iv. the international civil aviation...

IV. The International Civil Aviation Organization

A. THE CHICAGO CONFERENCE

In the early months of 1944 the United Statesinitiated a series of exploratory discussionswith other governments interested in the devel-opment of international civil aviation. Thesediscussions revealed sufficient agreement amongthe principal air powers to justify the expecta-tion that "final dispositions" could be reachedat an international conference. Accordingly,the United States issued invitations to 55 alliedand neutral states to meet in Chicago on Novem-ber 1, 1944.

Fifty-two nations accepted the invitation.The deliberations of the representatives ofthese nations at Chicago resulted in the adop-tion of a number of resolutions and recom-mendations constituting the Final Act of theConference. The Final Act contained the textsof a Convention on International Civil Aviation,an International Air Services Transit (TwoFreedoms) Agreement, an International AirTransport (Five Freedoms) Agreement and anInterim Agreement on International Civil Avia-tion.

Previously, in 1919, the Paris Convention had

established the International Commission forAir Navigation, which set up standards on tech-nical matters. In 1928 the Pan-American Con-vention on Air Navigation was drawn up atHavana and pledged members to observe cer-tain principles, including that of freedom of airpassage, in their dealings with one another. TheParis and Havana Conventions were no longerconsidered adequate to meet the present situa-tion in the air resulting from the enormous de-velopment of flight during the war.

The International Civil Aviation Organiza-tion came into being on April 4, 1947, 30 daysafter the Convention on International CivilAviation had been ratified by 26 states, as re-quired by the Convention.

The Convention on International Civil Avia-tion lays down certain principles and sets upmachinery "in order that international civilaviation may be developed in a safe and orderlymanner and that international air transportservices may be established on the basis ofequality of opportunity and operated soundlyand economically."

B. STRUCTURE

The governing bodies of the Organization arethe Assembly and the Council.

The Assembly of ICAO is composed of dele-gates from member States, each State rep-resented being entitled to one vote. Decisions aremade, unless otherwise provided, by a simplemajority of the member States present. The As-sembly is convened by the Council and meetsannually.

The Assembly determines its own rules ofprocedure and is responsible for the financialarrangements of the Organization, including theapproval of an annual budget. It also examinesand takes action in matters referred to it bythe Council and may, at its discretion, refer tothe Council specific matters for the considera-tion of the latter body. Finally, the Assembly

deals with such matters as come within thesphere of action of the Organization but arenot specifically assigned to the Council.

The Council is the executive body of the Or-ganization and derives its powers and authorityfrom the Assembly and from the Conventionitself. It is composed of 21 member States,elected by the Assembly for a period of threeyears. In electing these States, the Assemblymust give adequate representation to : (1) thosemember States of major importance in airtransport; (2) those member States not other-wise included which make the largest contribu-tion to the provision of facilities for interna-tional civil air navigation; and (3) those mem-ber States not otherwise included whose elec-tion will ensure that all major geographical

724 Yearbook of the United Nations

areas of the world are represented. At the firstmeeting of the Assembly, held in Montreal dur-ing May 1947, 21 States were elected to theCouncil on the following basis : eight for group(1), seven for group (2) and six for group (3).

Among other duties, the Council is chargedwith providing for the establishment of subsid-iary working groups to assist it in furtheringICAO's work, much of which is of a highlytechnical or specialized nature. Two such bodies,established by the provisional organization,have already been functioning : the Air Naviga-tion Committee, which covers the technicalaspects of international civil aviation, and theAir Transport Committee, which covers itseconomic and statistical aspects. The Air Navi-gation Committee assigns its technical work tothe following divisions: Accident Investiga-tion; Aerodromes, Air Routes and GroundAids; Aeronautical Maps and Charts; Air-worthiness; Communications; Meteorological;Operations; Personnel Licensing; Rules of theAir and Air Traffic Control; Search and Rescue.The Air Transport Committee is assisted by theDivision on the Facilitation of Air Transport.The first Assembly of ICAO decided to con-

tinue these Committees in their present formfor the time being, and recommended that threenew Committees be established: on Interna-tional Air Law, on the Convention on Inter-national Civil Aviation and on Joint Supportof Air Navigation Services.

The Council supervises and co-ordinates thework of its Committees, receives and considerstheir reports, transmits to each member Statethese reports together with the findings of theCouncil, and makes recommendations, with re-spect to technical matters, to the member Statesof the Organization individually or collectively.

The Council elects the President of the Coun-cil and appoints the Secretary General of ICAO.The President of the Council convenes and pre-sides at meetings of the Council and acts as theCouncil's permanent representative. The Sec-retary General is the chief executive and ad-ministrative officer of the Organization. He isresponsible to the Council for carrying outduties assigned to him by that body. He selectsand appoints the staff of the Secretariat, whoseactivities he supervises and directs.

C. THE PROVISIONAL ORGANIZATION

The Interim Agreement provided that a Pro-visional International Civil Aviation Organiza-tion be established, with headquarters inCanada, to operate until the coming into forceof the permanent Organization. PICAO cameinto being on June 6, 1945, when 26 states hadratified the Interim Agreement.

The provisional organization was governedby an Interim Assembly and an Interim Coun-cil. The structure and functions of these organscorrespond to those of the Assembly and Councilof ICAO.

A Canadian Preparatory Committee wasformed in June 1945 to make all necessaryarrangements for the first session of PICAO.The Committee selected Montreal, because of itsaccessibility by air transport, as the most suit-able Canadian city for the site of the Organiza-tion. It set August 15, 1945, as the date forthe opening of the first session of the InterimCouncil.

The Interim Council, which remained in sub-stantially continuous session from August 15,1945, to April 2, 1947, in turn arranged for thecalling of the first session of the Interim As-

sembly in Montreal, beginning May 21, 1946.The Interim Assembly was in session until

June 7, 1946. It was attended by representativesof the Governments of 44 member States ofPICAO. In addition, observers from ten non-member States and from eight internationalorganizations attended the first session of theInterim Assembly.

The Interim Assembly adopted a total of 53resolutions. In addition to administrative andbudgetary questions, it dealt with a number ofsubstantive matters such as development of amultilateral agreement on commercial rights ininternational civil air transport; facilitationof international air transport; draft conven-tions on private international air law; problemsof international air mail; statistical reportingforms; PICAO recommendations for standards,practices and procedures; unification of num-bering and systems of dimensioning; conven-tion on recordation of titles to aircraft and air-craft mortgages; amendments to the Warsawconvention.

In accordance with the terms of the Conven-tion on International Civil Aviation, the ICAO

The International Civil Aviation Organization 725

Interim Assembly chose Montreal, Canada, asthe permanent site of ICAO's headquarters.

The Interim Assembly authorized the InterimCouncil to enter into negotiations with theUnited Nations with a view to concluding anagreement defining the relationship betweenthe two organizations. Accordingly, an agree-ment between the United Nations and ICAOwas drawn up by the Economic and SocialCouncil of the United Nations and a negotiatingdelegation of PICAO. On October 3, 1946, theagreement was recommended by the Economicand Social Council to the General Assembly ofthe United Nations for approval. The GeneralAssembly, on December 14, approved the agree-ment with ICAO provided that "that Organi-zation complies with any decision of the GeneralAssembly regarding Franco Spain." In its reso-lution condemning the Franco regime, the Gen-eral Assembly had recommended, among othermatters, "that the Franco Government of Spainbe debarred from membership in internationalagencies established by or brought into relation-ship with the United Nations." The agreement,as approved by the General Assembly, was rec-ommended for approval by the Interim Councilto the first session of the ICAO Assembly whenthe permanent Organization came into being.

During its 20 months of existence, PICAObrought about concerted action by the nationsof the world in the organization and mainten-ance of facilities and services necessary forinternational air transport. Patterns for meteo-rological services, traffic control, communica-tions, radio beacons, and the other facilitiesrequired for safe international flight wereevolved through the co-operative action ofPICAO and its member States.

An example of the assistance rendered byPICAO is the provision of air navigation facili-ties in the North Atlantic region. A NorthAtlantic regional air navigation meeting, heldin Dublin from March 4 to 27, 1946, had recom-mended that a network of ocean weather sta-tions be set up as an aid to safe and economicair operations over the North Atlantic. Thismeeting was followed by a conference of dele-gates from all the North Atlantic States heldin London from September 17 to 25, 1946.The conference resulted in the conclusion of anagreement for the establishment of thirteenocean weather stations at the positions recom-mended by the Meteorological Committee of theNorth Atlantic Regional Air Navigation Meet-ing. According to this agreement, these sta-tions are to be maintained as follows: UnitedStates, 7; United Kingdom, 2; United Statesand Canada, jointly, 1; France, 1; Belgium andthe Netherlands, jointly, 1; Norway, Swedenand the United Kingdom, jointly, 1. The Gov-ernments of Ireland and Portugal will makeannual monetary contributions towards thesupport of the stations. Another major aid totrans-oceanic flying established by the jointeffort of member States is a Loran (long rangenavigation aid) station located at Vik, Iceland.Iceland signed the agreement to operate thisstation on May 14, 1947, and agreed to co-operate in financing the operations with fiveother States—Canada, France, Netherlands,the United Kingdom and the United States—which had previously signed the agreement.The agreement establishing this project,by PICAO technical committees, was concludedafter the permanent Organization came intobeing.

In addition to the regional air navigation meeting in the North Atlantic, the followingregional meetings have been held :

RegionEuropean-MediterraneanCaribbeanMiddle EastSouth PacificSouth AmericanSouth Atlantic

LocationParisWashington, D.C.CairoMelbourneLimaRio de Janeiro

DateApril 24—May 15, 1946August 26—September 13, 1946October 1-18, 1946February 4-22, 1947June 17, 1947July 15, 1947

As a result of these meetings, the Organiza-tion undertook the compilation of regional routemanuals, and recommended measures to cor-rect deficiencies in air navigation facilities andservices. Two further general regional air navi-

gation meetings are projected for 1948: onefor South East Asia, to be held in India, andone for the North Pacific, to be held in China.

Other regional meetings of a more limitedcharacter, such as the special European-Medi-


terranean meeting on air traffic control whichconvened in Paris on April 15, 1947, have beenheld to complete the work of main regionalmeetings or for other special purposes.

Three regional offices have been opened : theEuropean-Mediterranean in Paris on August12, 1946; the North Atlantic in Dublin on Jan-uary 1, 1947; and the Middle East in Cairoon January 20, 1947. A temporary mission tothe South Pacific is maintained at present atMelbourne, Australia.

PICAO began work on a plan for the simplifi-

cation and standardization of customs, immi-gration, public health and other formalitieswhich slow up international air traffic at bordercrossing points. It has sponsored internationalco-operation in the exchange of information ondevelopment and research work. It has compiledeconomic, statistical and legal information onair transport, and initiated studies of interna-tional air law.

The International Civil Aviation Organiza-tion is continuing the work of the provisionalorganization to bring about the peaceful andorderly development of world aviation.

D. FIRST SESSION OF THE ASSEMBLY

The first session of the ICAO Assembly metin Montreal, Canada, from May 6 to 27, 1947.It was attended by representatives of 36 ofICAO's contracting States, eleven non-contract-ing States, and seven international organiza-tions.

The Assembly divided itself into six commis-sions to deal with the following questions : Con-stitutional and General Policy; Technical; Eco-nomic; Legal; Administrative and Financial;Financial and Technical Aid Through ICAO.These commissions, upon reaching agreements,submitted resolutions and recommendations tothe Assembly for final decision.

Plans for a working agreement betweenICAO and the United Nations occupied the firstweek of the Assembly. It approved the agree-ment1 on May 13. In order to meet requirementsestablished by the United Nations for admis-sion as a specialized agency, the Assembly voted,by an amendment to the ICAO Convention, toexpel Franco Spain from membership in theOrganization.

The Assembly elected 21 nations to member-ship on the ICAO Council, which serves as theexecutive body of the Organization. The Councilmet immediately and elected Dr. Edward War-ner, of the United States, as President of theCouncil and Dr. Albert Roper, of France, asSecretary General of ICAO. These officials hadbeen serving in a similar capacity during theOrganization's interim period.

The Assembly decided to broaden ICAO'sprimary function of encouraging world avia-tion agreement by permitting it to serve as

arbiter of aviation disputes between membernations, providing all parties to a dispute re-quested arbitration. The Council was authorizedto render an advisory report in such disputes,or, if the parties themselves agreed in advanceto accept the Council's verdict, it could render abinding decision.

Pointing out that "increased attention to air-craft design features might make it possible tobring a stop to the present ever-rising runwayrequirements," the Assembly directed the Coun-cil, in consultation with the International AirTransport Association, to "study and reportupon the trend of aircraft design and the rela-tionship between airline operation and aero-drome design with the object of curbing theincreasing cost of runway construction."

ICAO, it was decided, would use the metricmeasurement system in its own publications,except for distances, which would be in nauticalmiles, and speed, which would be expressed inknots. Further development of a standardizedmeasurement system was referred to the Coun-cil for action.

Member States discussed a draft multilateralagreement by the Council on commercial rightsin the air and decided to continue its work ata meeting to be convened in Rio de Janeiro.Brazil, on October 20, 1947.

International ownership and operation ofmajor trunk airlines was discussed by the As-sembly, and member nations were invited tosubmit plans or comments on the subject to the

1 Text of the agreement is printed in Annex III.


Council for study and consideration at the nextAssembly.

The Assembly approved the work of the Com-mission on Legal Questions, which drafted an

international agreement governing propertyrights in aircraft. The matter of liens and mort-gages against aircraft crossing internationalborders has been a difficult legal problem foryears.

E. BUDGET

The general policy governing the apportion-ment of the expenses of ICAO has as its ob-jective the equitable distribution of these ex-penses among the member States. The basicprinciple of apportionment is that of the rela-tive capacity to pay of the member States, aprinciple that has been generally accepted forinternational organizations since its adoptionby the League of Nations in 1925. Considera-tion is given to the relative interest of memberStates in international civil aviation. Wardamage suffered by member States is also afactor determining the scale of contributions.

scale was comparable to that in the scales ofother international organizations.

The budget for the 1946-47 period, as ap-proved by the Interim Assembly of PICAO,amounted to $1,960,000.

The first session of the Assembly of ICAOapproved a budget in the amount of $2,300,000for the fiscal period 1947-48. The largest itemsin the budget were $1,485,000 for salaries,$420,000 for overhead expenses, and $201,000for conferences. The total budget was dividedinto 291 units, each unit representing $8,934.

Following is a summary of the budget, to-gether with the scale of contributions of mem-ber States :

The principle that contributions should in nocase fall below a set minimum and in no case ex-ceed a maximum percentage of the total budgetis followed. Capacity to pay, applied withoutconsideration for other factors, would result inexceedingly small assessments for a number ofthe States with relatively small national income.It seemed desirable to set a minimum into whichcategory such States could be gathered and amaximum was fixed to remove the possibilityof any State's assuming a disproportionateshare of the expenses, tending thus to establisha dominant position in the Organization, witha diminution of the interest of the other States.

A unit system of expressing each State's con-tribution was adopted in preference to the per-centage system so as to conveniently assessmember States, with particular reference tothose entering the Organization after the prep-aration of the budget. The budget of the Or-ganization may be increased by the Council tothe extent of the contributions of such newStates when received.

Finally, the various delegations attending theAssembly meeting were asked to agree on theplace in the scale which had been allocated tothem. This was considered desirable as Stateswould be more likely to meet their contribu-tions promptly if they were satisfied that theirplace in the scale was such that it comparedfavorably with the position of other States oflike status and that their position in the ICAO

BUDGET 1947-48Conferences.......................... $ 201,000Salaries and Provident Fund... . . . . . . . 1,458,000Initial recruitment and annual leave

expenses ........................... 115,000Travel .............................. 100,000Common services ..................... 420,000Capital expenditure ................. 64,000Provision for ICAO training

program . . . . . . . . . . . . . . . . . . . . . . . . . . . 23,000Reserve for new projects and unfore-

seen expenses ...................... 125,000

Total General Fund................. $2,508,000Working Capital Fund provision....... $ 44,000Provision for Joint Support Emergency

Fund .............................. 50,000

Total budget ........................ $2,600,000

SCALE OF CONTRIBUTIONS 1947-48Units

United States ..................... 57United Kingdom ................... 30France, China, Canada.............. 45 (15 each)Argentina ......................... 12India, Netherlands, Brazil, Australia 40 (10 each)Turkey, Switzerland, Sweden,

Belgium ........................ 32 ( 8 each)Union of South Africa, Mexico...... 12 ( 6 each)Portugal, Poland, Egypt............ 15 ( 5 each)Ireland, Denmark, Chile ............ 12 ( 4 each)Iraq, Venezuela, Peru, New Zealand,

Norway, Greece, Czechoslovakia.. 21 ( 3 each)Philippine Republic, Ethiopia,

Bolivia .......................... 6 (2 each)Afghanistan, Dominican Republic,

Trans-Jordan, Siam, Paraguay,Nicaragua, Liberia, Iceland,Guatemala....................... 9 ( 1 each)

Total.............................291


ANNEX I.

MEMBERS AND OFFICERSMembers of ICAO1

AfghanistanArgentinaAustraliaBelgiumBoliviaBrazilCanadaChileChinaCzechoslovakiaDenmarkDominican RepublicEgyptEl SalvadorEthiopiaFranceGreeceGuatemalaIcelandIndiaIraqIrelandLiberiaMexicoNetherlandsNew ZealandNicaraguaNorwayParaguayPeruPhilippinesPolandPortugalSiamSwedenSwitzerlandTransjordaniaTurkeySouth AfricaUnited KingdomUnited StatesVenezuela

Members of the CouncilArgentina BelgiumAustralia Brazil

CanadaChileChinaCzechoslovakiaEgyptFranceIndiaIraq

IrelandMexicoNetherlandsPeruPortugalSwedenTurkeyUnited Kingdom

United States

OFFICERSCouncilPresident

Edward Warner (United States)

First Session of the AssemblyPresident

A. S. Drakeford (Australia)

Vice-Présidents(China)Liu Chieh

Brigadier IvanCarpenter FerreiraJosef KalendaR. Morsi Bey

(Brazil)(Czechoslovakia)(Egypt)

SecretariatSecretary General

Albert Roper (France)

HeadquartersAddress :

International Civil Aviation OrganizationDominion Square BuildingMontreal, Canada.Telephone: Montreal-Plateau 6141

Cable Address : ICAO, Montreal

Addresses of regional offices :European-Mediterranean Region

60 bis Avenue d'Iena, Paris 16e, France.North Atlantic Region

7 Fitzwilliam Place, Dublin, Ireland.Middle East Region

10 Sharia Lotfallah, Apartment 7, Zama-lek, Cairo, Egypt.

ANNEX II.

CONVENTION ON INTERNATIONALCIVIL AVIATION

Preamble

WHEREAS the future development of interna-tional civil aviation can greatly help to createand preserve friendship and understandingamong the nations and peoples of the world, yetits abuse can become a threat to the generalsecurity; and

WHEREAS it is desirable to avoid friction andto promote that cooperation between nationsand peoples upon which the peace of the worlddepends;

THEREFORE, the undersigned Governmentshaving agreed on certain principles and arrange-ments in order that international civil aviationmay be developed in a safe and orderly manner

1 As of July 1, 1947.


and that international air transport servicesmay be established on the basis of equality ofopportunity and operated soundly and economic-ally;

Have accordingly concluded this Conventionto that end.

PART I—AIR NAVIGATIONCHAPTER I

General Principles and Applicationof the Convention

Article 1[Sovereignty]

The contracting States recognize that everyState has complete and exclusive sovereigntyover the air-space above its territory.

Article 2[Territory]

For the purposes of this Convention the terri-tory of a State shall be deemed to be the landareas and territorial waters adjacent theretounder the sovereignty, suzerainty, protection ormandate of such State.

Article 3[Civil and state aircraft]

(a) This Convention shall be applicable onlyto civil aircraft, and shall not be applicable tostate aircraft.

(b) Aircraft used in military, customs andpolice services shall be deemed to be state air-craft.

(c) No state aircraft of a contracting Stateshall fly over the territory of another State orland thereon without authorization by specialagreement or otherwise, and in accordance withthe terms thereof.

(d) The contracting States undertake, whenissuing regulations for their state aircraft, thatthey will have due regard for the safety of navi-gation of civil aircraft.

Article 4[Misuse of civil aviation]

Each contracting State agrees not to use civilaviation for any purpose inconsistent with theaims of this Convention.

CHAPTER IIFlight Over Territory of Contracting States

Article S[Right of non-scheduled flight]

Each contracting State agrees that all air-craft of the other contracting States, being air-craft not engaged in scheduled international airservices shall have the right, subject to the ob-servance of the terms of this Convention, tomake flights into or in transit non-stop acrossits territory and to make stops for non-trafficpurposes without the necessity of obtainingprior permission, and subject to the right of theState flown over to require landing. Each con-tracting State nevertheless reserves the right,for reasons of safety of flight, to require air-craft desiring to proceed over regions which are

inaccessible or without adequate air navigationfacilities to follow prescribed routes, or to ob-tain special permission for such flights.

Such aircraft, if engaged in the carriage ofpassengers, cargo, or mail for remuneration orhire on other than scheduled international airservices, shall also, subject to the provisions ofArticle 7, have the privilege of taking on or dis-charging passengers, cargo, or mail, subject tothe right of any State where such embarkationor discharge takes place to impose such regu-lations, conditions or limitations as it may con-sider desirable.

Article 6[Scheduled air services]

No scheduled international air service maybe operated over or into the territory of a con-tracting State, except with the special permis-sion or other authorization of that State, andin accordance with the terms of such permissionor authorization.

[Cabotage]Article 7

Each contracting State shall have the right torefuse permission to the aircraft of other con-tracting States to take on in its territory pas-sengers, mail and cargo carried for remunera-tion or hire and destined for another point with-in its territory. Each contracting State under-takes not to enter into any arrangements whichspecifically grant any such privilege on an exclu-sive basis to any other State or an airline of anyother State, and not to obtain any such exclu-sive privilege from any other State.

Article 8[Pilotless aircraft]

No aircraft capable of being flown without apilot shall be flown without a pilot over the ter-ritory of a contracting State without specialauthorization by that State and in accordancewith the terms of such authorization. Each con-tracting State undertakes to insure that theflight of such aircraft without a pilot in regionsopen to civil aircraft shall be so controlled asto obviate danger to civil aircraft.

Article 9[Prohibited areas]

(a) Each contracting State may, for reasonsof military necessity or public safety, restrictor prohibit uniformly the aircraft of otherStates from flying over certain areas of its ter-ritory, provided that no distinction in this re-spect is made between the aircraft of the Statewhose territory is involved, engaged in inter-national scheduled airline services, and the air-craft of the other contracting States likewiseengaged. Such prohibited areas shall be of rea-sonable extent and location so as not to inter-fere unnecessarily with air navigation. Descrip-tions of such prohibited areas in the territoryof a contracting State, as well as any subsequentalterations therein, shall be communicated assoon as possible to the other contracting States


and to the International Civil Aviation Organi-zation.

(b) Each contracting State reserves also theright, in exceptional circumstances or during aperiod of emergency, or in the interest of publicsafety, and with immediate effect, temporarilyto restrict or prohibit flying over the whole orany part of its territory, on condition that suchrestriction or prohibition shall be applicablewithout distinction of nationality to aircraft ofall other States.

(c) Each contracting State, under such regu-lations as it may prescribe, may require anyaircraft entering the areas contemplated in sub-paragraphs (a) or (b) above to effect a landingas soon as practicable thereafter at some desig-nated airport within its territory.

Article 10[Landing at customs airport]

Except in a case where, under the terms ofthis Convention or a special authorization, air-craft are permitted to cross the territory of acontracting State without landing, every air-craft which enters the territory of a contractingState shall, if the regulations of that State sorequire, land at an airport designated by thatState for the purpose of customs and otherexamination. On departure from the territoryof a contracting State, such aircraft shall de-part from a similarly designated customs air-port. Particulars of all designated customsairports shall be published by the State andtransmitted to the International Civil AviationOrganization established under Part II of, thisConvention for communication to all other

- contracting States.Article 11

[Applicability of air regulations]

Subject to the provisions of this Convention,the laws and regulations of a contracting Staterelating to the admission to or departure fromits territory of aircraft engaged in interna-tional air navigation, or to the operation andnavigation of such aircraft while within its ter-ritory, shall be applied to the aircraft of allcontracting States without distinction as tonationality, and shall be complied with by suchaircraft upon entering or departing from orwhile within the territory of that State.

Article 12[Rules of the air]

Each contracting State undertakes to adoptmeasures to insure that every aircraft flyingover or maneuvering within its territory andthat every aircraft carrying its nationalitymark, wherever such aircraft may be, shall com-ply with the rules and regulations relating tothe flight and maneuver of aircraft there inforce. Each contracting State undertakes tokeep its own regulations in these respects uni-form, to the greatest possible extent, with thoseestablished from time to time under this Con-vention. Over the high seas, the rules in forceshall be those established under this Conven-tion. Each contracting State undertakes to in-

sure the prosecution of all persons violating theregulations applicable.

Article 13[Entry and clearance regulations]

The laws and regulations of a contractingState as to the admission to or departure fromits territory of passengers, crew or cargo ofaircraft, such as regulations relating to entry,clearance, immigration, passports, customs, andquarantine shall be complied with by or on be-half of such passengers, crew or cargo uponentrance into or departure from, or while with-in the territory of that State.

Article 14.[Prevention of spread of disease]

Each contracting State agrees to take effec-tive measures to prevent the spread by meansof air navigation of cholera, typhus (epidemic),smallpox, yellow fever, plague, and such othercommunicable diseases as the contracting Statesshall from time to time decide to designate, andto that end contracting States will keep in closeconsultation with the agencies concerned withinternational regulations relating to sanitarymeasures applicable to aircraft. Such consul-tation shall be without prejudice to the applica-tion of any existing international conventionon this subject to which the contracting Statesmay be parties.

Article 15[Airport and similar charges]

Every airport in a contracting State whichis open to public use by its national aircraftshall likewise, subject to the provisions of Arti-cle 68, be open under uniform conditions to theaircraft of all the other contracting States. Thelike uniform conditions shall apply to the use,by aircraft of every contracting State, of all airnavigation facilities, including radio and meteo-rological services, which may be provided forpublic use for the safety and expedition of airnavigation.

Any charges that may be imposed or per-mitted to be imposed by a contracting State forthe use of such airports and air navigation fa-cilities by the aircraft of any other contractingState shall not be higher,

(a) As to aircraft not engaged in scheduledinternational air services, than those that wouldbe paid by its national aircraft of the same classengaged in similar operations, and

(b) As to aircraft engaged in scheduled inter-national air services, than those that would bepaid by its national aircraft engaged in similarinternational air services. AH such charges shallbe published and communicated to the Interna-tional Civil Aviation Organization: providedthat, upon representation by an interested con-tracting State, the charges imposed for the useof airports and other facilities shall be subjectto review by the Council, which shall report andmake recommendations thereon for the con-sideration of the State or States concerned. Nofees, dues or other charges shall be imposed byany contracting State in respect solely of the


right of transit over or entry into or exit fromits territory of any aircraft of a contractingState or persons or property thereon.

Article 16[Search of aircraft]

The appropriate authorities of each of thecontracting States shall have the right, withoutunreasonable delay, to search aircraft of theother contracting States on landing or depar-ture, and to inspect the certificates and otherdocuments prescribed by this Convention.

CHAPTER III

Nationality of AircraftArticle 17

[Nationality of aircraft]Aircraft have the nationality of the State in

which they are registered.

Article 18[Dual registration]

An aircraft cannot be validly registered inmore than one State, but its registration may bechanged from one State to another.

Article 19[National laws governing registration]

The registration or transfer of registrationof aircraft in any contracting State shall bemade in accordance with its laws and regula-tions.

Article 20[Display of marks]

Every aircraft engaged in international airnavigation shall bear its appropriate nation-ality and registration marks.

Article 21[Report of registrations)

Each contracting State undertakes to supplyto any other contracting State or to the Interna-tional Civil Aviation Organization, on demand,information concerning the registration andownership of any particular aircraft registeredin that State. In addition, each contractingState shall furnish reports to the InternationalCivil Aviation Organization, under such regu-lations as the latter may prescribe, giving suchpertinent data as can be made available concern-ing the ownership and control of aircraft regis-tered in that State and habitually engaged ininternational air navigation. The data thusobtained by the International Civil AviationOrganization shall be made available by it onrequest to the other contracting States.

CHAPTER IV

Measures to Facilitate Air NavigationArticle 22

[Facilitation of formalities]Each contracting State agrees to adopt all

practicable measures, through the issuance ofspecial regulations or otherwise, to facilitateand expedite navigation by aircraft between theterritories of contracting States, and to preventunnecessary delays to aircraft, crews, pas-sengers and cargo, especially in the administra-

tion of the laws relating to immigration, quar-antine, customs and clearance.

Article 23[Customs and immigration procedures]

Each contracting State undertakes, so far asit may find practicable, to establish customs andimmigration procedures affecting internationalair navigation in accordance with the practiceswhich may be established or recommended fromtime to time, pursuant to this Convention. Noth-ing in this Convention shall be construed as pre-venting the establishment of customs-free air-ports.

Article 24[Customs duty]

(a) Aircraft on a flight to, from, or acrossthe territory of another contracting State shallbe admitted temporarily free of duty, subjectto the customs regulations of the State. Fuel,lubricating oils, spare parts, regular equipmentand aircraft stores on board an aircraft of acontracting State, on arrival in the territory ofanother contracting State and retained onboard on leaving the territory of that State shallbe exempt from customs duty, inspection feesor similar national or local duties and charges.This exemption shall not apply to any quantitiesor articles unloaded, except in accordance withthe customs regulations of the State, which mayrequire that they shall be kept under customssupervision.

(b) Spare parts and equipment imported in-to the territory of a contracting State for incor-poration in or use on an aircraft of another con-tracting State engaged in international air na-vigation shall be admitted free of customs duty,subject to compliance with the regulations ofthe State concerned, which may provide thatthe articles shall be kept under customs super-vision and control.

[Aircraft in distress]Article 25

Each contracting State undertakes to providesuch measures of assistance to aircraft in dis-tress in its territory as it may find practicable,and to permit, subject to control by its own au-thorities, the owners of the aircraft or authori-ties of the State in which the aircraft is regis-tered to provide such measures of assistance asmay be necessitated by the circumstances. Eachcontracting State, when undertaking search formissing aircraft, will collaborate in coordinatedmeasures which may be recommended fromtime to time pursuant to this Convention.

Article 26[Investigation of accidents]

In the event of an accident to an aircraft ofa contracting State occurring in the territoryof another contracting State, and involvingdeath or serious injury, or indicating serioustechnical defect in the aircraft or air naviga-tion facilities, the State in which the accidentoccurs will institute an inquiry into the circum-stances of the accident, in accordance, so far asits laws permit, with the procedure which may


be recommended by the International Civil Avi-ation Organization. The State in which the air-craft is registered shall be given the opportun-ity to appoint observers to be present at theinquiry and the State holding the inquiry shallcommunicate the report and findings in thematter to that State.

Article 27[Exemption from seizure on patent claims]

(a) While engaged in international air navi-gation, any authorized entry of aircraft of acontracting State into the territory of anothercontracting State or authorized transit acrossthe territory of such State with or withoutlandings shall not entail any seizure or deten-tion of the aircraft or any claim against theowner or operator thereof or any other inter-ference therewith by or on behalf of such Stateor any person therein, on the ground that theconstruction, mechanism, parts, accessories oroperation of the aircraft is an infringement ofany patent, design, or model duly granted orregistered in the State whose territory isentered by the aircraft, it being agreed thatno deposit of security in connection with theforegoing exemption from seizure or detentionof the aircraft shall in any case by required inthe State entered by such aircraft.

(b) The provisions of paragraph (a) of thisArticle shall also be applicable to the storage ofspare parts and spare equipment for the air-craft and the right to use and install the same inthe repair of an aircraft of a contracting Statein the territory of any other contracting State,provided that any patented part or equipmentso stored shall not be sold or distributed intern-ally in or exported commercially from the con-tracting State entered by the aircraft.

(c) The benefits of this Article shall applyonly to such States, parties to this Convention,as either (1) are parties to the InternationalConvention for the Protection of IndustrialProperty and to any amendments thereof; or(2) have enacted patent laws which recognizeand give adequate protection to inventionsmade by the nationals of the other States par-ties to this Convention.

Article 28[Air navigation facilities and standard systems]

Each contracting State undertakes, so far asit may find practicable to:

(a) Provide, in its territory, airports, radioservices, meteorological services and other airnavigation facilities to facilitate internationalair navigation, in accordance with the standardsand practices recommended or established fromtime to time, pursuant to this Convention;

(b) Adopt and put into operation the appro-priate standard systems of communicationsprocedure, codes, markings, signals, lightingand other operational practices and rules whichmay be recommended or established from timeto time, pursuant to this Convention;

(c) Collaborate in international measures tosecure the publication of aeronautical maps and

charts in accordance with standards which maybe recommended or established from time totime, pursuant to this Convention.

CHAPTER V

Conditions to be Fulfilled With Respect toAircraft

Article 29[Documents carried in aircraft]

Every aircraft of a contracting State, en-gaged in international navigation, shall carrythe following documents in conformity with theconditions prescribed in this Convention :

(a) Its certificate of registration;(b) Its certificate of airworthiness;(c) The appropriate licenses for each mem-

ber of the crew;(d) Its journey log book;(e) If it is equipped with radio apparatus,

the aircraft radio station license;(f ) If it carries passengers, a list of their

names and places of embarkation and destina-tion;

(g) If it carries cargo, a manifest and de-tailed declarations of the cargo.

Article SO[Aircraft radio equipment]

(a) Aircraft of each contracting State may,in or over the territory of other contractingStates, carry radio transmitting apparatus onlyif a license to install and operate such apparatushas been issued by the appropriate authoritiesof the State in which the aircraft is registered.The use of radio transmitting apparatus in theterritory of the contracting State whose terri-tory is flown over shall be in accordance with theregulations prescribed by that State.

(b) Radio transmitting apparatus may beused only by members of the flight crew who areprovided with a special license for the purpose,issued by the appropriate authorities of theState in which the aircraft is registered.

Article 31[Certificates of airworthiness]

Every aircraft engaged in international navi-gation shall be provided with a certificate ofairworthiness issued or rendered valid by theState in which it is registered.

Article 32[Licenses of personnel]

(a) The pilot of every aircraft and the othermembers of the operating crew of every air-craft engaged in international navigation shallbe provided with certificates of competency andlicenses issued or rendered valid by the Statein which the aircraft is registered.

(b) Each contracting State reserves theright to refuse to recognize, for the purpose offlight above its own territory, certificates ofcompetency and licenses granted to any of itsnationals by another contracting State.

Article 33[Recognition of certificates and licenses]

Certificates of airworthiness and certificatesof competency and licenses issued or rendered


valid by the contracting State in which the air-craft is registered, shall be recognized as validby the other contracting States, provided thatthe requirements under which such certificatesor licenses were issued or rendered valid areequal to or above the minimum standards whichmay be established from time to time pursuantto this Convention.

Article 34[Journey log books]

There shall be maintained in respect of everyaircraft engaged in international navigation ajourney log book in which shall be entered par-ticulars of the aircraft, its crew and of eachjourney, in such form as may be prescribedfrom time to time pursuant to this Convention.

Article 35[Cargo restrictions]

(a) No munitions of war or implements ofwar may be carried in or above the territory ofa State in aircraft engaged in internationalnavigation, except by permission of such State.Each State shall determine by regulationswhat constitutes munitions of war or imple-ments of war for the purposes of this Article,giving due consideration, for the purposes ofuniformity, to such recommendations as theInternational Civil Aviation Organization mayfrom time to time make.

(b) Each contracting State reserves theright, for reasons of public order and safety, toregulate or prohibit the carriage in or above itsterritory of articles other than those enumer-ated in paragraph (a) : provided that no dis-tinction is made in this respect between its na-tional aircraft engaged in international naviga-tion and the aircraft of the other States so en-gaged; and provided further that no restrictionshall be imposed which may interfere with thecarriage and use on aircraft of apparatus neces-sary for the operation or navigation of the air-craft or the safety of the personnel or pas-sengers.

Article 36[Photographic apparatus]

Each contracting State may prohibit or regu-late the use of photographic apparatus in air-craft over its territory.

CHAPTER VI

International Standards and RecommendedPracticesArticle 37

[Adoption of international standards and procedures]

Each contracting State undertakes to collab-orate in securing the highest practicable degreeof uniformity in regulations, standards, pro-cedures, and organization in relation to air-craft, personnel, airways and auxiliary servicesin all matters in which such uniformity willfacilitate and improve air navigation.

To this end the International Civil AviationOrganization shall adopt and amend from timeto time, as may be necessary, international stan-dards and recommended practices and proce-dures dealing with :

(a) Communications systems and air navi-gation aids, including ground marking;

(b) Characteristics of airports and landingareas;

(c) Rules of the air and air traffic controlpractices;

(d) Licensing of operating and mechanicalpersonnel;

(e) Airworthiness of aircraft;(f) Registration and identification of air-

craft;(g) Collection and exchange of meteorolog-

ical information;(h) Log books;(i) Aeronautical maps and charts;(j) Customs and immigration procedures;(k) Aircraft in distress and investigation of

accident;and such other matters concerned with thesafety, regularity, and efficiency of air naviga-tion as may from time to time appear appro-priate.

Article 38[Departures from international standards and procedures]

Any State which finds it impracticable tocomply in all respects with any such interna-tional standard or procedure, or to bring its ownregulations or practices into full accord withany international standard or procedure afteramendment of the latter, or which deems itnecessary to adopt regulations or practicesdiffering in any particular respect from thoseestablished by an international standard, shallgive immediate notification to the InternationalCivil Aviation Organization of the differencesbetween its own practice and that establishedby the international standard. In the case ofamendments to international standards, anyState which does not make the appropriateamendments to its own regulations or practicesshall give notice to the Council within sixty daysof the adoption of the amendment to the inter-national standard, or indicate the action whichit proposes to take. In any such case, the Coun-cil shall make immediate notification to all otherstates of the difference which exists betweenone or more features of an international stan-dard and the corresponding national practiceof that State,

Article 39[Endorsement of certificates and licenses]

(a) Any aircraft or part thereof with respectto which there exists an international standardof airworthiness or performance, and whichfailed in any respect to satisfy that standardat the time of its certification, shall have en-dorsed on or attached to its airworthiness cer-tificate a complete enumeration of the details inrespect of which it so failed.

(b) Any person holding a license who doesnot satisfy in full the conditions laid down inthe international standard relating to the classof license or certificate which he holds shall haveendorsed on or attached to his license a completeenumeration of the particulars in which he doesnot satisfy such conditions.


Article 40[Validity of endorsed certificates and licenses]

No aircraft or personnel having certificatesor licenses so endorsed shall participate in in-ternational navigation, except with the permis-sion of the State or States whose territory isentered. The registration or use of any suchaircraft, or of any certificated aircraft part, inany State other than that in which it was orig-inally certificated shall be at the discretion ofthe State into which the aircraft or part isimported.

Article 41[Recognition of existing standards of airworthiness]

The provisions of this Chapter shall not applyto aircraft and aircraft equipment of types ofwhich the prototype is submitted to the appro-priate national authorities for certificationprior to a date three years after the date ofadoption of an international standard of air-worthiness for such equipment.

Article 42[Recognition of existing standards of competency of personnel]

The provisions of this Chapter shall not applyto personnel whose licenses are originally issuedprior to a date one year after initial adoption ofan international standard of qualification forsuch personnel; but they shall in any case applyto all personnel whose licenses remain valid fiveyears after the date of adoption of such stan-dard.

PART II—THE INTERNATIONAL CIVILAVIATION ORGANIZATION

CHAPTER VIIThe Organization

Article 43[Name and composition]

An organization to be named the Interna-tional Civil Aviation Organization is formed bythe Convention. It is made up of an Assembly,a Council, and such other bodies as may benecessary.

Articles 44[Objectives]

The aim and objectives of the Organizationare to develop the principles and techniques ofinternational air navigation and to foster theplanning and development of international airtransport so as to :

(a) Insure the safe and orderly growth ofinternational civil aviation throughout theworld;

(b) Encourage the arts of aircraft designand operation for peaceful purposes;

(c) Encourage the development of airways,airports, and air navigation facilities for inter-national civil aviation;

(d) Meet the needs of the peoples of theworld for safe, regular, efficient and economicalair transport;

(e) Prevent economic waste caused by un-reasonable competition;

(f) Insure that the rights of contractingStates are fully respected and that every con-

tracting State has a fair opportunity to operateinternational airlines;

(g) Avoid discrimination between contract-ing States;

(h) Promote safety of flight in internationalair navigation;

(i) Promote generally the development ofall aspects of international civil aeronautics.

Article 45[Permanent seat]

The permanent seat of the Organization shallbe at such place as shall be determined at thefinal meeting of the Interim Assembly of theProvisional International Civil Aviation Organ-ization set up by the Interim Agreement on In-ternational Civil Aviation signed at Chicago onDecember 7, 1944. The seat may be temporarilytransferred elsewhere by decision of theCouncil.

Article 46[First meeting of Assembly]

The first meeting of the Assembly shall besummoned by the Interim Council of the above-mentioned Provisional Organization as soon asthe Convention has come into force, to meet ata time and place to be decided by the InterimCouncil.

Article 47[Legal capacity]

The Organization shall enjoy in the territoryof each contracting State such legal capacity asmay be necessary for the performance of itsfunctions. Full juridical personality shall begranted wherever compatible with the consti-tution and laws of the State concerned.

CHAPTER VIII

The AssemblyArticle 48

[Meetings of Assembly and voting]

(a) The Assembly shall meet annually andshall be convened by the Council at a suitabletime and place. Extraordinary meetings of theAssembly may be held at any time upon the callof the Council or at the request of any ten con-tracting States addressed to the SecretaryGeneral.

(b) All contracting States shall have anequal right to be represented at the meetings ofthe Assembly and each contracting State shallbe entitled to one vote. Delegates representingcontracting States may be assisted by technicaladvisers who may participate in the meetingsbut shall have no vote.

(c) A majority of the contracting States isrequired to constitute a quorum for the meet-ings of the Assembly. Unless otherwise pro-vided in this Convention, decisions of the As-sembly shall be taken by a majority of the votescast.

Article 49[Powers and duties of Assembly]

The powers and duties of the Assembly shallbe to:

(a) Elect at each meeting its President andother officers;


(b) Elect the contracting States to be rep-resented on the Council, in accordance with theprovisions of Chapter IX;

(c) Examine and take appropriate action onthe reports of the Council and decide on anymatter referred to it by the Council;

(d) Determine its own rules of procedureand establish such subsidiary commissions asit may consider to be necessary or desirable;

(e) Vote an annual budget and determinethe financial arrangements of the Organization,in accordance with the provisions of ChapterXII;

(f) Review expenditures and approve theaccounts of the Organization;

(g) Refer, at its discretion, to the Council,to subsidiary commissions, or to any other bodyany matter within its sphere of action;

(h) Delegate to the Council the powers andauthority necessary or desirable for the dis-charge of the duties of the Organization andrevoke or modify the delegations of authorityat any time;

(i) Carry out the appropriate provisions ofChapter XIII;

(j) Consider proposals for the modificationsor amendment of the provisions of this Con-vention and, if it approves of the proposals, re-commend them to the contracting States in ac-cordance with the provisions of Chapter XXI;

(k) Deal with any matter within the sphereof action of the Organization not specifically as-signed to the Council.

CHAPTER IX

The Council

Article 50[Composition and election of Council]

(a) The Council shall be a permanent bodyresponsible to the Assembly. It shall be com-posed of twenty-one contracting States electedby the Assembly. An election shall be held atthe first meeting of the Assembly and thereafterevery three years, and the members of the Coun-cil so elected shall hold office until the next fol-lowing election.

(b) In electing the members of the Council,the Assembly shall give adequate representa-tion to (1) the States of chief importance in airtransport; (2) the States not otherwise includ-ed which make the largest contribution to theprovision of facilities for international civil airnavigation; and (3) the States not otherwiseincluded whose designation will insure that allthe major geographic areas of the world arerepresented on the Council. Any vacancy on theCouncil shall be filled by the Assembly as soon aspossible; any contracting State so elected to theCouncil shall hold office for the unexpired por-tion of its predecessor's term of office.

(c) No representative of a contracting Stateon the Council shall be actively associated withthe operation of an international air service orfinancially interested in such a service.

Article 51[President of Council]

The Council shall elect its President for aterm of three years. He may be reelected. Heshall have no vote. The Council shall elect fromamong its members one or more Vice Presidentswho shall retain their right to vote when serv-ing as acting President. The President need notbe selected from among the representatives ofthe members of the Council but, if a represen-tative is elected, his seat shall be deemed vacantand it shall be filled by the State which he rep-resented. The duties of the President shall be to :

(a) Convene meetings of the Council, theAir Transport Committee, and the Air Naviga-tion Commission;

(b) Serve as representative of the Council;and

(c) Carry out on behalf of the Council thefunctions which the Council assigns to him.

Article 52[Voting in Council]

Decisions by the Council shall require ap-proval by a majority of its members. The Coun-cil may delegate authority with respect to anyparticular matter to a committee of its mem-bers. Decisions of any committee of the Councilmay be appealed to the Council by any inter-ested contracting State.

Article 53[Participation without a vote]

Any contracting State may participate, with-out a vote, in the consideration, by the Counciland by its committees and commissions of anyquestion which especially affects its interests.No member of the Council shall vote in the con-sideration by the Council of a dispute to whichit is a party.

Article 54[Mandatory functions of Council]

The Council shall :(a) Submit annual reports to the Assembly;(b) Carry out the directions of the Assem-

bly and discharge the duties and obligationswhich are laid on it by this Convention;

(c) Determine its organization and rules ofprocedure;

(d) Appoint and define the duties of an AirTransport Committee, which shall be chosenfrom among the representatives of the mem-bers of the Council, and which shall be respon-sible to it;

(e) Establish an Air Navigation Commis-sion, in accordance with the provisions of Chap-ter X;

(f) Administer the finances of the Organi-zation in accordance with the provisions ofChapters XII and XV;

(g) Determine the emoluments of the Presi-dent of the Council;

(h) Appoint a chief executive officer whoshall be called the Secretary General, and makeprovision for the appointment of such otherpersonnel as may be necessary, in accordancewith the provisions of Chapter XI;


(i) Request, collect, examine and publish in-formation relating to the advancement of airnavigation and the operation of internationalair services, including information about thecosts of operation and particulars of subsidiespaid to airlines from public funds;

(j) Report to contracting States any infrac-tion of this Convention, as well as any failureto carry out recommendations or determina-tions of the Council;

(k) Report to the Assembly any infractionof this Convention where a contracting Statehas failed to take appropriate action within areasonable time after notice of the infraction;

(1) Adopt, in accordance with the provisionsof Chapter VI of this Convention, internationalstandards and recommended practices; for con-venience, designate them as Annexes to thisConvention; and notify all contracting Statesof the action taken;

(m) Consider recommendations of the AirNavigation Commission for amendment of theAnnexes and take action in accordance with theprovisions of Chapter XX;

(n) Consider any matter relating to the Con-vention which any contracting State refers toit.

Article 55[Permissive functions of Council]

The Council may :(a) Where appropriate and as experience

may show to be desirable, create subordinate airtransport commissions on a regional or otherbasis and define groups of states or airlines withor through which it may deal to facilitate thecarrying out of the aims of this Convention;

(b) Delegate to the Air Navigation Com-mission duties additional to those set forth inthe Convention and revoke or modify such dele-gations of authority at any time;

(c) Conduct research into all aspects of airtransport and air navigation which are of inter-national importance, communicate the resultsof its research to the contracting States, andfacilitate the exchange of information betweencontracting States on air transport and air na-vigation matters;

(d) Study any matters affecting the organi-zation and operation of international air trans-port, including the international ownership andoperation of international air services on trunkroutes, and submit to the Assembly plans inrelation thereto;

(e) Investigate, at the request of any con-tracting State, any situation which may appearto present avoidable obstacles to the develop-ment of international air navigation; and, aftersuch investigation, issue such reports as mayappear to it desirable.

CHAPTER X

The Air Navigation CommissionArticle 56

[Nomination and appointment of Commission]

The Air Navigation Commission shall becomposed of twelve members appointed by the

Council from among persons nominated by con-tracting States. These persons shall have suit-able qualifications and experience in the scienceand practice of aeronautics. The Council shallrequest all contracting States to submit nomi-nations. The President of the Air NavigationCommission shall be appointed by the Council.

Article 57[Duties of Commission]

The Air Navigation Commission shall:(a) Consider, and recommend to the Council

for adoption, modifications of the Annexes tothis Convention;

(b) Establish technical subcommissions onwhich any contracting State may be repre-sented, if it so desires;

(c) Advise the Council concerning the col-lection and communication to the contractingStates of all information which it considersnecessary and useful for the advancement ofair navigation.

CHAPTER XI

Personnel

Article 58[Appointment of personnel]

Subject to any rules laid down by the Assem-bly and to the provisions of this Convention,the Council shall determine the method of ap-pointment and of termination of appointment,the training, and the salaries, allowances, andconditions of service of the Secretary Generaland other personnel of the Organization, andmay employ or make use of the services of na-tionals of any contracting State.

Article 59[International character of personnel]

The President of the Council, the SecretaryGeneral, and other personnel shall not seek orreceive instructions in regard to the dischargeof their responsibilities from any authority ex-ternal to the Organization. Each contractingState undertakes fully to respect the interna-tional character of the responsibilities of thepersonnel and not to seek to influence any of itsnationals in the discharge of their responsi-bilities.

Article 60[Immunities and privileges of personnel]

Each contracting State undertakes, so far aspossible under its constitutional procedure, toaccord to the President of the Council, the Sec-retary General, and the other personnel of theOrganization, the immunities and privilegeswhich are accorded to corresponding personnelof other public international organizations. Ifa general international agreement on the im-munities and privileges of international civilservants is arrived at, the immunities and pri-vileges accorded to the President, the SecretaryGeneral, and the other personnel of the Organi-zation shall be the immunities and privileges ac-corded under that general international agree-ment.


CHAPTER XII

FinanceArticle 61

[Budget and apportionment of expenses]

The Council shall submit to the Assembly anannual budget, annual statements of accountsand estimates of all receipts and expenditures.The Assembly shall vote the budget with what-ever modification it sees fit to prescribe, and,with the exception of assessments under Chap-ter XV to States consenting thereto, shall ap-portion the expenses of the Organization amongthe contracting States on the basis which itshall from time to time determine.

Article 62[Suspension of voting power]

The Assembly may suspend the voting powerin the Assembly and in the Council of any con-tracting State that fails to discharge within areasonable period its financial obligations to theOrganization.

Article 63[Expenses of delegations and other representatives]

Each contracting State shall bear the ex-penses of its own delegation to the Assemblyand the remuneration, travel, and other ex-penses of any person whom it appoints to serveon the Council, and of its nominees or represen-tatives on any subsidiary committees or com-missions of the Organization.

CHAPTER XIII

Other International ArrangementsArticle 64

[Security arrangements]

The Organization may, with respect to airmatters within its competence directly affectingworld security, by vote of the Assembly enterinto appropriate arrangements with any gen-eral organization set up by the nations of theworld to preserve peace.

Article 65[Arrangements with other international bodies]

The Council, on behalf of the Organization,may enter into agreements with other inter-national bodies for the maintenance of commonservices and for common arrangements con-cerning personnel and, with the approval of theAssembly, may enter into such other arrange-ments as may facilitate the work of the Organi-zation.

Article 66[Functions relating to other agreements]

(a) The Organization shall also carry outthe functions placed upon it by the Internation-al Air Services Transit Agreement and by theInternational Air Transport Agreement drawnup at Chicago on December 7, 1944, in accord-ance with the terms and conditions thereinset forth.

(b) Members of the Assembly and the Coun-cil who have not accepted the International AirServices Transit Agreement or the Internation-

al Air Transport Agreement drawn up at Chi-cago on December 7, 1944, shall not have theright to vote on any questions referred to theAssembly or Council under the provisions ofthe relevant Agreement.

PART HI-INTERNATIONAL AIR TRANSPORTCHAPTER XIV

Information and ReportsArticle 67

[File reports with Council]

Each contracting State undertakes that itsinternational airlines shall, in accordance withrequirements laid down by the Council, file withthe Council traffic reports, cost statistics andfinancial statements showing among otherthings all receipts and the sources thereof.

CHAPTER XVAirports and Other Air Navigation Facilities

Article 68[Designation of routes and airports]

Each contracting State may, subject to theprovisions of this Convention, designate theroute to be followed within its territory by anyinternational air service and the airports whichany such service may use.

Article 69[Improvement of air navigation facilities]

If the Council is of the opinion that the air-ports or other air navigation facilities, includ-ing radio and meteorological services, of a con-tracting State are not reasonably adequate forthe safe, regular, efficient, and economical oper-ation of international air services, present orcontemplated, the Council shall consult with theState directly concerned, and other States af-fected, with a view to finding means by whichthe situation may be remedied, and may makerecommendations for that purpose. No contract-ing State shall be guilty of an infraction of thisConvention if it fails to carry out these recom-mendations.

Article 70[Financing of air navigation facilities]

A contracting State, in the circumstancesarising under the provisions of Article 69, mayconclude an arrangement with the Council forgiving effect to such recommendations. TheState may elect to bear all of the costs involvedin any such arrangement. If the State does notso elect, the Council may agree, at the requestof the State, to provide for all or a portion ofthe costs.

Article 71[Provision and maintenance of facilities by Council]

If a contracting State so requests, the Coun-cil may agree to provide, man, maintain, andadminister any or all of the airports and otherair navigation facilities, including radio andmeteorological services, required in its territoryfor the safe, regular, efficient and economicaloperation of the international air services ofthe other contracting States, and may specify


just and reasonable charges for the use of thefacilities provided.

Article 72[Acquisition or use of land]

Where land is needed for facilities financedin whole or in part by the Council at the requestof a contracting State, that State shall eitherprovide the land itself, retaining title if itwishes, or facilitate the use of the land by theCouncil on just and reasonable terms and inaccordance with the laws of the State concerned.

Article 73[Expenditure and assessment of funds]

Within the limit of the funds which may bemade available to it by the Assembly underChapter XII, the Council may make current ex-penditures for the purposes of this Chapterfrom the general funds of the Organization.The Council shall assess the capital funds re-quired for the purposes of this Chapter in pre-viously agreed proportions over a reasonableperiod of time to the contracting States con-senting thereto whose airlines use the facilities.The Council may also assess to States that con-sent any working funds that are required.

Article 74(Technical assistance and utilization of revenues]

When the Council, at the request of a con-tracting State, advances funds or provides air-ports or other facilities in whole or in part, thearrangement may provide, with the consent ofthat State, for technical assistance in the super-vision and operation of the airports and otherfacilities, and for the payment, from the reve-nues derived from the operation of the airportsand other facilities, of the operating expensesof the airports and the other facilities, and ofinterest and amortization charges.

Article 75[Taking over of facilities from Council]

A contracting State may at any time dis-charge any obligation into which it has enteredunder Article 70, and take over airports andother facilities which the Council has providedin its territory pursuant to the provisions ofArticles 71 and 72, by paying to the Council anamount which in the opinion of the Council isreasonable in the circumstances. If the Stateconsiders that the amount fixed by the Councilis unreasonable it may appeal to the Assemblyagainst the decision of the Council and the As-sembly may confirm or amend the decision ofthe Council.

Article 76[Return of funds]

Funds obtained by the Council through reim-bursements under Article 75 and from receiptsof interest and amortization payments underArticle 74 shall, in the case of advances origin-ally financed by States under Article 73, be re-turned to the States which were originally as-sessed in the proportion of their assessments,as determined by the Council.

CHAPTER XVI

Joint Operating Organization and PooledServices

Article 77[Joint operating organizations permitted]

Nothing in this Convention shall prevent twoor more contracting States from constitutingjoint air transport operating organizations orinternational operating agencies and from pool-ing their air services on any routes or in anyregions, but such organizations or agencies andsuch pooled services shall be subject to all theprovisions of this Convention, including thoserelating to the registration of agreements withthe Council. The Council shall determine in whatmanner the provisions of this Convention relat-ing to nationality of aircraft shall apply to air-craft operated by international operatingagencies.

Article 78[Function of Council]

The Council may suggest to contractingStates concerned that they form joint organiza-tions to operate air services on any routes orin any regions.

Article 79[Participation in operating organizations]

A State may participate in joint operatingorganizations or in pooling arrangements,either through its government or through anairline company or companies designated by itsgovernment. The companies may, at the solediscretion of the State concerned, be state-owned or partly state-owned or privately owned.

PART IV—FINAL PROVISIONSCHAPTER XVII

Other Aeronautical Agreements andArrangements

Article 80[Paris and Habana Conventions]

Each contracting State undertakes, immedi-ately upon the coming into force of this Conven-tion, to give notice of denunciation of the Con-vention relating to the Regulation of AerialNavigation signed at Paris on October 13, 1919,or the Convention on Commercial Aviationsigned at Habana on February 20, 1928, if it isa party to either. As between contracting States,this Convention supersedes the Conventions ofParis and Habana previously referred to.

Article 81[Registration of existing agreements]

All aeronautical agreements which are inexistence on the coming into force of this Con-vention, and which are between a contractingState and any other State or between an airlineof a contracting State and any other State orthe airline of any other State, shall be forth-with registered with the Council.


Article 82[Abrogation of inconsistent arrangements]

The contracting States accept this Conven-tion as abrogating all obligations and under-standings between them which are inconsistentwith its terms, and undertake not to enter intoany such obligations and understandings. Acontracting State which, before becoming amember of the Organization has undertakenany obligations toward a non-contracting Stateinconsistent with the terms of this Convention,shall take immediate steps to procure its re-lease from the obligations. If an airline of anycontracting State has entered into any such in-consistent obligations, the State of which itis a national shall use its best efforts to securetheir termination forthwith and shall in anyevent cause them to be terminated as soon assuch action can lawfully be taken after the com-ing into force of this Convention.

Article 83[Registration of new arrangements]

Subject to the provisions of the precedingArticle, any contracting State may make ar-rangements not inconsistent with the provi-sions of this Convention. Any such arrangementshall be forthwith registered with the Council,which shall make it public as soon as possible.

CHAPTER XVIII

Disputes and DefaultArticle 84

[Settlement of disputes]

If any disagreement between two or morecontracting States relating to the interpreta-tion or application of this Convention and itsAnnexes cannot be settled by negotiation, itshall, on the application of any State concernedin the disagreement, be decided by the Council.No member of the Council shall vote in the con-sideration by the Council of any dispute towhich it is a party. Any contracting State may,subject to Article 85, appeal from the decisionof the Council to an ad hoc arbitral tribunalagreed upon with the other parties to the dis-pute or to the Permanent Court of InternationalJustice. Any such appeal shall be notified to theCouncil within sixty days of receipt of notifica-tion of the decision of the Council.

Article 85[Arbitration procedure]

If any contracting State party to a disputein which the decision of the Council is underappeal has not accepted the Statute of the Per-manent Court of International Justice and thecontracting States parties to the dispute cannotagree on the choice of the arbitral tribunal,each of the contracting States parties to thedispute shall name a single arbitrator who shallname an umpire. If either contracting Stateparty to the dispute fails to name an arbitratorwithin a period of three months from the dateof the appeal, an arbitrator shall be named onbehalf of that State by the President of theCouncil from a list of qualified and availablepersons maintained by the Council. If, within

thirty days, the arbitrators cannot agree on anumpire, the President of the Council shalldesignate an umpire from the list previouslyreferred to. The arbitrators and the umpireshall then jointly constitute an arbitral tribu-nal. Any arbitral tribunal established underthis or the preceding Article shall settle itsown procedure and give its decisions by major-ity vote, provided that the Council may deter-mine procedural questions in the event of anydelay which in the opinion of the Council isexcessive.

Article 86[Appeals]

Unless the Council decides otherwise, anydecision by the Council on whether an inter-national airline is operating in conformity withthe provisions of this Convention shall remainin effect unless reversed on appeal. On anyother matter, decisions of the Council shall, ifappealed from, be suspended until the appealis decided. The decisions of the PermanentCourt of International Justice and of an arbi-tral tribunal shall be final and binding.

Article 87[Penalty for non-conformity by airline]

Each contracting State undertakes not to al-low the operation of an airline of a contractingState through the airspace above its territoryif the Council has decided that the airline con-cerned is not conforming to a final decision ren-dered in accordance with the previous Article.

Article 88[Penalty for non-conformity ay State]

The Assembly shall suspend the voting powerin the Assembly and in the Council of any con-tracting State that is found in default underthe provisions of this Chapter.

CHAPTER XIX

WarArticle 89

[War and emergency conditions]

In case of war, the provisions of this Conven-tion shall not affect the freedom of action ofany of the contracting States affected, whetheras belligerents or as neutrals. The same prin-ciple shall apply in the case of any contractingState which declares a state of national emer-gency and notifies the fact to the Council.

CHAPTER XX

AnnexesArticle 90

[Adoption and amendment of Annexes]

(a) The adoption by the Council of the An-nexes described in Article 54, subparagraph(1), shall require the vote of two-thirds of theCouncil at a meeting called for that purpose andshall then be submitted by the Council to eachcontracting State. Any such Annex or anyamendment of an Annex shall become effectivewithin three months after its submission to thecontracting States or at the end of such longer

Yearbook of the United Nations

period of time as the Council may prescribe,unless in the meantime a majority of the con-tracting States register their disapproval withthe Council.

(b) The Council shall immediately notify allcontracting States of the coming into force ofany Annex or amendment thereto.

CHAPTER XXI

Ratifications, Adherences, Amendments, andDenunciations

Article 91[Ratification of Convention.]

(a) This Convention shall be subject to rati-fication by the signatory States. The instru-ments of ratification shall be deposited in thearchives of the Government of the UnitedStates of America, which will give notice of thedate of the deposit to each of the signatory andadhering States.

(b) As soon as this Convention has been rati-fied or adhered to by twenty-six States it shallcome into force between them on the thirtiethday after deposit of the twenty-sixth instru-ment. It shall come into force for each Stateratifying thereafter on the thirtieth day afterthe deposit of its instrument of ratification.

(c) It shall be the duty of the Governmentof the United States of America to notify thegovernment of each of the signatory and adher-ing States of the date on which this Conventioncomes into force.

Article 92[Adherence to Convention]

(a) This Convention shall be open for ad-herence by members of the United Nations andStates associated with them, and States whichremained neutral during the present world con-flict.

(b) Adherence shall be effected by a notifi-cation addressed to the Government of theUnited States of America and shall take effectas from the thirtieth day from the receipt ofthe notification by the Government of theUnited States of America, which shall notify allthe contracting States.

Article 93[Admission of other States]

States other than those provided for in Arti-cle 91 and 92 (a) may, subject to approval byany general international organization set upby the nations of the world to preserve peace, beadmitted to participation in this Convention bymeans of a four-fifths vote of the Assembly andon such conditions as the Assembly may pre-scribe : provided that in each case the assent ofany State invaded or attacked during the pres-ent war by the State seeking admission shallbe necessary.

Article 94[Amendment of Convention]

(a) Any proposed amendment to this Con-vention must be approved by a two-thirds voteof the Assembly and shall then come into force

in respect of States which have ratified suchamendment when ratified by the number of con-tracting States specified by the Assembly. Thenumber so specified shall not be less than two-thirds of the total number of contracting States.

(b) If in its opinion the amendment is ofsuch a nature as to justify this course, the As-sembly in its resolution recommending adoptionmay provide that any State which has not rati-fied within a specified period after the amend-ment has come into force shall thereupon ceaseto be a member of the Organization and a partyto the Convention.

Article 95[Denunciation of Convention]

(a) Any contracting State may give noticeof denunciation of this Convention three yearsafter its coming into effect by notification ad-dressed to the Government of the United Statesof America, which shall at once inform each ofthe contracting States.

(b) Denunciation shall take effect one yearfrom the date of receipt of the notification andshall operate only as regards the State effectingthe denunciation.

CHAPTER XXII

DefinitionsArticle 96

For the purpose of this Convention the ex-pression:

(a) "Air service" means any scheduled airservice performed by aircraft for the publictransport of passengers, mail or cargo.

(b) "International air service" means an airservice which passes through the air space overthe territory of more than one State.

(c) "Airline" means any air transport enter-prise offering or operating an international airservice.

(d) "Stop for non-traffic purposes" means alanding for any purpose other than taking onor discharging passengers, cargo or mail.

Signature of ConventionIN WITNESS WHEREOF, the undersigned pleni-

potentiaries, having been duly authorized, signthis Convention on behalf of their respectivegovernments on the dates appearing oppositetheir signatures.

DONE at Chicago the seventh day of Decem-ber 1944, in the English language. A text drawnup in the English, French, and Spanish lan-guages, each of which shall be of equal authen-ticity, shall be opened for signature at Wash-ington, D.C. Both texts shall be deposited inthe archives of the Government of the UnitedStates of America, and certified copies shall betransmitted by that Government to the govern-ments of all the States which may sign oradhere to this Convention.


ANNEX III.AGREEMENT BETWEENTHE UNITED NATIONS

ANDTHE INTERNATIONAL CIVIL AVIA-

TION ORGANIZATIONPREAMBLE

Article 57 of the Charter of the United Na-tions makes provision for bringing the special-ized agencies, established by inter-governmentalagreement and having wide international re-sponsibilities as defined in their basic instru-ments in economic, social, cultural, educational,health and related fields, into relationship withthe United Nations.

Article 64 of the Convention on InternationalCivil Aviation provides that the InternationalCivil Aviation Organization may, with respectto air matters within its competence directlyaffecting world security, enter into appropriatearrangements with any general organization setup by the nations of the world to preserve peace.Article 65 of the Convention provides that theOrganization may enter into agreements withinternational bodies for the maintenance ofcommon services, for common arrangementsconcerning personnel and for the facilitation ofits work.

Therefore the United Nations and the Inter-national Civil Aviation Organization agree asfollows :

ARTICLE IThe United Nations recognizes the Inter-

national Civil Aviation Organization as thespecialized agency responsible for taking suchaction as may be appropriate under its basicinstrument for the accomplishment of the pur-poses set forth therein.

ARTICLE II

Applications for membership by certain StatesAny application submitted to the Interna-

tional Civil Aviation Organization by statesother than those provided for in articles 91and 92 (a) of the Convention on InternationalCivil Aviation to become parties to the Con-vention, shall be immediately transmitted bythe secretariat of the Organization to the Gen-eral Assembly of the United Nations. The Gen-eral Assembly may recommend the rejection ofsuch application and any such recommenda-tion shall be accepted by the Organization. Ifno such recommendation is made by the Gen-eral Assembly at the first session followingreceipt of the application, the application shallbe decided upon by the Organization in accord-ance with the procedure established in article93 of the Convention.

ARTICLE III

Reciprocal representation1. Representatives of the United Nations

shall be invited to attend the meetings of the

Assembly of the International Civil AviationOrganization, the Council of the Organizationand their commissions and committees and suchgeneral, regional or other special meetings asthe Organization may convene, and to partici-pate, without vote, in the deliberations of thesebodies.

2. Representatives of the International CivilAviation Organization shall be invited to attendmeetings of the Economic and Social Counciland of its commissions and committees and toparticipate, without vote, in the deliberationsof these bodies with respect to items on theiragenda relating to civil aviation matters.

3. Representatives of the International CivilAviation Organization shall be invited to at-tend meetings of the General Assembly for thepurposes of consultation on civil aviationmatters.

4. Representatives of the International CivilAviation Organization shall be invited to at-tend meetings of the main committees of theGeneral Assembly when civil aviation mattersare under discussion and to participate, with-out vote, in such discussions.

5. Representatives of the International CivilAviation Organization shall be invited to attendmeetings of the Trusteeship Council of theUnited Nations and to participate, without vote,in the deliberations thereof, with respect toitems on its agenda relating to civil aviationmatters.

6. Written statements submitted by theInternational Civil Aviation Organization onmatters relating to civil aviation shall be dis-tributed as soon as possible by the Secretariatof the United Nations to all members of theprincipal and subsidiary organs and their com-missions or committees of the United Nations,as appropriate. Similarly, written statements ofany of the principal or subsidiary organs andtheir commissions or committees of the UnitedNations shall be distributed as soon as possibleby the secretariat of the Organization to allmembers of the Assembly or Council of theOrganization as appropriate.

ARTICLE IV

Proposal of agenda itemsAfter such preliminary consultation as may

be necessary, the International Civil AviationOrganization shall include on the agenda ofthe Assembly or Council of the Organizationitems proposed to it by the United Nations, andthe Economic and Social Council and its com-missions and the Trusteeship Council shallinclude on their agenda items proposed by theAssembly or Council of the Organization.

ARTICLE V

Recommendations of the United Nations1. The International Civil Aviation Organi-

zation, having regard to the obligation of the


United Nations to promote the objectives setforth in Article 55 of the Charter and the func-tion and power of the Economic and SocialCouncil under Article 62 of the Charter to makeor initiate studies and reports with respect tointernational, economic, social, cultural, educa-tional, health and related matters and to makerecommendations concerning these matters tothe specialized agencies concerned, and havingregard also to the responsibility of the UnitedNations, under Article 58 and 63 of the Charter,to make recommendations for the co-ordinationof the policies and activities of such specializedagencies, agrees to arrange for the submission,as soon as possible, to its appropriate organ ofall formal recommendations which the UnitedNations may make to it.

2. The International Civil Aviation Organi-zation agrees to enter into consultation with theUnited Nations upon request with respect tosuch recommendations, and in due course toreport to the United Nations on the action takenby the Organization or by its members to giveeffect to such recommendations, or on the otherresults of their consideration.

3. The International Civil Aviation Organ-ization affirms its intention of co-operating inwhatever measures may be necessary to makeco-ordination of the activities of specializedagencies and those of the United Nations fullyeffective. In particular, it agrees to participatein, and to co-operate with any body or bodieswhich the Economic and Social Council mayestablish for the purpose of facilitating suchco-ordination and to furnish such informationas may be required for the carrying out of thispurpose.

ARTICLE VI

Exchange of information and documents

1. Subject to such arrangements as may benecessary for the safeguarding of confidentialmaterial, the fullest and promptest exchangeof information and documents shall be madebetween the United Nations and the Interna-tional Civil Aviation Organization.

2. Without prejudice to the generality of theprovisions of Paragraph 1 :

(a) The International Civil Aviation Organ-ization agrees to transmit to the United Na-tions regular reports on its activities;(b) The International Civil Aviation Organ-ization agrees to comply to the fullest extentpracticable with any request which the UnitedNations may make for the furnishing of spe-cial reports, studies or information, subjectto the condition set forth in article XVI; and(c) The Secretary-General of the UnitedNations shall, upon request, consult with theappropriate officer of the Organization withrespect to the furnishing to the Organizationof such information as may be of special in-terest to it.

ARTICLE VII

Assistance to the Security CouncilThe International Civil Aviation Organiza-

tion agrees to co-operate with the Economicand Social Council in furnishing such informa-tion and rendering such assistance to the Secu-rity Council as that Council may request, includ-ing assistance in carrying out decisions of theSecurity Council for the maintenance or restor-ation of international peace and security.

ARTICLE VIII

Assistance to the Trusteeship CouncilThe International Civil Aviation Organiza-

tion agrees to co-operate with the TrusteeshipCouncil in the carrying out of its functions andin particular agrees that it will, to the greatestextent possible, render such assistance as theTrusteeship Council may request in regard tomatters with which the Organization is con-cerned.

ARTICLE IX

Non-self-governing territoriesThe International Civil Aviation Organiza-

tion agrees to co-operate with the United Na-tions in giving effect to the principles and obli-gations set forth in Chapter XI of the Charterwith regard to matters affecting the well-beingand development of the peoples of non-self-governing territories.

ARTICLE X

Relations with the International Courtof Justice

1. The International Civil Aviation Organi-zation agrees to furnish any information whichmay be requested by the International Court ofJustice in pursuance of Article 34 of the Statuteof the Court.

2. The General Assembly of the United Na-tions authorizes the International Civil Avia-tion Organization to request advisory opinionsof the International Court of Justice on legalquestions arising within the scope of its activi-ties other than questions concerning the mutualrelationships of the International Civil Avia-tion Organization and the United Nations orother specialized agencies.

3. Such request may be addressed to theCourt by the Assembly or the Council of theInternational Civil Aviation Organization.

4. When requesting the International Courtof Justice to give an advisory opinion, theInternational Civil Aviation Organization shallinform the Economic and Social Council of therequest.

ARTICLE XI

Headquarters and regional offices1. The International Civil Aviation Organi-

zation, having regard to the desirability of theheadquarters of specialized agencies being situ-


ated at the permanent seat of the United Na-tions and to the advantages that flow from suchcentralization, agrees to consult the UnitedNations before making any further decisionconcerning the location of its permanent head-quarters.

2. Having due regard to the special needsof international civil aviation, any regional orbranch offices which the International CivilAviation Organization may establish shall, sofar as practicable, be closely associated withsuch regional or branch offices as the UnitedNations may establish.

ARTICLE XII

Personnel arrangements1. The United Nations and the International

Civil Aviation Organization recognize that theeventual development of a single unified inter-national civil service is desirable from thestandpoint of effective administrative co-ordi-nation, and with this end in view agree to de-velop common personnel standards, methodsand arrangements designed to avoid unjustifieddifferences in terms and conditions of employ-ment, to avoid competition in recruitment ofpersonnel, and to facilitate interchange of per-sonnel in order to obtain the maximum benefitfrom their services.

2. The United Nations and the InternationalCivil Aviation Organization agree to co-operateto the fullest extent possible in achieving theseends and in particular they agree to :

(a) consult together concerning the estab-lishment of an International Civil ServiceCommission to advise on the means by whichcommon standards of recruitment in the sec-retariats of the United Nations and of thespecialized agencies may be ensured;(b) consult together concerning other mat-ters relating to the employment of their offi-cers and staff, including conditions of service,duration of appointments, classification, sal-ary scales and allowances, retirement andpension rights and staff regulations and ruleswith a view to securing as much uniformityin these matters as shall be found practic-able;(c) co-operate in the interchange of person-nel, when desirable, on a temporary or apermanent basis, making due provision forthe retention of seniority and pension rights;(d) co-operate in the establishment andoperations of suitable machinery for thesettlement of disputes arising in connectionwith the employment of personnel and relatedmatters.

ARTICLE XIII

Statistical services1. The United Nations and the International

Civil Aviation Organization agree to strive formaximum co-operation, the elimination of allundesirable duplication between them, and

most efficient use of their technical personnelin their respective collection, analysis, publica-tion, standardization, improvement and dissem-ination of statistical information. They agreeto combine their efforts to secure the greatestpossible usefulness and utilization of statisticalinformation and to minimize the burdens placedupon national governments and other organiza-tions from which such information may becollected.

2. The International Civil Aviation Organ-ization recognizes the United Nations as thecentral agency for the collection, analysis, pub-lication, standardization, improvement anddissemination of statistics serving the generalpurposes of international organizations.

3. The United Nations recognizes the Inter-national Civil Aviation Organization as thecentral agency responsible for the collection,analysis, publication, standardization, improve-ment and dissemination of statistics within itsspecial sphere, without prejudice to the rightsof the United Nations to concern itself with suchstatistics so far as they may be essential for itsown purposes or for the improvement of sta-tistics throughout the world.

4. The United Nations shall, in consultationwith the International Civil Aviation Organiza-tion and with the other specialized agencieswhere appropriate, develop administrative in-struments and procedures through which effec-tive statistical co-operation may be securedbetween the United Nations and the agenciesbrought into relationship with it.

5. It is recognized as desirable that the col-lection of statistical information shall not beduplicated by the United Nations or any of itsspecialized agencies whenever it is practicablefor any of them to utilize information or mate-rial which another may have available.

6. In order to build up a central collection ofstatistical information for general use, it isagreed that data supplied to the InternationalCivil Aviation Organization for incorporationin its basic statistical series or special reportsshould so far as practicable be made availableto the United Nations,

7. It is agreed that data supplied to theUnited Nations for incorporation in its basicstatistical series or special reports should sofar as practicable and appropriate be madeavailable to the International Civil AviationOrganization.

ARTICLE XIV

Administrative and technical services1. The United Nations and the International

Civil Aviation Organization recognize the desir-ability, in the interest of administrative andtechnical uniformity and of the most efficientuse of personnel and resources, of avoidingwhenever possible the establishment and opera-tion of competitive or overlapping facilities and


services among the United Nations and thespecialized agencies.

2. Accordingly, the United Nations and theInternational Civil Aviation Organization agreeto consult together concerning the establish-ment and use of common administrative andtechnical services and facilities in addition tothose referred to in articles XII, XIII and XV,in so far as the establishment and use of suchservices may from time to time be found prac-ticable and appropriate.

3. Arrangements shall be made between theUnited Nations and the International CivilAviation Organization in regard to the registra-tion and deposit of official documents.

ARTICLE XV

Budgetary and financial arrangements1. The International Civil Aviation Organ-

ization recognizes the desirability of establish-ing close budgetary and financial relationshipswith the United Nations in order that the ad-ministrative operations of the United Nationsand of the specialized agencies shall be carriedout in the most efficient and economical mannerpossible, and that the maximum measure of co-ordination and uniformity with respect to theseoperations shall be secured.

2. The United Nations and the InternationalCivil Aviation Organization agree to co-operateto the fullest extent possible in achieving theseends and to consult together concerning thedesirability of making appropriate arrange-ments for the inclusion of the budget of theOrganization within a general budget of theUnited Nations. Any such arrangements whichmay be made shall be defined in a supplementaryagreement between the two organizations.

3. The Secretary-General of the United Na-tions and the appropriate officer of the Interna-tional Civil Aviation Organization shall arrangefor consultation in connection with the prepara-tion of the budget.

4. The International Civil Aviation Organi-zation agrees to transmit its proposed budget tothe United Nations annually at the same timeas such budget is transmitted to its members.The General Assembly shall examine the admin-istrative budget or proposed budget of the Or-ganization and may make such recommenda-tions as it may consider necessary.

5. Representatives of the International CivilAviation Organization shall be entitled to par-ticipate, without vote, in the deliberations of theGeneral Assembly or any committee thereof atall times when the budget of the Organizationor general administrative or financial questionsaffecting the Organization are under considera-tion.

6. The United Nations may undertake thecollection of contributions from those membersof the International Civil Aviation Organiza-tion which are also Members of the United Na-

tions in accordance with such arrangements asmay be defined by a later agreement between theUnited Nations and the Organization.

7. The United Nations shall, upon its owninitiative or upon the request of the Interna-tional Civil Aviation Organization, arrange forstudies to be undertaken concerning other finan-cial and fiscal questions of interest to the Organ-ization and to other specialized agencies with aview to the provision of common services andthe securing of uniformity in such matters.

8. The International Civil Aviation Organi-zation agrees to conform as far as may be prac-ticable to standard practices and forms recom-mended by the United Nations.

ARTICLE XVI

Financing of special services1. In the event of the International Civil Avi-

ation Organization's being faced with the neces-sity of incurring substantial extra expense asa result of any request which the United Nationsmay make for special reports, studies or assist-ance in accordance with articles VI, VII, VIII,or with other provisions of this agreement, con-sultation shall take place with a view to deter-mining the most equitable manner in whichsuch expense shall be borne.

2. Consultation between the United Nationsand the International Civil Aviation Organiza-tion shall similarly take place with a view tomaking such arrangements as may be foundequitable for covering the cost of central admin-istrative, technical or fiscal services or facilitiesor other special assistance provided by theUnited Nations.

ARTICLE XVII

Inter-agency agreementsThe International Civil Aviation Organiza-

tion agrees to inform the Economic and SocialCouncil of the nature and scope of any formalagreement between the Organization and anyother specialized agency, inter-governmentalorganization or non-governmental organizationand to inform the Economic and Social Councilbefore any such agreement is concluded.

ARTICLE XVIII

Liaison1. The United Nations and the International

Civil Aviation Organization agree to the fore-going provisions in the belief that they will con-tribute to the maintenance of effective liaisonbetween the two organizations. They affirmtheir intention of taking whatever further mea-sure may be necessary to make this liaison fullyeffective.

2. The liaison arrangements provided for inthe foregoing Articles of this Agreement shallapply as far as appropriate to the relations be-tween such branch or regional offices as may be


established by the two organizations as well asbetween their headquarters.

ARTICLE XIX

Implementation of the AgreementThe Secretary-General of the United Nations

and the appropriate officer of the InternationalCivil Aviation Organization may enter into suchsupplementary arrangements for the implemen-tation of this Agreement as may be found desir-able in the light of the operating experience ofthe two organizations.

ARTICLE XX

Other arrangementsThe present agreement shall not preclude the

conclusion of further appropriate arrangementsbetween the International Civil Aviation Or-

ganization and the United Nations with respectto air matters within the competence of theOrganization directly affecting world securityas contemplated in the Convention on Interna-tional Civil Aviation.

ARTICLE XXI

RevisionThis agreement shall be subject to revision

by agreement between the United Nations andthe International Civil Aviation Organization.

ARTICLE XXII

Entry into forceThis agreement shall come into force on its

approval by the General Assembly of the UnitedNations and the Assembly of the InternationalCivil Aviation Organization.