27. pants

Stāšanās spēkā

Šis Nolīgums stājas spēkā pēc sešdesmit (60) dienām pēc

datuma, kad saņemts pēdējais no paziņojumiem, ar kuriem

Līgumslēdzējas Puses, izmantojot diplomātiskos kanālus, viena

otrai paziņojušas, ka ir pabeigtas to konstitucionālās

procedūras, lai šis Nolīgums stātos spēkā.

TO APLIECINOT, apakšā parakstījušies, savu attiecīgo valdību

pienācīgi pilnvaroti pārstāvji, ir parakstījuši šo Nolīgumu.

Parakstīts Bogotā, 2021. gada 6. decembrī, divos identiskos

eksemplāros latviešu, angļu un spāņu valodās, kur visi teksti ir

vienlīdz autentiski. Atšķirīgas interpretācijas gadījumā

noteicošais ir teksts angļu valodā.

Latvijas

Republikas

valdības vārdā:

Satiksmes ministrijas valsts

sekretāre

Ilonda

Stepanova

Čīles

Republikas

valdības vārdā:

Satiksmes un telekomunikāciju

ministrijas ģenerālsekretārs

Martins

Makkenna Rueda

Pielikums

Pārējo šā Nolīguma 3. un 4.pantā minēto valstu saraksts:

a) Islandes Republika (saskaņā ar Eiropas Ekonomikas zonas

līgumu);

b) Lihtenšteinas Firstiste (saskaņā ar Eiropas Ekonomikas

zonas līgumu);

c) Norvēģijas Karaliste (saskaņā ar Eiropas Ekonomikas zonas

līgumu);

d) Šveices Konfederācija (saskaņā ar Nolīgumu starp Eiropas

Kopienu un Šveices Konfederāciju par gaisa transportu).

AIR SERVICES AGREEMENT BETWEEN THE

GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE

REPUBLIC OF CHILE

The Government of the Republic of Latvia and the Government of

the Republic of Chile, hereinafter referred to as "the

Contracting Parties";

Desiring to promote an aviation system based on competition

among airlines in the marketplace, with minimum government

interference and regulation, and equal opportunities;

Desiring to facilitate the expansion of international air

services;

Recognizing that efficient and competitive international air

services enhance trade, the welfare of consumers, and economic

growth;

Desiring to make it possible for airlines to offer the

traveling and shipping public a variety of service options at the

lowest prices that are not discriminatory and do not represent

abuse of a dominant position, and wishing to encourage individual

airlines to develop and implement innovative and competitive

prices; and

Desiring to ensure the highest degree of safety and security

in international air services and reaffirming their serious

concern about acts or threats against the security of aircraft,

which jeopardize the safety of persons or property, adversely

affect the operation of air transportation, and undermine public

confidence in the safety of civil aviation;

Being parties to the Convention on International Civil

Aviation opened for signature at Chicago on December 7, 1944;

Have agreed as follows:

ARTICLE 1

DEFINITIONS

1. For the purposes of this Agreement, unless otherwise

stated, the term:

a) "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 Contracting

Parties;

b) "aeronautical authorities" means, in the case of

the Republic of Latvia, the Ministry of Transport; in the case of

the Republic of Chile - the Civil Aeronautics Board; or in both

cases any other authority or person empowered to perform the

functions now exercised by the said authorities;

c) "Agreement" means this Agreement as well as any

amendments thereto;

d) "code sharing" means a business arrangement among

designated airlines of both Contracting Parties and/or third

country airlines under which they jointly operate a specific

route for carrying passengers, cargo, and mail, one as operator

and marketer and the other as marketer.

e) "air transportation" means the public carriage by

aircraft of passengers, baggage, cargo and mail, separately or in

combination, for remuneration or hire;

f) "designated airline" means an airline which has

been designated and authorized in accordance with Article 3 of

this Agreement;

g) "cabotage" means air transportation in which

passengers, baggage, cargo and mail which are taken on board in a

State's territory are destined to another point in that same

State's territory;

h) "ICAO" means the International Civil Aviation

Organization;

i) "intermodal air transportation" means the public

carriage by aircraft and by one or more surface modes of

transport of passengers, baggage, cargo and mail, separately or

in combination, for remuneration or hire;

j) "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;

k) "territory" has the meaning assigned to it in

Article 2 of the Convention;

l) "user charges" means a charge made to airlines by

the competent authorities, or permitted by them to be made, for

the provision of airport 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) "air service", "international air

service", "airline", and "stop for

non-traffic purposes", have the meanings assigned to them in

Article 96 of the Convention;

n) "EU Member States" means Member States of the

European Union;

o) "EU Treaties" means the Treaty on European Union

and the Treaty on the Functioning of the European Union.

2. References in this Agreement to nationals of the Republic

of Latvia shall be understood as referring to nationals of

European Union Member States. References in this Agreement to

airline or airlines of the Republic of Latvia shall be understood

as referring to airline or airlines designated by the Republic of

Latvia.

ARTICLE 2

GRANT OF RIGHTS

1. Each Contracting Party grants to the other Contracting

Party the following rights for the purpose of operating air

services by the designated airlines of the other Party:

a) the right to fly without landing across its territory;

b) the right to make stops in its territory for non-traffic

purposes;

c) the right to provide air services, for passengers and

cargo, between points in both Contracting Parties and between the

territory of the other Contracting Party and any third country,

directly or through its own territory, and such air services

shall include any point of the territory of the Contracting Party

designating the airline; without limitations regarding routes,

frequencies, and types of aircraft, that can be its own, hired or

chartered.

2. The rights other than those specified in paragraph 1 of

this Article are subject to an agreement between the aeronautical

authorities of both Contracting Parties.

3. The designated airlines of one Contracting Party shall have

the right to use all airways, airports, and other facilities in

the territory of the other Contracting Party on a

non-discriminatory basis.

4. Each designated airline of either Contracting Party may, on

any or all flights and at its option:

a) operate flights in either or both directions;

b) combine different flight numbers within one aircraft

operation;

c) serve behind, intermediate, and beyond points, and points

within the territories of the Parties on any route in any

combination and in any order;

d) omit stops at any point or points, provided that the air

services on these routes include a point in the territory of the

Contracting Party designating the airline;

e) transfer traffic from any of its aircraft to any other

aircraft at any point on the routes, including those operated

under any of the modalities specified in Articles 13

(Codesharing/Cooperative Arrangements) and 14 (Aircraft

Leasing), at any point on any route; and

f) serve points behind any point in its territory, with or

without change of aircraft or flight number, and may hold out and

advertise such services to the public as direct services.

5. The airline(s) of each Contracting Party, other than those

designated under Article 3 and 4 of this Agreement, shall also

enjoy the rights specified in paragraphs 1 a) and b) of this

Article.

ARTICLE

3

DESIGNATION OF AIRLINES AND OPERATING

AUTHORIZATION

1. Each Contracting Party shall have the right to designate in

writing to the other Contracting Party one or several airlines

for the purpose of operating the agreed services on the specified

routes.

2. Each Contracting Party shall have the right to withdraw or

alter such designation by written notification to other

Contracting Party.

3. On receipt of such a designation the other Contracting

Party shall grant the appropriate authorisations and permissions

with minimum procedural delay, provided:

a) 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 in

accordance with European Union law; and

ii) effective regulatory control of the airline is exercised

and maintained by the European Union 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 is owned, directly or through majority

ownership, and it is effectively controlled by Member States of

the European Union or the European Free Trade Association and/or

by nationals of such states;

b) in the case of an airline designated by the Republic of

Chile:

i) it is established in the territory of the Republic of Chile

and is licensed in accordance with the applicable law of the

Republic of Chile; and

ii) effective regulatory control of the airline is exercised

and maintained by the Republic of Chile responsible for issuing

its Air Operator's Certificate and the relevant aeronautical

authority is clearly identified in the designation; and

iii) the airline is incorporated and has its principal place

of business in the territory of the Republic of Chile.

c) The aeronautical authorities of one Contracting Party may

require an airline designated by the other Contracting Party to

satisfy them that it is qualified to fulfill the conditions

prescribed under the laws and regulations normally and reasonably

applied to the operation of international air services by such

authorities in conformity with the provisions of the

Convention.

4. When an airline has been so designated and authorized it

may begin at any time to operate the agreed services, provided

that the airline complies with all applicable provisions of this

Agreement.

ARTICLE 4

REFUSAL, REVOCATION OR SUSPENSION OF OPERATING AUTHORIZATION

1. Either Contracting Party may revoke, suspend or limit the

operating authorisation 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

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 in accordance with European Union law; or

ii) effective regulatory control of the airline is not

exercised or not maintained by the European Union 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 is not owned, directly or through majority

ownership, or it is not effectively controlled by Member States

of the European Union or the European Free Trade Association

and/or by nationals of such states; or

iv) the Republic of Chile considers that, by exercising

traffic rights under this Agreement, the airline would be

circumventing restrictions on traffic rights imposed by a

bilateral agreement between the Republic of Chile and another

Member State of the European Union or the European Free Trade

Association; or

v) the airline holds an Air Operators Certificate issued by a

Member State of the European Union or the European Free Trade

Association, and there is no bilateral air services agreement

between the Republic of Chile and that State, and traffic rights

to that State have been denied to an airline designated by the

Republic of Chile.

b) in the case of an airline designated by the Republic of

Chile:

i) it is not established in the territory of the Republic of

Chile or is not licensed in accordance with the applicable law of

the Republic of Chile; or

ii) effective regulatory control of the airline is not

exercised or not maintained by the Republic of Chile responsible

for issuing its Air Operator's Certificate, or the relevant

aeronautical authority is not clearly identified in the

designation; or

iii) the airline is not incorporated or does not have its

principal place of business in the territory of the Republic of

Chile;

c) in the case of failure by that airline to comply with the

laws and regulations of the Contracting Party granting these

rights, or

d) in any case in which that airline otherwise fails to

operate the agreed services in accordance with the conditions

prescribed under this Agreement, or

e) in the case of failure by the other Contracting Party to

comply with or apply the Security and Safety standards in

accordance with Articles 6 and 7 of this Agreement.

2. Unless immediate revocation, suspension or imposition of

the conditions mentioned in paragraph 1 of this Article is

essential to prevent further infringements of laws and/or

regulations, such right shall be exercised only after

consultations with the aeronautical authorities of the other

Contracting Party. Such consultations shall begin within a period

of thirty (30) days from the date of a request for

consultations.

ARTICLE 5

APPLICATION OF LAWS

1. The laws and regulations of one Contracting Party governing

entry into, stay in 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 of the other

Contracting Party.

2. The laws and regulations of one Contracting Party relating

to the entry into, stay in and departure from its territory of

passengers, crew and cargo including mail such as those regarding

immigration, customs, currency and health and quarantine shall

apply to passengers, crew, cargo and mail carried by the aircraft

of the designated airline of the other Contracting Party while

they are within the said territory.

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 air transportation in the

application of its immigration, customs, quarantine and similar

regulations.

ARTICLE 6

SAFETY

1. Each Contracting Party may request consultations at any

time concerning the safety standards maintained by the other

Contracting Party in areas relating to aeronautical facilities,

flight crew, aircraft and the operation of the designated

airline(s). 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 the areas referred to

in paragraph 1 of this Article that meet the Standards

established at that time pursuant to the Convention, the other

Contracting Party shall be informed of such findings and of the

steps considered necessary to conform with the standards that may

be established pursuant the Convention. The other Contracting

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 Contracting Party, on service to or from the territory of

the other Contracting Party, may, while within the territory of

the other Contracting Party be the subject of a search by the

authorized representatives of the other Contracting 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 Standards established at

that time pursuant to the Convention.

4. When urgent action is essential to ensure the safety of an

airline operation, each Contracting Party reserves the right to

immediately suspend or vary the operating authorization of an

airline(s) of the other Contracting Party.

5. Any action by one Contracting Party in accordance with

paragraph 4 of this Article shall be discontinued once the basis

for the taking of that action ceases to exist.

ARTICLE 7

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, Supplementary to the

Convention for the Suppression of Unlawful Acts against the

Safety of Civil Aviation done at Montreal on 23 September 1971,

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 which both Contracting Parties adhere to.

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 ICAO and designated as Annexes to the Convention,

insofar as such provisions are applicable to the Contracting

Parties; 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.

4. Each Contracting Party agrees that such operators of

aircraft shall be required to observe the aviation security

provisions required by the other Contracting Party for entry

into, departure from, or while within, the territory of that

other Contracting Party, in conformity with the laws and

regulations in force in that Contracting Party, including, in the

case of the Republic of Latvia, European Union law. 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

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 provisions

of this Article, the first Contracting Party may request

consultations. Such consultations shall start within fifteen (15)

days of receipt of such a request from either Contracting 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

authorizations of the airline or airlines designated by the other

Contracting Party. When justified by an emergency, or to prevent

further non-compliance with the provisions of this Article, the

first Contracting Party may take interim action prior to the

expiry of fifteen (15) days.

ARTICLE 8

STATISTICS

The aeronautical authorities of both Contracting Parties shall

supply each other, on request, with periodic statistics or other

similar information relating to the traffic carried on the agreed

services.

ARTICLE 9

RECOGNITION OF CERTIFICATES

1. Certificates of airworthiness, certificates of competency

and licenses issued or rendered valid by one Contracting Party

and still in force shall be recognized as valid by the other

Contracting 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 of this Article, issued

by the competent authorities of one Contracting 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

Contracting Party may request consultations between the

aeronautical authorities with a view to clarifying the practice

in question.

3. Each Contracting Party reserves the right, however, to

refuse to recognize for the purpose of flights above or landing

within its own territory, certificates of competency and licenses

granted to its own nationals by the other Contracting Party.

ARTICLE 10

GROUND HANDLING

1. Subject to the laws and regulations of the Contracting

Parties, and in case of the Republic of Latvia, European Union

law, each Contracting Party shall authorize airline(s) of the

other Contracting Party, at each airline's choice, to:

a) perform its own ground handling services;

b) handle another or other airline(s);

c) join with others in forming a service-providing entity;

and/or

d) select among competing service providers.

2. A designated airline(s) of one Contracting Party is

permitted to choose freely from among the alternatives available

in the territory of the other Contracting Party and to combine or

change its option, except where this is demonstrably impractical

and also where constrained by relevant safety and security

considerations, and (with the exception of self-handling in

paragraph 1) by the scale of airport operations being too small

to sustain competitive providers.

3. Contracting Parties would always be required to take the

necessary measures to ensure reasonable cost-based pricing and

fair and equal treatment for the designated airline(s) of the

other Contracting Party.

ARTICLE 11

COMMERCIAL ACTIVITIES

1. The designated airline(s) of each Contracting Party shall

have the right to maintain in the territory of the other

Contracting Party, within the scope of the laws and regulations

in force therein, such offices and administrative, commercial and

technical personnel as may be necessary for the requirements of

the designated airline concerned.

2. The establishment of the offices and the employment of the

personnel referred to in paragraph 1 of this Article shall be

subject to the laws and regulations of the Contracting Party

concerned, such as the laws and regulations relating to the

admission of foreigners and their stay in the territory of the

Contracting Party concerned. The personnel employed in the

offices according to paragraph 1 of this Article shall comply

with the regulations of the receiving Contracting Party

concerning entry, residence and employment.

3. The designated airline(s) of one Contracting Party shall be

free to sell air transport services on their own transportation

documents in the territory of other Contracting Party, either

directly or through an agent, in the national currency. Each

Contracting Party shall refrain from restricting the right of the

designated airline(s) of the other Contracting Party to sell, and

of any person to purchase such transportation.

ARTICLE 12

CURRENCY CONVERSION AND REMITTANCE OF EARNINGS

1. The designated airline(s) of the Contracting Parties shall

be free to transfer the excess of the receipts over expenditure

in the territory of the sale.

2. Such transfers shall be effected in a freely convertible

currency at the official rate of exchange and shall not, with the

exception of normal banking charges and procedures, be subject to

any charge, limitation, imposition or delay.

3. Where a special agreement for avoidance of double taxation

with respect to taxes on income and capital exists between the

Contracting Parties, the provisions of such agreement shall

prevail.

ARTICLE 13

CODESHARING/COOPERATIVE ARRANGEMENTS

In operating or holding out the authorized services, any

designated airline of one Contracting Party may enter into

cooperative marketing arrangements such as blocked space or

codesharing arrangements, with:

a) an airline or airlines of either Contracting Party; or

b) an airline or airlines of a third country;

provided, that the airline or airlines in such arrangements

hold the necessary traffic rights and that tickets and/or

airwaybills make it clear to the purchaser at the point of sale,

at check-in, and before boarding where no check-in is required

for connecting flights, which airline will actually operate each

sector of the service and with which airline(s) the purchaser is

entering into a contractual relationship.

ARTICLE 14

AIRCRAFT LEASING

1. The designated airlines of each Contracting Party may

provide services under this Agreement by using aircraft leased

from any company, including airlines of third countries, provided

that all participants in such arrangements meet the laws and

regulations normally applied by the Contracting Parties to such

arrangements.

2. Wet-leasing of aircraft shall be approved by the

Aeronautical Authorities of each Contracting Party considering

specific reasons informed by the designated airline.

3. Either Contracting Party may prevent the use of leased

aircraft for services under this Agreement which does not comply

with Articles 6 (Safety) and 7 (Security).

ARTICLE 15

INTERMODAL AIR TRANSPORTATION

The designated airlines of each Contracting Party shall have

the right to employ, in connection with their air services, any

surface transport to or from any point in the territories of the

Contracting Parties or third countries. The designated airlines

may elect to perform its own surface transport or to provide it

through arrangements, including code-share, with other surface

carriers, subject to laws and regulations in force in the

territory of a Contracting Party concerned. The intermodal air

transportation may be offered as a direct service and at a single

price for the air and surface transport combined, provided that

passengers and shippers are informed as to the facts concerning

such transport.

ARTICLE 16

CUSTOMS 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 17

USER CHARGES

1. Neither Contracting Party shall impose or permit to be

imposed on the designated airlines of the other Contracting Party

user charges higher than those imposed on its own airlines

operating similar air services.

2. Each Contracting 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 organizations. Reasonable notice of any proposals

for changes in user charges should be given to such users to

enable them to express their views before changes are made. Each

Contracting Party shall further encourage its competent charging

authority and such users to exchange appropriate information

concerning user charges.

ARTICLE 18

CAPACITY

1. Each Contracting Party shall allow each designated airline

to freely determine the frequency and capacity of the air

services it offers.

2. Neither Contracting Party shall unilaterally limit the

volume of traffic, frequency, or regularity of service, or the

aircraft type or types operated by the designated airlines of the

other Contracting Party, except as may be required for customs,

technical, operational, or environmental reasons under uniform

conditions consistent with Article 15 of the Convention and

always on a non-discriminatory basis.

3. A Contracting Party may require the filing of schedules. In

such case, it shall minimize the administrative burdens of filing

requirements and procedures on air services intermediaries and on

designated airlines of the other Contracting Party.

ARTICLE 19

COMPETITION LAWS

1. Each designated airline shall have a fair competitive

environment under the competition laws of the Contracting

Parties.

2. The Contracting Parties shall inform each other about their

competition laws, policies and practices or changes thereto, and

any particular objectives thereof, which could affect the

operation of air services under this Agreement and shall identify

the authorities responsible for their implementation.

3. The Contracting Parties shall, to the extent permitted

under their own laws and regulations, assist each other's

airlines by providing guidance as to the compatibility of any

proposed airline practice with their competition laws, policies

and practices.

4. The Contracting 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; the

consultation process contained in this Agreement shall, if so

requested by either Contracting Party, be used to determine

whether such a conflict exists and to seek ways of resolving or

minimizing it.

5. The Contracting Parties shall notify one another of their

intention to begin proceedings against each other's airline(s) or

of the institution of any relevant private legal actions under

their competition laws which may come to their attention.

6. Without prejudice to the right of action of either

Contracting Party the consultation process contained in this

Agreement shall be used whenever either Contracting Party so

requests and should aim to identify the respective interests of

the Contracting Parties and the likely implications arising from

the particular competition law action.

7. The Contracting Parties shall endeavor to reach agreement

during such consultations, having due regard to the relevant

interests of each Contracting Party and to alternative means

which might also achieve the objectives of that competition law

action.

8. In the event an agreement is not reached, each Contracting

Party shall, in implementing its competition laws, policies and

practices, give full and sympathetic consideration to the views

expressed by the other Contracting Party and shall have regard to

international comity, moderation and restraint.

9. The Contracting Party under whose competition laws a

private legal action has been instituted shall facilitate access

by the other Contracting Party to the relevant judicial body

and/or, as appropriate, provide information to that body. Such

information could include its own foreign relations interests,

the interests of the other Contracting Party as notified by that

Contracting Party and, if possible, the results of any

consultation with that other Contracting Party concerning the

action.

10. The Contracting Parties shall cooperate, to the extent not

precluded by their national laws or policies and in accordance

with any applicable international obligations, in allowing the

disclosure by their airlines or other nationals of information

pertinent to a competition law action to the competent

authorities of each other, provided that such cooperation or

disclosure would not be contrary to their significant national

interests.

11. While an action taken by the competition law authorities

of one Contracting Party is the subject of consultations with the

other Contracting Party, the Contracting Party in whose territory

the action is being taken shall, pending the outcome of these

consultations, refrain from requiring the disclosure of

information situated in the territory of the other Contracting

Party and that other Contracting Party shall refrain from

applying any blocking legislation.

ARTICLE 20

PRICES

1. Designated airlines of either of the Contracting Party

shall be free to establish the prices for air transportation.

Intervention by the Contracting Parties shall be limited to:

a) prevention of unreasonably discriminatory prices or

practices;

b) consumer protection from prices that are unreasonably high

or restrictive due to the abuse of a dominant position; and

c) protection of the designated airlines of the Contracting

Parties from prices that are artificially low due to direct or

indirect governmental subsidy or support, or where evidence

exists as to an intent to eliminate competition.

2. Neither aeronautical authority of the Contracting Parties

shall take unilateral action to prevent the inauguration of a

proposed price or the continuation of an effective price of a

designated airline of either Contracting Party for carriage under

this Agreement.

3. The Contracting Parties may require airlines to register

their prices for information purposes, and in a

non-discriminatory basis.

4. Each Contracting Party may request consultation regarding

any price of an airline of either Contracting Party for services

covered by this Agreement. Such consultations shall be held not

later than thirty (30) days after receipt of the request. The

Contracting Parties shall cooperate in securing information

necessary for reasonable resolution of the issue. If the

Contracting Parties reach agreement with respect to a price for

which notice of dissatisfaction has been given, each Contracting

Party shall use its best efforts to put that agreement into

effect but if no agreement is reached the price in question shall

go into or continue in effect.

ARTICLE 21

CONSULTATIONS AND AMENDMENTS

1. Either Contracting Party may, at any time, request

consultation on the interpretation, application, implementation

or amendment of this Agreement or compliance with this Agreement

and its Annex.

2. Such consultations, which may be through discussion or by

correspondence, shall begin within a period of forty-five (45)

days from the date the other Contracting Party receives a written

request, unless otherwise agreed by the Contracting Parties.

3. Either Contracting Party may at any time request

consultation with the other Contracting Party for the purpose of

amending the present Agreement including its Annexes. Such

consultation shall begin within a period of sixty (60) days from

the date of receipt of such request. Such consultations may be

conducted through discussion or by correspondence.

4. Any amendment of this Agreement including its Annexes or so

agreed shall enter into force in accordance with Article 27 of

this Agreement.

ARTICLE 22

SETTLEMENT OF DISPUTES

1. Any dispute arising between the Contracting Parties as to

the interpretation or application of this Agreement shall be

first settled by consultations between the Contracting Parties.

If the Contracting Parties fail to reach a settlement through

consultation, they can agree to submit the dispute to an arbitral

panel.

2. This arbitral panel shall be composed of three members

established as follows:

a) each Contracting Party shall designate an arbitrator within

thirty (30) days after receipt of the request of arbitration.

Within sixty (60) days after the two arbitrators have been

appointed, they shall appoint, by mutual agreement, a third

arbitrator, who will act as President of the arbitration panel;

and

b) if either Contracting Party does not designate an

arbitrator or if the third arbitrator is not designated as stated

in subparagraph a), the arbitrator or arbitrators shall, at the

request of either Contracting Party, be designated by the

President of the Council of the ICAO within thirty (30) days. If

the President of the Council is a national of either Contracting

Party, or for any reason may not act in accordance with this

Article, the appointment shall be made by the most senior Vice

President who is not disqualified for the same reason.

3. The Contracting Parties undertake to comply with the

procedure, decisions and the judgment handed down by the arbitral

panel. If decisions handed down in accordance with this Article

are not observed by either Contracting Party or the designated

airlines of either of them, the other Contracting Party may

limit, impede, or revoke any right or privilege granted to the

other non-compliant Contracting Party pursuant to this

Agreement.

4. Costs incurred as a result of the arbitral panel shall be

shared equally by the Contracting Parties.

ARTICLE 23

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 ICAO. This Agreement

shall terminate twelve (12) months after the date of receipt of

the notice by the other Contracting Party, unless the notice is

withdrawn by agreement before the end 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 ICAO.

ARTICLE 24

MULTILATERAL AGREEMENT

If a multilateral agreement concerning air transport comes

into force in respect of both Contracting Parties, the present

Agreement shall be deemed to be amended so as to conform with the

provisions of that multilateral agreement.

ARTICLE 25

REGISTRATION WITH ICAO

This Agreement and any amendment thereto shall be registered

upon its signature with the ICAO by both Contracting Parties.

ARTICLE 26

NON-DISCRIMINATION

The Contracting Parties understand that this Agreement is

based on the principle of non-discrimination, in terms that each

Contracting Party shall grant to the other Contracting Party an

equal and non-discriminatory treatment concerning the airlines

designated by each Contracting Party, particularly in relation to

the rights and obligations set forth in this Agreement,

including, but not limited to, taxes, tariffs, prices, commercial

opportunities, security, use of airports, landing permits,

assignment of slots, or the exercise of the traffic rights agreed

in this Agreement.

ARTICLE 27

ENTRY INTO FORCE

This Agreement shall enter into force sixty (60) days after

the date of the receipt of the later of notifications by which

the Contracting Parties have notified each other through

diplomatic channels that their constitutional procedures for the

entry into force of this agreement have been completed.

IN WITNESS WHEREOF the undersigned, being duly authorized by

their respective Governments, have signed this Agreement.

DONE AT Boogota, this 6 day of December, 2021, in two

identical copies, in the Latvian, English and Spanish languages,

each text being equally authentic. In case of divergence between

the texts, the English language version shall prevail.

For the

government

of the Republic of Latvia

Ilonda

Stepanova

State Secretary

of the Ministry of Transport

For the

government

of the Republic of Chile

Martin

Mackenna Rueda

Secretary General of the

Ministry

of Transport and Telecommunications

ANNEX

List of other states referred to in Article 3 and 4 of this

Agreement:

a) The Republic of Iceland (under the Agreement on the

European Economic Area);

b) The Principality of Liechtenstein (under the Agreement on

the European Economic Area);

c) The Kingdom of Norway (under the Agreement on the European

Economic Area);

d) The Swiss Confederation (under the Agreement between the

European Community and the Swiss Confederation on Air

Transport).