ARTICLE 11 Except as otherwise provided in this agreement or its Annex, any dispute between the contracting parties relative to the interpretation or application of this agreement or its Annex, which cannot be settled through consultation, shall be submitted for an advisory report to a tribunal of three arbitrators, one to be named by each contracting party, and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either contracting party. Each of the contracting parties shall designate an arbitrator within two months of the date of delivery by either party to the other party of a diplomatic note requesting arbitration of a dispute; and the third arbitrator shall be agreed upon within one month after such period of two months. If the third arbitrator is not agreed upon, within the time limitation indicated, the vacancy thereby created shall be filled by the appointment of a person, designated by the President of the Council of International Civil Aviation Organization from a panel of arbitral personnel maintained in accordance with the practice of International Civil Aviation Organization. The executive authorities of the contracting parties will use their best efforts under the powers available to them to put into effect the opinion expressed in any such advisory report. A moiety of the expenses of the arbitral tribunal shall be borne by each party. ARTICLE 12 This agreement, including the provisions of the Annex thereto, will come into force on the day it is signed. In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed the present agreement. Done at Ciudad Trujillo this nineteenth day of July 1949, in duplicate in the English and Spanish languages, each of which shall be of equal authenticity. ANNEX TO AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE DOMINICAN REPUBLIC 1. Airlines of the United States authorized under the present agreement are accorded rights of transit and nontraffic stop in the Dominican Republic, as well as the right to pick up and discharge international traffic in passengers, cargo and mail at Ciudad Trujillo, over various routes in both directions from the United States to the Dominican Republic and beyond to Caribbean and South American points. 2. Airlines of the Dominican Republic are accorded rights of transit and nontraffic stop in the territory of the United States of America, as well as the right to pick up and discharge international traffic in passengers, cargo, and mail on the following routes, or via intermediate points, and in both directions: (1): The Dominican Republic to Miami. (2): The Dominican Republic to San Juan, Puerto Rico. 3. It is agreed between the contracting parties: A. The air carriers of the two contracting parties operating on routes described in the Annex of said Agreement shall enjoy fair and equal opportunity for the operation of the said routes. B. That the air transport capacity offered by the carriers of both countries should bear a close relationship to traffic requirements. C. That in the operation of common sections of trunk routes the air carriers of the contracting parties should take into account their reciprocal interests so as not to affect unduly their respective services. D. That the services provided by a designated air carrier under this agreement and its Annex shall retain as their primary objective the provision of capacity adequate to the traffic demands between the country of which such air carrier is a national and the country of ultimate destination of the traffic. E. That the right to embark and to disembark at points in the territory of the other country international traffic destined for or coming from third countries at a point or points specified in this Annex, shall be applied in accordance with the general principles of orderly development to which both Governments subscribe and shall be subject to the general principle that capacity shall be related: (1) To traffic requirements between the country of origin and the countries of destination; (2) To the requirements of through airline operation, and (3) To the traffic requirements of the area through which the airline passes after taking account of local and regional services. 4. Changes made by either contracting party in the routes provided for above, except those which change the points served by these airlines in the territory of the other contracting party, shall not be considered as modifications of the Annex. The aeronautical authorities of either contracting party may therefore proceed unilaterally to make such changes, provided, however, that notice of any change is given without delay to the aeronautical authorities of the other contracting party. If such other aeronautical authorities find that, having regard to the principles set forth in Section 3 of the present Annex, interests of their air carrier or carriers are prejudiced by the carriage by the air carrier or carriers of the first contracting party of traffic between the territory of the second contracting party and the new point in the territory of the third country, the authorities of the two contracting parties shall consult with a view to arrive at a satisfactory agreement. Points on any of the specified routes may at the option of the designated airlines be omitted on any or all flights. Air services operated on each of the air routes specified may be operated via intermediate points and in both directions. EXCHANGE OF NOTES The American Ambassador to the Secretary of State for Foreign Affairs No. 360 EXCELLENCY: CIUDAD TRUJILLO, D. R., July 19, 1949 I have the honor to refer to the description of routes to be operated by United States airlines in paragraph 1 of the annex to the air transport agreement signed today by the Government of the United States of America and the Government of the Dominican Republic, and to inform Your Excellency that it is the understanding of my Government that the words "from the United States" shall be construed to include any and all territory under the jurisdiction of the United States. Please accept, Excellency, the assurances of my highest and most distinguished consideration. His Excellency Lic. VIRGILIO DÍAZ ORDOÑEZ, Secretary of State for Foreign Affairs, Ciudad Trujillo. RALPH H. ACKERMAN The Secretary of State for Foreign Affairs to the American Ambassador I have the honor to acknowledge to Your Excellency receipt of the courteous note No. 360, dated today, and, with reference to the description of routes to be operated by United States airlines in paragraph 1 of the annex and to the air transport agreement signed today by the Government of the Dominican Republic and the Government of the United States of America, to inform Your Excellency that it is the understanding of my Government that the words "from the United States" shall be construed to include all territory under the jurisdiction of the United States. Please accept, Excellency, the assurances of my highest and most distinguished consideration. His Excellency RALPH H. ACKERMAN, any V. D. ORDOÑEZ Ecuador PEACE, FRIENDSHIP, NAVIGATION, Treaty signed at Quito June 13, 1839 Senate advice and consent to ratification July 15, 1840 Ratified by the President of the United States July 31, 1840 Ratified by Ecuador February 19, 1842 Ratifications exchanged at Quito April 9, 1842 Entered into force April 9, 1842 Proclaimed by the President of the United States September 23, 1842 1892 1 8 Stat. 534; Treaty Series 76 2 TREATY OF PEACE, FRIENDSHIP, NAVIGATION AND COMMERCE, Between THE UNITED States of America and the Republic of ECUADOR The United States of America and the Republic of Ecuador, desiring to make lasting and firm, the friendship and good understanding which happily prevails between both nations, have resolved to fix, in a manner, clear, distinct and positive, the rules which shall, in future, be religiously observed between the one and the other, by means of a treaty of friendship, commerce and navigation. For this most desirable object, the President of the United States of America, has conferred full powers on James C. Pickett, a citizen of the said States, and the President of the Republic of Ecuador, on Doctor Luis de Saa, Minister of Finance, charged with the Department of the Interior and Foreign Relations; who, after having exchanged their said full powers, in due and proper form, have agreed to the following articles: 1 Pursuant to notice of termination by Ecuador dated July 17, 1891. |