stating that your Government desires to participate in it and agrees to the stipulations set forth in lettered paragraphs (a), (b), and (c) above. Accept, Excellency, the renewed assurances of my highest consideration. For the Secretary of State: I have the honor to inform Your Excellency that I have received instructions from my Government to accept the administrative arrangement proposed by Your Excellency in your note of the second instant, with respect to the application of the 1940 United States Selective Training and Service Act to Ecuadoran citizens. The Ecuadoran Government accepts, on reciprocal terms, the option proposed in favor of Ecuadoran citizens registered under the said law or at present serving under the United States flag, to request their incorporation or transfer to the Ecuadoran Army, as well as the guarantees stipulated in paragraphs (a), (b), and (c) of the said note. The Government of Ecuador is willing to have the said arrangement become immediately effective and to discuss the details of its application with the appropriate authorities of the United States Government. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration. His Excellency EDWARD R. STETTINIUS, Jr., Secretary of State, Washington, D.C. GALO PLAZA MILITARY AIR TRANSIT RIGHTS Exchange of notes at Quito June 7 and 11, 1946 Entered into force June 11, 1946 [For text, see 3 UST 536; TIAS 2411.] Agreement signed at Quito January 8, 1947, with annex Ratified by Ecuador April 24, 1947 Entered into force April 24, 1947 Annex amended by agreement of January 3 and 10, 1951 1 1 61 Stat. 2773; Treaties and Other International Acts Series 1606 COMMERCIAL AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF ECUADOR Having in mind the resolution signed under date of December 7, 1944, at the International Civil Aviation Conference in Chicago, for the adoption of a standard form of agreement for air routes and services, and the desirability of mutually stimulating and promoting the further development of air transportation between the United States of America and the Republic of Ecuador, the two Governments parties to this arrangement agree that the establishment and development of air transport services between their respective territories shall be governed by the provisions of the present agreement, for which purpose they have appointed the following plenipotentiaries: His Excellency the Constitutional President of the Republic of Ecuador, Señor Don Enrique Arízaga Toral, Minister of the Treasury, Acting Minister for Foreign Affairs; His Excellency the President of the United States of America, Mr. Robert McGregor Scotten, his Ambassador Extraordinary and Plenipotentiary in Quito. Who, having exhibited their Full Powers, found to be in good and due form, have agreed upon the following articles: ARTICLE 1 Each contracting party grants to the other contracting party the rights as specified in the Annex hereto necessary for establishing the international civil air routes and services therein described, whether such services be inaugurated immediately or at a later date at the option of the contracting party to whom the rights are granted. ARTICLE 2 Each of the air services so described shall be placed in operation as soon as the contracting party to whom the rights have been granted by Article 1 to designate an airline or airlines for the route concerned has authorized an airline for such route, and the contracting party granting the rights shall, 12 UST 482; TIAS 2196. subject to Article 6 hereof, be bound to give the appropriate operating permission to the airline or airlines concerned; provided that the airlines so designated may be required to fulfill before the competent aeronautical authorities of the contracting party granting the rights the requirements of law and to comply with laws and the regulations in force and those which may be prescribed subsequently before being authorized to initiate the operations contemplated by this agreement; and provided that in areas of hostilities or of military occupation, or in areas affected thereby, this service shall be subject to the approval of the competent military authorities. ARTICLE 3 In order to prevent discriminatory practices and to assure equality of treatment, both contracting parties agree that: (a) Each of the contracting parties may impose or permit to be imposed just and reasonable charges for the use of public airports and other facilities under its control. Each of the contracting parties agrees, however, that these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services. (b) Fuel, lubricating oils, and spare parts introduced into the territory of one contracting party by the other contracting party or its nationals, and intended solely for use by aircraft of the airlines of such contracting party shall, with respect to the imposition of customs duties, inspection fees or other national duties or charges by the contracting party whose territory is entered, be accorded the same treatment as that applying to national airlines and to airlines of the most-favored-nation. (c) The fuel, lubricating oils, spare parts, regular equipment and aircraft stores retained on board civil aircraft of the airlines of one contracting party authorized to operate the routes and services described in the Annex shall, upon arriving in or leaving the territory of the other contracting party, be exempt from customs, inspection fees or similar duties or charges, even though such supplies be used or consumed by such aircraft on flights in that territory. ARTICLE 4 Certificates of airworthiness, certificates of competency and licenses 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 routes and services described in the Annex. Each contracting party reserves the right, however, to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to its own nationals by the authorities of another state. ARTICLE 5 (a) 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 be applied to the aircraft of airlines designated by the other contracting party, and shall be complied with by such aircraft upon entering or departing from or while within the territory of the first party. (b) The laws and regulations of one contracting party as to the admission to or departure from its territory of passengers, crew, or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs and quarantine shall be complied with by or on behalf of such passengers, crew or cargo of the airlines designated by the other contracting party upon entrance into or departure from or while within the territory of the first party. ARTICLE 6 Each contracting party reserves the right to withhold or revoke the certificate or permit of an airline designated by the other contracting party in the event substantial ownership and effective control of such airline are not vested in nationals of the other contracting party, or in case of failure by the airline designated by the other contracting party to comply with the laws and regulations of the contracting party over whose territory it operates, as described in Article 5 hereof, or otherwise to fulfill the conditions under which the rights are granted in accordance with this agreement and its Annex; or in case the aircraft in service are not operated by crews which are nationals of the other contracting party, except when the crews are receiving instruction. ARTICLE 7 This agreement and all contracts connected therewith shall be registered with the Provisional International Civil Aviation Organization or its successor. ARTICLE 8 Existing rights and privileges relating to air transport services which may have been granted previously by either of the contracting parties to an airline of the other contracting party shall continue in force according to their terms. ARTICLE 9 This agreement or any of the rights for air transport services granted thereunder may, without prejudice to Article 8 above, be terminated by either contracting party upon giving one year's notice to the other contracting party. ARTICLE 10 In the event either of the contracting parties considers it desirable to modify the routes or conditions set forth in the attached Annex, it may request con 259-333-71-28 |