Convention on International Civil Aviation or Chicago Convention

which has also not been incorporated in this document as it has not yet entered into force. The Assembly, in its 31st session, approved another amendment to the Convention to replace the current text of the final paragraph with new text that includes the authentic text of the Convention in the Arabic language. Said amendment has not been included in this document as it has not yet entered into force. III

CONVENTION ON INTERNATIONAL CIVIL AVIATION Signed in Chicago, on December 7, 1944 PREAMBLE WHEREAS the future development of international civil aviation can greatly contribute to create and to preserve friendship and understanding among the nations and peoples of the world, whereas the abuse of civil aviation can become a threat to the general security; WHEREAS it is desirable to avoid all dissension among the nations and peoples and to promote among them the cooperation on which the peace of the world depends; THEREFORE, the Governments undertaking this Convention have agreed on certain principles and arrangements, in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically; Have concluded this Convention to these ends.

PART ONE AIR NAVIGATION CHAPTER I GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION

Sovereignty. The contracting States recognize that every State has complete and exclusive sovereignty in the airspace above its territory.

Territory. 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, dominion, protection or mandate of such State.

Civil and State Aircraft. This Convention applies only to civil aircraft, and shall not apply to State aircraft. Aircraft used in military, customs or police services shall be deemed to be State aircraft. No State aircraft of a contracting State shall fly over the territory of another State or land thereon without special authorization or otherwise in accordance with the terms of such authorization. The contracting States undertake, when issuing regulations for their State aircraft, to have due regard for the safety of civil aircraft.

Misuse of Civil Aviation. Each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention. CHAPTER II FLIGHT OVER TERRITORY OF CONTRACTING STATES

Right of Non-Scheduled Flight. Each contracting State agrees that all aircraft of other contracting States not engaged in scheduled international air services shall have the right, in accordance with the terms of this Convention, to fly into or in transit across its territory and to land thereon without obtaining prior permission, provided that compliance is had with the regulations laid down hereunder. Notwithstanding the foregoing, each contracting State may, for reasons of safety of flight, require aircraft desiring to proceed over regions which are remote or which lack the necessary air navigation facilities to follow prescribed air routes, or may require them to obtain special permission for such flights. If such aircraft are engaged in air services other than international scheduled air services, in the carriage for remuneration or hire of passengers, mail or cargo, they shall also have the privilege, subject to the provisions of Article 7, of embarking or disembarking passengers, mail or cargo, subject to the right of the State in whose territory the embarkation or disembarkation takes place to impose such regulations, conditions or restrictions as it may consider desirable.

Scheduled Air Services. No scheduled international air service may be operated over or into the territory of a contracting State except with the special permission or other authorization of that State and in accordance with the terms of such permission or authorization.

Cabotage. Each contracting State has the right to refuse permission to the aircraft of other contracting States to pick up in its territory passengers, mail or cargo destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant such a privilege on an exclusive basis to any other State or airline of any other State, and not to obtain for its own airline any such exclusive privilege from any other State.

Pilotless Aircraft. No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a contracting State unless special authorization has been obtained from that State and upon compliance with the terms of such authorization. Each contracting State undertakes to insure that the flight of such pilotless aircraft without a pilot in regions open to civil air navigation shall be so controlled as to obviate any danger to civil aircraft.

Prohibited Areas. Each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly the flight of aircraft of other States over certain areas of its territory, provided that no distinction is made between the aircraft of the State whose territory is involved, engaged in international scheduled air services, and the aircraft of the other contracting States similarly engaged; and provided that no restriction shall be imposed on the aircraft of a contracting State except in respect of areas where military operations or exercises are in progress in such a manner as to constitute a hazard to aircraft. Such prohibited areas shall be of reasonable extent and situation and shall be notified to the other contracting States and to the International Civil Aviation Organization. Each contracting State also reserves the right, in exceptional circumstances or during an emergency, or in the interest of public safety, to restrict temporarily and with immediate effect the movement of aircraft over the whole or any part of its territory, on the condition that such restriction shall be applied without distinction of nationality to aircraft of all other States. Each contracting State, in accordance with regulations it may lay down, may require any aircraft entering the areas indicated in the paragraphs above to land at some designated airport within its territory.

Landing at Customs Airports. Except as provided in this Convention or in any special authorization granted by a contracting State, any aircraft which enters the territory of a contracting State shall, if so required by the regulations of that State, land at an airport designated by that State for the examination of the aircraft, crew, passengers and cargo by the customs and other agencies. On departure, such aircraft shall depart from a similarly designated customs airport. The characteristics of any customs airport and the facilities and services provided shall be published by the State and communicated to the International Civil Aviation Organization, created by the Second Part of this Convention, in order that the information may be made available to all other contracting States.

Application of Air Regulations. Subject to the provisions of this Convention, the laws and regulations of a contracting State relating to the admission into or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall apply without distinction of nationality to aircraft of all contracting States and shall be complied with by such aircraft upon entrance into, and upon departure from, the said territory and while within the said territory.

Rules of the Air. Each contracting State undertakes to adopt measures to insure that all aircraft flying over its territory or maneuvering within it comply with the rules and regulations relating to the flight and maneuvering of aircraft there in force, and also that all aircraft bearing its national mark, wherever they are, comply with the rules and regulations relating to the flight and maneuvering of aircraft in force in the territory over which they are flying. Each contracting State undertakes to keep its own regulations in this respect uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.

Entry and Clearance Regulations. The laws and regulations of a contracting State as to the admission into, or departure from, its territory of passengers, crew or cargo of aircraft, such as those relating to entry, clearance, immigration, passports, customs and health measures, shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State.

Prevention of Spread of Disease. Each contracting State agrees to take effective measures to prevent the spread by means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague, and such other communicable diseases as the contracting States shall from time to time designate. To this end, contracting States will make available information and maintain close consultation with the agencies concerned with international regulations relating to sanitary measures applicable to aircraft. Such consultation shall be without prejudice to the application of any existing international convention on the subject to which the contracting States concerned are parties.

Airport Fees and Similar Charges Every airport of a contracting State which is open to its national aircraft for purposes of public use shall likewise be open, on uniform conditions and subject to the provisions of Article 68, to the aircraft of all the other contracting States. Such uniform conditions shall apply with respect to the use by the aircraft of each of the contracting States of all facilities and services for air navigation, including radio and meteorological services, which are provided for public use for the safety and expedition of air navigation. The charges which a contracting State may impose or permit to be imposed by reason of the use of such airports and air navigation facilities and services by the aircraft of any other contracting State shall not be higher: with respect to aircraft not engaged in scheduled international air services, than those paid by its national aircraft of the same class engaged in similar services; and with respect to aircraft engaged in scheduled international air services, than those paid by its national aircraft engaged in similar international air services. All such charges shall be published and communicated to the International Civil Aviation Organization, it being understood that, if a contracting State so requests, the charges imposed for the use of airports and other facilities and services shall be subject to examination by the Council, which shall make recommendations thereon to the State or States concerned. No contracting State shall impose or permit to be imposed on aircraft of other contracting States any charges for the sole purpose of transit over, entry into, or exit from its territory.

Inspection of Aircraft The competent authorities of each contracting State shall have the right to inspect without undue delay aircraft of other contracting States on arrival or departure, and to examine the certificates and other documents prescribed by this Convention.

Nationality of Aircraft Aircraft have the nationality of the State in which they are registered.

Double Registration No aircraft may be validly registered in more than one State, but its registration may be changed from one State to another.

National Laws on Registration The registration or transfer of registration of aircraft in a contracting State shall be made in accordance with its laws and regulations.

Display of Markings Every aircraft engaged in international air navigation shall bear the appropriate nationality and registration marks.

Reports on Registration Each contracting State undertakes to supply, on the request of any other contracting State or of the International Civil Aviation Organization, information concerning the registration and ownership of any aircraft registered in that State. Furthermore, each contracting State shall furnish to the International Civil Aviation Organization, in such manner as that Organization may require, reports giving such pertinent data as can be made available concerning the ownership and control of aircraft registered in that State and engaged in international air navigation. At the request of the International Civil Aviation Organization, each contracting State shall make available to the other contracting States information concerning the ownership and control of aircraft registered in that State.

Simplification of Formalities Each contracting State agrees to adopt, by promulgation of special regulations or otherwise, all practicable measures to facilitate and expedite navigation of aircraft between the territories of contracting States and to prevent unnecessary delays to aircraft, crews, passengers and cargo, in particular in the application of immigration, sanitary, customs and other regulations.

Customs and Immigration Formalities Each contracting State undertakes, as far as it may find practicable, to establish and implement customs and immigration procedures applicable to aircraft engaged in international air navigation, in accordance with the practices which may from time to time be established or recommended in compliance with this Convention. Nothing in this Convention shall be interpreted as preventing the establishment of free airports.

Customs Duties Aircraft in transit to, from, or across the territory of another contracting State shall be admitted temporarily free of duty, subject to the customs regulations of that State. Fuel, lubricating oils, spare parts, equipment and supplies of all kinds which are on board aircraft of a contracting State at the time of arrival in the territory of another contracting State and which remain on board when the aircraft departs from that territory shall be exempt from customs duty, inspection fees or other similar national or local duties and charges. This exemption shall not apply to quantities or articles unloaded except with the permission and under the customs supervision of the State, which may require that such quantities or articles be held in custody under customs control. Spare parts and equipment which are imported into the territory of a contracting State for use in the maintenance or repair of aircraft of another contracting State engaged in international air navigation shall be admitted free of customs duty, subject to compliance with the regulations of the State, which may require that such articles be held in custody and under the supervision of customs authorities.

Aircraft in Distress Each contracting State undertakes to provide such facilities as it may find practicable for search and rescue operations for aircraft in distress over its territory, and to permit, subject to the control of its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered to provide facilities for search and rescue operations. Each contracting State, when undertaking search for missing aircraft, shall collaborate in coordinated measures which may from time to time be recommended in pursuance of this Convention.

Investigation of Accidents In the event of an aircraft of one contracting State being involved in an accident in the territory of another contracting State and resulting in death or serious injury or indicating serious technical defects in the aircraft or air navigation facilities, the State in which the accident occurs shall institute an investigation into the circumstances of the accident, in accordance as far as possible with procedures which may be recommended by the International Civil Aviation Organization. The State in which the aircraft is registered shall be given the opportunity to appoint observers to be present at the enquiry and the State holding the enquiry shall communicate the report and findings in the matter to the State in which the aircraft is registered.

Exemption from Seizure on Patent Claims While aircraft of a contracting State are in transit or are temporarily within the territory of another contracting State, or are engaging in cabotage in another State, the entry of such aircraft into the territory of such other State or transit across such territory, whether or not the aircraft lands, shall not be deemed to confer any right, power or authority to use or to permit use of any invention, design, mark or name registered or protected in such other State; and any such use or permission to use without the consent of the owner of the design, mark or name so registered or protected would be an infringement of the rights of the owner. Nevertheless, in the event that such aircraft or the air crews thereof or the owners or operators of such aircraft incur liability within the territory of the contracting State for infringement of any patent, design or model registered or protected in the territory of such other State, such liability shall not be enforced against such aircraft or crews or owners or operators nor shall any claim for compensation be enforceable against the aircraft or crews or owners or operators in that territory. The provisions of the foregoing paragraph shall also apply to the storage of spare parts or equipment for aircraft within the territory of any contracting State and the right to use and install such parts or equipment in the repair of an aircraft of another contracting State engaged in international air navigation; provided that the spare parts or equipment stored shall not be sold or distributed internally or exported for commercial purposes. The benefits of this Article shall apply only to contracting States that are (1) parties to the International Convention for the Protection of Industrial Property, or (2) have enacted patent laws which recognize and adequately protect the inventions of nationals of other contracting States.

Facilities, Services and Systems for Air Navigation Each contracting State undertakes, as far as it may find practicable, to: Provide in its territory airports, radio services, meteorological services and other air navigation facilities to facilitate international air navigation, in accordance with standards and recommended practices which may from time to time be established or recommended in pursuance of this Convention. Adopt and apply the appropriate standard systems of communications procedures, codes, markings, signals, lighting and other operational practices and rules which may from time to time be recommended or established in pursuance of this Convention. Collaborate in international measures aimed at securing the adoption of uniform principles with respect to air navigation signals, marking, lighting and other characteristics of airports used in international air navigation.

Documents to be Carried by Aircraft Every aircraft of a contracting State engaged in international navigation shall carry the following documents in conformity with the conditions prescribed in this Convention: a certificate of registration; a certificate of airworthiness; appropriate licenses for each member of the crew; a journey log book; if equipped with radio apparatus, the aircraft radio station license; if carrying passengers, a list showing the names of the passengers and the places of embarkation and destination; if carrying cargo, a manifest and detailed declarations of the cargo.

Radio Equipment of Aircraft. Aircraft of each contracting State, when they are in or over the territory of other contracting States, may carry on board radiotransmitters only if the competent authorities of the State in which the aircraft is registered have issued a license for the installation and use of such apparatus. The use of radiotransmitters in the territory of the contracting State over which the aircraft flies shall be effected in accordance with the regulations prescribed by such State. Only members of the flight crew provided with a special license issued for this purpose by the competent authorities of the State in which the aircraft is registered may use the radiotransmitters.

Certificates of Airworthiness. Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or validated by the State in which it is registered.

Licenses of Personnel. The pilot and other members of the operating crew of every aircraft engaged in international navigation shall be provided with certificates of competency and licenses issued or validated by the State in which the aircraft is registered. Each contracting State reserves the right not to recognize, as far as flights over its own territory are concerned, certificates of competency and licenses granted to any of its nationals by another contracting State.

Recognition of Certificates and Licenses. Certificates of airworthiness, certificates of competency, and licenses issued or validated by the contracting State in which the aircraft is registered shall be recognized as valid by the other contracting States, provided that the requirements in accordance with which such certificates or licenses have been issued or validated are equal to or above the minimum standards that may be established from time to time in the application of this Convention.

Aircraft Log. For each aircraft engaged in international navigation, an aircraft log shall be kept in which shall be entered data relating to the aircraft, its crew, and each flight in such form as shall be prescribed from time to time in the application of this Convention.

Restrictions on Cargo. Aircraft engaged in international navigation shall not carry munitions of war or war material in or over the territory of a State, except with the consent of such State. Each State shall determine, by regulations, what constitutes munitions of war or war material for the purposes of this Article, taking into account, for the sake of uniformity, the recommendations that the International Civil Aviation Organization may make from time to time. Each contracting State reserves the right, for reasons of public order and safety, to regulate or prohibit the carriage in or over its territory of articles other than those specified in paragraph a), provided that it makes no distinction in this respect between its own national aircraft engaged in international navigation and the aircraft of other States engaged for the same purposes, and provided further that it imposes no restriction that might hamper the carriage and use in aircraft of apparatus necessary for the operation or navigation thereof or for the safety of personnel or passengers.

Photographic Apparatus. Each contracting State may prohibit or regulate the use of photographic apparatus in aircraft flying over its territory.

Adoption of International Standards and Procedures. Each contracting State undertakes to collaborate in order to achieve the highest possible degree of uniformity in regulations, standards, procedures, and organization relating to aircraft, personnel, airways, and auxiliary services, in all matters in which such uniformity will facilitate and improve air navigation. To this end, the International Civil Aviation Organization shall adopt and amend, as occasion arises and as necessary, international standards, recommended practices, and procedures dealing with: systems of communications and air navigation aids, including ground facilities; characteristics of airports and landing areas; rules of the air and air traffic control methods; licensing of operating and mechanical personnel; airworthiness of aircraft; registration and identification of aircraft; collection and exchange of meteorological information; aircraft log books; aeronautical maps and charts; customs and immigration procedures; aircraft in distress and accident investigation; and other matters related to the safety, regularity, and efficiency of air navigation that may from time to time be considered appropriate.

Deviations from International Standards and Procedures. Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its regulations or practices into full accord with any international standard or procedure, after such standard or procedure has been amended, or which considers it necessary to adopt regulations or practices differing in any particular respect from a standard international practice, shall notify the International Civil Aviation Organization of the differences between its own practices and those established by the international standard. In the case of amendments to international standards, any State which does not make appropriate amendments to its own regulations or practices shall notify the Council within sixty days following the adoption of the amendment to the international standard, or shall indicate the measures which it proposes to take. In such cases, the Council shall immediately notify all other States of the differences which exist between one or more features of an international standard and the corresponding national practice of the State in question.

Endorsements of Certificates and Licenses. Any aircraft or aircraft component in respect of which there exists an international standard of airworthiness or flight performance and which does not fully comply with such standard at the time of its certification shall have endorsed on or appended to its certificate of airworthiness a complete enumeration of the respects in which it does not comply with that standard. Any holder of a license who does not fully meet the conditions laid down by the international standard relating to the class of license or certificate in question shall have endorsed on or appended to the license a complete enumeration of the particulars in which the holder does not comply with those conditions.

Validity of Endorsed Certificates and Licenses. No aircraft or personnel whose certificates or licenses are thus endorsed shall engage in international navigation without permission from the State or States whose territory is entered. The registration or use of any such aircraft or any aircraft component in a State other than that in which it was originally certificated shall be a matter within the sovereignty of the State into which the aircraft or component is imported.

Recognition of Existing Aircraft Airworthiness Standards. The provisions of this Chapter shall not apply to aircraft and aircraft equipment of types the prototype of which shall have been submitted to the competent national authorities for certification prior to the expiration of three years from the date of adoption of an international standard of airworthiness for such equipment.

Recognition of Existing Personnel Competency Standards. The provisions of this Chapter shall not apply to personnel whose licenses are initially issued prior to the expiration of one year from the date of adoption of an international standard of competency for such personnel; but in any case shall apply to all personnel whose licenses remain valid five years after the date of adoption of such standard.

Name and Composition. There is hereby established an organization to be called the International Civil Aviation Organization. It is composed of an Assembly, a Council, and such other bodies as may be necessary.

Aims and Objectives. The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to: achieve the safe and orderly growth of international civil aviation throughout the world; encourage the arts of aircraft design and operation for peaceful purposes; encourage the development of airways, airports, and air navigation facilities for international civil aviation; meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; prevent economic waste caused by excessive competition; ensure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; avoid discrimination between contracting States; promote flight safety in international air navigation; promote generally the development of civil aeronautics in all its aspects.

Permanent Headquarters. The Organization shall have its permanent headquarters in the place determined at its final meeting by the Interim Assembly of the Provisional Organization of International Civil Aviation, created by the Provisional Agreement on International Civil Aviation signed in Chicago on December 7, 1944. The headquarters may be moved temporarily to another place by decision of the Council, and if not temporary, by decision of the Assembly. A vote of such number as the Assembly may determine shall be necessary to make such decision. The number of votes so determined shall not be less than three-fifths of the total number of contracting States.

First Meeting of the Assembly. The first meeting of the Assembly shall be convoked by the Interim Council of the Provisional Organization mentioned above, as soon as this Convention comes into force, to be held on the date and at the place designated by the Interim Council.

Legal Capacity. The Organization shall enjoy in the territory of each contracting State such legal capacity as may be necessary for the exercise of its functions. It shall be accorded full juridical personality wherever compatible with the constitution and laws of the State concerned. CHAPTER VIII THE ASSEMBLY

Meetings of the Assembly and Voting. The Assembly shall meet at least once in every three years and shall be convoked by the Council at a time and place to be determined. The Assembly may meet in extraordinary session at any time upon convocation by the Council or upon the request of not less than one-fifth of the total number of contracting States addressed to the Secretary General.3 2 This is the text of the Article as amended at the 8th session of the Assembly, on June 14, 1954; it came into force on May 16, 1958. In accordance with Article 94 a) of the Convention, the amended text is in force as regards States which have ratified the amendment. As regards States which have not ratified the amendment, the original text continues in force and is therefore reproduced hereinafter: "The Organization shall have its permanent headquarters in the place determined at its final meeting by the Interim Assembly of the Provisional Organization of International Civil Aviation, created by the Provisional Agreement on International Civil Aviation signed in Chicago on December 7, 1944. The headquarters may be moved temporarily to another place by decision of the Council." 3 This is the text of the Article as amended at the 14th session of the Assembly, on September 14, 1962; it came into force on September 11, 1975. In accordance with Article 94 a) of the Convention, the amended text is in force as regards States which have ratified the amendment. The previous text of this Article, as amended at the 8th session of the Assembly on June 14, 1954 and which came into force on December 12, 1956, read as follows: "a) The Assembly shall meet at least once in every three years and shall be convoked by the Council at a time and place to be determined. The Assembly may meet in extraordinary session at any time upon convocation by the Council or upon the request of ten contracting States addressed to the Secretary General." The original text of the Convention prior to amendment read as follows: "a) The Assembly shall meet annually and shall be convoked by the Council at a time and place to be determined. The Assembly may meet in extraordinary session at any time upon convocation by the Council or upon the request of ten contracting States addressed to the Secretary General."

All contracting States shall have equal rights to be represented at meetings of the Assembly and each contracting State shall be entitled to one vote. The delegates representing the contracting States may be assisted by technical advisors, who may participate in the meetings, but shall have no vote. A quorum of the Assembly shall consist of a majority of the contracting States. Except as otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast.

Powers and Duties of the Assembly. The powers and duties of the Assembly shall be to: elect its President and other officers at each meeting; elect the contracting States to be represented on the Council in accordance with the provisions of Chapter IX; examine the reports of the Council and act thereon as seems advisable and decide upon any matter which the Council refers to it; establish its own rules of procedure and create such subsidiary commissions as it may deem necessary or desirable; approve annual budgets and determine the financial regulations of the Organization in accordance with the provisions of Chapter XII;4 examine the accounts and approve the financial report of the Organization; at its discretion refer to the Council, the subsidiary commissions, or any other body any matter within its sphere of action; delegate to the Council such of the powers and authority granted to the Assembly as it may deem necessary or desirable for the discharge of the duties and obligations of the Organization and revoke or modify the delegations of authority at any time; carry out the appropriate provisions of Chapter XIII; consider proposals for the modification or amendment of the provisions of this Convention and, if it approves of them, recommend them to the contracting States in accordance with the provisions of Chapter XXI; deal with any matter within the sphere of action of the Organization not specifically assigned to the Council. CHAPTER IX THE COUNCIL

Composition and Election of the Council. The Council shall be a permanent body responsible to the Assembly. It shall be composed of thirty-three contracting States elected by the Assembly. An election shall take place at the first meeting of the Assembly and thereafter every three years. The members of the Council so elected shall hold office until their successors are elected.5 4 This is the text of the Article as amended at the 8th session of the Assembly, on June 14, 1954; it came into force on December 12, 1956. In accordance with Article 94 a) of the Convention, the amended text is in force as regards States which have ratified the amendment. As regards States which have not ratified the amendment, the original text continues in force and is therefore reproduced hereinafter: "e) Approve an annual budget and determine the financial regulations of the Organization in accordance with the provisions of Chapter XII;". 5 This is the text of the Article as amended at the 21st session of the Assembly, on October 14, 1974; it came into force on February 15, 1980. The initial text of the Convention provided that the Council would be composed of

b) In electing the members of the Council, the Assembly shall give adequate representation to:

• 1)

  the States of chief importance in air transport;

• 2)

  the States not otherwise included which make the largest contribution to the provision of facilities and services for international civil air navigation; and 3) the States not otherwise included whose designation will ensure that all the major geographic areas of the world are represented on the Council. Any vacancy in the Council shall be filled as soon as possible by the Assembly; the contracting State elected to fill such vacancy shall hold office for the remainder of the term of the member it replaces. No representative of a contracting State on the Council shall be actively engaged in the operation of an international air service or be financially interested in such operation.

President of the Council. The Council shall elect its President for a term of three years. He may be re-elected. He shall have no vote. The Council shall elect from among its members one or more vice-presidents, who shall retain the right to vote when acting as President. The President need not be selected from among the representatives of the members of the Council but if elected from among such representatives his seat shall be considered vacant and shall be filled by the State which he represented. The duties of the President shall be to: convoke the meetings of the Council, of the Air Transport Committee, and of the Air Navigation Commission; act as representative of the Council; and perform on behalf of the Council the functions which the Council assigns to him.

Voting in the Council. Decisions of the Council shall be taken by a majority of its members. The Council may delegate its authority to a committee composed of its members to deal with a particular matter. Any contracting State may appeal to the Council from decisions taken by any committee of the Council.

Participation without Vote. Any contracting State may participate, without vote, in the consideration by the Council and by its committees and commissions of any question which especially affects its interests. No member of the Council shall vote in the consideration by the Council of a dispute in which that member is a party.

Mandatory Functions of the Council. The Council shall: submit annual reports to the Assembly; carry out the directions of the Assembly and discharge the duties and obligations laid upon it by this Convention; determine its organization and establish its rules of procedure; appoint and define the duties of an Air Transport Committee which shall be elected from among the representatives of the members of the Council and to which the Committee shall be responsible; establish an Air Navigation Commission in accordance with the provisions of Chapter X; twenty-one members. That text was subsequently amended by the 13th (extraordinary) session of the Assembly on June 19, 1961; that amendment came into force on July 17, 1962 and provided that the Council would be composed of twenty-seven members; a further amendment was adopted by the 17th (A) (extraordinary) session of the Assembly on March 12, 1971, providing that the Council would be composed of thirty members; this last amendment came into force on January 16, 1973.

administer the funds of the Organization in accordance with the provisions of Chapters XII and XV; determine the emoluments of the President of the Council; appoint a chief executive officer, to be called the Secretary General, and make provisions for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI; request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services, including information relative to the costs of operation and on subsidies paid from public funds to airlines; transmit to the contracting States any infringement of this Convention, as well as information on any failure to carry out recommendations or decisions of the Council; transmit to the Assembly any infringement of this Convention when a contracting State has failed to take appropriate action within a reasonable time after notification of the infringement; adopt international standards and recommended practices and procedures dealing with such technical aviation matters as the safety, regularity and efficiency of air navigation, and designate them as Annexes to this Convention in accordance with the provisions of Chapter VI of this Convention, and notify all contracting States of the action taken; consider recommendations from the Air Navigation Commission for amendments to the Annexos and take action in accordance with the provisions of Chapter XX; examine into any matter relating to this Convention referred to it by a contracting State.

Optional Functions of the Council. The Council may: when it appears desirable and the experience of the Organization confirms the necessity thereof, create subsidiary commissions on air transport on a regional or other basis and assign to them any of the air transport functions which the Council is authorized to discharge; delegate to the Air Navigation Commission any of the functions which the Council is authorized to delegate under the provisions of this Convention and revoke or modify any such delegation; conduct research into all aspects of air transport and air navigation affecting international civil aviation and furnish information and data on this subject to the contracting States and facilitate an exchange of information between contracting States on air transport and air navigation matters; study any matters relating to the organization and operation of international civil air transport, including the ownership and operation on international routes of air services, and present to the Assembly plans with respect to such matters; investigate, at the request of any contracting State, any situation which may present avoidable obstacles to the development of international civil air navigation and, after such investigation, issue such reports as it may deem advisable. CHAPTER X THE AIR NAVIGATION COMMISSION

Appointment of the Commission. The Air Navigation Commission shall be composed of fifteen members appointed by the Council from among persons nominated by the contracting States. These persons shall have appropriate qualifications and experience in aeronautical science and practice. The Council shall invite all contracting States to nominate candidates. The President of the Air Navigation Commission shall be appointed by the Council.6 6 Text resulting from the amendment made at the 18th session of the Assembly on July 7, 1971, which came into force on December 19, 1974. The initial text of the Convention provided that the Air Navigation Commission would be composed of twelve members.

Obligations of the Commission. The Air Navigation Commission shall: consider and recommend to the Council for adoption amendments to the Annexes to this Convention; establish such subsidiary technical commissions as may be necessary and in which any contracting State may be represented if it so desires; advise the Council on the collection and communication to the contracting States of all information which it considers necessary and useful to the advancement of air navigation. CHAPTER XI PERSONNEL

Appointment of Personnel. Subject to regulations established by the Assembly and to the provisions of this Convention, the Council shall determine the method of appointment and conditions of service, the training, and the salaries and allowances of the Secretary General and other personnel of the Organization, in accordance with such general principles as the Assembly may establish, and with due regard to the importance of recruiting and retaining personnel of the highest caliber.

International Character of Personnel. In the discharge of their functions, the President of the Council, the Secretary General, and the personnel shall not seek or accept instructions from any authority external to the Organization. Each contracting State undertakes fully to respect the international character of the functions of the personnel and not to seek to influence any of its nationals in the discharge of their responsibilities.

Immunities and privileges of personnel. Each contracting State undertakes, to the extent permitted by its constitutional system, to accord to the President of the Council, the Secretary General and other personnel of the Organization the immunities and privileges granted to corresponding personnel of other public international organizations. Should a general international agreement be reached concerning the immunities and privileges of international civil officials, the immunities and privileges granted to the President, the Secretary General and other personnel of the Organization shall be those granted in accordance with such general international agreement. CHAPTER XII FINANCES

Budget and distribution of expenses. The Council shall submit to the Assembly budgets, accounts and estimates of all revenues and expenditures for annual periods. The Assembly shall approve the budgets with such modifications as it deems desirable to introduce and, except for the apportionment of contributions which shall be made in accordance with Chapter XV among the States consenting thereto, shall distribute the expenses of the Organization among the contracting States in such manner as it shall from time to time determine.

Suspension of voting rights. The Assembly may suspend the voting rights in the Assembly and in the Council of any contracting State that fails within a reasonable period to fulfill its financial obligations to the Organization. This is the text of the Article as amended at the 8th session of the Assembly on 14 June 1954; it came into force on 12 December 1956. In accordance with Article 94 a) of the Convention, the amended text is in force as regards States that have ratified the amendment. As regards States that have not ratified it, the original text continues in force and is accordingly reproduced below.

Expenses of delegations and other representatives. Each contracting State shall bear the expenses of its own delegation to the Assembly and the remuneration, travel and other expenses of any person it appoints to act on the Council, as well as of those who represent it or are appointed to act for such State in any committee or subsidiary commission of the Organization.

Arrangements concerning security. The Organization may, by vote of the Assembly, with respect to aeronautical matters within its competence which directly affect world security, conclude appropriate arrangements with any general organization established by the nations of the world for the maintenance of peace.

Arrangements with other international organizations. The Council, on behalf of the Organization, may conclude agreements with other international organizations for the maintenance of common services and for common arrangements concerning personnel and, with the approval of the Assembly, may participate in any arrangements that may facilitate the work of the Organization.

Functions relating to other agreements. The Organization shall likewise perform the functions assigned to it by the International Air Services Transit Agreement and by the International Air Transport Agreement, both drawn up in Chicago on 7 December 1944, in accordance with the terms and conditions set forth therein. Members of the Assembly and of the Council who have not accepted the International Air Services Transit Agreement or the International Air Transport Agreement, drawn up in Chicago on 7 December 1944, shall have no right to vote on any question referred to the Assembly or to the Council in accordance with the provisions of the Agreement in question.

Transmission of reports to the Council. Each contracting State undertakes that its international air lines shall report to the Council, in such manner as the Council may prescribe, traffic reports, cost statistics and financial statements showing, among other things, all revenues and the sources from which they are derived.

Designation of routes and airports. Each contracting State has the right to designate the route to be followed within its territory by any international air service and the airports which such service may use, subject to the provisions of this Convention.

Improvement of airports and air navigation facilities and services. If the Council is of the opinion that the airports or other air navigation facilities and services, including radio and meteorological services, of a contracting State are not reasonably adequate for the safe, regular, efficient and economical operation of international air services, existing or contemplated, the Council shall consult with the State in question and with such other States as may be affected, with a view to finding means by which the situation may be remedied, and may make recommendations for that purpose. No contracting State shall be guilty of an infraction of this Convention if it does not comply with such recommendations.

Financing of air navigation facilities and services. A contracting State in whose territory the situation described in Article 69 exists may conclude an arrangement with the Council for the purpose of carrying out the recommendations. The State may assume the entire cost of executing the arrangement; otherwise the Council may agree, at the request of the State, to assume the entire cost or any portion thereof.

Provision and maintenance of air navigation facilities and services by the Council. If a contracting State so requests, the Council may agree to provide, staff, maintain and administer any or all of the airports and other air navigation facilities and services, including radio and meteorological services, required in its territory for the safe, regular, efficient and economical operation of international air services of the other contracting States, and may fix just and reasonable charges for the use of the facilities and services provided.

Acquisition or use of land. When land is needed for facilities and services which are financed in whole or in part by the Council at the request of a contracting State, that State shall either provide the land, retaining title if it desires, or alternatively shall facilitate the use of the land by the Council on fair and reasonable terms and in accordance with the laws of that State.

Expenses and apportionment of funds. The Council, within the limits of the funds made available to it by the Assembly in accordance with Chapter XII, may make expenditures from the general funds of the Organization for the ordinary expenses of carrying out the purposes of this Chapter. For the purposes of this Chapter, the Council may apportion, on a proportional basis and for a reasonable period, the capital contributions required among contracting States consenting thereto whose air lines use the facilities and services. The Council may also apportion among the consenting States any working capital required.

Technical assistance and application of revenues. When, at the request of a contracting State, the Council advances funds or provides airports or other air navigation facilities and services in whole or in part, the arrangement may include, if the State so agrees, provision for technical assistance in the supervision and operation of such airports and other facilities and services, and the application of the revenues derived from the operation of the airports and facilities and services to the payment of the operating expenses of such airports and facilities and services and to the payment of interest and amortization charges.

Acquisition of Facilities and Services Supplied by the Council. A contracting State may at any time free itself from any obligation undertaken pursuant to Article 70 and take over the airports and other facilities and services provided by the Council in its territory in accordance with the provisions of Articles 71 and 72, upon payment to the Council of a sum which, in the opinion of the Council, is reasonable under such circumstances. If the State considers the sum fixed by the Council to be unreasonable, it may appeal the Council's decision to the Assembly, which may confirm or amend such decision.

Restitution of Funds. The funds obtained by the Council from reimbursements under Article 75 and from interest and amortization income under Article 74 shall, in the case of advances financed originally by the States in accordance with Article 73, be returned to the States among which they were originally apportioned in proportion to their contributions, as determined by the Council. CHAPTER XVI JOINT OPERATING ORGANIZATIONS AND POOLED SERVICES

Authorized Joint Operating Organizations. Nothing in this Convention prevents two or more contracting States from establishing joint operating organizations for the conduct of air transport and international operating agencies, nor from pooling their air services on any route or in any region, but such organizations or agencies and such pooled services shall be subject to all the provisions of this Convention, including those relating to the registration of agreements with the Council. The Council shall determine the manner in which the provisions of this Convention concerning the nationality of aircraft shall apply to aircraft used by international operating agencies.

Function of the Council. The Council may suggest to the contracting States concerned the formation of joint organizations to operate air services on any routes or in any regions.

Participation in Operating Organizations. A State may participate in joint operating organizations or in pooling arrangements through its government or through one or more air transport companies designated by it. The companies, at the sole discretion of the State concerned, may be state-owned, partially state-owned, or privately owned.

PART IV FINAL PROVISIONS CHAPTER XVII OTHER AERONAUTICAL AGREEMENTS AND ARRANGEMENTS

Paris and Havana Conventions. Each contracting State undertakes to notify, as soon as this Convention comes into effect, the denunciation of the Convention on the Regulation of Aeronautical Navigation signed at Paris on October 13, 1919, or of the Convention on Commercial Aviation signed at Havana on February 20, 1928, if it is a party to either one. This Convention replaces, among the contracting States, the Paris and Havana Conventions previously mentioned.

Registration of Existing Agreements. All aeronautical agreements existing when this Convention comes into effect, between a contracting State and any other State, or between an airline of a contracting State and any other State or airline of another State, shall be registered immediately with the Council.

Abrogation of Incompatible Arrangements. The contracting States agree that this Convention abrogates all obligations and mutual understandings that are incompatible with its provisions and undertake not to enter into any such obligations or understandings. A contracting State which, before becoming a member of the Organization, has undertaken with a non-contracting State or a national of a contracting or non-contracting State obligations incompatible with the provisions of this Convention shall take immediate steps to free itself from such obligations. If an airline of a contracting State has undertaken such incompatible obligations, the State of which it is a national shall do everything in its power to obtain their immediate rescission and, in any event, shall cause them to be rescinded as soon as legally possible after the coming into force of this Convention.

Registration of New Arrangements. Subject to the provisions of the preceding Article, every contracting State may enter into arrangements not incompatible with the provisions of this Convention. Every arrangement of this nature shall be registered immediately with the Council, which shall make it public at the earliest possible moment.

7. Transfer of Certain Functions and Obligations. Notwithstanding the provisions of Articles 12, 30, 31, and 32 a), when an aircraft registered in a contracting State is operated in accordance with a lease, charter, or aircraft exchange contract, or any similar arrangement, by an operator whose principal place of business, or, if it has no such place of business, whose permanent residence is in another contracting State, the State of registration may, by agreement with that other State, transfer to it all or part of its functions and obligations as State of registration with respect to such aircraft, in accordance with Articles 12, 30, 31, and 32 a). The State of registration shall be relieved of its responsibility with respect to the functions and obligations transferred. The transfer shall not have effect with respect to other contracting States until the agreement between States on the transfer has been registered with the Council and made public in accordance with the

or a State party to such agreement has communicated directly the existence and scope of the agreement to the other interested contracting States. The provisions of paragraphs a) and b) above shall also apply in cases provided for by Article 77. 7 On October 6, 1980, the Assembly decided to amend the Chicago Convention by including Article 83 bis. In accordance with Article 94 a) of the Convention, the amendment came into force on June 20, 1997 as far as the States that ratified it are concerned.

CHAPTER XVIII DISPUTES AND NONCOMPLIANCE

Settlement of Disputes. If a disagreement arises between two or more contracting States concerning the interpretation or application of this Convention and its Annexes which cannot be settled by negotiation, it shall be decided by the Council at the request of any State involved in the disagreement. No member of the Council shall vote in the consideration of a dispute in which that member is a party. Any contracting State may, subject to Article 85, appeal from any decision of the Council to an ad hoc arbitral tribunal accepted by the other parties to the dispute, or to the Permanent Court of International Justice. Such an appeal shall be notified to the Council within sixty days of receipt of notification of the Council's decision.

Arbitration Procedure. If a contracting State party to a dispute in which an appeal has been taken from a Council decision has not accepted the Statute of the Permanent Court of International Justice and if the contracting States parties to the dispute cannot agree on the choice of an arbitral tribunal, each of the contracting States parties to the dispute shall designate one arbitrator and these shall appoint a third. If any contracting State party to the dispute fails to designate an arbitrator within three months from the date of appeal, the President of the Council shall designate an arbitrator on behalf of such State from a list of qualified and available persons maintained by the Council. If within thirty days the arbitrators cannot agree on the third, the President of the Council shall designate the third from the aforesaid list. The arbitrators and the third shall thereupon constitute an arbitral tribunal. Every arbitral tribunal established under this Article or the preceding Article shall establish its own procedure and shall render its decisions by majority vote, provided that the Council may decide questions of procedure in case of delays which, in its opinion, are excessive.

Appeals. Unless the Council decides otherwise, any decision of the Council as to whether an international airline operates in accordance with the provisions of this Convention shall continue in force unless reversed on appeal. On any other question, Council decisions, if appealed, shall be suspended until the appeal is decided. Decisions of the Permanent Court of International Justice or of an arbitral tribunal shall be final and binding.

Penalties for Noncompliance by Airlines. Every contracting State undertakes to prevent the operation of aircraft of an airline of a contracting State in the airspace over its territory if the Council has decided that the airline in question is not complying with a final decision rendered pursuant to the preceding Article.

Sanctions against States in case of non-compliance The Assembly shall suspend the right to vote in the Assembly and in the Council of any contracting State that is in default with respect to the provisions of this Chapter. CHAPTER XIX WAR

State of war and situations of emergency In case of war, the provisions of this Convention shall not affect the freedom of action of the contracting States affected, whether belligerents or neutrals. The same principle shall apply when a contracting State declares a state of national emergency and communicates it to the Council. CHAPTER XX ANNEXES

Adoption and amendment of the Annexes The adoption by the Council of the Annexes provided for in paragraph /) of Article 54 shall require a two-thirds vote of the Council in a session convened for that purpose; they shall then be submitted by the Council to each contracting State. Any Annex or amendment to one thereof shall take effect three months after it has been transmitted to the contracting States or after the expiration of a longer period prescribed by the Council, unless in the meantime the majority of the contracting States register their disapproval with the Council. The Council shall immediately notify all contracting States of the entry into force of any Annex or amendment thereto. CHAPTER XXI RATIFICATIONS, ADHESIONS, AMENDMENTS AND DENUNCIATIONS

Ratification of the Convention This Convention shall be ratified by the signatory States. The instruments of ratification shall be deposited in the archives of the Government of the United States of America, which shall notify the date of deposit to each of the signatory and adhering States. As soon as twenty-six States have ratified or adhered to this Convention, it shall enter into force between them on the thirtieth day after the deposit of the twenty-sixth instrument. It shall enter into force for each State that ratifies it thereafter on the thirtieth day after the deposit of the corresponding instrument of ratification. It shall be the obligation of the Government of the United States of America to notify the Government of each of the signatory and adhering States of the date of entry into force of this Convention.

Adhesion to the Convention This Convention shall be open to adhesion by members of the United Nations, by States associated with them, and by States that remained neutral during the present world conflict. Adhesion shall be effected by notification addressed to the Government of the United States of America and shall take effect on the thirtieth day from the date of receipt of the notification by the Government of the United States of America, which shall notify all contracting States.

Admission of other States States not provided for in Articles 91 and 92 a) may, with the vote of four-fifths of the Assembly and on the conditions that it fixes, participate in this Convention, subject to the consent of the general international agency established by the nations of the world to preserve peace; it being understood that in each case the assent of every State invaded or attacked during the present war by the State applying for admission shall be necessary.

ARTICLE 93bis: 8.- Notwithstanding the provisions of Articles 91, 92 and 93 foregoing, 8 On 27 May 1947, the Assembly decided to modify the Chicago Convention, including Article 93 bis. In accordance with Article 94 a) of the Convention, the amendment entered into force on 20 March 1961 insofar as it concerns the States that ratified it. a) a State whose government the General Assembly of the United Nations has recommended be excluded from international agencies established by or linked with the United Nations shall automatically cease to be a member of the International Civil Aviation Organization; a State that has been expelled from the United Nations shall automatically cease to be a member of the International Civil Aviation Organization, unless the General Assembly of the United Nations includes in its record of expulsion a recommendation to the contrary. A State that ceases to be a member of the International Civil Aviation Organization as a result of the provisions of paragraph a) above may, subject to approval by the General Assembly of the United Nations, be readmitted to the International Civil Aviation Organization by application and with the approval of the majority of the Council. Members of the Organization that are suspended in the exercise of their rights and privileges as members of the United Nations shall, if the United Nations requests, be suspended in their rights and privileges as members of this Organization.

Amendments to the Convention Any amendment to this Convention shall be approved by a two-thirds vote of the Assembly and shall enter into force with respect to States that have ratified it, when ratified by the number of contracting States determined by the Assembly. This number shall not be less than two-thirds of the total of contracting States. If the Assembly is of the opinion that the amendment is of such a nature as to justify such a measure, it may provide, in the resolution recommending its adoption, that any State that has not ratified it within a specified period after it enters into force shall ipso facto cease to be a member of the Organization and a party to the Convention.

Denunciation of the Convention Any contracting State may notify the denunciation of this Convention three years after its entry into force, by notification addressed to the Government of the United States of America, which shall immediately inform each of the contracting States. The denunciation shall take effect one year after the date of receipt of the notification and shall apply only to the State that has made such denunciation. CHAPTER XXII DEFINITIONS

For the purposes of this Convention the following terms mean: "Air service", any regular air service operated by aircraft of public transport carrying passengers, mail or cargo. "International air service", air service that passes through the airspace above the territory of more than one State. "Airline", any air transport enterprise that offers or operates an international air service. "Landing for non-commercial purposes", landing for purposes other than the embarkation or disembarkation of passengers, cargo or mail. SIGNATURE OF THE CONVENTION IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized, sign this Convention on behalf of their respective Governments on the dates appearing opposite their signatures. DONE at Chicago, this seventh day of December, nineteen hundred and forty-four, in the English language. A text drawn up in the Spanish, French and English languages, each of which shall have equal authenticity, shall be open for signature at Washington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, which shall transmit certified copies to the Governments of all States that sign or adhere to this Convention.

The text in the Spanish and French languages of the Convention attached to this Protocol constitutes, together with the text in the English language of the Convention, the equally authentic text in three languages, as expressly provided for in the final paragraph of the Convention. Article II If a State party to this Protocol has ratified or in the future ratifies any amendment made to the Convention in accordance with Article 94 a) thereof, the text in the Spanish, French and English languages of such amendment shall be considered to relate to the text of equal authenticity in the three languages resulting from this Protocol. Article III Member States of the International Civil Aviation Organization may be parties to this Protocol either by: signature without reservation of acceptance, signature under reservation of acceptance, followed by acceptance, acceptance. This Protocol shall be open for signature at Buenos Aires until 27 September 1968 and thereafter at Washington, D.C. 1 Entered into force on 24 October 1968. 2 See the text of the Convention in the Spanish and French languages referred to in this article in the second and third columns of pages 1 to 39 of this document, as provided in paragraph 2 of the Preamble on page III. Acceptance shall be effected by deposit of an instrument of acceptance with the Government of the United States of America. Adhesion to this Protocol or its ratification or approval shall be considered as acceptance thereof. Article IV This Protocol shall enter into force on the thirtieth day after twelve States have, in accordance with the provisions of Article III, signed it without reservation of acceptance or have accepted it. With respect to any State that subsequently becomes a party to this Protocol in accordance with the provisions of Article III, the Protocol shall enter into force on the date of signature without reservation of acceptance or of acceptance. Article V Future adhesion of a State to the Convention shall be considered as acceptance of this Protocol. Article VI As soon as this Protocol enters into force, it shall be registered with the United Nations and with the International Civil Aviation Organization by the Government of the United States of America. Article VII This Protocol shall remain in force as long as the Convention remains in force. This Protocol shall cease to be in force with respect to a State only when that State ceases to be a party to the Convention. Article VIII The Government of the United States of America shall notify all member States of the International Civil Aviation Organization and the Organization itself of: Any signature of this Protocol and its date, indicating whether the signature is made without reservation or under reservation of acceptance; The deposit of any instrument of acceptance and the date thereof. The date on which this Protocol enters into force in accordance with Article IV, paragraph 1. Article IX This Protocol, drawn up in the Spanish, French and English languages, each text having equal authenticity, shall be deposited in the archives of the Government of the United States of America, which shall transmit duly certified copies thereof to the Governments of the member States of the International Civil Aviation Organization. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorized, have signed this Protocol. DONE at Buenos Aires, this twenty-fourth day of September, nineteen hundred and sixty-eight.