FRAMEWORK AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF JAMAICA ON COOPERATION IN DEFENCE RELATED MATTERS
AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF JAMAICA FOR THE EXCHANGE OF INFORMATION ON TAX MATTERS
AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF JAMAICA
FRAMEWORK AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF JAMAICA ON COOPERATION IN DEFENCE RELATED MATTERS
The Government of the Federative Republic of Brazil
The Government of Jamaica
(hereinafter referred to as the "Parties"),
Sharing the common conviction that mutual cooperation in the field of defence is certain to enhance the relationship between the Parties;
Seeking to contribute to international peace, security and prosperity;
Wishing to develop and strengthen various forms of collaboration between the Parties;
Desiring to enhance defence cooperation between the Jamaica Defence Force (hereinafter "JDF") and the Ministry of Defense of the Federative Republic of Brazil (hereinafter "MD"),
Have agreed as follows:
Cooperation between the Parties shall be based on the principles of equality, reciprocity and mutual interest, in compliance with their national legislation and international law obligations in order:
a) to promote cooperation between the Parties in defence related matters, especially in the fields of research and development, logistic support, and acquisition of defence products and services;
b) to exchange knowledge and experiences acquired in operations of armed forces, including international peacekeeping operations, and in the use of foreign and national military equipment;
c) to share knowledge and experience in the scientific and technological areas;
d) to engage in mutual military education and training, in joint military exercises, as well as to exchange information related to those issues;
e) to collaborate on subjects related to systems and equipment in the field of defence,
f) to cooperate in other fields of defence that may be of mutual interest to both Parties.
Forms of Cooperation
Cooperation between the Parties on defence related matters may include, but not be limited to the following areas:
a) mutual visits by high-ranking delegations and meetings of representatives of equivalent defence institutions;
b) exchange of instructors as well as of students from military educational institutions;
c) participation in theoretical and practical training courses, seminars, conferences, discussions and symposia in institutions of the Parties;
d) cultural and sports events;
e) cooperation related to defence material and services linked to defence matters in accordance with national legislation of the Parties;
f) humanitarian assistance; and
g) other forms of cooperation that may be of mutual interest to both Parties.
When carrying out cooperation activities under this Agreement, the Parties commit themselves to respect the principles and purposes of the Charter of the United Nations, which include sovereign equality of States, territorial integrity and inviolability, and non-intervention in the internal affairs of other States.
1. Unless otherwise mutually agreed, each Party shall be responsible for all the expenses incurred by its personnel connected with fulfillment of official duties under this Agreement.
2. All activities carried out under this Agreement shall be subject to the availability of funds of the Parties.
Protection of Classified Information
1. Procedures for exchange, as well as the conditions and measures to protect classified information of the Parties in the implementation and after termination of this Agreement, shall be determined by an Agreement between the Government of Jamaica and the Government of the Federative Republic of Brazil.
2. The Parties shall inform each other in advance of the necessity to protect the information and other data related to cooperation and (or) specified in contracts (agreements) signed within the framework of this Agreement, in accordance with the national legislation of the Parties.
1. The JDF shall be the Executing Agent responsible for the implementation of this Agreement on behalf of the Government of Jamaica; and the MD shall be the Executing Agent responsible for the implementation of this Agreement on behalf of the Government of the Federative Republic of Brazil.;
2. The Parties shall establish a joint working group with the aim of coordinating the activities of cooperation under this Agreement.
3. The joint working group shall consist of representatives from the JDF, and from the MD, as well as from any other institutions of the Parties, where appropriate.
4. The modalities for meetings of the joint working group shall be defined by agreement between the Parties.
Supplementary Protocols, Implementing Arrangements
1. Supplementary Protocols to this Agreement may be concluded in writing by the Parties, and will form part of this Agreement.
2. Implementing Arrangements for implementation of programmes and/or specific activities undertaken under this Agreement, may be developed and implemented by the JDF and the MD. Such Implementing Arrangements must be restricted to the subjects of this Agreement, and must be consistent with the Parties’ respective laws.
1. Any dispute regarding specific cooperation activity under this Agreement shall be settled, in the first instance, exclusively through consultations and negotiations between the appropriate participants of such specific cooperation activity.
2. If, however, the participants mentioned in Paragraph 1 fail to reach such settlement, then the dispute shall be submitted to the Parties for settlement by direct negotiation between the Parties, through diplomatic channels.
Entry into Force, Amendment, and Duration
1. This Agreement shall enter into force on the thirtieth (30th) day after the date of the later written notification by which one Party informs the other, through diplomatic channels, of the fulfillment of its respective domestic requirements for the entry into force of this Agreement.
2. This Agreement may be amended in writing by mutual consent, which shall enter into force on the thirtieth (30th) day after the date of the later written notification by which one Party informs the other, through diplomatic channels, of the fulfillment of its respective domestic requirements for the entry into force of this Amendment.
3. This Agreement shall be of indefinite duration.
1. Either Party may, at any time, notify the other, in writing and through diplomatic channels, of its intention to terminate the present Agreement. Termination shall be effective ninety (90) days after the date of the notification and shall not affect the ongoing programmes and activities under this Agreement, unless otherwise agreed upon by the Parties.
2. In witness whereof, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement in two (2) originals in Portuguese and English languages, both texts being equally authentic.
Done in Kingston, on the 13th day of February of 2014.
AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF JAMAICA FOR THE EXCHANGE OF INFORMATION ON TAX MATTERS
The Government of the Federative Republic of Brazil
The Government of Jamaica,
Desiring to establish the terms and conditions governing the exchange of information on tax matters,
Have agreed as follows:
Object and Scope of the Agreement
The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information.
1. The requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction.
2. Information shall be exchanged in accordance with this Agreement by the competent authority of the requested Party without regard to whether the person to whom the information relates is a resident or national of a Contracting Party.
1. The taxes which are the subject of this Agreement are:
a) in Brazil, taxes of every kind and description administered by the Secretariat for the Federal Revenue of Brazil;
b) in Jamaica, taxes imposed of every kind and description.
2. This Agreement shall also apply to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the competent authorities of the Contracting Parties so agree. Furthermore, the taxes covered may be expanded or modified by mutual agreement of the Contracting Parties in the form of an exchange of letters. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement.
1. For the purposes of this Agreement, unless otherwise defined:
a) the term “Brazil” means the Federative Republic of Brazil;
b) the term “Jamaica” means the island of Jamaica, the Morant Cays, the Pedro Cays, and their dependencies and includes the archipelagic waters and territorial sea of Jamaica and any area outside such territorial waters which in accordance with international law has been or may hereafter be designated under Jamaican Law as an area within which Jamaica may exercise sovereign rights for the purpose of exploring and exploiting the natural resources of the seabed or its subsoil and the superjacent waters and with regards to other activities for the economic exploration and exploitation of the area;
c) the term “Contracting Party” means Brazil or Jamaica, as the context requires;
d) the term “Contracting Parties” means Brazil and Jamaica;
e) the term “competent authority” means:
(i) in the case of Brazil, the Minister of Finance, the Secretary of the Federal Revenue or their authorised representatives;
(ii) in the case of Jamaica, the Minister of Finance or his authorised representative;
f) the term “person” includes an individual, a company and any other body of persons;
g) the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
h) the term “publicly traded company” means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold “by the public” if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors;
i) the term “principal class of shares” means the class or classes of shares representing a majority of the voting power and value of the company;
j) the term “recognised stock exchange” means any stock exchange agreed upon by the competent authorities of the Contracting Parties;
k) the term “collective investment fund or scheme” means any pooled investment vehicle, irrespective of legal form. The term “public collective investment fund or scheme” means any collective investment fund or scheme provided the units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed by the public. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed “by the public” if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors;
l) the term “tax” means any tax to which the Agreement applies;
m) the term “requesting Party” means the Contracting Party requesting information;
n) the term “requested Party” means the Contracting Party requested to provide information;
o) the term “information gathering measures” means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information;
p) the term “information” means any fact, statement or record in any form whatever;
q) the term “criminal tax matters” means tax matters involving intentional conduct whether before or after the entry into force of this Agreement which is liable to prosecution under the criminal laws of the requesting Party;
r) the term “criminal laws” means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes;
s) the term “resident of a Contracting Party” means any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, legal head office (place of incorporation), place of management or any other criterion of a similar nature, and also includes that State and any political subdivison or local authority thereof;
t) the term “national of a Contracting Party” means:
(i) in Brazil, any individual possessing the Brazilian nationality and any legal entity or any other collective entity deriving its status as such from the laws in force in Brazil;
(ii) in Jamaica, any individual who is a citizen of Jamaica and any legal persons, entity, partnership or association deriving its status as such from the Laws of Jamaica.
2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.
Exchange of Information Upon Request
1. The competent authority of the requested Party shall provide upon written request information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use all relevant information gathering measures to provide the requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of this Agreement have the authority to obtain and provide upon request:
a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees, beneficiaries and protectors; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. The competent authority of the requesting Party shall provide, in writing, the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request:
a) the identity of the person under examination or investigation;
b) the period of time for which the information is requested;
c) a statement of the information sought including its nature and the form in which the requesting Party wishes to receive the information from the requested Party;
d) the tax purpose for which the information is sought;
e) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party;
f) to the extent known, the name and address of any person believed to be in possession of the requested information;
g) a statement that the request is in conformity with the law and administrative practices of the requesting Party, that if the requested information was within the jurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
h) a statement that the requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the requesting Party. To ensure a prompt response, the competent authority of the requested Party shall:
a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request;
b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Tax Examinations Abroad
1. The requested Party may allow representatives of the competent authority of the requesting Party to enter the territory of the requested Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the requesting Party shall notify the competent authority of the requested Party of the time and place of the intended meeting with the individuals concerned.
2. At the request of the competent authority of the requesting Party, the competent authority of the requested Party may allow representatives of the competent authority of the requesting Party to be present at the appropriate part of a tax examination in the requested Party.
3. If the request referred to in paragraph 2 is acceded to, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the requested Party conducting the examination.
Possibility of Declining a Request
1. The requested Party shall not be required to obtain or provide information that the requesting Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement.
2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph.
3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are:
a) produced for the purposes of seeking or providing legal advice; or
b) produced for the purposes of use in existing or contemplated legal proceedings.
4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (“ordre public”).
5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed.
6. The requested Party may decline a request for information if the information is requested by the requesting Party to administer or enforce a provision of the tax law of the requesting Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the requesting Party in the same circumstances.
Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party.
Unless the competent authorities of the Contracting Parties otherwise agree, ordinary costs such as ordinary administrative and overhead expenses incurred in providing assistance shall be borne by the requested Party and extraordinary costs incurred in providing assistance shall be borne by the requesting Party.
The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement.
Requests for assistance and answers thereto shall be drawn up in Portuguese, English or any other language bilaterally agreed between the competent authorities of the Contracting Parties, in accordance with Article 13.
Other International Agreements or Arrangements
The possibilities of assistance provided by this Agreement do not limit, nor are they limited by, those contained in existing international agreements or other arrangements between the Contracting Parties which relate to cooperation in tax matters.
Mutual Agreement Procedure
1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement.
2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6, 9 and 11.
3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article.
4. The competent authorities of the Contracting Parties may also agree on other forms of dispute resolution.
5. The competent authorities of the Contracting Parties may also agree on other forms for the exchange of information as shall promote the most effective use of the information.
Entry into Force
1. Each Contracting Party shall notify the other, in writing, through diplomatic channels, of the completion of the procedures required by its law for the bringing into force of this Agreement.
2. This Agreement shall enter into force on the date on which the latter of those notifications has been received.
3. The provisions of this Agreement shall have effect for requests made on or after the date of entry into force of the Agreement:
a) with respect to criminal tax matters, on that date without regard to the taxable period to which the criminal tax matter relates;
b) with respect to all other matters described in Article 1, for all taxable periods beginning on or after that date, or, where there is no taxable period, for all charges to tax arising on or after that date.
1. Either Contracting Party may terminate the Agreement by serving a notice of termination in writing through diplomatic channels to the other Contracting Party.
2. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Contracting Party. All requests received up to the effective date of termination shall be dealt with in accordance with the terms of this Agreement.
3. If this Agreement is terminated the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement.
In witness whereof, the undersigned, being duly authorised thereto, have signed the Agreement.
Done in duplicate at Kingston, on 13th February 2014, in the Portuguese and English languages, each text being equally authentic.
AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF JAMAICA
The Government of the Federative Republic of Brazil
The Government of Jamaica
(hereinafter referred to as the Parties),
Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944;
Desiring to contribute to the progress of international civil aviation;
Desiring to conclude an Agreement for the purpose of establishing and operating air services between and beyond their respective territories, have agreed as follows:
For the purpose of this Agreement, unless otherwise stated, the term:
a) "aeronautical authorities" means, in the case of Jamaica, the Minister responsible for civil aviation and the Jamaica Civil Aviation Authority, and in the case of the Federative Republic of Brazil, the Civil Aviation Authority, constituted by the National Civil Aviation Agency - ANAC, or in both cases, any other authority or person empowered to perform the functions now exercised by the said authorities;
b)"Agreement" means this Agreement, its Annex and any amendments thereto;
c) "agreed services" means air services on the specified routes for the carriage of passengers, cargo and mail, separately or in combination;
d) "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meanings assigned to them in Article 96 of the Convention;
e) "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, insofar as such Annexes and amendments have become effective for both Parties;
f) "designated airline" means an airline which has been designated and authorised in accordance with Article 3 (Designation and Authorisation) of this Agreement;
g) "ICAO" means the International Civil Aviation Organization;
h) "specified route" means one of the routes specified in the Annex to this Agreement;
i) "price" means any fare, rate or charge for the carriage of passengers, baggage and/or cargo, excluding mail, in air transportation, including any other mode of transportation in connection therewith, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate or charge;
j) "territory" in relation to a State has the meaning assigned to it in Article 2 of the Convention; and
k) "user charges" means a charge made to airlines by the competent authorities of each Party, 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.
Grant of Rights
1. Each Party grants to the other Party the rights specified in this Agreement for the purpose of operating international air services on the routes specified in the Route Schedule attached hereto in the Annex.
2. Subject to the provisions of this Agreement, the airline(s) designated by each Party shall enjoy, while operating international air services:
a) the right to fly without landing across the territory of the other Party;
b) the right to make stops in the territory of the other Party for non-traffic purposes;
c) the right to embark and disembark passengers, baggage, cargo and mail, separately or in combination, in the territory of one Party at points on the specified routes destined for, or coming from, points in the territory of the other Party; and
d) the right to embark and disembark passengers, baggage, cargo and mail, separately or in combination, in the territories of third countries at the points on the specified routes destined for, or coming from, points in the territory of the other Party.
3. The airlines of each Party operating scheduled services, other than those designated under Article 3 (Designation and Authorisation) of this Agreement, shall also enjoy the rights specified in Paragraphs 2 (a and b) of this Article.
4. Nothing in this Article shall be deemed to confer on the designated airline(s) of one Party the privilege of taking on board, in the territory of the other Party, passengers, baggage, cargo and mail for remuneration and destined for another point in the territory of the said Party.
Designation and Authorisation
1. Each Party shall have the right to designate in writing, to the other Party, an airline or airlines to operate the agreed services and to withdraw or alter such designation through diplomatic channels. On receipt of such a designation and on application from the designated airline, in the form and manner prescribed for obtaining the required operating authorisation, each Party shall grant the appropriate operating authorisation with minimum procedural delay, provided that:
a) the designated airline is established in the territory of the designating Party;
b) effective regulatory control of the designated airline is exercised and maintained by the Party designating the airline, and that the airline has its principal place of business in the territory of the said Party;
c) the Party designating the airline is in compliance with the provisions set forth in Article 7 (Safety) and Article 8 (Aviation Security); and
d) the designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Party receiving the designation.
2. On receipt of the operating authorisation as provided for in Paragraph 1 of this Article, a designated airline may at any time begin to operate the agreed services for which it is so designated, provided that the designated airline complies with the applicable provisions of this Agreement.
Withholding Revocation and Limitation of Authorisation
1. The aeronautical authorities of each Party shall have the right to withhold the authorisations referred to in Article 3 (Designation and Authorisation) of this Agreement with respect to an airline designated by the other Party, and to revoke, suspend or impose conditions on such authorisations, temporarily or permanently:
a) in the event that they are not satisfied that the airline is established in the territory of the Party designating the airline; or
b) in the event that effective regulatory control of the designated airline is not exercised and maintained by the Party designating the airline, and that airline does not have its principal place of business in the territory of the said Party; or
c) in the event of failure of the Party designating the airline to comply with the provisions set forth in Article 7 (Safety) and Article 8 (Aviation Security); or
d) in the event of failure by that designated airline to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air services by the Party receiving the designation.
2. Such a right shall be exercised only after consultation with the other Party, unless immediate revocation, suspension or imposition of the conditions provided for under Paragraph 1 of this Article is essential to prevent further infringements of laws and regulations.
Application of Laws
1. The laws and regulations of one Party governing entry into and departure from its territory of aircraft engaged in international air services, or the operation and navigation of such aircraft while within its territory, shall be applied to aircraft of the designated airline(s) of the other Party.
2. The laws and regulations of one Party relating to the entry into, stay in and departure from its territory of passengers, crew, baggage, cargo and mail such as those regarding immigration, customs, currency and health and quarantine shall apply to passengers, crew, baggage, cargo and mail carried by the aircraft of the designated airline(s) of the other Party while they are within the said territory.
3. Neither Party shall give preference to its own or any other airline over a designated airline(s) of the other Party engaged in similar international air transportation in the application of its immigration, customs, quarantine and similar regulations.
Recognition of Certificates and Licences
1. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Party and still in force shall be recognised as valid by the other Party for the purpose of operating the agreed services provided that the requirements under which such certificates and licences were issued or rendered valid are equal to or above the minimum standards which may be established pursuant to the Convention.
2. If the privileges or conditions of the licences or certificates referred to in Paragraph 1 above, issued by the aeronautical authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, and which difference has been filed with the ICAO, the other Party may request consultations between the aeronautical authorities with a view to clarifying the practice in question.
3. Each Party reserves the right, however, to refuse to recognise for the purpose of flights above or landing within its own territory, certificates of competency and licences granted to its own nationals by the other Party.
1. Each Party may request consultations at any time concerning the safety standards maintained by the other Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within thirty (30) days of that request.
2. If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards in the areas referred to in Paragraph 1 that meet the ICAO Standards established at that time pursuant to the Convention, the other Party shall be informed of such findings and of the steps considered necessary to conform with the ICAO Standards. The other Party shall then take appropriate corrective action within an agreed time period.
3. Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an airline of one Party, on service to or from the territory of another Party, may, while within the territory of the other Party be the subject of a search by the authorised representatives of the other Party, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the ICAO Standards established at that time pursuant to the Convention.
4. When urgent action is essential to ensure the safety of an airline operation, each Party reserves the right to immediately suspend or vary the operating authorisation of an airline or airlines of the other Party.
5. Any action by one Party in accordance with Paragraph 4 above shall be discontinued once the basis for the taking of that action ceases to exist.
6. With reference to Paragraph 2, if it is determined that one Party remains in non-compliance with ICAO Standards when the agreed time period has lapsed, the Secretary General of ICAO should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.
1. Consistent with their rights and obligations under international law, the 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 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 and the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, as well as with any other convention and protocol relating to the security of civil aviation to which both Parties adhere.
2. The Parties shall provide upon request all appropriate 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 Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by ICAO and designated as Annexes to the Convention; they 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 territory and the operators of airports in their territory act in conformity with such aviation security provisions. Each Party shall advise the other Party of any difference between its national regulations and practices and the aviation security standards of the Annexes. Either Party may request immediate consultations with the other Party at any time to discuss any such differences.
4. Each Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in Paragraph 3 above required by the other Party for entry into, departure from, or, while within, the territory of that other Party. Each 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 and aircraft stores prior to and during boarding or loading. Each Party shall also give sympathetic consideration to all requests from the other 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 Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
6. Each Party shall have the right, within sixty (60) days following notification, for its aeronautical authorities to conduct an assessment in the territory of the other Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the territory of the first Party. The administrative arrangements for the conduct of such assessments shall be agreed between the aeronautical authorities and implemented without delay so as to ensure that assessments will be conducted expeditiously. All assessments shall be covered by a specific agreement on the protection of information between the aeronautical authorities of both Parties.
7. When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the first Party may request consultations. Such consultations shall start within fifteen (15) days of receipt of such a request from either Party. Failure to reach a satisfactory agreement within fifteen (15) days from the start of consultations shall constitute grounds for withholding, revoking, suspending or imposing conditions on the authorisations of the designated airline(s) by the other Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Party may take interim action at any time.
1. Each Party shall, on the basis of reciprocity, exempt a designated airline of the other Party to the fullest extent possible under its national law from import restrictions, customs duties, excise taxes, inspection fees and other national duties and charges, on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts including engines, regular aircraft equipment, aircraft stores and other items such as printed ticket stock, air waybills, any printed material which bears the insignia of the designated airline printed thereon and usual publicity material distributed free of charge by that designated airline intended for use or used solely in connection with the operation or servicing of aircraft of the designated airline of such other Party operating the agreed services.
2. The exemptions granted by this Article shall apply to the items referred to in Paragraph 1:
a) introduced into the territory of the Party by or on behalf of the designated airline of the other Party;
b) retained on board aircraft of the designated airline of one Party upon arrival in or leaving the territory of the other Party; or
c) taken on board aircraft of the designated airline of one Party in the territory of the other Party and intended for use in operating the agreed services;
whether or not such items are used or consumed wholly within the territory of the Party granting the exemption, provided the ownership of such items is not transferred in the territory of the said Party.
3. The regular airborne equipment, as well as the materials and supplies normally retained on board the aircraft of a designated airline of either Party, may be unloaded in the territory of the other Party only with the approval of the customs authorities of that territory. 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.
4. The exemptions provided for by this Article shall also be available in situations where a designated airline of one Party has entered into arrangements with another airline or airlines for the loan or transfer in the area of the other Party of the regular equipment and the other items referred to in Paragraph 1 of this Article, provided that other airline or airlines similarly enjoy such exemptions from that other Party.
5. Save in relation to measures concerning security, passengers, baggage, cargo and mail in direct transit shall be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes, subject to each Party's national laws, and on the basis of reciprocity.
6. The relief from customs duties, excise taxes, inspection fees and other national duties and charges shall not be extended to charges based on the cost of services provided to the designated airline(s) of a Party in the territory of the other Party.
1. Capital represented by aircraft operated in international air services by a designated airline shall be taxable only in the territory of the Party in which the place of effective management of the designated airline is situated.
2. Profits from the operation of the aircraft of a designated airline in international air services as well as goods and services supplied to it shall be taxable according to the laws and regulations of each Party, which shall endeavor to conclude a special agreement for the avoidance of double taxation.
1. Each Party shall allow each designated airline to determine the frequency and capacity of the international air transportation it offers based on commercial considerations of the marketplace.
2. Neither Party shall unilaterally limit the volume of traffic, frequency, or regularity of service, or the aircraft type or types operated by the designated airline(s) of the other Party, except as may be required for customs, technical, operational, or environmental reasons under uniform conditions consistent with Article 15 of the Convention.
3. Each Party shall take appropriate action to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of a designated airline of the other Party.
1. Prices charged for air services operated under this Agreement may be freely established by the designated airline(s) and shall not be subject to approval.
2. Each Party may require notification to or filing with the authorities by the designated airline(s) of prices for transportation originating from its territory.
3. The aeronauthical authorities of each Party may request consultations with the aeronautical authorities of the other Party on any price charged by a designated airline of the other Party for international air services to or from the territory of the first Party, including prices for which a notice of dissatisfaction has been given. These consultations shall be held no later than fifteen (15) days after the receipt of the request. The aeronautical authorities of both Parties shall cooperate in securing the necessary information for reasoned resolution of the issue. If an agreement is reached with respect to a price for which a notice of dissatisfaction has been given, the aeronautical authorities of each Party shall use their best efforts to put that agreement into effect. If such mutual agreement is not reached, the price shall go into effect or continue in effect.
1. The Parties shall inform each other, upon request, about their competition laws, policies and practices or changes thereto, and any particular objectives thereof, which could affect the operation of air transport services under this Agreement and shall identify the authorities responsible for their implementation.
2. The Parties shall notify each other whenever they consider that there may be incompatibility between the application of their competition laws, policies and practices and the matters related to the operation of this Agreement.
3. Notwithstanding any other provision to the contrary, nothing in this Agreement shall
a) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition;
b) reinforce the effects of any such agreement, decision or concerted practice; or
c) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
1. Each Party shall accord to the designated airline(s) of the other Party the right to sell and market international air services in its territory directly or through agents or other intermediaries of the designated airline's choice, including the right to establish offices, both on-line and off-line.
2. Each designated airline shall have the right to sell international air services in the currency of that territory or, subject to its national laws and regulations, in freely convertible currencies of other countries, and any person shall be free to purchase such international air services in currencies accepted by that designated airline.
3. The designated airline(s) of one Party shall be allowed, on the basis of reciprocity, to bring into and to maintain in the territory of the other Party their representatives and commercial, operational and technical staff as required in connection with the operation of the agreed services.
4. The staff requirements referred to in Paragraph 3 above may, at the option of the designated airline(s) of one Party, be satisfied by its own personnel or by using the services of any other organisation, company or airline operating in the territory of the other Party and authorised to perform such services for other airlines.
5. The representatives and staff shall be subject to the laws and regulations in force of the other Party, and consistent with such laws and regulations:
a) each Party shall, on the basis of reciprocity and with the minimum of delay, make special efforts to facilitate the grant of the necessary employment authorisations, visitor visas or other similar documents to the representatives and staff referred to in Paragraph 3 of this Article; and
b) both Parties shall facilitate and expedite the requirement of employment authorisations for personnel performing certain temporary duties not exceeding ninety (90) days.
1. In operating or holding out the agreed services on the specified routes, any designated airline of one Party may enter into commercial code-share arrangements with:
a) an airline(s) of the same Party,
b) an airline(s) of the other Party;
c) an airline(s) of a third country;
d) a surface transportation provider of any country;
provided that all airlines in such arrangements:
(i) hold the appropriate authority; and
(ii) meet the requirements normally applied to such arrangements.
2. The airlines are required to file for approval any proposed cooperative arrangement with the aeronautical authorities of both Parties before its proposed introduction.
3. Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of both Parties shall be permitted, without restriction to modes of transport, to employ, in connection with international air transportation for cargo to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo transportation. Such intermodal cargo services may be offered at a single through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.
Leasing of Aircraft
Each designated airline may, in operating services authorised by this Agreement, use its own aircraft or aircraft that have been leased ("dry lease"), subleased, rented by the hour ("interchange" or "lease for hours"), or leased with crew, insurance and maintenance ("wet lease"), through a contract between airlines of either Party or third countries, observing the laws and regulations of each Party and the Protocol on the Amendment to the Chicago Convention (Article 83 bis). The aeronautical authorities of the Parties will assess the need to conclude a specific agreement establishing the conditions of transfer of responsibility for safety, as provided by the ICAO.
Conversion and Remittance of Revenues
1. Each Party shall permit the designated airline(s) of the other Party to convert and transmit abroad to the airline's choice of State, on demand, all local revenues from the sale of international air services in excess of sums locally disbursed, with conversion and remittance permitted promptly at the rate of exchange applicable as of the date of the request for conversion and remittance.
2. The conversion and remittance of such revenues shall be permitted in conformity with the applicable laws and regulations and are not subject to any administrative or exchange charges except those normally made by banks for the carrying out of such conversion and remittance.
3. The provisions of this Article do not exempt the airlines of both Parties from the duties, taxes and contributions to which they are subject.
1. Neither Party shall impose or permit to be imposed on the designated airline(s) of the other Party user charges higher than those imposed on its own airlines operating similar international services.
2. Each Party shall encourage consultations on user charges between its competent charging authority and airlines using the service and facilities provided by those charging authorities, where practicable through those airlines' representative organisations.
The aeronautical authorities of each Party shall provide or cause its designated airline(s) to provide to the aeronautical authorities of the other Party, upon request, periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services operated by the designated airline(s) of the first Party.
Approval of Schedules
1. The designated airline(s) of each Party shall submit its envisaged flight schedules for approval to the aeronautical authorities of the other Party at least thirty (30) days prior to the operation of the agreed services. The same procedure shall apply to any modification thereof.
2. For supplementary flights which the designated airline of one Party wishes to operate on the agreed services outside the approved timetable, to meet special traffic peaks, that airline must request prior permission from the aeronautical authorities of the other Party. Such requests shall usually be submitted at least five (5) working days prior to the operation of such flights.
Subject to applicable safety provisions and to applicable laws and regulations of each Party, including ICAO Standards and Recommended Practices (SARPs) contained in Annex 6 to the Convention, a designated airline may choose from among competing providers of ground handling services.
1. In a spirit of close cooperation, the aeronautical authorities of the 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 or discussing any problem related thereto.
2. Such consultations shall begin within a period of forty five (45) days of the date of receipt of such a request, unless otherwise agreed by the Parties.
Any amendment or modification of this Agreement or its Annex agreed by the Parties shall come into effect on a date to be determined in an exchange of diplomatic notes, indicating that all necessary internal procedures have been completed by both Parties.
If a multilateral agreement concerning air services comes into force in respect of both Parties, the present Agreement shall be amended, after consultation, so as to conform with the provisions of that multilateral agreement.
Settlement of Disputes
1. If any dispute arises between the Parties relating to the interpretation or application of this Agreement, the Parties shall in the first place try to settle that dispute by consultations and negotiation.
2. If the Parties fail to reach a settlement of the dispute by negotiation, the dispute shall be settled through diplomatic channels.
3. If the dispute cannot be settled through diplomatic channels, the dispute shall, at the request of either Party, be referred to a person or body for decision by agreement of the Parties (Mediation or Arbitration).
Either Party may, at any time, give notice in writing, through diplomatic channels, to the other Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to ICAO. This Agreement shall terminate one year after the date of receipt of the notice by the other Party, unless the notice is withdrawn by agreement before the end of this period. In the absence of acknowledgement of receipt by the other Party, the notice shall be deemed to have been received fourteen (14) days after receipt of the notice by ICAO.
Registration with ICAO
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
Entry into Force
This Agreement shall enter into force on a date to be determined in an exchange of diplomatic notes indicating that all necessary internal procedures have been completed by both Parties.
In witness whereof the undersigned, being duly authorised by their respective Governments, have signed the present Agreement.
Done at Kingston this 13th day of February, 2014, in English and in Portuguese, each of which shall be of equal authenticity.