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Artigo 21.º — Denúncia

Vigente desde: 14/09/1996

Qualquer das Partes Contratantes pode, a todo o momento, notificar, por escrito, através dos canais diplomáticos, a outra Parte Contratante da sua decisão de denunciar o presente Acordo; tal notificação será simultaneamente comunicada à Organização da Aviação Civil Internacional. Nesse caso, o Acordo terminará 12 meses após a data de recepção da notificação pela outra Parte Contratante, salvo se a notificação for retirada por mútuo acordo antes de expirar aquele prazo. Caso a outra Parte Contratante não acuse a recepção da notificação, esta será considerada como tendo sido recebida 14 dias após a recepção da notificação pela Organização da Aviação Civil Internacional.

Em fé do que os signatários, devidamente autorizados para o efeito pelos respectivos Governos, assinaram o presente Acordo.

Feito em Lisboa aos 12 dias de Outubro de 1995, em duplicado, nas línguas portuguesa e inglesa, sendo ambos os textos igualmente autênticos.

Pelo Governo da República de Portugal:

Jorge Manuel Mendes Antas.

Pelo Governo da República da Namíbia:

Hidipo Haimutenya.

ANEXO

Quadro de rotas

  1. 1 -Rotas que podem ser operadas em ambas as direcções pela empresa designada pelo Governo da República de Portugal:

    Pontos em Portugal - um ou dois pontos intermédios em África - Windhoek - ponto além em África.

  2. 2 -Rotas que podem ser operadas em ambas as direcções pela empresa designada pelo Governo da República da Namíbia:

    Pontos na Namíbia - um ou dois pontos intermédios em África - Lisboa - ponto além na Europa.

  3. 3 -Pontos intermédios e além podem ser mudados ao critério de uma empresa designada, com aviso prévio à outra empresa designada e às respectivas autoridades aeronáuticas.
  4. 1 -Para operar os serviços referidos no parágrafo 1 da secção I, a empresa designada pelo Governo da República de Portugal terá direito a:
    1. a)Desembarcar em Windhoek tráfego internacional de passageiros, bagagem, carga e correio embarcado em Portugal;
    2. b)Desembarcar em Portugal tráfego internacional de passageiros, bagagem, carga e correio embarcado em Windhoek.
  5. 2 -Para operar os serviços referidos no parágrafo 2 da secção I, a empresa designada pelo Governo da República da Namíbia terá direito a:
    1. a)Desembarcar em Lisboa tráfego internacional de passageiros, bagagem, carga e correio embarcado na Namíbia;
    2. b)Desembarcar na Namíbia tráfego internacional de passageiros, bagagem, carga e correio embarcado em Lisboa.
  6. 3 -A empresa designada de cada Parte Contratante poderá omitir escalas em qualquer ponto ou pontos de uma rota especificada, desde que o serviço tenha origem ou termine num ponto do território dessa Parte Contratante.

    Não deverá ser transportado tráfego de 5.ª liberdade, excepto se pontualmente acordado pelas autoridades aeronáuticas em questão.

    AIR SERVICES AGREEMENT BETWEEN THE REPUBLIC OF PORTUGAL AND THE REPUBLIC OF NAMIBIA

    Agreement between the Government of Republic of Portugal and the Government of the Republic of Namibia for air services between and beyond their respective territories.

    The Republic of Portugal and the Republic of Namibia hereinafter referred to as the Contracting Parties:

    Being parties to the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December 1944;

    Desiring to conclude an Agreement, supplementary to the said Convention, for the purpose of establishing air services between and beyond their respective territories;

    have agreed as follows:

    Article 1

    Definitions

    For the purpose of this Agreement and its annex, unless the context otherwise requires:

    1. a)«The Convention» means the Convention on International Civil Aviation, opened for signature at Chicago on the seventh day of December 1944 and includes any annex adopted under article 90 of that Convention and any amendment to the annexes or Convention 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;
    2. b)«Aeronautical Authority» means, in the case of the Republic of Namibia, the minister responsible for civil aviation or any person or body authorised to perform any particular function to which this Agreement relates and, in the case of the Republic of Portugal the minister responsible for civil aviation or any person or body authorised to perform any particular function to which this Agreement relates;
    3. c)«Agreement» means this Agreement, the annex attached thereto, and any amendment of the Agreement or the annex adopted in accordance with article 18 of this Agreement;
    4. d)«Annex» means the annex attached to this Agreement or as amended in accordance with the provisions of article 18 thereof, and for the purposes of this Agreement, the annex forms an integral part hereof and all references to the Agreement shall include reference to the annex, unless the context otherwise requires;
    5. e)«Air service», «international air service», «airline» and «stop for non-traffic purposes» have the meanings respectively assigned to them in article 96 of the Convention;
    6. f)«Designated airline» means an airline which has been designated and authorised in accordance with article 3 of this Agreement;
    7. g)«Tarif» means the prices to be charged for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail;
    8. h)«Territory» in relation to a State has the meaning assigned to it in article 2 of the Convention.

      Article 2

      Grant of rights

  7. 1 -Each Contracting Party grants to the other Contracting Party the following rights in respect of its scheduled international air services and nonscheduled services:
    1. a)The right to fly across its territory without landing;
    2. b)The right to make stops in its territory for non-traffic purposes.
  8. 2 -Each Contracting Party grants to the other Contracting Party the rights hereinafter specified in this Agreement for the purpose of operating scheduled international air services on the routes specified in the appropriate section of the schedule annexed to this Agreement. Such services and routes are hereinafter called «the agreed services» and «the specified routes» respectively. While operating an agreed service on a specified route the airline designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph 1 of this article and subject to the provisions of this Agreement, the right to make stops in the territory of the other Contracting Party at the points specified for that route in the schedule to this Agreement for the purpose of taking on board and discharging passengers, baggage and cargo, including mail.
  9. 3 -Nothing in paragraph 2 of this article shall be deemed to confer on the designated airline of one Contracting Party the right of taking up, 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.
  10. 4 -If because of armed conflict, serious political disturbance or other similar developments, or special and unusual circumstances, the designated airline of one Contracting Party is unable to operate a service on its normal routes, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangement of any such routes, including the temporary granting of alternative rights for such time as may be necessary to facilitate, subject to national requirements, continued operations.
  11. 5 -For the purpose of the application of paragraphs 1, 2 and 4 of this article, each Contracting Party may specify the routes to be followed above its territory by the airline of the other Contracting Party and the airport(s) which may be used. When applying paragraphs 2 and 4 of this article, the provisions of this paragraph shall be applied without discrimination between the designated airlines of both Contracting Parties. However, nothing in this paragraph shall supersede the provisions contained in article 5 of this Agreement or any agreed limitation on the operation of air services under this Agreement.

    Article 3

    Designation and authorization of airlines

  12. 1 -Each Contracting Party shall have the right to designate one airline for the purpose of operating the agreed services on the specified routes. Such designation shall be effected by written notification between the aeronautical authorities.
  13. 2 -On receipt of such designation, the other aeronautical authority shall, subject to the provisions of paragraphs 3 and 4 of this article, without unreasonable delay grant to the airline so designated the appropriate operating authorization(s).
  14. 3 -The Aeronautical Authority of one Contracting Party may require the airline designated by the other Contracting Party to satisfy it that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention.
  15. 4 -Each Contracting Party shall have the rigth to refuse to grant the operating authorization referred to in paragraph 2 of this article, or to impose such conditions as it may deem necessary on the exercise of the rights specified in article 2 of this Agreement, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.
  16. 5 -When an airline has been so designated it may begin at any time to operate the agreed services, provided that:
    1. a)A tariff established in accordance with the provisions of article 10 of this Agreement is in force; and
    2. b)A timetable has been filed in accordance with the provisions of article 11 of this Agreement and has not been disapproved.
  17. 6 -Each Contracting Party shall have the right by written notification between the aeronautical authorities of the Contracting Parties to replace an airline it has designated by another designated airline. The substitute airline shall have the same rights and be subject to the same obligations as the airline which it replaces.

    Article 4

    Sanctions

  18. 1 -Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in article 2 of this Agreement by the designated airline of the other Contracting Party or to impose such conditions as it may deem necessary on the exercise of these rights:
    1. a)In any case where it is not satisfied that a substantial part of the ownership and effective control of that airline are vested in that other Contracting Party or in nationals of such Contracting Party; or
    2. b)In the case of failure by that airline to comply with the laws or regulations in force in the territory of the Contracting Party granting these rights; or
    3. c)In any case where that airline fails to comply with a decision given under article 16 of this Agreement; or
    4. d)In any case where that airline otherwise fails to operate the agreed services in accordance with the conditions prescribed under this Agreement.
  19. 2 -Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party.

    Article 5

    Application of laws and regulations

  20. 1 -The laws and regulations of one Contracting Party relating to the admission to 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 to the aircraft of the airline designated by the other Contracting Party as they are applied to its own and shall be complied with by such aircraft upon entrance into or departure from and while within the territory of the first Contracting Party.
  21. 2 -The laws and regulations of one Contracting Party relating to the admission to or departure from its territory of passengers, baggage, crew, mail or cargo of aircraft, including laws and regulations relating to entry, clearance, immigration, passports, customs, quarantine and sanitary measures shall be complied with by or on behalf of such passengers, baggage, crew, mail or cargo of the airline of the other Contracting Party upon entrance into or departure from and while within the territory of the first Contracting Party.
  22. 3 -Notwithstanding the provisions of paragraph 2 of this article, each Contracting Party agrees to make provision by means of direct transit areas, direct transit arrangements, or otherwise, whereby crew, passengers, baggage, cargo, stores and mail continuing their journey on the same through-flight of the designated airline of the other Contracting Party may remain temporarily within their territory without undergoing any examination, except for reasons of aviation security, narcotics control or in special circumstances.

    Article 6

    Recognition of certificates and licences

    Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party, and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services, provided that requirements under which such certificates or licences were issued or rendered valid were equal to or above the minimum standards established pursuant to the Convention. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.

    Article 7

    Airport and similar charges

    Each Contracting Party may impose or permit to be imposed just and reasonable charges for the use of public airports and other air navigation facilities under its control, provided that such charges shall not be higher than the charges imposed for the use of such airports and facilities by aircraft of its national airlines engaged in similar international air transport services.

    Article 8

    Exemption from customs duties, inspection fees and other

    similar charges

  23. 1 -Aircraft operated on international scheduled or non-scheduled air transport services by airlines of either Contracting Party, as well as their regular and spare equipment, supplies of fuel, lubrificants and other consumable technical supplies and aircraft stores, including food, beverages, tobacco and any items intended for sale to or the entertainment of passengers on board such aircraft, shall be exempt from all customs duties, inspection fees and other similar national or local duties or charges on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are reexported or are used on the part of the journey performed over that territory.
  24. 2 -There shall also be exempt from the same national or local duties, fees and charges, with the exception of charges corresponding to the service performed:
    1. a)Aircraft stores taken on board in the territory of a Contracting Party, within such limits as may be fixed by the authorities of the said Contracting Party, for use on board outbound aircraft of the other Contracting Party engaged in international scheduled or non-scheduled air transport services;
    2. b)Spare parts and equipment, imported into the territory of either Contracting Party for incorporation in or use on aircraft engaged in international scheduled or non-scheduled air transport services or for the maintenance, repair or handling of such aircraft of either Contracting Party;
    3. c)Fuel, lubricants and other consumable technical supplies destined to supply outbound aircraft operated on international scheduled or nonscheduled air transport 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 Contracting Party in which they are taken on board;
    4. d)Baggage and cargo, in direct transit;
    5. e)Such equipment as may be necessary to fulfil the Standards and Recommended Practices of annex 17 to the Convention, in accordance with the rules and regulations in force applied by each Contracting Party; and
    6. f)Airline and operator's documents and advertising material, in accordance with the rules and regulations in force applied by each Contracting Party.
  25. 3 -Items referred to in sub-paragraphs a), b), c) and d) above may be required to be kept under customs supervision or control.
  26. 4 -The exemptions provided for in this article shall also apply to items listed in this article which are obtained in the territory of either Contacting Party from another airline, from an aircraft maintenance organisation or from an aircraft handling agent, provided that neither the supplier nor the recipient shall be entitled to any drawback on any excise or import duty or to any refund of inspection fees or national or local taxes, duties, fees or charges due or already paid on any such item.
  27. 5 -Any item imported or transferred under the exemption provided for in this article, shall become subject, to customs and other duties, levies and taxes ordinarily applied to the import, export and or sale of such item under the laws and regulations of the Contracting Party in whose territory it was so imported or transferred, if sold, transferred or otherwise disposed of to any person in that territory other than a person enjoying similar exemptions pursuant to this Agreement or pursuant to any other agreement or treaty binding upon that Contracting Party.
  28. 6 -The regular airborne equipment, as well as the materials and supplies normally retained on board the aircraft of either Contracting Party, may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of that territory. In such case, they may be placed under the supervision of the said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.

    Article 9

    Principles governing the operation of the agreed services

  29. 1 -There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.
  30. 2 -In operating the agreed services, the designated airline of each Contracting Party shall take into account the interests of the designated airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same routes.
  31. 3 -The agreed services provided by the designated airlines of the Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated requirements, including seasonal variations, for the carriage of passengers, baggage, cargo and mail both taken up and put down at points on the specified routes in the territories of the Contracting Parties which have designated the airlines.
  32. 4 -Any provision for the carriage of passengers, baggage, cargo and mail both taken up and discharged at points on the specified routes in the territories of States other than that designating the airline shall be made in accordance with the general principles that capacity shall be related to:
    1. a)Traffic requirements to and from the territory of the Contracting Party which has designated the airline;
    2. b)Traffic requirements of the area through which the agreed services pass, after taking account of other transport services established by airlines of the States comprising the area; and
    3. c)The requirements of through airline operation.
  33. 5 -Both designated airlines shall endeavour to agree on the total capacity to be provided on such services.
  34. 6 -Each designated airline shall submit to the aeronautical authorities of both Contracting Parties, for approval, the capacity to be provided by it on the agreed services.
  35. 7 -The total capacity to be provided on the agreed services by the designated airlines of the Contracting Parties shall be approved by the aeronautical authorities of the Contracting Parties before commencement of operations, and thereafter according to anticipated traffic requirements. Such approval shall take into consideration any written submissions as to capacity made by the designated airlines.
  36. 8 -In the event that the Aeronautical Authority of one Contracting Party does not approve the capacity submitted, it shall request consultation in accordance with article 17 of this Agreement.
  37. 9 -If, on review, the Contracting Parties fail to agree on the capacity to be provided on the agreed services, the capacity that may be provided by the designated airlines of the Contracting Parties shall not exceed the total capacity, including seasonal variations, previously agreed to be provided.

    Article 10

    Tariffs

  38. 1 -The tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines.
  39. 2 -The tariffs referred to in paragraph 1 of this article shall, if possible, be agreed to by the designated airlines of both Contracting Parties, and such agreement shall, whenever possible, be reached by the use of the procedures of the International Air Transport Association for the determination of tariffs, or by the use of such other procedures for the establishment of such tariffs as may be agreed by both Contracting Parties.
  40. 3 -The tariffs so agreed to shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least 60 days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.
  41. 4 -Approval may be given expressly. If neither of the aeronautical authorities has expressed desapproval within 30 days from the date of submission in accordance with paragraph 3 of this article, these tariffs shall be considered as approved. In the event of the period for approval being reduced, as provided for in paragraph 3 of this article, the aeronautical authorities may agree that the period within which any disapproval must be notified shall also be less than 30 days.
  42. 5 -If a tariff submitted for approval cannot be agreed to in accordance with paragraph 2 of this article, or if, during the period applicable in accordance with paragraph 4 of this article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of a tariff agreed to in accordance with the provisions of paragraph 2 of this artiche, the aeronautical authorities of the Contracting Parties shall endeavour to determine the tariff by mutual agreement.
  43. 6 -If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this artiche, or on determination of any tariff under paragraph 5 of this article, the dispute shall be settled in accordance with the provisions of article 16 of this Agreement.
  44. 7 -A tariff established in accordance with the provisions of this article shall remain in force until a new tariff has been established. Nevertheless the use of an existing tariff shall not be prolonged by virtue of this paragraph for more than 12 months after the date on which it otherwise would have expired.
  45. 8 -The aeronautical authorities of each Contracting Party shall exercise their best efforts to ensure that the designated airlines conform to the agreed tariffs filed with the aeronautical authorities of the Contracting Parties, and that no airline rebates any portion of such tariffs by any means, directly or indirectly, without approval of the aeronautical authorities of the Contracting Parties which may be given generally or in any particular case or class of cases.

    Article 11

    Submission of timetables

  46. 1 -The timetables of the designated airline of each Contracting Party shall be filed with the aeronautical authority of the other Contracting Party.
  47. 2 -These timetables shall be filed at least 30 days before they are due to become effective and shall include information pertaining to schedules, frequency of service and types and configuration of aircraft to be operated.
  48. 3 -Any modification to a timetable already submitted other than an ad hoc modification, shall be filed with the aeronautical authorities at least 15 days before such modification is to become effective. An ad hoc modification shall be filed with the aeronautical authorities at least one working day before such modification is to become effective. Nevertheless the aeronautical authorities shall endeavour to expedite the decision relating to any ad hoc modification.
  49. 4 -If no notice of disapproval is received before the effective date of a timetable or a timetable modification, it shall be regarded as approved, always provided that such tacit approval shall become void automatically if applicable limitations as to the capacity and frequency which may be offered will be exceeded.
  50. 5 -In exceptional cases the periods specified in paragraphs 2 and 3 of this article may be reduced if agreed to by both aeronautical authorities.

    Article 12

    Aviation security

  51. 1 -Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on 23 September 1971.
  52. 2 -The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of their civil aircraft and other acts of unlawful interference against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other relevant threat to the security of civil aviation.
  53. 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 both Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residance in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.
  54. 4 -Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 of this article required by the other Contracting Party for entry into, departure from, or while within, the territory of that other Contracting Party. Each Contracting Party shall ensure that measures are effectively applied within its territory to protect the aircraft and to secutity screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage, cargo and aircraft stores prior to boarding or loading. Each Contracting Party also agrees to give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
  55. 5 -When an incident or threat of an incident of unlawful seizure of civil aircraft or other acts of unlawful interference against the safety of such aircraft, their passengers and crew, airports or other air navigation facilities occurs, the Contracting Parties shall, in mutual consultation, assist each other by facilitating communications and other appropriate measures intended to terminate, as rapidly as commensurate with minimum risk to life, such incident or threat thereof.
  56. 6 -Each Contracting Party shall take such measures as it may find practicable to ensure that an aircraft of the other Contracting Party subjected to an act of unlawful seizure or other act(s) of unlawful interference which is on the ground in its territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its crew and passengers. Wherever practicable, such measures shall be taken on the basis of consultations with the other Contracting Party.
  57. 7 -Notwithstanding the provisions of paragraph 2 of article 17 of this Agreement, should one Contracting Party have reasonable grounds to believe that the other Contracting Party has deviated significantly from any of the provisions of this article, it may request immediate consultations with that other Contracting Party.

    Article 13

    Provision of statistics

    The aeronautical authorities of one Contracting Party shall supply to the aeronautical authorities of the other Contracting Party at their request such periodic or other statments of statistics as may be reasonably required. Such statments shall includ all information required to determine the capacity provided and the amount of traffic carried by the designated airline of that other Contracting Party on the agreed services, and the point of embarkation and disembarkation of such traffic.

    Article 14

    Earnings

  58. 1 -Each Contracting Party grants to the designated airline of the other Contracting Party the right of free transfer in accordance with its foreign exchange regulations and requirements at the official rate of exchange of the excess of receipts over expenditure earned by that airline in its territory in connection with the carriage of passengers, baggage, mail and cargo. Such transfers shall not be subject to any charges other than charges normally collected by banks for such operations.
  59. 2 -The transfer of earnings between the designated airlines shall be effected in such hard convertible currency as may be agreed to between them for this purpose from time to time.
  60. 3 -Each Contracting Party shall, on the basis of reciprocity, exempt from income tax and all other taxes on income imposed by it all income derived by the designated airline of the other Contracting Party from the operation of the agreed services.
  61. 4 -In the event that an agreement or convention dedicated to the avoidance of double taxation with respect to taxes on income and capital becomes effective between Namibia and Portugal, those provisions of such agreement or convention which are binding on both Contracting Parties shall, mutatis mutandis, supersede the provision in paragraph 3 of this article.

    Article 15

    Airline representation

  62. 1 -The designated airline of each Contracting Party shall be entitled to establish airline offices in the territory of the other Contracting Party and, subject to the laws and regulations relating to entry, employment and residence in the territory of the other Contracting Party, to introduce into and maintain in the territory such specialists in the technical, managerial and operational fields as well as such other specialists as may reasonably be required for the provision of the agreed air services.
  63. 2 -In order to carry out the operation of the agreed services each Contracting Party shall take all necessary measures to expedite the processing of permissions necessary for the entry, departure and residence, as the case may be, of the representatives referred to in paragraph 1 of this article, members of their families, crew members of the designated airlines, and officials of the designated airlines and of the aeronautical authorities of the other Contracting Party.
  64. 3 -Each Contracting Party grants to the designated airline of the other Contracting Party the right to engage in the sale of air transportation in its territory directly and, at the airline's discretion, through its agents. Each designated airline shall have the right to sell such transportation, and any person shall be free to purchase such transportation in the currency of that territory.

    Article 16

    Settlement of disputes

  65. 1 -If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle such dispute by negotiation.
  66. 2 -If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute to some competent person or body for mediation.
  67. 3 -a) If settlement is not reached in accordance with paragraphs 1 or 2 of this article the dispute shall, at the request of either Contracting Party, be submitted for decision to a tribunal of three arbitrators.
    1. b)Each Contracting Party shall appoint one arbitrator and the third arbitrator, to be jointly appointed by the two arbitrators so nominated, shall act as president of the tribunal.
    2. c)Each Contracting Party shall appoint its arbitrator within a period of 60 days from the date of receipt of a notice by either Contracting Party from the other, through diplomatic channels, requesting arbitration of the dispute by such a tribunal and the third arbitrator shall be appointed within a further period of 60 days commencing on the day immediately following the last calendar day of the period allowed for the appointment of the first two arbitrators.
    3. d)If either Contracting Party fails to appoint 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 be requested by either Contracting Party to appoint an arbitrator or arbitrators, as the case may require. In such case, the arbitrator or arbitrators appointed by the said President shall not be nationals or permanent residents of the States party to this Agreement.
  68. 4 -The Contracting Parties shall comply with a decision given under this article.
  69. 5 -Each Contracting Party shall meet the cost of remuneration and the expenses of its arbitrator. The remuneration and the expenses of the third arbitrator and the expenses of the tribunal, the nature and limits of which shall be agreed beforehand by the Contracting Parties, shall be shared equally between and shall be met by the Contracting Parties. Any question concerning the division of costs of the arbitral tribunal or the procedure for payment of such costs shall be determined by the arbitral tribunal.
  70. 6 -If and for as long as either Contracting Party fails to comply with a decision contemplated in paragraph 4 of this article the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted under this Agreement to the Contracting Party in default.

    Article 17

    Consultation

  71. 1 -In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties may 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 thereto.
  72. 2 -Either Contracting Party may request consultation, which may be through discussion or by correspondence, and such consultation shall begin within a period of 60 days from the date of receipt of the request, unless both Contracting Parties agree to an extension of this period.

    Article 18

    Amendment

  73. 1 -If either of the Contracting Parties considers it desirable to amend this Agreement, or any provision thereof, such amendment, if agreed between the Contracting Parties, shall enter into force when confirmed by an exchange of diplomatic notes.
  74. 2 -Notwithstanding the provisions of paragraph 1 of this article, amendments to the annex of this Agreement may be agreed to directly between the aeronautical authorities of the Contracting Parties. Such amendments shall apply provisionally from the date they have been agreed upon and enter into force when confirmed by an exchange of diplomatic notes.
  75. 3 -This Agreement shall, mutatis mutandis, be deemed to have been amended by those provisions of any international convention or multilateral agreement which become binding on both Contracting Parties.

    Article 19

    Entry into force

    This Agreement supersedes any agreements in force between the Contracting Parties in relation to air services between and beyond their respective territories and shall come into force on the date of signature.

    Article 20

    Registration with the International Civil Aviation Organization

    This Agreement and any amendment 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 intention to terminate this Agreement; such notice shall simultaneously be communicated to the International Civil Aviation Organization. In such case the Agreement shall terminate 12 months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party notice shall be deemed to have been received 14 days after the receipt of the notice by the International Civil Aviation Organization.

    In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

    Done at Lisbon, on this 12 th day of October 1995, in duplicate in the Portuguese and English languages, both texts being equally authentic.

    For the Government of the Republic of Portugal:

    Jorge Manuel Mendes Antas.

    For the Government of the Republic of Namibia:

    Hidipo Haimutenya.

    ANNEX

    Route schedule

    SECTION I

  76. 1 -Routes which may be operated in both directions by the airline designated by the Government of the Republic of Portugal:

    Points in Portugal - one or two intermediate points in Africa - Windhoek - point beyond in Africa.

  77. 2 -Routes which may be operated in both directions by the airline designated by the Government of the Republic of Namibia:

    Points in Namibia - one or two intermediate points in Africa - Lisbon - point beyond in Europe.

  78. 3 -Intermediate and beyond points can be changed at the discretion of a designated airline with prior notice to the other designated airline and the respective aeronautical authorities.

    SECTION II

  79. 1 -To operate the services refered to in paragraph 1 of section I the airline designated by the Government of the Republic of Portugal shall have the right:
    1. a)To disembark in Windhoek international traffic in passengers, baggage, cargo and mail embarked in Portugal;
    2. b)To disembark in Portugal international traffic in passengers, baggage, cargo and mail embarked in Windhoek.
  80. 2 -To operate the services referred to in paragraph 2 of section I the airline designated by the Government of the Republic of Namibia shall have the right:
    1. a)To disembark in Lisbon international traffic in passengers, baggage, cargo and mail embarked in Namibia;
    2. b)To disembark in Namibia international traffic in passengers, baggage, cargo and mail embarked in Lisbon.
  81. 3 -The designated airline of each Contracting Party may omit stops at any point or points on a specified route, provided that the service originates or terminates at a point in the territory of that Contracting Party.

    SECTION III

    The designated airlines of either Contracting Party may operate intermediate and or beyond points, at their option, on the above specified routes, and shall have the right to carry traffic in passengers, baggage, cargo and mail between that Contracting Party's own territory and such points.

    SECTION IV

    No fifth freedom traffic shall be carried except as may from time to time be agreed by the aeronautical authorities concerned.

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