Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Sint Maarten, en de Verenigde Staten van Amerika inzake het luchtvervoer tussen Sint Maarten en de Verenigde Staten van Amerika

The Kingdom of the Netherlands, in respect of Sint Maarten, and the United States of America (hereinafter referred to as “the Parties”);

Desiring to promote an international aviation system based on competition among airlines in the marketplace with minimum government interference and regulation;

Desiring to make it possible for airlines to offer the traveling and shipping public a variety of service options, and wishing to encourage individual airlines to develop and implement innovative and competitive prices;

Desiring to facilitate the expansion of international air transport opportunities;

Desiring to ensure the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardize the safety of persons or property, adversely affect the operation of air transportation, and undermine public confidence in the safety of civil aviation; and

Being Parties to the Convention on International Civil Aviation, done at Chicago on December 7, 1944;

Have agreed as follows:

Article 1. Definitions

For the purposes of this Agreement, unless otherwise stated, the term:

• 1. “aeronautical authorities” means, in the case of the United States, the Department of Transportation and, in the case of the Kingdom of the Netherlands, in respect of Sint Maarten, the Sint Maarten Civil Aviation Authority, and any person or agency authorized to perform functions exercised by the Department of Transportation or the Sint Maarten Civil Aviation Authority;

• 1. “Agreement” means this Agreement and any amendments thereto;

• 1. “air transportation” means the public carriage by aircraft of passengers, baggage, cargo, and mail, separately or in combination, scheduled or charter, for remuneration or hire;

• 1. “airline of a Party” means, in the case of the United States, an airline that has received its Air Operator’s Certificate (AOC) from the aeronautical authorities of the United States and has its principal place of business in the United States, hereinafter referred to as an airline of the United States; and in the case of the Kingdom of the Netherlands, in respect of Sint Maarten, an airline that has received its AOC from the aeronautical authorities of Sint Maarten and has its principal place of business in Sint Maarten, hereinafter referred to as an airline of Sint Maarten;

• 1. “Convention” means the Convention on International Civil Aviation, done at Chicago on December 7, 1944, and includes:

• a). any amendment that has entered into force under Article 94(a) of the Convention and has been ratified by both Parties, and

• b). any Annex or any amendment thereto adopted under Article 90 of the Convention, insofar as such Annex or amendment is at any given time effective for both Parties;

• 1. “full cost” means the cost of providing service plus a reasonable charge for administrative overhead;

• 1. “international air transportation” means air transportation that passes through the airspace over the territory of more than one State;

• 1. “nationals”, in the case of the United States, means nationals of the United States and, in the case of the Kingdom of the Netherlands, in respect of Sint Maarten, means nationals of the Kingdom of the Netherlands who are formally registered as local citizens with Dutch nationality in the municipal registry of Sint Maarten;

• 1. “price” means any fare, rate, or charge for the carriage of passengers, baggage, or cargo (excluding mail) in air transportation, including surface transportation in connection with international air transportation, charged by airlines, including their agents, and the conditions governing the availability of such fare, rate, or charge;

• 1. “stop for non-traffic purposes” means a landing for any purpose other than taking on or discharging passengers, baggage, cargo, or mail in air transportation;

• 1. “territory”, in the case of the United States, means the land areas, internal waters, and territorial sea under the sovereignty of the United States and, in the case of the Kingdom of the Netherlands, in respect of Sint Maarten, means the land areas, internal waters, and territorial sea under the sovereignty of the Kingdom of the Netherlands, in respect of Sint Maarten, in accordance with international law; and

• 1. “user charge” means a charge imposed on airlines for the provision of airport, airport environmental, air navigation, or aviation security facilities or services including related services and facilities.

Article 2. Grant of Rights

• a). the right to fly across its territory without landing;

• b). the right to make stops in its territory for non-traffic purposes;

• c). the right to perform international air transportation between points on the following routes:

• (i). for airlines of the United States, from points behind the United States via the United States and intermediate points to any point or points in Sint Maarten and beyond; and for all-cargo service, between Sint Maarten and any point or points;

• (ii). for airlines of Sint Maarten, from points behind Sint Maarten, via Sint Maarten, and intermediate points to any point or points in the United States and beyond; and for all-cargo service, between the United States and any point or points; and

• d). the rights otherwise specified in this Agreement.

• a). operate flights in either or both directions;

• b). combine different flight numbers within one aircraft operation;

• c). serve points on their respective routes in any combination and in any order;

• d). omit stops at any point or points;

• e). transfer traffic from any of its aircraft to any of its other aircraft at any point;

• f). serve points behind any point in its territory with or without change of aircraft or flight number and hold out and advertise such services to the public as through services;

• g). make stopovers at any points whether within or outside the territory of either Party;

• h). carry transit traffic through the other Party’s territory; and

• i). combine traffic on the same aircraft regardless of where such traffic originates;

without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement, provided that, with the exception of all-cargo services, the transportation is part of a service that serves a point in the homeland of the airline.

Article 3. Authorization

Each Party, on receipt of applications from an airline of the other Party, in the form and manner prescribed for operating authorizations and technical permissions, shall grant appropriate authorizations and permissions with minimum procedural delay, provided:

• a). substantial ownership and effective control of that airline are vested in,

• (i). for airlines of the United States, the Government of the United States, nationals of the United States, or both;

• (ii). for airlines of Sint Maarten, the Government of Sint Maarten, nationals of the Kingdom of the Netherlands who are formally registered as local citizens with Dutch nationality in the municipal registry of Sint Maarten, or both;

• b). the airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of international air transportation by the Party considering the application or applications; and

• c). the other Party is maintaining and administering the provisions set forth in Article 6 (Safety) and Article 7 (Aviation Security).

Article 4. Revocation of Authorization

• a). that airline is not an airline of the other Party under Article 1(4) (Definitions);

• b). substantial ownership and effective control of that airline are not vested in:

• (i). for airlines of the United States, the Government of the United States, nationals of the United States, or both;

• (ii). for airlines of Sint Maarten, the Government of Sint Maarten, nationals of the Kingdom of the Netherlands who are formally registered as local citizens with Dutch nationality in the municipal registry of Sint Maarten, or both; or

• c). that airline has failed to comply with the laws and regulations referred to in Article 5 (Application of Laws) of this Agreement.

Article 5. Application of Laws

Article 6. Safety

Article 7. Aviation Security