Vairogs25. pants
Spēkā · redakcija pārbaudīta 2026-05-18
Stāšanās spēkā
Šis Nolīgums stājas spēkā dienā, kad ir saņemts vēlākais no
paziņojumiem, ar kuriem abas Līgumslēdzējas Puses pa
diplomātiskajiem kanāliem ir paziņojušas viena otrai par to, ka
saskaņā ar to attiecīgajām iekšējām procedūrām ir izpildītas
prasības, lai Nolīgums stātos spēkā.
Parakstīts Kualalumpurā, Malaizijā, 2024. gada
22. oktobrī trīs oriģināleksemplāros, latviešu, spāņu un
angļu valodās. Visi teksti ir vienlīdz autentiski. Atšķirīgas
interpretācijas gadījumā noteicošais ir teksts angļu valodā.
Latvijas
Republikas
valdības vārdā
Elīna
Šimiņa-Neverovska
Satiksmes ministrijas
valsts sekretāra vietniece
Dominikānas Republikas
valdības vārdā
Hectors Porcella
Dumas
Civilās aviācijas pārvaldes
prezidents
Latvijas Republikas valdības
un
Dominikānas Republikas valdības
nolīguma par gaisa satiksmi pielikums
MARŠRUTU
SARAKSTS
1. 1. SARAKSTS
Maršruti, kuros pārvadājumus veic Latvijas Republikas nozīmētā
aviokompānija vai aviokompānijas:
No
Starppunkti
Uz
Punkti aiz
Punkti
Latvijā
Tiks noteikti
Punkti
Dominikānas Republikā
Tiks noteikti
Jebkuri punkti
Jebkuri punkti
2. 2. SARAKSTS
Maršruti, kuros pārvadājumus veic Dominikānas Republikas
nozīmētā aviokompānija vai aviokompānijas:
No
Starppunkti
Uz
Punkti aiz
Punkti
Dominikānas Republikā
Tiks noteikti
Punkti
Latvijā
Tiks noteikti
Jebkuri punkti
Jebkuri punkti
3. Piektās brīvības satiksmes tiesības starppunktos vai
punktos aiz otras Līgumslēdzējas Puses teritorijas var tikt
izmantotas tikai tad, ja par to panākta vienošanās starp abu
Līgumslēdzēju Pušu aviācijas institūcijām.
4. Septītās brīvības satiksmes tiesības Līgumslēdzēju Pušu
aviokompānijām ir atļautas abpusēji, veicot tikai un vienīgi
regulāros un neregulāros kravu pārvadājumus ar vienādām iespējām,
bez ierobežojumiem.
5. Kodu koplietošana
Apkalpojot vai piedāvājot pilnvarotos pakalpojumus noteiktajos
maršrutos, jebkura vienas Līgumslēdzējas Puses nozīmēta
aviokompānija var slēgt kodu koplietošanas vienošanās ar
- tās pašas Līgumslēdzējas Puses aviokompāniju vai
aviokompānijām,
- otras Līgumslēdzējas Puses aviokompāniju vai aviokompānijām,
vai
- trešās valsts aviokompāniju vai aviokompānijām ar noteikumu,
ka šāda trešā valsts pilnvaro vai atļauj līdzvērtīgas vienošanās
starp otras Līgumslēdzējas Puses aviokompānijām un citām
aviokompānijām par pakalpojumiem uz šādu trešo valsti, no tās un
caur to,
ar noteikumu, ka visām aviokompānijām, kas noslēdz šādās
vienošanās
- ir atbilstošas pilnvaras darboties attiecīgajos maršrutos un
segmentos, un
- attiecībā uz jebkuru biļeti, ko tā vai tās pārdod,
pārdošanas vietā pircējam skaidri norāda, kura aviokompānija
faktiski darbosies katrā pakalpojuma sektorā un ar kuru
aviokompāniju vai aviokompānijām pircējs noslēdz
līgumattiecības.
Abas Līgumslēdzējas Puses piekrīt, ka tirdzniecības
pārvadātāja kodu koplietošanas pakalpojumi nav jāatskaita no
divpusējās vienošanās lidojumu biežuma tiesībām.
Agreement
between
the Government of the Republic of Latvia
and the Government of the Dominican Republic
on Air Services
The Government of the Republic of Latvia and the Government of
the Dominican Republic, hereinafter referred to as "the
Contracting Parties";
Being Parties to the Convention on International Civil
Aviation opened for signature at Chicago on 7 December 1944;
Desiring to conclude an Agreement in conformity with and
supplementary to the said Convention for the purpose of
establishing air services between and beyond their respective
territories of each state based on the principle of
reciprocity,
Have agreed as follows:
Article 1
Definitions
1. For the purposes of this Agreement, unless the context
otherwise requires:
a) the term "Convention" means the Convention
on International Civil Aviation opened for signature at Chicago
on 7 December 1944, and includes any Annex adopted under Article
90 of that Convention and any amendment of the Annexes and
Convention adopted under Articles 90 and 94 thereof so far as
those Annexes and amendments have become effective for or have
been ratified in the states of both Contracting Parties;
b) the term "aeronautical authorities" means,
in the case of the Republic of Latvia, the Ministry of Transport,
and in the case of the Dominican Republic, the Civil Aviation
Board or, in both cases, any other person or body authorized to
perform any functions at present exercised by the said
aeronautical authorities;
c) the term "designated airline" means an
airline which has been designated and authorized in accordance
with Article 4 of this Agreement;
d) the term "territory" in relation to the
Contracting Parties is understood as the territory of the
Republic of Latvia or the territory of the Dominican Republic, as
the context requires, and has the meaning assigned to it in
Article 2 of the Convention; and shall read as follow: "For
the purposes of this Convention the territory of a State shall be
deemed to be the land areas and territorial waters adjacent
thereto under the sovereignty, suzerainty, protection or mandate
of such State";
e) the term "sovereignty" for the
purpose of this Agreement shall have the meaning assigned to it
in Article 1 of the Convention, and shall read as follows:
"The contracting States recognize that every State has
complete and exclusive sovereignty over the airspace above its
territory";
f) the terms "air service", "international
air service", "airline" and "stop
for non-traffic purposes" have the meanings assigned
to them in Article 96 of the Convention;
g) the term "prices" means the prices to be
charged for the carriage of passengers, baggage or cargo
(excluding mail), including any significant additional benefits
to be furnished or made available in conjunction with such
carriage, and the commission to be paid on the sales of tickets
for the carriage of persons, or on corresponding transactions for
the carriage of cargo. It includes also the conditions that
govern the applicability of the price for carriage or the payment
of commission;
h) the term "Annex" means the Annex to this
Agreement. The Annex forms an integral part of this Agreement and
all references to this Agreement shall include also references to
the Annex except where explicitly agreed otherwise;
i) the term "EU Treaties" shall mean the
Treaty on European Union and the Treaty on the functioning of the
European Union.
2. Titles given to the Articles of this Agreement are for
reference purposes only.
3. References in this Agreement to nationals of the Republic
of Latvia shall be understood as referring to nationals of the
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 Traffic Rights
1. Each Contracting Party grants to the other Contracting
Party the following rights in respect of the international air
services:
a) the right to fly across its territory without landing;
b) the right to make stops in its territory for non-traffic
purposes.
2. Each Contracting Party grants to the other Contracting
Party the rights specified in this Agreement for the purpose of
operating international air services on the routes specified in
the Annex to this Agreement. Such services and routes are
hereinafter called "the agreed services" and
"the specified routes" respectively. While
operating an agreed service on a specified route the airline or
airlines designated by each Contracting Party shall enjoy, in
addition to the rights specified in paragraph 1 of this Article,
the right to make stops in the territory of the other Contracting
Party at the points specified for that route in the Annex for the
purpose of taking on and/or discharging international traffic in
passengers, baggage, cargo and mail, separately or in combination
on a commercial basis.
3. Nothing in paragraph 2 of this Article shall be deemed to
confer on a designated airline of one Contracting Party the right
of taking on board, in the territory of the other Contracting
Party, passengers, cargo and mail carried for remuneration or
hire and destined for another point in the territory of that
other Contracting Party (cabotage).
4. If because of armed conflict, political disturbances or
developments, or special and unusual circumstances, a designated
airline of one Contracting Party is unable to operate a service
on its normal routing, the other Contracting Party shall use its
best efforts to facilitate the continued operation of such
service through appropriate temporary rearrangements of
routes.
Article 3
Recognition of Certificates and Licences
1. Certificate of airworthiness, certificates of competency
and licences issued or rendered valid by competent authority one
of the Contracting Parties shall, during the period of their
validity, be recognized as valid by the other Contracting Party,
provided that the requirements under which such certificates or
licences were issued or rendered valid are equal to or above the
minimum standards which may be established pursuant to the
Convention.
2. Each Contracting Party reserves the right, however, to
refuse to recognize as valid, for the purpose of flights over its
own territory, certificate of competency and licences granted to
or rendered valid for its own states' nationals by the other
Contracting Party or by any other State.
Article 4
Designation of Airlines and Operating Authorization
1. Each Contracting Party shall have the right to designate in
writing through the diplomatic channels 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 the European Union
Member States or the European Free Trade Association Member
States and/or by nationals of such states;
b) in the case of an airline designated by the Dominican
Republic:
i) it is established, constituted, and licensed under the
applicable laws and regulations of the Dominican Republic with a
principal place of business in its national territory; and
ii) effective regulatory control of the airline is exercised
and maintained by the Dominican Republic responsible for issuing
its Air Operator's Certificate and the relevant aeronautical
authority is clearly identified in the designation; and
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 fulfil 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.
d) the Contracting Party designating the airline is in
compliance with the provisions set forth in Article 16 and
Article 17 of this Agreement; and
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, including those relating to prices.
Article 5
Refusal, revocation or suspension of operating authorization
1. Either aeronautical authority of 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 the European
Union Member States or the European Free Trade Association Member
States and/or by nationals of such states;
b) in the case of an airline designated by the Dominican
Republic:
i) it is not established, constituted, and licensed under the
applicable laws and regulations of the Dominican Republic with a
principal place of business in its national territory; or
ii) effective regulatory control of the airline is not
exercised and maintained by the Dominican Republic responsible
for issuing its Air Operator's Certificate or the relevant
aeronautical authority is not clearly identified in the
designation; or
c) in the case of failure by that airline to comply with the
applicable 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 16 and 17 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
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 6
Non-discrimination in respect of charges
Each Contracting Party shall ensure that charges that may be
imposed by its competent charging authorities or bodies on the
airlines of the other Contracting Party for the use of air
navigation and air traffic control services, airport, aviation
security and related facilities and services shall be set in
accordance with the laws and regulations of each Contracting
Party and shall not be unjustly discriminatory. In any event, any
such charges shall be assessed on the airlines of the other
Contracting Party on terms no less favourable than the most
favourable terms available to any other airline.
Article 7
Exemption from customs and other duties
1. Aircraft operated on international air services by a
designated airline of one Contracting Party, as well as their
regular equipment, spare parts, supplies of fuel and lubricants,
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 such
equipment, spare parts, supplies and 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 from the duties, fees and
charges referred to in paragraph 1 of this Article, with the
exception of charges based on the cost of the service
provided:
a) aircraft stores taken on board in the territory of one
Contracting Party within reasonable limits, for use on an
outbound aircraft engaged in an international air service of a
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 an international air service of a
designated airline of the other Contracting Party;
c) fuel, lubricants and consumable technical supplies
introduced into or supplied in the territory of one Contracting
Party for use in an international air service of a 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 territory 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 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. Necessary documents, such as timetables, air tickets and
air waybills, intended for the use of a designated airline of one
Contracting Party and introduced into the territory of the other
Contracting Party, shall be exempted from customs duties and
taxes in the latter territory.
6. Baggage and cargo in direct transit across the territory of
a Contracting Party shall be exempted from customs duties, fees
and other similar charges not based on the cost of services on
arrival or departure.
Article 8
Capacity provisions
1. The designated airlines of the Contracting Parties shall
have fair and equal opportunity to operate the agreed services on
any route specified in the Annex to this Agreement.
2. In operating the agreed services the designated airline or
airlines of each Contracting Party shall take into account the
interests of the designated airline or airlines of the other
Contracting Party so as not to affect unduly the services which
the latter provide on the whole or any part of the same
routes.
3. The agreed services provided by the designated airlines of
the Contracting Parties shall retain as their primary objective
the provision, at a reasonable load factor, of capacity adequate
to the current and reasonably anticipated requirements for the
carriage of passengers and cargo, including mail, coming from or
destined for the territory of the Contracting Party which has
designated the airline or airlines.
4. The right to take up or discharge on the agreed services
international traffic destined for and coming from third
countries at a point or points on the routes specified in the
Annex to this Agreement shall be exercised in accordance with the
general principles of orderly development of international air
transport and shall be subject to the general principle that
capacity should be related to:
a) the traffic requirements between the country of origin and
the countries of ultimate destination of the traffic; and
b) the requirements of through airline operations; and
c) the traffic requirements of the area through which the
airline passes, after taking account of local and regional air
services.
Article 9
Approval of traffic programmes
1. The airline or airlines designated by one Contracting Party
shall coordinate between them if one Contracting Party requires
to submit its or their traffic programmes (for the Summer and
Winter Traffic periods) for registration to the aeronautical
authorities of the other Contracting Party at least thirty (30)
days prior to the beginning of the operation. The programme shall
include in particular the timetables, the frequency of the
services and the types of aircraft to be used. The aeronautical
authorities shall, if it is applicable, give their decision on
such traffic programme submissions within twenty (20) days from
the date the airline concerned submits its programme for
approval.
2. Each alteration in the traffic programme as well as
requests for permission to operate additional flights shall be
submitted by the airline or airlines designated by one
Contracting Party for approval to the aeronautical authorities of
the other Contracting Party. Such requests for alteration or for
additional flights shall be dealt with promptly by the
aeronautical authorities.
Article 10
Information and statistics
The aeronautical authorities of either Contracting Party shall
supply to the aeronautical authorities of the other Contracting
Party, at their request, such information and statistics relating
to traffic carried on the agreed services by the designated
airline or airlines of the first Contracting Party to and from
the territory of the other Contracting Party as may normally be
prepared and submitted to its national aeronautical authorities.
Any additional statistical traffic data which the aeronautical
authorities of one Contracting Party may desire shall, upon
request, be a subject of mutual discussion and agreement between
the aeronautical authorities of the two Contracting Parties.
Article 11
Prices
1. Contracting Parties shall permit prices to be freely
established by the air carriers on the basis of free and fair
competition.
2. Prices for international air transport operated pursuant to
this Agreement shall not be required to be filed with the
aeronautical authorities of either Contracting Party.
3. Without limiting the application of general competition and
consumer law in each Contracting Party, intervention by the
Contracting Parties may be initiated to:
a) prevent unreasonably discriminatory prices or
practices;
b) protect consumers from prices that are unreasonably high or
unreasonably restrictive due either to the abuse of a dominant
position or to concerted practices among air carriers; and
c) protect airlines from prices that are artificially low
because of direct or indirect governmental subsidy or
support.
Article 12
Fair competition
1. There shall be fair and equal opportunity for the
designated airlines of both Contracting Parties to participate in
international air transportation covered by this Agreement.
2. Each Contracting Party shall, where necessary, take all
appropriate action within its jurisdiction to eliminate all forms
of discrimination or unfair competitive practices adversely
affecting the competitive position of the airlines of the other
Contracting Party.
Article 13
Commercial activities
1. The designated airline or airlines 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 shall be subject to the
applicable 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 above shall be granted work
permits upon application, regardless of the situation and the
development of the labour market.
3. The designated airlines of the Contracting Parties shall be
free to sell air transport services on their own transportation
documents in the territories of both Contracting Parties, either
directly or through an agent, in the national currency. Each
Contracting Party shall refrain from restricting the right of the
designated airline or airlines of the other Contracting Party to
sell, and of any person to purchase such transportation.
Article 14
Taxation and transfer of funds
1. Each Contracting Party shall permit the designated airlines
of the Contracting Party:
a) to engage in the sale of air transportation in its
territory directly or, at the discretion of the designated
airlines, through their agents and to sell transportation in the
currency of that territory or, at the discretion of the
designated airlines, in freely convertible currencies accepted by
those airlines;
b) to convert and remit abroad, on demand, funds obtained in
the normal course of their operations. The conversion and
remittance shall be permitted without restrictions or delay at
the foreign exchange market rates for current payments prevailing
at the same time of submission of the request for transfer, and
shall not be subject to any charges except normal service charges
collected by banks for those transactions; and
c) to pay local expenses, including purchases of fuel, in its
territory in local currency, or at the discretion of the
designated airlines, in freely convertible currencies subject to
the national laws, regulations or contractual provisions of each
Contracting Party.
2. 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 this special agreement
shall prevail.
Article 15
Ground Handling
1. Each Contracting Party shall permit the designated airlines
of the other Contracting Party when operating in its territory,
on the basis of reciprocity and where available, to perform their
own ground handling ("self-handling") and, at their option, to
have all or part of those services provided by one or more duly
authorized suppliers. Where the laws, regulations or contractual
provisions of each Contracting Party limit or preclude
self-handling, each Contracting Party shall treat a designated
airline on a non-discriminatory basis regarding ground handling
services provided by one or more duly authorized providers.
2. The exercise of the rights provided in paragraph 1 shall be
subject only to the physical or operational limitations resulting
from considerations of safety or aviation security at the
airport.
Article 16
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 and the Convention for
the Suppression of Unlawful Acts against the Safety of Civil
Aviation, signed at Montreal on 23 September 1971 and the
Protocol for the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation, signed at Montreal
on 24 February 1988, Convention on the Marking of
Plastic Explosives for the Purpose of Detection signed
at Montreal on 1 March 1991 or any other aviation security
convention to which the two Contracting Parties may adhere.
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 act in conformity with the
aviation security provisions and technical requirements
established by the International Civil Aviation Organization and
designated as Annexes to the Convention to the extent that such
security provisions and requirements 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 act in conformity with such aviation security
provisions.
4. Each Contracting Party agrees that such operators of
aircraft may be required to observe the aviation security
provisions and requirements referred to in paragraph 3 above
required by the other Contracting Party for entry into, departure
from, or while within the territory of that other Contracting
Party, including, in the case of the Republic of Latvia, European
Union law. Under the applicable laws and regulations 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. Should a Contracting Party depart from the aviation
security provisions of this Article, the aeronautical authorities
of the other Contracting Party may request immediate
consultations with the aeronautical authorities of the former
Contracting Party. Failure to reach a satisfactory agreement
within one month of the date of such request shall constitute
grounds for withholding, revoking, limiting or imposing
conditions on the operating authorization of an airline or
airlines of the former Contracting Party. If required by a
serious emergency, either Contracting Party may take interim
action prior to the expiry of the month.
Article 17
Aviation Safety
1. Each Contracting Party may request consultations at any
time concerning safety standards in any area relating to aircrew,
aircraft or their operation adopted by the other Contracting
Party. Such consultations shall take place within thirty (30)
days of that request.
2. If, following such consultations, one Contracting Party
finds that the other Contracting Party does not effectively
maintain and administer safety standards in any such area that
are at least equal to the minimum standards established at that
time pursuant to the Convention, the first Contracting Party
shall notify the other Contracting Party of those findings and
the steps considered necessary to conform with those minimum
standards, and that other Contracting Party shall take
appropriate corrective action. Failure by the other Contracting
Party to take appropriate action within fifteen (15) days or such
longer period as may be agreed, shall be grounds for the
application of Article 5 of this Agreement.
3. Notwithstanding the obligations mentioned in Article 33 of
the Convention it is agreed that any aircraft operated by or,
under the lease agreement, on behalf of the designated airline or
airlines of one Contracting Party on services to or from the
territory of another Contracting Party may, while within the
territory of the other Contracting Party, be made the subject of
an examination by the authorized representatives of the other
Contracting Party, on board and around the aircraft to check both
the validity of the aircraft documents and those of its crew and
the apparent condition of the aircraft and its equipment (in this
Article called "ramp inspection"), provided this does
not lead to unreasonable delay.
4. If any such ramp inspection or series of ramp inspections
gives rise to:
a) serious concerns that an aircraft or the operation of an
aircraft does not comply with the minimum standards established
at the time pursuant to the Convention, or
b) serious concerns that there is a lack of effective
maintenance and administration of safety standards established at
that time pursuant to the Convention,
the competent authority of the Contracting Party carrying out
the inspection shall, for the purposes of Article 33 of the
Convention, be free to conclude that the requirements under which
the certificate or licences in respect of that aircraft or in
respect of the crew of that aircraft had been issued or rendered
valid, or that the requirements under which that aircraft is
operated, are not equal to or above the minimum standards
established pursuant to the Convention.
5. In the event that access for the purpose of undertaking a
ramp inspection of an aircraft operated by, or, on behalf of the
designated airline of one Contracting Party in accordance with
paragraph 3 of this Article is denied by the representative of
that airline or airlines, the other Contracting Party shall be
free to infer that serious concerns of the type referred to in
paragraph 4 above arise and draw the conclusions referred to in
that paragraph.
6. Each aeronautical authority of Contracting Party reserves
the right to suspend or vary the operating authorization of a
designated airline or airlines of the other Contracting Party
immediately in the event the aeronautical authority concludes,
whether as a result of a ramp inspection, a series of ramp
inspections, a denial of access for ramp inspection,
consultations or otherwise, that immediate action is essential to
the safety of an airline operation.
7. Any action by one Contracting Party in accordance with
paragraph 2 or 6 above shall be discontinued once the basis for
the taking of that action ceases to exist.
Article 18
Application of laws and regulations
1. The applicable laws and regulations of one Contracting
Party relating to the entry into, or departure from its territory
of aircraft engaged in international air services or to the
operation and navigation of such aircraft while in the said
territory shall apply to the designated airline or airlines of
the other Contracting Party.
2. The applicable laws and regulations of one Contracting
Party governing entry into, stay in or departure from its
territory of passengers, crew, cargo or mail, such as formalities
regarding entry, exit, emigration, immigration, customs,
currency, health and quarantine shall apply to passengers, crew,
cargo and mail carried by the aircraft of the designated airline
or airlines of the other Contracting Party, while they are within
the said territory.
3. Passengers, baggage and cargo in direct transit across the
territory of either Contracting Party and not leaving the area of
the airport reserved for such purposes shall, except in respect
of security measures against acts of violence, air piracy, as
well as smuggling of narcotic drugs, be subject to no more than a
simplified control.
4. In case a carried passenger fails to comply with applicable
laws and regulations for entry into the country of other
Contracting Party an airline is obliged to transport him back on
costs of this airline.
Article 19
Applicability to Charter/ Non-scheduled Flights
1. The provisions set out in Articles 6 (Non-Discrimination in
respect of charges), 10 (Information and Statistics), 14
(Taxation and transfer of funds), 15 (Ground Handling), 16
(Aviation Security), 17 (Aviation Safety), 18 (Application of
Laws and Regulations), and 20 (Consultations) apply as well to
charter flights and other non-scheduled flights operated by air
carriers of one Contracting Party into or from the territory of
the other Contracting Party.
2. Paragraph 1 shall not affect national laws and regulations
governing the authorization of charter flights or non-scheduled
flights or the conduct of air carriers or other parties
involved.
Article 20
Consultations
Either Contracting Party may at any time request consultations
on the implementation, interpretation, application or amendment
of this Agreement or compliance with this Agreement. These
consultations, which may be held between aeronautical authorities
of the Contracting Parties, shall begin within sixty (60) days of
the date the other Contracting Party receives a request in
writing, unless the Contracting Parties mutually decide otherwise
or unless this Agreement provides otherwise.
Article 21
Settlement of disputes
1. If any dispute arises between the Contracting Parties
relating to the interpretation or application of this Agreement,
the Contracting Parties shall, in the first place, endeavour to
settle it by negotiation in accordance to procedure set by
Article 20.
2. If the Contracting Parties fail to reach a settlement by
negotiation, they may agree to refer the dispute for decision to
some person or body; if they do not so agree, the dispute shall,
at the request of either Contracting Party, be submitted for
decision to a tribunal of three arbitrators, one to be nominated
by each Contracting Party and the third to be appointed by the
two so nominated. Each of the Contracting Parties shall nominate
an arbitrator within a period of sixty (60) days from the date of
receipt by either Contracting Party from the other Contracting
Party of a notice through diplomatic channels requesting
arbitration of the dispute by such a tribunal, and the third
arbitrator shall be appointed within a further period of sixty
(60) days.
If either of the Contracting Parties fails to nominate an
arbitrator within the period specified, the President of the
Council of the International Civil Aviation Organization may at
the request of either Contracting Party appoint an arbitrator or
arbitrators as the case requires. In all cases, the third
arbitrator shall be a national of a third State and shall act as
President of the arbitral tribunal. The arbitral tribunal shall
reach its decision by majority of votes. In all other respects
the arbitral tribunal shall determine its own procedure.
3. The Contracting Parties undertake to comply with any
decisions given under paragraph 2 of this Article.
4. If and for so long as either Contracting Party fails to
comply with a decision given under paragraph 2 of this Article,
the other Contracting Party may limit, suspend or revoke any
rights or privileges which it has granted by virtue of this
Agreement to the Contracting Party in defaults.
5. Each Contracting Party shall bear the expenses and
remuneration necessary for its arbitrator; the fee for the third
arbitrator and the expenses necessary for this one as well as
those due to the activity of the arbitration shall be equally
shared by the Contracting Parties.
Article 22
Amendments
1. If either of the Contracting Parties desires to modify any
provision of this Agreement including the Annex, it should be
after consultation in accordance with Article 20 of this
Agreement.
2. This Agreement and its Annex may be modified and
supplemented by mutual consent of both Contracting Parties. Such
amendment and supplements shall be made in a form of separate
protocols being an integral part of this Agreement and shall
enter into force in accordance with the provisions of Article 25
of this Agreement.
Article 23
Registration
This Agreement and any amendments thereto shall be registered
with the International Civil Aviation Organization.
Article 24
Termination
Either Contracting Party may at any time give notice in
writing through diplomatic channels to the other Contracting
Party of its decision to terminate this Agreement. Such notice
shall be simultaneously communicated to the International Civil
Aviation Organization. This Agreement shall terminate at midnight
(at local time of the Contracting Party, which has received the
notice) upon expiration of twelve (12) months from the date of
receipt of the notice by the other Contracting Party, unless the
notice is withdrawn by agreement 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 the
International Civil Aviation Organization.
Article 25
Entry into force
This Agreement shall enter into force on the date of receipt
of the later of notifications the two Contracting Parties have
notified each other through diplomatic channels that the
requirements for its entry into force under their respective
internal procedures have been fulfilled.
Done at Kuala Lumpur, Malaysia, this 22rd day of
October, 2024, in two originals in the Latvian, Spanish and
English languages. All texts being equally authentic. In case of
divergence of interpretation, the English text shall prevail.
For the
Government of
the Republic of Latvia:
Elīna
Šimiņa-Neverovska
Deputy State Secretary
Ministry of Transport
For the Government
of
the Dominican Republic:
Héctor Porcella
Dumas
President
Civil Aviation Board
Annex
to the Agreement between
the Government of the Republic of Latvia
and the Government of the Dominican Republic
on Air Services
ROUTE
SCHEDULE
1. SCHEDULE 1
Routes to be operated by the designated airline or airlines of
the Republic of Latvia:
From
Intermediate points
To
Points beyond
Points in
Latvia
To be specified
Points in
Dominican Republic
To be specified
Any points
Any points
2. SCHEDULE 2
Routes to be operated by the designated airline or airlines of
the Dominican Republic:
From
Intermediate points
To
Points beyond
Points in
Dominican Republic
To be specified
Points in Latvia
To be specified
Any points
Any points
3. No fifth freedom traffic rights shall be exercised between
intermediate points or points beyond and the territory of the
other Contracting Party unless an agreement to that effect is
made between the two aeronautical authorities of the Contracting
Parties.
4. Seventh freedom of air traffic rights shall be allowed
reciprocally to the airlines of Contracting Parties, for the
performance of exclusively cargo transport services, in regular
and non-regular operations, with equal opportunities, without
restrictions.
5. Code-Sharing
In operating or offering the authorised services on the
specified routes any designated airline of one Contracting Party
may enter into code-sharing arrangements with
- an airline or airlines of the same Contracting Party,
- an airline or airlines of the other Contracting Party,
or
- an airline or airlines of a third country, provided that
such a third country authorises or allows comparable arrangements
between the airlines of the other Contracting Party and other
airlines on services to, from and via such a third country,
provided that all airlines in such arrangements
- hold the appropriate authority to operate on the routes and
segments concerned, and
- in respect of any ticket sold by it or them, make it clear
to the purchaser at the point of sale which airline will actually
operate each sector of the service and with which airline or
airlines the purchaser is entering into a contractual
relationship.
Both Contracting Parties concurred that code-share services of
the marketing carrier should not be counted against the
bilaterally agreed frequency entitlement.