22. pants

Stāšanās spēkā

Šis Nolīgums stājas spēkā pēc trīsdesmit (30) dienām no

dienas, kad pa diplomātiskajiem kanāliem saņemts pēdējais

rakstiskais paziņojums, ar kuru Līgumslēdzējas Puses ir

apstiprinājušas savu attiecīgo iekšējo procedūru, kas

nepieciešamas, lai Nolīgums stātos spēkā, pabeigšanu.

TO APLIECINOT, apakšā parakstījušies, savu attiecīgo valdību

pienācīgi pilnvaroti pārstāvji, ir parakstījuši šo Nolīgumu.

Parakstīts Ņujorkā 2018.gada 28.septembrī, divos eksemplāros

latviešu, korejiešu un angļu valodā, kur visi teksti ir vienlīdz

autentiski. Atšķirīgas interpretācijas gadījumā noteicošais ir

teksts angļu valodā.

Latvijas

Republikas

valdības vārdā

Edgars Rinkēvičs

Korejas

Republikas

valdības vārdā

Kang Kyung-wha

I PIELIKUMS

Maršrutu saraksts

1. Maršruti, kuros pārvadājumus veic Korejas Republikas

nozīmētā aviokompānija vai aviokompānijas:

Sākumpunkti

Starppunkti

Galapunkti

Punkti aiz Korejas

Jebkuri punkti Korejas

Republikā

Jebkuri punkti

Jebkuri punkti Latvijas

Republikā

Jebkuri punkti

2. Maršruti, kuros pārvadājumus veic Latvijas Republikas

nozīmētā aviokompānija vai aviokompānijas:

Sākumpunkti

Starppunkti

Galapunkti

Punkti aiz Latvijas

Jebkuri punkti Latvijas

Republikā

Jebkuri punkti

Jebkuri punkti Korejas

Republikā

Jebkuri punkti

3. Abu Līgumslēdzēju Pušu nozīmētās aviokompānijas var visos

vai jebkurā no lidojumiem izlaist jebkuru no punktiem ar

nosacījumu, ka Nolīgumā paredzētā satiksme maršrutā sākas

aviokompāniju nozīmējošās Līgumslēdzēja Puses sākumpunktā.

4. Piektās brīvības satiksmes tiesības noteiktos starppunktos

un/vai punktos aiz Līgumslēdzēju Pušu robežām var tikt

izmantotas, ja par to panākta vienošanās starp abu Līgumslēdzēju

Pušu aviācijas institūcijām.

II PIELIKUMS

Latvijas Republikas nozīmēto

aviokompāniju īpašumtiesības un kontrole

Valstu saraksts (valstis, kas nav Eiropas Savienības

dalībvalstis), kuras un kuru pilsoņi ir tiesīgi būt īpašnieki un

kontrolēt Latvijas Republikas nozīmētās aviokompānijas:

1) Islandes Republika (saskaņā ar Eiropas Ekonomikas zonas

līgumu);

2) Lihtenšteinas Firstiste (saskaņā ar Eiropas Ekonomikas

zonas līgumu);

3) Norvēģijas Karaliste (saskaņā ar Eiropas Ekonomikas zonas

līgumu);

4) Šveices Konfederācija (saskaņā ar Nolīgumu par 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 KOREA

The Government of the Republic of Latvia and the Government of

the Republic of Korea (hereinafter referred to as the

"Contracting Parties");

Being parties to the Convention on International Civil

Aviation opened for signature at Chicago on 7 December 1944;

Desiring to conclude an agreement for the purpose of

establishing and operating air services between and beyond their

respective territories,

Have agreed as follows:

Article 1

Definitions

1. For the purposes of this Agreement, unless the context

otherwise requires:

a) the term "Convention" means the Convention on

International Civil Aviation opened for signature at Chicago on 7

December 1944, and includes any Annex adopted under Article 90 of

that Convention and any amendment of the Annexes or Convention

adopted under Articles 90 and 94 thereof in so far as those

Annexes and amendments have become effective for or have been

ratified by both Contracting Parties;

b) the term "Agreement" means this Agreement, its

Annexes and any amendments thereto;

c) the term "aeronautical authorities" means, in the

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

the case of the Republic of Korea, the Ministry of Land,

Infrastructure and Transport, or in both cases, any other person

or body authorized to perform the functions at present exercised

by the said authorities;

d) the term "designated airline" means an airline

which has been designated and authorized in accordance with

Article 4 of this Agreement;

e) the term "territory" has the meaning assigned to

it in Article 2 of the Convention;

f) the terms "air service", "international air

service", "airline" and "stop for non-traffic

purposes" have the meanings assigned to them in Article 96

of the Convention;

g) the term "capacity" in relation to an aircraft

means the payload of that aircraft available on a route or

section of a route;

h) the term "capacity" in relation to agreed

services means the capacity of the aircraft used on such

services, multiplied by the frequency operated by such aircraft

over a given period on a route or section of a route;

i) the term "tariff" means the prices to be paid for

the carriage of passengers, baggage, and cargo (excluding mail),

including any significant additional benefits to be furnished or

made available in conjunction with such carriage, and the

commission to be paid on the sales of tickets for the carriage of

persons, or on corresponding transactions for the carriage of

baggage or cargo. It includes also the conditions that govern the

applicability of the price for carriage or the payment of

commission;

j) the term "agreed services" means international

scheduled air services on the routes specified in the Annex I to

this Agreement for the transport of passengers, baggage, cargo

and mail separately or in combination for remuneration or

hire;

k) the term "specified route" means a route

specified in a Route Schedule in the Annex I to this

Agreement;

l) the term "user charge" means a charge made to

airlines by the competent authorities, or permitted by them to be

made, for the provision of airport property or facilities or of

air navigation facilities, or aviation security facilities or

services, including related services and facilities, for

aircraft, their crews, passengers and cargo;

m) the term "Annex" means the Annex to this

Agreement or as amended in accordance with the provisions of

Article 19 of this Agreement. The Annexes form an integral part

of this Agreement, and all references to this Agreement shall

include also references to the Annexes, except where explicitly

agreed otherwise.

2. Titles given to the Articles of this Agreement are for

reference purposes only.

3. References in this Agreement to nationals of the Republic

of Latvia shall be understood as referring to nationals of

European Union (EU) Member States. References in this Agreement

to the airline(s) of the Republic of Latvia shall be understood

as referring to the airline(s) designated by the Republic of

Latvia.

4. References in this Agreement to the "EU Treaties"

shall be understood as referring to the Treaty on European Union

and the Treaty on the Functioning of the European Union.

Article 2

Grant of rights

1. Each Contracting Party grants to the other Contracting

Party the rights specified in this Agreement for the purpose of

operating international air services on the specified routes.

2. Subject to the provisions of this Agreement, the airline(s)

designated by each Contracting Party shall enjoy the following

rights:

a) the right to fly without landing across the territory of

the other Contracting Party;

b) the right to make stops in the territory of the other

Contracting Party for non-traffic purposes;

c) the right to take up and put down passengers, cargo and

mail separately or in combination at any point on the specified

routes, subject to the provisions contained in the Annex I to

this Agreement.

3. Nothing in paragraph 2 of this Article shall be deemed to

confer on the designated airline(s) of one Contracting Party the

right of taking on board, in the territory of the other

Contracting Party, passengers, baggage, cargo or mail carried for

remuneration or hire and destined for another point in the

territory of that other Contracting Party (cabotage).

4. If because of armed conflict, political disturbances or

developments, or special and unusual circumstances, a designated

airline of one Contracting Party is unable to operate the agreed

services on its normal routing, the other Contracting Party shall

use its best efforts to facilitate the continued operation of

such services through appropriate temporary rearrangements of

routes as is mutually decided by the Contracting Parties.

Article 3

Recognition of certificates and licences

1. Certificate of airworthiness, certificates of competency

and licences issued or rendered valid by either Contracting Party

shall, during the period of their validity, be recognized as

valid by the other Contracting Party, provided that the

requirements under which such certificates or licences were

issued or rendered valid are equal to or above the minimum

standards which may be established pursuant to the

Convention.

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

refuse to recognize as valid, for the purpose of flights over its

own territory, certificates of competency and licences granted to

or rendered valid for its own nationals by the other Contracting

Party or by any other State.

Article 4

Designation of airlines and operating authorizations

1. Each Contracting Party shall have the right to designate

through diplomatic channels to the other Contracting Party one or

more airlines for the purpose of operating the agreed services on

the specified routes and to withdraw or alter such designations.

Such designations, withdrawal or alteration of them shall be made

in writing.

2. On receipt of such a designation, the other Contracting

Party shall grant the appropriate authorizations and permissions

with minimum procedural delay, provided:

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

Korea:

i) the Republic of Korea has and maintains effective

regulatory control of the airline; and

ii) substantial ownership and effective control of that

airline are vested in the Republic of Korea, nationals of the

Republic of Korea, or both, and the airline has a valid operating

licence issued by the Republic of Korea; and

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

Latvia:

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

Latvia under the EU Treaties and has a valid operating licence

from an EU Member State in accordance with European Union law;

and

ii) effective regulatory control of the airline is exercised

and maintained by the EU Member State responsible for issuing its

air operator's certificate and the relevant aeronautical

authority is clearly identified in the designation; and

iii) the airline has its principal place of business in the

territory of the EU Member State from which it has received its

valid operating licence; and

iv) the airline is owned, directly or through majority

ownership, and is effectively controlled by EU Member States

and/or nationals of European Union Member States, and/or by other

States listed in the Annex II and/or by nationals of such other

States; and

c) the designated airline is qualified to meet the conditions

prescribed under the laws and regulations normally and reasonably

applied to the operation of international air services by the

Contracting Party considering the application(s); and

d) the Contracting Party designating the airline maintains and

implements the standards relating to security and safety set out

in Article 14 and Article 15 of this Agreement.

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

may begin to operate the agreed services, provided that the

airline complies with all applicable provisions of this

Agreement.

Article 5

Revocation or suspension of operating authorizations

1. Either Contracting Party may, after consultations with the

other Contracting Party, refuse, revoke, suspend or limit the

operating authorizations or technical permissions of an airline

designated by the other Contracting Party where:

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

Korea:

i) the Republic of Korea is not maintaining effective

regulatory control of the airline; or

ii) substantial ownership and effective control of that

airline are not vested in the Republic of Korea, nationals of the

Republic of Korea, or both, or the airline does not have a valid

operating licence issued by the Republic of Korea;

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

Latvia:

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

Latvia under the EU Treaties or does not have a valid operating

licence from an EU Member State in accordance with European Union

law; or

ii) effective regulatory control of the airline is not

exercised or not maintained by the EU Member State responsible

for issuing its air operator's certificate, or the relevant

aeronautical authority is not clearly identified in the

designation; or

iii) the airline does not have its principal place of business

in the territory of the EU Member State from which it has

received its valid operating licence; or

iv) the airline is not owned, directly or through majority

ownership, and is not effectively controlled by EU Member States

and/or by other States listed in the Annex II and/or by nationals

of such other States; or

v) the airline is already authorized to operate under a

bilateral agreement between the Republic of Korea and another EU

Member State and the Republic of Korea can demonstrate that, by

exercising traffic rights under this Agreement on a route that

includes a point in that other EU Member State, it would be

circumventing restrictions on traffic rights imposed by that

other agreement; or

vi) the airline holds an air operator's certificate issued by

an EU Member State and there is no bilateral air services

agreement between the Republic of Korea and that EU Member State,

and that EU Member State has denied traffic rights to the airline

designated by the Republic of Korea;

c) the designated airline has failed to comply with the laws

and regulations of the Contracting Party granting the rights;

or

d) the designated airline does not comply with the conditions

prescribed under this Agreement.

2. Unless immediate action is essential to prevent further

infringements of laws and regulations, such right shall be

exercised only after consultations with the aeronautical

authorities of the other Contracting Party in conformity with

Article 17 of this Agreement.

Article 6

User charges

1. Each Contracting Party shall use its best efforts to ensure

that the user charges imposed or permitted to be imposed by its

competent charging authorities on the designated airline(s) of

the other Contracting Party for the use of airports and other

aviation facilities are just and reasonable. These charges shall

be based on sound economic principles and shall not be higher

than those paid by its national airlines engaged in similar

international air services.

2. Each Contracting Party shall encourage consultations on

user charges between its competent charging authorities and the

designated airlines using the services and facilities provided by

those charging authorities, where practical through the

organizations representing those airlines. Reasonable notice of

any proposed change to user charges shall be given to such users

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

Each Contracting Party shall also encourage its competent

charging authorities and such users to exchange appropriate

information concerning user charges.

Article 7

Exemption from customs and other duties

1. Aircraft operated on international air services by a

designated airline of one Contracting Party, as well as its

regular equipment, spare parts, supplies of fuel, lubricants, and

aircraft stores (including food, beverages and tobacco) on board

such aircraft shall be exempted, on the basis of reciprocity,

from all customs duties, inspection fees and other similar

charges on arriving in the territory of the other Contracting

Party in accordance with the provisions of the laws and

regulations in force of each Contracting Party, provided that

such equipment, spare parts, and supplies of fuel and lubricants

and aircraft stores remain on board the aircraft up to such time

as they are re-exported or are used or consumed by such aircraft

on flights over that territory.

2. There shall also be exempt, on the basis of reciprocity,

from the same duties, fees and charges referred to in paragraph 1

of this Article, in accordance with the provisions of the laws

and regulations in force of each Contracting Party, with the

exception of charges corresponding to the services provided:

a) aircraft stores taken on board in the territory of one

Contracting Party within reasonable limits fixed by the competent

authorities of the said Contracting Party, for use on board

aircraft engaged in the agreed services by the designated airline

of the other Contracting Party;

b) spare parts, including engines, introduced into the

territory of one Contracting Party for the maintenance or repair

of aircraft engaged in the agreed services by the designated

airline of the other Contracting Party; and

c) fuel, lubricants and consumable technical supplies destined

to supply aircraft operated on the agreed services by the

designated airline of the other Contracting Party, even when

these supplies are to be used on the part of the journey

performed over the territory of the other Contracting Party in

which they are taken on board.

3. Materials referred to in paragraph 2 of this Article may be

required to be kept under customs supervision or control.

4. The regular airborne equipment, as well as the materials,

supplies and spare parts normally retained on board aircraft

operated by a designated airline of one Contracting Party, may be

unloaded in the territory of the other Contracting Party only

with the approval of the customs authorities of that other

Contracting Party. In such case, they may be placed under the

supervision of the said authorities up to such time as they are

re-exported or otherwise disposed of in accordance with customs

regulations.

5. The necessary documents, such as printed ticket stock, air

waybills, any printed material which bears the insignia of the

company thereon and usual publicity material distributed free of

charge, intended for the use or used solely in connection with

the operation or servicing of aircraft of the designated airline

of one Contracting Party operating the agreed services, shall be

exempt, on the basis of reciprocity, from customs duties and

other similar charges in the territory of the other Contracting

Party, in accordance with the provisions of the laws and

regulations in force of that other Contracting Party.

6. Without prejudice to security laws and regulations,

passengers, baggage and cargo in direct transit across the

territory of a Contracting Party and not leaving the area of the

airport reserved for such purpose shall be subject to no more

than a simplified control. Baggage and cargo in direct transit

shall be exempt from customs duties, fees and other similar

charges.

Article 8

Capacity

1. There shall be fair and equal opportunity for the

designated airlines of the Contracting Parties to operate the

agreed services on the specified routes.

2. Each Contracting Party shall take all appropriate action

within its jurisdiction to eliminate all forms of discrimination

or unfair competitive practices adversely affecting the

competitive position of the designated airlines of the other

Contracting Party.

3. The total capacity to be provided on the agreed services by

the designated airlines of the Contracting Parties shall be

agreed between the aeronautical authorities of the Contracting

Parties.

4. In operating the agreed services, the designated airline(s)

of each Contracting Party shall take into account the interests

of the designated airline(s) of the other Contracting Party so as

not to affect unduly the services which the latter provide on the

whole or any part of the same routes.

5. The agreed services provided by the designated airlines of

the Contracting Parties shall retain as their primary objective

the provision, at a reasonable load factor, of capacity adequate

to the current and reasonably anticipated requirements for the

carriage of passengers, baggage, and cargo, including mail,

coming from or destined for the territory of the Contracting

Party which has designated the airline(s).

6. The right to take up or discharge on the agreed services

international traffic destined for and coming from third

countries at a point or points on the specified routes shall be

exercised in accordance with the general principles of orderly

development of international air transport and shall be subject

to the general principle that capacity should be related to:

a) the traffic requirements between the country of origin and

the countries of ultimate destination of the traffic; and

b) the requirements of through airline operations; and

c) the traffic requirements of the area through which the

airline passes, after taking account of local and regional air

services.

Article 9

Approval of schedules

The airline(s) designated by one Contracting Party shall

submit its envisaged flight schedules for approval to the

aeronautical authorities of the other Contracting Party at least

sixty (60) days prior to the beginning of the operation. Any

modification to such schedules shall be submitted to the

aeronautical authorities of the other Contracting Party for

approval at least thirty (30) days in advance. In special cases

this time limit may be reduced subject to the consent of the said

aeronautical authorities.

Article 10

Information and statistics

The aeronautical authorities of one Contracting Party shall

supply to the aeronautical authorities of the other Contracting

Party, at their request, such information and statistics as may

be reasonably required for information purposes subject to the

laws and regulations of each Contracting Party.

Article 11

Tariffs

1. Each Contracting Party shall allow tariffs for air services

to be established by each designated airline based upon

commercial considerations in the marketplace. Intervention by the

Contracting Parties shall be limited to:

a) prevention of unreasonably discriminatory tariffs or

practices; or

b) protection of consumers from tariffs that are unreasonably

high or restrictive due to abuse of a dominant position; or

c) protection of airlines from tariffs that are artificially

low due to direct or indirect governmental subsidy or

support.

2. Each Contracting Party may require, on a non-discriminatory

basis, notification to and registration or filing with its

aeronautical authorities of tariffs to be charged to or from its

territory by the designated airlines of the other Contracting

Party. Such notification or filing by the designated airlines of

both Contracting Parties may be required at least thirty (30)

days before the proposed date of effectiveness. In individual

cases, notification or filing may be permitted on shorter notice

that normally required.

3. Neither Contracting Party shall take unilateral action to

prevent the inauguration or continuation of a tariff proposed to

be charged or charged by a designated airline of either

Contracting Party for international air services between the

territories of the Contracting Parties, or a designated airline

of one Contracting Party for international air services between

the territory of the other Contracting Party and the territory of

any other State, including in both cases transportation on an

interline basis. If either Contracting Party believes that any

such tariff is inconsistent with the considerations set forth in

paragraph 1 of this Article, it shall request consultations and

notify the other Contracting Party of the reasons for its

dissatisfaction as soon as possible. These consultations shall be

held not later than thirty (30) days after receipt of the request

and the Contracting Parties shall cooperate in securing the

information necessary for a reasoned resolution of the issue. If

the Contracting Parties reach an agreement with respect to a

tariff for which a notice of dissatisfaction has been given, each

Contracting Party shall use its best efforts to put that

agreement into effect. Without such mutual agreement, the tariff

shall go into effect or continue in effect.

Article 12

Commercial activities

1. The designated airlines of each Contracting Party shall

have the right to establish representative offices in the

territory of the other Contracting Party. Those representative

offices may include commercial, operational and technical staff

and other specialist staff required for the provision of air

services.

2. The representative offices, representatives and staff shall

be established in accordance with the laws and regulations in

force in the territory of that other Contracting Party.

3. Each Contracting Party grants to any airline designated by

the other Contracting Party the right to sell its transport and

ancillary services on its own transport documents directly in its

own sales offices and through its agents in the territory of the

Contracting Party which grants such right to any customer in

local currency or in any freely convertible other currency.

Article 13

Transfer of revenues

Each designated airline may on demand convert and remit local

revenues in excess of sums locally disbursed to the country of

its choice. Prompt conversion and remittance shall be permitted

without restrictions at the rate of exchange applicable to

current transactions which is in effect at the time such revenues

are presented for conversion and remittance, and shall not be

subject to any charges except those normally made by banks for

carrying out such conversion and remittance.

Article 14

Aviation security

1. Consistent with their rights and obligations under

international law, the Contracting Parties reaffirm that their

obligation to each other to protect the security of civil

aviation against acts of unlawful interference forms an integral

part of this Agreement. Without limiting the generality of their

rights and obligations under international law, the Contracting

Parties shall in particular act in conformity with the provisions

of the Convention on Offences and Certain Other Acts Committed on

Board Aircraft, signed at Tokyo on 14 September 1963, the

Convention for the Suppression of Unlawful Seizure of Aircraft,

signed at the Hague on 16 December 1970, the Convention for the

Suppression of Unlawful Acts against the Safety of Civil

Aviation, signed at Montreal on 23 September 1971, the Protocol

for the Suppression of Unlawful Acts of Violence at Airports

Serving International Civil Aviation, signed at Montreal on 24

February 1988, the Convention on the Marking of Plastic

Explosives for the Purpose of Detection, signed at Montreal on 1

March 1991 and any other convention governing aviation security

binding upon both Contracting Parties.

2. The Contracting Parties shall provide upon request all

necessary assistance to each other to prevent acts of unlawful

seizure of civil aircraft and other unlawful acts against the

safety of such aircraft, their passengers and crew, airports and

air navigation facilities, and any other threat to the security

of civil aviation.

3. The Contracting Parties shall, in their mutual relations,

act in conformity with the aviation security provisions

established by the International Civil Aviation Organization and

designated as Annexes to the Convention to the extent that such

security provisions are applicable to the Contracting Parties;

they shall require that their airlines and the operators of

airports in their territories act in conformity with such

aviation security provisions.

4. Each Contracting Party agrees that its airlines may be

required to observe the aviation security provisions referred to

in paragraph 3 of this Article required by the other Contracting

Party for the entry into, departure from, or while, within the

territory of that other Contracting Party. Under the law

applicable, each Contracting Party shall ensure that adequate

measures are effectively applied within its territory to protect

the aircraft and to inspect passengers, crew, carry-on items,

baggage, cargo, in-flight catering and aircraft stores prior to

and during boarding or loading. Each Contracting Party shall also

give sympathetic consideration to any request from the other

Contracting Party for reasonable special security measures to

meet a particular threat.

5. When an incident or threat of an incident of unlawful

seizure of civil aircraft or other unlawful acts against the

safety of such aircraft, their passengers and crew, airports or

air navigation facilities occurs, the Contracting Parties shall

assist each other by facilitating communications and other

appropriate measures intended to terminate rapidly and safely

such incident or threat thereof.

6. When a Contracting Party has reasonable grounds to believe

that the other Contracting Party has departed from the aviation

security provisions of this Article, the aeronautical authorities

of the first Contracting Party may request immediate

consultations with the aeronautical authorities of the other

Contracting Party. Failure to reach a satisfactory agreement

within thirty (30) days from the date of such request shall

constitute grounds for withholding, revoking, suspending,

limiting or imposing conditions on the operating authorization of

the designated airline(s) of the other Contracting Party. If

required by an emergency or to prevent further non-compliance

with the provisions of this Article, the first Contracting Party

may take interim action at any time prior to the expiry of thirty

(30) days. Any action taken in accordance with this paragraph

shall be discontinued upon compliance by the other Contracting

Party with the security provisions of this Article.

Article 15

Aviation safety

1. Each Contracting Party may request consultations at any

time concerning safety standards maintained by the other

Contracting Party in any area relating to aeronautical

facilities, flight crew, aircraft or the operation of aircraft.

Such consultations shall take place within thirty (30) days of

that request.

2. If, following such consultations, one Contracting Party

finds that the other Contracting Party does not effectively

maintain and administer safety standards in any such area that

are at least equal to the minimum standards established at that

time pursuant to the Convention, the first Contracting Party

shall notify the other Contracting Party of those findings and

the steps considered necessary to conform with those minimum

standards, and that other Contracting Party shall take

appropriate corrective action. Failure by the other Contracting

Party to take appropriate action within fifteen (15) days, or a

longer period as may be agreed upon, shall be grounds for the

application of Article 5 of this Agreement.

3. It is agreed that any aircraft operated by the designated

airline(s) of one Contracting Party on services to or from the

territory of the other Contracting Party may, while within the

territory of the other Contracting Party, be made the subject of

an examination by the authorized representatives of the other

Contracting Party, on board and around the aircraft to check both

the validity of the aircraft documents and those of its crew and

the apparent condition of the aircraft and its equipment (in this

Article called "ramp inspection"), provided this does

not lead to unreasonable delay.

4. If any such ramp inspection or series of ramp inspections

gives rise to:

a) serious concerns that an aircraft or the operation of an

aircraft does not comply with the minimum standards established

at the time pursuant to the Convention, or

b) serious concerns that there is a lack of effective

maintenance and administration of safety standards established at

that time pursuant to the Convention,

the Contracting Party carrying out the inspection shall, for

the purposes of Article 33 of the Convention, be free to conclude

that the requirements under which the certificate or licences in

respect of that aircraft or in respect of the crew of that

aircraft had been issued or rendered valid, or that the

requirements under which that aircraft is operated, are not equal

to or above the minimum standards established pursuant to the

Convention.

5. In the event that access for the purpose of undertaking a

ramp inspection of an aircraft operated by the airline designated

by one Contracting Party in accordance with paragraph 3 of this

Article is denied by the representative of that airline, the

other Contracting Party shall be free to infer that serious

concerns of the type referred to in paragraph 4 of this Article

arise and draw the conclusions referred to in that paragraph.

6. Each Contracting Party reserves the right to suspend or

vary the operating authorization of the airline(s) of the other

Contracting Party immediately in the event the first Contracting

Party concludes, whether as a result of a ramp inspection, a

series of ramp inspections, a denial of access for a ramp

inspection, consultations or otherwise, that immediate action is

essential to the safety of an airline operation.

7. Any action by one Contracting Party in accordance with

paragraph 2 or 6 of this Article shall be discontinued once the

basis for the taking that action ceases to exist.

Article 16

Application of laws and regulations

1. The laws and regulations of one Contracting Party relating

to the entry into or departure from its territory of aircraft

engaged in international air services or to the operation and

navigation of such aircraft while within the said territory shall

be applied to the aircraft of the designated airline(s) of the

other Contracting Party.

2. The laws and regulations of one Contracting Party governing

the entry into, stay in or departure from its territory of

passengers, crew, cargo or mail, such as those concerning the

formalities regarding entry, exit, emigration, immigration,

customs, currency, health and quarantine shall be applied to

passengers, crew, cargo and mail carried by the aircraft of the

designated airline(s) of the other Contracting Party, while they

are within the territory of the first Contracting Party.

3. Neither Contracting Party shall give preference to its own

or any other airline over a designated airline of the other

Contracting Party engaged in similar international air

transportation in the application of its laws and regulations set

forth in this Article.

Article 17

Consultations

1. In a spirit of close cooperation the aeronautical

authorities of the Contracting Parties shall consult each other

from time to time with a view to ensuring the implementation of

and satisfactory compliance with the provisions of this Agreement

and the Annex I and II thereto.

2. Such consultation, which may be through discussions or by

correspondence, shall begin within a period of sixty (60) days

from the date of receipt of the written request, unless otherwise

agreed by the Contracting Parties.

Article 18

Settlement of disputes

1. If any dispute arises between the Contracting Parties

relating to the interpretation or application of this Agreement,

the Contracting Parties shall, in the first place, endeavor to

settle it by negotiation.

2. If the Contracting Parties fail to reach a settlement by

negotiation, they may agree to refer the dispute for decision to

some person or body. If they do not so agree, the dispute may, at

the request of either Contracting Party, be submitted for

decision to a tribunal of three arbitrators, one to be nominated

by each Contracting Party and the third to be appointed by the

two so nominated. Each of the Contracting Parties shall nominate

an arbitrator within a period of sixty (60) days from the date of

receipt by either Contracting Party from the other Contracting

Party of a notice through diplomatic channels requesting

arbitration of the dispute by such a tribunal, and the third

arbitrator shall be appointed within a further period of sixty

(60) days. If either of the Contracting Parties fails to nominate

an arbitrator within the period specified, or if the third

arbitrator is not appointed within the period specified, the

President of the Council of the International Civil Aviation

Organization may at the request of either Contracting Party

appoint an arbitrator or arbitrators as the case requires. If the

President of the Council of the International Civil Aviation

Organization is of the same nationality as one of the Contracting

Parties, the most senior Vice President who is not disqualified

on that ground shall make the appointment. In all cases, the

third arbitrator shall be a national of a third State and shall

act as president of the arbitral tribunal. The arbitral tribunal

shall determine its own procedure.

3. The Contracting Parties shall comply with any decisions,

including any interim recommendation, given under paragraph 2 of

this Article.

4. If and for so long as either Contracting Party or any

designated airline of either Contracting Party fails to comply

with a decision given under paragraph 3 of this Article, the

other Contracting Party may limit, suspend or revoke any rights

or privileges which it has granted by virtue of this

Agreement.

5. Each Contracting Party shall bear the costs of the

arbitrator appointed by it. The other costs of the arbitral

tribunal shall be equally shared by the Contracting Parties.

Article 19

Amendments

1. If either Contracting Party considers it desirable to amend

any provisions of this Agreement, it may at any time request

consultations with the other Contracting Party. Such

consultations may be through discussions or by correspondence,

and shall begin within a period of sixty (60) days from the date

of receipt of the request. Any amendments so agreed shall enter

into force in accordance with Article 22 of this Agreement.

2. If a general multilateral convention or agreement

concerning air transport comes into force in respect of both

Contracting Parties, this Agreement shall be amended so as to

conform to the provisions of such convention or agreement.

Article 20

Registration

This Agreement and any amendments thereto shall be registered

with the International Civil Aviation Organization.

Article 21

Termination

Either Contracting Party may at any time give notice in

writing through diplomatic channels to the other Contracting

Party of its decision to terminate this Agreement. Such notice

shall be simultaneously communicated to the International Civil

Aviation Organization. In such case, this Agreement shall be

terminated at midnight (at local time of the Contracting Party,

which has received the notice) upon the expiration of twelve (12)

months from the date of receipt of the notice by the other

Contracting Party, unless the notice is withdrawn by agreement

between the Contracting Parties before the expiry of this period.

In the absence of acknowledgement of receipt by the other

Contracting Party, the notice shall be deemed to have been

received fourteen (14) days after receipt of the notice by the

International Civil Aviation Organization.

Article 22

Entry into force

This Agreement shall enter into force thirty (30) days from

the last written notification through diplomatic channels by

which the Contracting Parties have confirmed the completion of

their respective internal procedures for its entry into

force.

IN WITNESS WHEREOF, the undersigned, being duly authorized

thereto by their respective Governments, have signed this

Agreement.

Done in duplicate at New York, this 28th day of

September, 2018, in the Latvian, Korean and English languages,

all texts being equally authentic. In the case of any divergence

of interpretation, the English text shall prevail.

For the Government

of

the Republic of Latvia

Edgars Rinkēvičs

For the Government

of

the Republic of Korea

Kang Kyung-wha

ANNEX I

Route Schedule

1. Routes to be operated by the designated airline(s) of the

Republic of Korea:

Points of origin

Intermediate points

Points of destination

Beyond points

Any points in the Republic of

Korea

Any points

Any points in the Republic of

Latvia

Any points

2. Routes to be operated by the designated airline(s) of the

Republic of Latvia:

Points of origin

Intermediate points

Points of destination

Beyond points

Any points in the Republic of

Latvia

Any points

Any points in the Republic of

Korea

Any points

3. The designated airlines of both Contracting Parties may, on

all or any flights, omit calling at any of the above points

provided that the agreed services on the route begin at the

points of origin in the Contracting Party designating the

airline.

4. The exercise of fifth freedom traffic rights on specified

intermediate and/or beyond points shall be subject to an

agreement between the aeronautical authorities of both

Contracting Parties.

ANNEX II

Eligibility to own and control

airlines designated by the Republic of Latvia

List of countries (other than European Union Member States)

which and whose nationals are eligible to own and control

airlines designated by the Republic of Latvia:

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

European Economic Area);

2) The Principality of Liechtenstein (under the Agreement on

the European Economic Area);

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

Economic Area);

4) The Swiss Confederation (under the Agreement on the

European Community and the Swiss Confederation on Air

Transport).