) the term "aeronautical authorities" means, in the case of the Republic of Latvia, the Ministry of Transport, and in the case of the Republic of Korea, the Ministry of Land, Infrastructure and Transport, or in both cases, any other person or body authorized to perform the functions at present exercised by the said authorities;
d) the term "designated airline" means an airline which has been designated and authorized in accordance with Article 4 of this Agreement;
e) the term "territory" has the meaning assigned to it in Article 2 of the Convention;
f) the terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meanings assigned to them in Article 96 of the Convention;
g) the term "capacity" in relation to an aircraft means the payload of that aircraft available on a route or section of a route;
h) the term "capacity" in relation to agreed services means the capacity of the aircraft used on such services, multiplied by the frequency operated by such aircraft over a given period on a route or section of a route;
i) the term "tariff" means the prices to be paid for the carriage of passengers, baggage, and cargo (excluding mail), including any significant additional benefits to be furnished or made available in conjunction with such carriage, and the commission to be paid on the sales of tickets for the carriage of persons, or on corresponding transactions for the carriage of baggage or cargo. It includes also the conditions that govern the applicability of the price for carriage or the payment of commission;
j) the term "agreed services" means international scheduled air services on the routes specified in the Annex I to this Agreement for the transport of passengers, baggage, cargo and mail separately or in combination for remuneration or hire;
k) the term "specified route" means a route specified in a Route Schedule in the Annex I to this Agreement;
l) the term "user charge" means a charge made to airlines by the competent authorities, or permitted by them to be made, for the provision of airport property or facilities or of air navigation facilities, or aviation security facilities or services, including related services and facilities, for aircraft, their crews, passengers and cargo;
m) the term "Annex" means the Annex to this Agreement or as amended in accordance with the provisions of Article 19 of this Agreement. The Annexes form an integral part of this Agreement, and all references to this Agreement shall include also references to the Annexes, except where explicitly agreed otherwise.
2. Titles given to the Articles of this Agreement are for reference purposes only.
3. References in this Agreement to nationals of the Republic of Latvia shall be understood as referring to nationals of European Union (EU) Member States. References in this Agreement to the airline(s) of the Republic of Latvia shall be understood as referring to the airline(s) designated by the Republic of Latvia.
4. References in this Agreement to the "EU Treaties" shall be understood as referring to the Treaty on European Union and the Treaty on the Functioning of the European Union.
Article 2
Grant of rights
1. Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of operating international air services on the specified routes.
2. Subject to the provisions of this Agreement, the airline(s) designated by each Contracting Party shall enjoy the following rights:
a) the right to fly without landing across the territory of the other Contracting Party;
b) the right to make stops in the territory of the other Contracting Party for non-traffic purposes;
c) the right to take up and put down passengers, cargo and mail separately or in combination at any point on the specified routes, subject to the provisions contained in the Annex I to this Agreement.
3. Nothing in paragraph 2 of this Article shall be deemed to confer on the designated airline(s) of one Contracting Party the right of taking on board, in the territory of the other Contracting Party, passengers, baggage, cargo or mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party (cabotage).
4. If because of armed conflict, political disturbances or developments, or special and unusual circumstances, a designated airline of one Contracting Party is unable to operate the agreed services on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such services through appropriate temporary rearrangements of routes as is mutually decided by the Contracting Parties.
Article 3
Recognition of certificates and licences
1. Certificate of airworthiness, certificates of competency and licences issued or rendered valid by either Contracting Party shall, during the period of their validity, be recognized as valid by the other Contracting Party, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention.
2. Each Contracting Party reserves the right, however, to refuse to recognize as valid, for the purpose of flights over its own territory, certificates of competency and licences granted to or rendered valid for its own nationals by the other Contracting Party or by any other State.
Article 4
Designation of airlines and operating authorizations
1. Each Contracting Party shall have the right to designate through diplomatic channels to the other Contracting Party one or more airlines for the purpose of operating the agreed services on the specified routes and to withdraw or alter such designations. Such designations, withdrawal or alteration of them shall be made in writing.
2. On receipt of such a designation, the other Contracting Party shall grant the appropriate authorizations and permissions with minimum procedural delay, provided:
a) in the case of an airline designated by the Republic of Korea:
i) the Republic of Korea has and maintains effective regulatory control of the airline; and
ii) substantial ownership and effective control of that airline are vested in the Republic of Korea, nationals of the Republic of Korea, or both, and the airline has a valid operating licence issued by the Republic of Korea; and
b) in the case of an airline designated by the Republic of Latvia:
i) it is established in the territory of the Republic of Latvia under the EU Treaties and has a valid operating licence from an EU Member State in accordance with European Union law; and
ii) effective regulatory control of the airline is exercised and maintained by the EU Member State responsible for issuing its air operator's certificate and the relevant aeronautical authority is clearly identified in the designation; and
iii) the airline has its principal place of business in the territory of the EU Member State from which it has received its valid operating licence; and
iv) the airline is owned, directly or through majority ownership, and is effectively controlled by EU Member States and/or nationals of European Union Member States, and/or by other States listed in the Annex II and/or by nationals of such other States; and
c) the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by the Contracting Party considering the application(s); and
d) the Contracting Party designating the airline maintains and implements the standards relating to security and safety set out in Article 14 and Article 15 of this Agreement.
3. When an airline has been so designated and authorized it may begin to operate the agreed services, provided that the airline complies with all applicable provisions of this Agreement.
Article 5
Revocation or suspension of operating authorizations
1. Either Contracting Party may, after consultations with the other Contracting Party, refuse, revoke, suspend or limit the operating authorizations or technical permissions of an airline designated by the other Contracting Party where:
a) in the case of an airline designated by the Republic of Korea:
i) the Republic of Korea is not maintaining effective regulatory control of the airline; or
ii) substantial ownership and effective control of that airline are not vested in the Republic of Korea, nationals of the Republic of Korea, or both, or the airline does not have a valid operating licence issued by the Republic of Korea;
b) in the case of an airline designated by the Republic of Latvia:
i) it is not established in the territory of the Republic of Latvia under the EU Treaties or does not have a valid operating licence from an EU Member State in accordance with European Union law; or
ii) effective regulatory control of the airline is not exercised or not maintained by the EU Member State responsible for issuing its air operator's certificate, or the relevant aeronautical authority is not clearly identified in the designation; or
iii) the airline does not have its principal place of business in the territory of the EU Member State from which it has received its valid operating licence; or
iv) the airline is not owned, directly or through majority ownership, and is not effectively controlled by EU Member States and/or by other States listed in the Annex II and/or by nationals of such other States; or
v) the airline is already authorized to operate under a bilateral agreement between the Republic of Korea and another EU Member State and the Republic of Korea can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point in that other EU Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement; or
vi) the airline holds an air operator's certificate issued by an EU Member State and there is no bilateral air services agreement between the Republic of Korea and that EU Member State, and that EU Member State has denied traffic rights to the airline designated by the Republic of Korea;
c) the designated airline has failed to comply with the laws and regulations of the Contracting Party granting the rights; or
d) the designated airline does not comply with the conditions prescribed under this Agreement.
2. Unless immediate action is essential to prevent further infringements of laws and regulations, such right shall be exercised only after consultations with the aeronautical authorities of the other Contracting Party in conformity with Article 17 of this Agreement.
Article 6
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 authorities on the designated airline(s) 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 its national airlines engaged in similar international air services.
2. Each Contracting Party shall encourage consultations on user charges between its competent charging authorities and the designated airlines using the services and facilities provided by those charging authorities, where practical through the organizations representing those airlines. Reasonable notice of any proposed change to user charges shall be given to such users to enable them to express their views before changes are made. Each Contracting Party shall also encourage its competent charging authorities and such users to exchange appropriate information concerning user charges.
Article 7
Exemption from customs and other duties
1. Aircraft operated on international air services by a designated airline of one Contracting Party, as well as its regular equipment, spare parts, supplies of fuel, lubricants, and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempted, on the basis of reciprocity, from all customs duties, inspection fees and other similar charges on arriving in the territory of the other Contracting Party in accordance with the provisions of the laws and regulations in force of each Contracting Party, provided that such equipment, spare parts, and supplies of fuel and lubricants and aircraft stores remain on board the aircraft up to such time as they are re-exported or are used or consumed by such aircraft on flights over that territory.
2. There shall also be exempt, on the basis of reciprocity, from the same duties, fees and charges referred to in paragraph 1 of this Article, in accordance with the provisions of the laws and regulations in force of each Contracting Party, with the exception of charges corresponding to the services provided:
a) aircraft stores taken on board in the territory of one Contracting Party within reasonable limits fixed by the competent authorities of the said Contracting Party, for use on board aircraft engaged in the agreed services by the designated airline of the other Contracting Party;
b) spare parts, including engines, introduced into the territory of one Contracting Party for the maintenance or repair of aircraft engaged in the agreed services by the designated airline of the other Contracting Party; and
c) fuel, lubricants and consumable technical supplies destined to supply aircraft operated on the agreed services by the designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the other Contracting Party in which they are taken on board.
3. Materials referred to in paragraph 2 of this Article may be required to be kept under customs supervision or control.
4. The regular airborne equipment, as well as the materials, supplies and spare parts normally retained on board aircraft operated by a designated airline of one Contracting Party, may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that other Contracting Party. In such case, they may 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.
5. The necessary documents, such as printed ticket stock, air waybills, any printed material which bears the insignia of the company thereon and usual publicity material distributed free of charge, intended for the use or used solely in connection with the operation or servicing of aircraft of the designated airline of one Contracting Party operating the agreed services, shall be exempt, on the basis of reciprocity, from customs duties and other similar charges in the territory of the other Contracting Party, in accordance with the provisions of the laws and regulations in force of that other Contracting Party.
6. Without prejudice to security laws and regulations, passengers, baggage and cargo in direct transit across the territory of a Contracting Party and not leaving the area of the airport reserved for such purpose shall be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties, fees and other similar charges.
Article 8
Capacity
1. There shall be fair and equal opportunity for the designated airlines of the Contracting Parties to operate the agreed services on the specified routes.
2. Each Contracting Party shall take all appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of the designated airlines of the other Contracting Party.
3. The total capacity to be provided on the agreed services by the designated airlines of the Contracting Parties shall be agreed between the aeronautical authorities of the Contracting Parties.
4. In operating the agreed services, the designated airline(s) of each Contracting Party shall take into account the interests of the designated airline(s) of the other Contracting Party so as not to affect unduly the services which the latter provide on the whole or any part of the same routes.
5. The agreed services provided by the designated airlines of the Contracting Parties shall retain as their primary objective the provision, at a reasonable load factor, of capacity adequate to the current and reasonably anticipated requirements for the carriage of passengers, baggage, and cargo, including mail, coming from or destined for the territory of the Contracting Party which has designated the airline(s).
6. The right to take up or discharge on the agreed services international traffic destined for and coming from third countries at a point or points on the specified routes shall be exercised in accordance with the general principles of orderly development of international air transport and shall be subject to the general principle that capacity should be related to:
a) the traffic requirements between the country of origin and the countries of ultimate destination of the traffic; and
b) the requirements of through airline operations; and
c) the traffic requirements of the area through which the airline passes, after taking account of local and regional air services.
Article 9
Approval of schedules
The airline(s) designated by one Contracting Party shall submit its envisaged flight schedules for approval to the aeronautical authorities of the other Contracting Party at least sixty (60) days prior to the beginning of the operation. Any modification to such schedules shall be submitted to the aeronautical authorities of the other Contracting Party for approval at least thirty (30) days in advance. In special cases this time limit may be reduced subject to the consent of the said aeronautical authorities.
Article 10
Information and statistics
The aeronautical authorities of one Contracting Party shall supply to the aeronautical authorities of the other Contracting Party, at their request, such information and statistics as may be reasonably required for information purposes subject to the laws and regulations of each Contracting Party.
Article 11
Tariffs
1. Each Contracting Party shall allow tariffs for air services to be established by each designated airline based upon commercial considerations in the marketplace. Intervention by the Contracting Parties shall be limited to:
a) prevention of unreasonably discriminatory tariffs or practices; or
b) protection of consumers from tariffs that are unreasonably high or restrictive due to abuse of a dominant position; or
c) protection of airlines from tariffs that are artificially low due to direct or indirect governmental subsidy or support.
2. Each Contracting Party may require, on a non-discriminatory basis, notification to and registration or filing with its aeronautical authorities of tariffs to be charged to or from its territory by the designated airlines of the other Contracting Party. Such notification or filing by the designated airlines of both Contracting Parties may be required at least thirty (30) days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice that normally required.
3. Neither Contracting Party shall take unilateral action to prevent the inauguration or continuation of a tariff proposed to be charged or charged by a designated airline of either Contracting Party for international air services between the territories of the Contracting Parties, or a designated airline of one Contracting Party for international air services between the territory of the other Contracting Party and the territory of any other State, including in both cases transportation on an interline basis. If either Contracting Party believes that any such tariff is inconsistent with the considerations set forth in paragraph 1 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 the information necessary for a reasoned resolution of the issue. If the Contracting Parties reach an agreement with respect to a tariff 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, the tariff shall go into effect or continue in effect.
Article 12
Commercial activities
1. The designated airlines of each Contracting Party shall have the right to establish representative offices in the territory of the other Contracting Party. Those representative offices may include commercial, operational and technical staff and other specialist staff required for the provision of air services.
2. The representative offices, representatives and staff shall be established in accordance with the laws and regulations in force in the territory of that other Contracting Party.
3. Each Contracting Party grants to any airline designated by the other Contracting Party the right to sell its transport and ancillary services on its own transport documents directly in its own sales offices and through its agents in the territory of the Contracting Party which grants such right to any customer in local currency or in any freely convertible other currency.
Article 13
Transfer of revenues
Each designated airline may on demand convert and remit local revenues in excess of sums locally disbursed to the country of its choice. Prompt conversion and remittance shall be permitted without restrictions at the rate of exchange applicable to current transactions which is in effect at the time such revenues are presented for conversion and remittance, and shall not be subject to any charges except those normally made by banks for carrying out such conversion and remittance.
Article 14
Aviation security
1. Consistent with their rights and obligations under 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. 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, the 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 convention governing aviation security binding upon both Contracting Parties.
2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
3. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security 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; they shall require that their airlines and the operators of airports in their territories act in conformity with such aviation security provisions.
4. Each Contracting Party agrees that its airlines may be required to observe the aviation security provisions referred to in paragraph 3 of this Article required by the other Contracting Party for the entry into, departure from, or while, within the territory of that other Contracting Party. Under the law applicable, each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo, in-flight catering and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
5. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
6. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of the first Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement within thirty (30) days from the date of such request shall constitute grounds for withholding, revoking, suspending, limiting or imposing conditions on the operating authorization of the designated airline(s) of the other Contracting Party. If required by an emergency or to prevent further non-compliance with the provisions of this Article, the first Contracting Party may take interim action at any time prior to the expiry of thirty (30) 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 15
Aviation safety
1. Each Contracting Party may request consultations at any time concerning safety standards maintained by the other Contracting Party in any area relating to aeronautical facilities, flight crew, aircraft or the operation of aircraft. 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 a longer period as may be agreed upon, shall be grounds for the application of Article 5 of this Agreement.
3. It is agreed that any aircraft operated by the designated airline(s) of one Contracting Party on services to or from the territory of the other Contracting Party may, while within the 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 the 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 licences 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 the airline designated by one Contracting Party in accordance with paragraph 3 of this Article is denied by the 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 or vary the operating authorization of the airline(s) 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 a ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an airline operation.
7. Any action by one Contracting Party in accordance with paragraph 2 or 6 of this Article shall be discontinued once the basis for the taking that action ceases to exist.
Article 16
Application of laws and regulations
1. The laws and regulations of one Contracting Party relating to the entry into or departure from its territory of aircraft engaged in international air services or to the operation and navigation of such aircraft while within the said territory shall be applied to the aircraft of the designated airline(s) of the other Contracting Party.
2. The laws and regulations of one Contracting Party governing the entry into, stay in or departure from its territory of passengers, crew, cargo or mail, such as those concerning the formalities regarding entry, exit, emigration, immigration, customs, currency, health and quarantine shall be applied to passengers, crew, cargo and mail carried by the aircraft of the designated airline(s) of the other Contracting Party, while they are within the territory of the first Contracting Party.
3. Neither Contracting Party shall give preference to its own or any other airline over a designated airline of the other Contracting Party engaged in similar international air transportation in the application of its laws and regulations set forth in this Article.
Article 17
Consultations
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 the Annex I and II thereto.
2. Such consultation, which may be through discussions or by correspondence, shall begin within a period of sixty (60) days from the date of receipt of the written request, unless otherwise agreed by the Contracting Parties.
Article 18
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 the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body. If they do not so agree, the dispute may, at the request of either Contracting Party, be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other Contracting Party of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal, and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may at the request of either Contracting Party appoint an arbitrator or arbitrators as the case requires. If the President of the Council of the International Civil Aviation Organization is of the same nationality as one of the Contracting Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment. In all cases, the third arbitrator shall be a national of a third State and shall act as president of the arbitral tribunal. The arbitral tribunal shall determine its own procedure.
3. The Contracting Parties shall comply with any decisions, including any interim recommendation, given under paragraph 2 of this Article.
4. If and for so long as either Contracting Party or any designated airline of either Contracting Party fails to comply with a decision given under paragraph 3 of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement.
5. Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the arbitral tribunal shall be equally shared by the Contracting Parties.
Article 19
Amendments
1. If either Contracting Party considers it desirable to amend any provisions of this Agreement, it may at any time request consultations with the other Contracting Party. Such consultations may be through discussions or by correspondence, and shall begin within a period of sixty (60) days from the date of receipt of the request. Any amendments so agreed shall enter into force in accordance with Article 22 of this Agreement.
2. If a general multilateral convention or agreement concerning air transport comes into force in respect of both Contracting Parties, this Agreement shall be amended so as to conform to the provisions of such convention or agreement.
Article 20
Registration
This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organization.
Article 21
Termination
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, this Agreement shall be terminated at midnight (at local time of the Contracting Party, which has received the notice) upon the expiration of twelve (12) months from the date of receipt of the notice by the other Contracting Party, unless the notice is withdrawn by agreement between the Contracting Parties before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after receipt of the notice by the International Civil Aviation Organization.
Article 22
Entry into force
This Agreement shall enter into force thirty (30) days from the last written notification through diplomatic channels by which the Contracting Parties have confirmed the completion of their respective internal procedures for its entry into force.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
Done in duplicate at New York, this 28th day of
September, 2018, in the Latvian, Korean and English languages,
all texts being equally authentic. In the case of any divergence
of interpretation, the English text shall prevail.
| For the Government of the Republic of Latvia Edgars Rinkēvičs |
For the Government of the Republic of Korea Kang Kyung-wha |
ANNEX I
Route Schedule
1. Routes to be operated by the designated airline(s) of the Republic of Korea:
| Points of origin | Intermediate points | Points of destination | Beyond points |
| Any points in the Republic of Korea | Any points | Any points in the Republic of Latvia | Any points |
2. Routes to be operated by the designated airline(s) of the Republic of Latvia:
| Points of origin | Intermediate points | Points of destination | Beyond points |
| Any points in the Republic of Latvia | Any points | Any points in the Republic of Korea | Any points |
3. The designated airlines of both Contracting Parties may, on all or any flights, omit calling at any of the above points provided that the agreed services on the route begin at the points of origin in the Contracting Party designating the airline.
4. The exercise of fifth freedom traffic rights on specified intermediate and/or beyond points shall be subject to an agreement between the aeronautical authorities of both Contracting Parties.
ANNEX II
Eligibility to own and control airlines designated by the Republic of Latvia
List of countries (other than European Union Member States) which and whose nationals are eligible to own and control airlines designated by the Republic of Latvia:
1) The Republic of Iceland (under the Agreement on the European Economic Area);
2) The Principality of Liechtenstein (under the Agreement on the European Economic Area);
3) The Kingdom of Norway (under the Agreement on the European Economic Area);
4) The Swiss Confederation (under the Agreement on the European Community and the Swiss Confederation on Air Transport).
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