INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT,
SIGNED AT CHICAGO, ON 7 DECEMBER 1944 (TRANSIT
The States which sign and accept this International Air Services
Transit Agreement, being members of the International Civil Aviation
Organization, declare as follows:
Each contracting State grants to the other contracting States the
following freedoms of the air in respect of scheduled international air
1. The privilege to fly across its territory without landing;
2. The privilege to land for non-traffic purposes.
The privileges of this section shall not be applicable with respect to
airports utilized for military purposes to the exclusion of any scheduled
international air services. In areas of active hostilities or of military
occupation, and in time of war along the supply routes leading to such
areas, the exercise of such privileges shall be subject to the approval of the
competent military authorities.
The exercise of the foregoing privileges shall be in accordance with
the provisions of the Interim Agreement on International Civil Aviation and,
when it comes into force, with the provisions of the Convention on
International Civil Aviation, both drawn up at Chicago on December 7,
A contracting State granting to the airlines of another contracting
State the privilege to stop for non-traffic purposes may require such airlines
to offer reasonable commercial service at the points at which such stops are
Such requirement shall not involve any discrimination between
airlines operating on the same route, shall take into account the capacity of
the aircraft, and shall be exercised in such a manner as not to prejudice the
normal operations of the international air services concerned or the rights
and obligations of a contracting State.
Each contracting State may, subject to the provisions of this
1. Designate the route to be followed within its territory by any
international air service and the airports which any such service may use;
2. Impose or permit to be imposed on any such service just and
reasonable charges for the use of such airports and other facilities; 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:
provided that, upon representation by an interested contracting State, the
charges imposed for the use of airports and other facilities shall be subject
to review by the Council of the International Civil Aviation Organization
established under the above-mentioned Convention, which shall report and
make recommendations thereon for the consideration of the State or States
Each contracting State reserves the right to withhold or revoke a
certificate or permit to an air transport enterprise of another State in any
case where it is not satisfied that substantial ownership and effective control
are vested in nationals of a contracting State, or in case of failure of such air
transport enterprise to comply with the laws of the State over which it
operates, or to perform its obligations under this Agreement.
A contracting State which deems that action by another contracting
State under this Agreement is causing injustice or hardship to it, may
request the Council to examine the situation. The Council shall thereupon
inquire into the matter, and shall call the States concerned into consultation.
Should such consultation fail to resolve the difficulty, the Council may make
appropriate findings and recommendations to the contracting States
concerned. If thereafter a contracting State concerned shall in the opinion
of the Council unreasonably fail to take suitable corrective action, the
Council may recommend to the Assembly of the above-mentioned
Organization that such contracting State be suspended from its rights and
privileges under this Agreement until such action has been taken. The
Assembly by a two-thirds vote may so suspend such contracting State for
such period of time as it may deem proper or until the Council shall find
that corrective action has been taken by such State.
If any disagreement between two or more contracting States relating
to the interpretation or application of this Agreement cannot be settled by
negotiation, the provisions of Chapter XVIII of the above-mentioned
Convention shall be applicable in the same manner as provided therein with
reference to any disagreement relating to the interpretation or application of
the above-mentioned Convention.
This Agreement shall remain in force as long as the abovementioned Convention; provided, however, that any contracting State, a
party to the present Agreement, may denounce it on one year's notice given
by it to the Government of the United States of America, which shall at once
inform all other contracting States of such notice and withdrawal.
Pending the coming into force of the above-mentioned Convention,
all references to it herein, other than those contained in Article II, Section
2, and Article V, shall be deemed to be references to the Interim Agreement
on International Civil Aviation drawn up at Chicago on December 7, 1944;
and references to the International Civil Aviation Organization, the
Assembly, and the Council shall be deemed to be references to the
Provisional International Civil Aviation Organization, the Interim Assembly,
and Interim Council respectively.
For the purposes of this Agreement, "territory" shall be defined as
in Article 2 of the above-mentioned Convention.
Signatures and Acceptances of Agreement
The undersigned delegates to the International Civil Aviation
Conference, convened in Chicago on November 1, 1944, have affixed their
signatures to this Agreement with the understanding that the Government of
the United States of America shall be informed at the earliest possible date
by each of the governments on whose behalf the Agreement has been signed
whether signature on its behalf shall constitute an acceptance of the
Agreement by that government and an obligation binding upon it.
Any State a member of the International Civil Aviation
Organization may accept the present Agreement as an obligation binding
upon it by notification of its acceptance to the Government of the United
States, and such acceptance shall become effective upon the date of the
receipt of such notification by that Government.
This Agreement shall come into force as between contracting States
upon its acceptance by each of them. Thereafter it shall become binding as
to each other State indicating its acceptance to the Government of the United
States on the date of the receipt of the acceptance by that Government. The
Government of the United States shall inform all signatory and accepting
States of the date of all acceptances of the Agreement, and of the date on
which it comes into force for each accepting State.
IN WITNESS WHEREOF, the undersigned, having been duly authorized, sign this Agreement on behalf of their respective governments on the
dates appearing opposite their respective signatures.
DONE at Chicago the seventh day of December, 1944, in the
English language. A text drawn up in the English, French, and Spanish
languages, each of which shall be of equal authenticity, shall be opened for
signature at Washington, D.C. Both texts shall be deposited in the archives
of the Government of the United States of America, and certified copies
shall be transmitted by that Government to the governments of all the States
which may sign or accept this Agreement.
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