Convention onInternational Civil Aviation

Doc 7300/8

Convenio sobreAviación Civil Internacional

Convention relative àl’aviation civile internationale

International Civil Aviation OrganizationOrganisation de l�aviation civile internationaleOrganización de Aviación Civil InternacionalМеждународная организация гражданской авиации

Eighth Edition � Huitième édition � Octava edición � � 2000Издание восьмое

This document supersedes Doc 7300/7.Le présent document annule et remplace le Doc 7300/7.Este documento remplaza el Doc 7300/7.Настоящий документ заменяет Doc 7300/7.

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FOREWORD

This document contains the text of the Convention onInternational Civil Aviation, signed at Chicago on 7 December1944 (hereinafter referred to as the “Convention”), in theEnglish, French, Russian and Spanish languages. Each of thesetexts is equally authentic. The English text is the text adoptedand signed at Chicago on 7 December 1944, amended as indi-cated below. The French and Spanish texts are the textsadopted by and annexed to the Protocol on the AuthenticTrilingual Text of the Convention, signed at Buenos Aires on24 September 1968 (hereinafter referred to as the “BuenosAires Protocol”), amended as indicated below. The text of theBuenos Aires Protocol is reproduced in this document atpages 45 to 47. The Russian text is the text adopted by andannexed to the Protocol on the Authentic Quadrilingual Text ofthe Convention, signed at Montreal on 30 September 1977(hereinafter referred to as the “Protocol on the AuthenticQuadrilingual Text”). This Protocol came into force on16 September 1999. The text of the Protocol on the AuthenticQuadrilingual Text is reproduced in this document at pages 48to 51.

In the body of the above-mentioned texts of the Convention,in English, French, Russian and Spanish, as presented in thisdocument, are incorporated all the amendments made to theConvention which were in force on 1 January 2000, namely inrespect of:

a) Article 3 bis (non-use of weapons against civilaircraft);

b) Article 45 (permanent seat of the Organization);c) Article 48 a) (frequency of Assembly Sessions);d) Article 49 e) (powers of Assembly relating to

annual budgets);e) Article 50 a) (composition and election of

Council);f) Article 56 (membership of Air Navigation Com-

mission);g) Article 61 (budget and apportionment of

expenses);h) Article 83 bis (transfer of certain functions and

duties in cases of lease, charter or interchange of aircraft);i) Article 93 bis (expulsion from the International

Civil Aviation Organization or suspension of membershipin it); and

j) the final paragraph, adding Russian to theauthentic texts of the Convention.

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Attention is invited to the footnotes to the above-mentionedamendments.

Further amendments to the Convention have been adoptedbut have not been incorporated in this document as they havenot yet entered into force, namely in respect of:

a) Article 56 (increase of Air Navigation Commissionfrom 15 to 19 members), adopted by the 27th Session of theAssembly;

b) Article 50 a) (increase of Council from 33 to 36members), adopted by the 28th Session of the Assembly;

c) the final paragraph of the Convention, addingArabic to the authentic texts of the Convention, adopted bythe 31st Session of the Assembly; and

d) the final paragraph of the Convention, addingChinese to the authentic texts of the Convention, adopted bythe 32nd Session of the Assembly.

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TABLE OF CONTENTS

CONVENTION ON INTERNATIONAL CIVIL AVIATION (Chicago, 7 December 1944) . . . . . 1

PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

PART I. — AIR NAVIGATION . . . . . . . . . . . . . . . . . . . . . . . . 2

CHAPTER I. — General principles and application of the Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

CHAPTER II. — Flight over territory ofcontracting States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

CHAPTER III. — Nationality of aircraft . . . . . . . . . . . . . 9

CHAPTER IV. — Measures to facilitate air navigation . . 10

CHAPTER V. — Conditions to be fulfilled with respectto aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

CHAPTER VI. — International standards andrecommended practices . . . . . . . . . . . . . . . . . . . . . . . . . 16

PART II. — THE INTERNATIONAL CIVIL AVIATIONORGANIZATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

CHAPTER VII. — The Organization . . . . . . . . . . . . . . . . 20

CHAPTER VIII. — The Assembly . . . . . . . . . . . . . . . . . . 22

CHAPTER IX. — The Council . . . . . . . . . . . . . . . . . . . . . 24

CHAPTER X. — The Air Navigation Commission . . . . . 28

CHAPTER XI. — Personnel . . . . . . . . . . . . . . . . . . . . . . . 29

CHAPTER XII. — Finance . . . . . . . . . . . . . . . . . . . . . . . . 30

CHAPTER XIII. — Other international arrangements . . . 31

PART III. — INTERNATIONAL AIR TRANSPORT . . . . . . . . . 32

CHAPTER XIV. — Information and reports . . . . . . . . . . 32

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CHAPTER XV. — Airports and other air navigationfacilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

CHAPTER XVI. — Joint operating organizations andpooled services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

PART IV. — FINAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . 36

CHAPTER XVII. — Other aeronautical agreements andarrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

CHAPTER XVIII. — Disputes and default . . . . . . . . . . . . 38

CHAPTER XIX. — War . . . . . . . . . . . . . . . . . . . . . . . . . . 40

CHAPTER XX. — Annexes . . . . . . . . . . . . . . . . . . . . . . . 40

CHAPTER XXI. — Ratifications, adherences,amendments, and denunciations . . . . . . . . . . . . . . . . . . . 40

CHAPTER XXII. — Definitions . . . . . . . . . . . . . . . . . . . . 43

SIGNATURE OF CONVENTION . . . . . . . . . . . . . . . . . . . . . . . 44

PROTOCOL ON THE AUTHENTICTRILINGUAL TEXT OF THE CONVENTIONON INTERNATIONAL CIVIL AVIATION(Buenos Aires, 24 September 1968) . . . . . . . . . . . . . . . . . 45

PROTOCOL ON THE AUTHENTICQUADRILINGUAL TEXT OF THE CONVENTIONON INTERNATIONAL CIVIL AVIATION(Montreal, 30 September 1977) . . . . . . . . . . . . . . . . . . . . 48

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C O N V E N T I O N1

ON INTERNATIONALCIVIL AVIATION

Signed at Chicago,on 7 December 1944

PREAMBLE

WHEREAS the future development of international civilaviation can greatly help to create and preserve friendship andunderstanding among the nations and peoples of the world, yetits abuse can become a threat to the general security; and

WHEREAS it is desirable to avoid friction and to promotethat cooperation between nations and peoples upon which thepeace of the world depends;

THEREFORE, the undersigned governments having agreed oncertain principles and arrangements in order that internationalcivil aviation may be developed in a safe and orderly mannerand that international air transport services may be establishedon the basis of equality of opportunity and operated soundlyand economically;

Have accordingly concluded this Convention to that end.

1. Came into force on 4 April 1947, the thirtieth day after deposit withthe Government of the United States of America of the twenty-sixthinstrument of ratification thereof or notification of adherence thereto,in accordance with Article 91 b).

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PART I

AIR NAVIGATION

CHAPTER I

GENERAL PRINCIPLESAND APPLICATION OF THE CONVENTION

Article 1

Sovereignty

The contracting States recognize that every State hascomplete and exclusive sovereignty over the airspace above itsterritory.

Article 2

Territory

For the purposes of this Convention the territory of a Stateshall be deemed to be the land areas and territorial watersadjacent thereto under the sovereignty, suzerainty, protectionor mandate of such State.

Article 3

Civil and state aircraft

a) This Convention shall be applicable only to civilaircraft, and shall not be applicable to state aircraft.

b) Aircraft used in military, customs and police servicesshall be deemed to be state aircraft.

c) No state aircraft of a contracting State shall fly over theterritory of another State or land thereon without authorizationby special agreement or otherwise, and in accordance with theterms thereof.

* On 10 May 1984 the Assembly amended the Chicago Convention byadopting the Protocol introducing Article 3 bis. Under Article 94 a)of the Convention, the amendment came into force on 1 October1998 in respect of States which have ratified it.

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d) The contracting States undertake, when issuingregulations for their state aircraft, that they will have dueregard for the safety of navigation of civil aircraft.

Article 3 bis*

a) The contracting States recognize that every State mustrefrain from resorting to the use of weapons against civilaircraft in flight and that, in case of interception, the lives ofpersons on board and the safety of aircraft must not beendangered. This provision shall not be interpreted as modify-ing in any way the rights and obligations of States set forth inthe Charter of the United Nations.

b) The contracting States recognize that every State, in theexercise of its sovereignty, is entitled to require the landing atsome designated airport of a civil aircraft flying above itsterritory without authority or if there are reasonable grounds toconclude that it is being used for any purpose inconsistent withthe aims of this Convention; it may also give such aircraft anyother instructions to put an end to such violations. For thispurpose, the contracting States may resort to any appropriatemeans consistent with relevant rules of international law,including the relevant provisions of this Convention, specifi-cally paragraph a) of this Article. Each contracting State agreesto publish its regulations in force regarding the interception ofcivil aircraft.

c) Every civil aircraft shall comply with an order given inconformity with paragraph b) of this Article. To this end eachcontracting State shall establish all necessary provisions in itsnational laws or regulations to make such compliancemandatory for any civil aircraft registered in that State oroperated by an operator who has his principal place of businessor permanent residence in that State. Each contracting Stateshall make any violation of such applicable laws or regulationspunishable by severe penalties and shall submit the case to itscompetent authorities in accordance with its laws orregulations.

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d) Each contracting State shall take appropriate measuresto prohibit the deliberate use of any civil aircraft registered inthat State or operated by an operator who has his principalplace of business or permanent residence in that State for anypurpose inconsistent with the aims of this Convention. Thisprovision shall not affect paragraph a) or derogate fromparagraphs b) and c) of this Article.

Article 4

Misuse of civil aviation

Each contracting State agrees not to use civil aviation forany purpose inconsistent with the aims of this Convention.

CHAPTER II

FLIGHT OVER TERRITORY OFCONTRACTING STATES

Article 5

Right of non-scheduled flight

Each contracting State agrees that all aircraft of the othercontracting States, being aircraft not engaged in scheduledinternational air services shall have the right, subject to theobservance of the terms of this Convention, to make flightsinto or in transit non-stop across its territory and to make stopsfor non-traffic purposes without the necessity of obtaining priorpermission, and subject to the right of the State flown over torequire landing. Each contracting State nevertheless reservesthe right, for reasons of safety of flight, to require aircraftdesiring to proceed over regions which are inaccessible orwithout adequate air navigation facilities to follow prescribedroutes, or to obtain special permission for such flights.

Such aircraft, if engaged in the carriage of passengers,cargo, or mail for remuneration or hire on other than scheduledinternational air services, shall also, subject to the provisionsof Article 7, have the privilege of taking on or dischargingpassengers, cargo, or mail, subject to the right of any Statewhere such embarkation or discharge takes place to imposesuch regulations, conditions or limitations as it may considerdesirable.

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Article 6

Scheduled air services

No scheduled international air service may be operated overor into the territory of a contracting State, except with thespecial permission or other authorization of that State, and inaccordance with the terms of such permission or authorization.

Article 7

Cabotage

Each contracting State shall have the right to refusepermission to the aircraft of other contracting States to take onin its territory passengers, mail and cargo carried for remuner-ation or hire and destined for another point within its territory.Each contracting State undertakes not to enter into any arrange-ments which specifically grant any such privilege on anexclusive basis to any other State or an airline of any otherState, and not to obtain any such exclusive privilege from anyother State.

Article 8

Pilotless aircraft

No aircraft capable of being flown without a pilot shall beflown without a pilot over the territory of a contracting Statewithout special authorization by that State and in accordancewith the terms of such authorization. Each contracting Stateundertakes to insure that the flight of such aircraft without apilot in regions open to civil aircraft shall be so controlled asto obviate danger to civil aircraft.

Article 9

Prohibited areas

a) Each contracting State may, for reasons of militarynecessity or public safety, restrict or prohibit uniformly theaircraft of other States from flying over certain areas of itsterritory, provided that no distinction in this respect is madebetween the aircraft of the State whose territory is involved,engaged in international scheduled airline services, and theaircraft of the other contracting States likewise engaged. Such

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prohibited areas shall be of reasonable extent and location soas not to interfere unnecessarily with air navigation. Descrip-tions of such prohibited areas in the territory of a contractingState, as well as any subsequent alterations therein, shall becommunicated as soon as possible to the other contractingStates and to the International Civil Aviation Organization.

b) Each contracting State reserves also the right, inexceptional circumstances or during a period of emergency, orin the interest of public safety, and with immediate effect,temporarily to restrict or prohibit flying over the whole or anypart of its territory, on condition that such restriction or prohib-ition shall be applicable without distinction of nationality toaircraft of all other States.

c) Each contracting State, under such regulations as it mayprescribe, may require any aircraft entering the areas contem-plated in subparagraphs a) or b) above to effect a landing assoon as practicable thereafter at some designated airport withinits territory.

Article 10

Landing at customs airport

Except in a case where, under the terms of this Conventionor a special authorization, aircraft are permitted to cross theterritory of a contracting State without landing, every aircraftwhich enters the territory of a contracting State shall, if theregulations of that State so require, land at an airport desig-nated by that State for the purpose of customs and otherexamination. On departure from the territory of a contractingState, such aircraft shall depart from a similarly designatedcustoms airport. Particulars of all designated customs airportsshall be published by the State and transmitted to the Inter-national Civil Aviation Organization established under Part IIof this Convention for communication to all other contractingStates.

Article 11

Applicability of air regulations

Subject to the provisions of this Convention, the laws andregulations of a contracting State relating to the admission to

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or departure from its territory of aircraft engaged in inter-national air navigation, or to the operation and navigation ofsuch aircraft while within its territory, shall be applied to theaircraft of all contracting States without distinction as tonationality, and shall be complied with by such aircraft uponentering or departing from or while within the territory of thatState.

Article 12

Rules of the air

Each contracting State undertakes to adopt measures toinsure that every aircraft flying over or maneuvering within itsterritory and that every aircraft carrying its nationality mark,wherever such aircraft may be, shall comply with the rules andregulations relating to the flight and maneuver of aircraft therein force. Each contracting State undertakes to keep its ownregulations in these respects uniform, to the greatest possibleextent, with those established from time to time under thisConvention. Over the high seas, the rules in force shall be thoseestablished under this Convention. Each contracting Stateundertakes to insure the prosecution of all persons violating theregulations applicable.

Article 13

Entry and clearance regulations

The laws and regulations of a contracting State as to theadmission to or departure from its territory of passengers, crewor cargo of aircraft, such as regulations relating to entry,clearance, immigration, passports, customs, and quarantineshall be complied with by or on behalf of such passengers,crew or cargo upon entrance into or departure from, or whilewithin the territory of that State.

Article 14

Prevention of spread of disease

Each contracting State agrees to take effective measures toprevent the spread by means of air navigation of cholera,typhus (epidemic), smallpox, yellow fever, plague, and suchother communicable diseases as the contracting States shall

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from time to time decide to designate, and to that endcontracting States will keep in close consultation with theagencies concerned with international regulations relating tosanitary measures applicable to aircraft. Such consultation shallbe without prejudice to the application of any existing inter-national convention on this subject to which the contractingStates may be parties.

Article 15

Airport and similar charges

Every airport in a contracting State which is open to publicuse by its national aircraft shall likewise, subject to theprovisions of Article 68, be open under uniform conditions tothe aircraft of all the other contracting States. The like uniformconditions shall apply to the use, by aircraft of everycontracting State, of all air navigation facilities, including radioand meteorological services, which may be provided for publicuse for the safety and expedition of air navigation.

Any charges that may be imposed or permitted to beimposed by a contracting State for the use of such airports andair navigation facilities by the aircraft of any other contractingState shall not be higher,

a) As to aircraft not engaged in scheduledinternational air services, than those that would be paid byits national aircraft of the same class engaged in similaroperations, and

b) As to aircraft engaged in scheduled internationalair services, than those that would be paid by its nationalaircraft engaged in similar international air services.

All such charges shall be published and communicated to theInternational Civil Aviation Organization, provided that, uponrepresentation by an interested contracting State, the chargesimposed for the use of airports and other facilities shall besubject to review by the Council, which shall report and makerecommendations thereon for the consideration of the State orStates concerned. No fees, dues or other charges shall be

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imposed by any contracting State in respect solely of the rightof transit over or entry into or exit from its territory of anyaircraft of a contracting State or persons or property thereon.

Article 16

Search of aircraft

The appropriate authorities of each of the contracting Statesshall have the right, without unreasonable delay, to searchaircraft of the other contracting States on landing or departure,and to inspect the certificates and other documents prescribedby this Convention.

CHAPTER III

NATIONALITY OF AIRCRAFT

Article 17

Nationality of aircraft

Aircraft have the nationality of the State in which they areregistered.

Article 18

Dual registration

An aircraft cannot be validly registered in more than oneState, but its registration may be changed from one State toanother.

Article 19

National laws governing registration

The registration or transfer of registration of aircraft in anycontracting State shall be made in accordance with its laws andregulations.

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Article 20

Display of marks

Every aircraft engaged in international air navigation shallbear its appropriate nationality and registration marks.

Article 21

Report of registrations

Each contracting State undertakes to supply to any othercontracting State or to the International Civil Aviation Organiz-ation, on demand, information concerning the registration andownership of any particular aircraft registered in that State. Inaddition, each contracting State shall furnish reports to theInternational Civil Aviation Organization, under such regu-lations as the latter may prescribe, giving such pertinent data ascan be made available concerning the ownership and control ofaircraft registered in that State and habitually engaged ininternational air navigation. The data thus obtained by theInternational Civil Aviation Organization shall be madeavailable by it on request to the other contracting States.

CHAPTER IV

MEASURES TO FACILITATEAIR NAVIGATION

Article 22

Facilitation of formalities

Each contracting State agrees to adopt all practicablemeasures, through the issuance of special regulations orotherwise, to facilitate and expedite navigation by aircraftbetween the territories of contracting States, and to preventunnecessary delays to aircraft, crews, passengers and cargo,especially in the administration of the laws relating toimmigration, quarantine, customs and clearance.

Article 23

Customs and immigration procedures

Each contracting State undertakes, so far as it may findpracticable, to establish customs and immigration procedures

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affecting international air navigation in accordance with thepractices which may be established or recommended from timeto time, pursuant to this Convention. Nothing in this Conven-tion shall be construed as preventing the establishment ofcustoms-free airports.

Article 24

Customs duty

a) Aircraft on a flight to, from, or across the territory ofanother contracting State shall be admitted temporarily free ofduty, subject to the customs regulations of the State. Fuel,lubricating oils, spare parts, regular equipment and aircraftstores on board an aircraft of a contracting State, on arrival inthe territory of another contracting State and retained on boardon leaving the territory of that State shall be exempt fromcustoms duty, inspection fees or similar national or local dutiesand charges. This exemption shall not apply to any quantitiesor articles unloaded, except in accordance with the customsregulations of the State, which may require that they shall bekept under customs supervision.

b) Spare parts and equipment imported into the territoryof a contracting State for incorporation in or use on an aircraftof another contracting State engaged in international air navi-gation shall be admitted free of customs duty, subject tocompliance with the regulations of the State concerned, whichmay provide that the articles shall be kept under customssupervision and control.

Article 25

Aircraft in distress

Each contracting State undertakes to provide such measuresof assistance to aircraft in distress in its territory as it may findpracticable, and to permit, subject to control by its ownauthorities, the owners of the aircraft or authorities of the Statein which the aircraft is registered to provide such measures ofassistance as may be necessitated by the circumstances. Eachcontracting State, when undertaking search for missing aircraft,will collaborate in coordinated measures which may berecommended from time to time pursuant to this Convention.

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Article 26

Investigation of accidents

In the event of an accident to an aircraft of a contractingState occurring in the territory of another contracting State, andinvolving death or serious injury, or indicating serious tech-nical defect in the aircraft or air navigation facilities, the Statein which the accident occurs will institute an inquiry into thecircumstances of the accident, in accordance, so far as its lawspermit, with the procedure which may be recommended by theInternational Civil Aviation Organization. The State in whichthe aircraft is registered shall be given the opportunity toappoint observers to be present at the inquiry and the Stateholding the inquiry shall communicate the report and findingsin the matter to that State.

Article 27

Exemption from seizure on patent claims

a) While engaged in international air navigation, anyauthorized entry of aircraft of a contracting State into theterritory of another contracting State or authorized transitacross the territory of such State with or without landings shallnot entail any seizure or detention of the aircraft or any claimagainst the owner or operator thereof or any other interferencetherewith by or on behalf of such State or any person therein,on the ground that the construction, mechanism, parts, access-ories or operation of the aircraft is an infringement of anypatent, design, or model duly granted or registered in the Statewhose territory is entered by the aircraft, it being agreed that nodeposit of security in connection with the foregoing exemptionfrom seizure or detention of the aircraft shall in any case berequired in the State entered by such aircraft.

b) The provisions of paragraph a) of this Article shall alsobe applicable to the storage of spare parts and spare equipmentfor the aircraft and the right to use and install the same in therepair of an aircraft of a contracting State in the territory of anyother contracting State, provided that any patented part orequipment so stored shall not be sold or distributed internally

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in or exported commercially from the contracting State enteredby the aircraft.

c) The benefits of this Article shall apply only to suchStates, parties to this Convention, as either 1) are parties to theInternational Convention for the Protection of IndustrialProperty and to any amendments thereof; or 2) have enactedpatent laws which recognize and give adequate protection toinventions made by the nationals of the other States parties tothis Convention.

Article 28

Air navigation facilities andstandard systems

Each contracting State undertakes, so far as it may findpracticable, to:

a) Provide, in its territory, airports, radio services,meteorological services and other air navigation facilities tofacilitate international air navigation, in accordance with thestandards and practices recommended or established fromtime to time, pursuant to this Convention;

b) Adopt and put into operation the appropriatestandard systems of communications procedure, codes,markings, signals, lighting and other operational practicesand rules which may be recommended or established fromtime to time, pursuant to this Convention;

c) Collaborate in international measures to secure thepublication of aeronautical maps and charts in accordancewith standards which may be recommended or establishedfrom time to time, pursuant to this Convention.

CHAPTER V

CONDITIONS TO BE FULFILLEDWITH RESPECT TO AIRCRAFT

Article 29

Documents carried in aircraft

Every aircraft of a contracting State, engaged in inter-national navigation, shall carry the following documents

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in conformity with the conditions prescribed in thisConvention:

a) Its certificate of registration;

b) Its certificate of airworthiness;

c) The appropriate licenses for each member of thecrew;

d) Its journey log book;

e) If it is equipped with radio apparatus, the aircraftradio station license;

f) If it carries passengers, a list of their names andplaces of embarkation and destination;

g) If it carries cargo, a manifest and detaileddeclarations of the cargo.

Article 30

Aircraft radio equipment

a) Aircraft of each contracting State may, in or over theterritory of other contracting States, carry radio transmittingapparatus only if a license to install and operate such apparatushas been issued by the appropriate authorities of the State inwhich the aircraft is registered. The use of radio transmittingapparatus in the territory of the contracting State whoseterritory is flown over shall be in accordance with theregulations prescribed by that State.

b) Radio transmitting apparatus may be used only bymembers of the flight crew who are provided with a speciallicense for the purpose, issued by the appropriate authorities ofthe State in which the aircraft is registered.

Article 31

Certificates of airworthiness

Every aircraft engaged in international navigation shall beprovided with a certificate of airworthiness issued or renderedvalid by the State in which it is registered.

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Article 32

Licenses of personnel

a) The pilot of every aircraft and the other members of theoperating crew of every aircraft engaged in international navi-gation shall be provided with certificates of competency andlicenses issued or rendered valid by the State in which theaircraft is registered.

b) Each contracting State reserves the right to refuse torecognize, for the purpose of flight above its own territory,certificates of competency and licenses granted to any of itsnationals by another contracting State.

Article 33

Recognition of certificates and licenses

Certificates of airworthiness and certificates of competencyand licenses issued or rendered valid by the contracting Statein which the aircraft is registered, shall be recognized as validby the other contracting States, provided that the requirementsunder which such certificates or licences were issued orrendered valid are equal to or above the minimum standardswhich may be established from time to time pursuant to thisConvention.

Article 34

Journey log books

There shall be maintained in respect of every aircraftengaged in international navigation a journey log book inwhich shall be entered particulars of the aircraft, its crew andof each journey, in such form as may be prescribed from timeto time pursuant to this Convention.

Article 35

Cargo restrictions

a) No munitions of war or implements of war may becarried in or above the territory of a State in aircraft engaged ininternational navigation, except by permission of such State.Each State shall determine by regulations what constitutes

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munitions of war or implements of war for the purposes of thisArticle, giving due consideration, for the purposes of uni-formity, to such recommendations as the International CivilAviation Organization may from time to time make.

b) Each contracting State reserves the right, for reasons ofpublic order and safety, to regulate or prohibit the carriage inor above its territory of articles other than those enumerated inparagraph a): provided that no distinction is made in thisrespect between its national aircraft engaged in internationalnavigation and the aircraft of the other States so engaged; andprovided further that no restriction shall be imposed which mayinterfere with the carriage and use on aircraft of apparatusnecessary for the operation or navigation of the aircraft or thesafety of the personnel or passengers.

Article 36

Photographic apparatus

Each contracting State may prohibit or regulate the use ofphotographic apparatus in aircraft over its territory.

CHAPTER VI

INTERNATIONAL STANDARDS ANDRECOMMENDED PRACTICES

Article 37

Adoption of international standardsand procedures

Each contracting State undertakes to collaborate in securingthe highest practicable degree of uniformity in regulations,standards, procedures, and organization in relation to aircraft,personnel, airways and auxiliary services in all matters inwhich such uniformity will facilitate and improve airnavigation.

To this end the International Civil Aviation Organizationshall adopt and amend from time to time, as may be necessary,

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international standards and recommended practices andprocedures dealing with:

a) Communications systems and air navigation aids,including ground marking;

b) Characteristics of airports and landing areas;

c) Rules of the air and air traffic control practices;

d) Licensing of operating and mechanical personnel;

e) Airworthiness of aircraft;

f) Registration and identification of aircraft;

g) Collection and exchange of meteorologicalinformation;

h) Log books;

i) Aeronautical maps and charts;

j) Customs and immigration procedures;

k) Aircraft in distress and investigation of accidents;

and such other matters concerned with the safety, regularity,and efficiency of air navigation as may from time to timeappear appropriate.

Article 38

Departures from international standardsand procedures

Any State which finds it impracticable to comply in allrespects with any such international standard or procedure, orto bring its own regulations or practices into full accord withany international standard or procedure after amendment of thelatter, or which deems it necessary to adopt regulations orpractices differing in any particular respect from thoseestablished by an international standard, shall give immediatenotification to the International Civil Aviation Organization ofthe differences between its own practice and that established bythe international standard. In the case of amendments tointernational standards, any State which does not make theappropriate amendments to its own regulations or practicesshall give notice to the Council within sixty days of theadoption of the amendment to the international standard, or

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indicate the action which it proposes to take. In any such case,the Council shall make immediate notification to all otherstates of the difference which exists between one or morefeatures of an international standard and the correspondingnational practice of that State.

Article 39

Endorsement of certificates and licenses

a) Any aircraft or part thereof with respect to which thereexists an international standard of airworthiness or perform-ance, and which failed in any respect to satisfy that standard atthe time of its certification, shall have endorsed on or attachedto its airworthiness certificate a complete enumeration of thedetails in respect of which it so failed.

b) Any person holding a license who does not satisfy infull the conditions laid down in the international standardrelating to the class of license or certificate which he holdsshall have endorsed on or attached to his license a completeenumeration of the particulars in which he does not satisfy suchconditions.

Article 40

Validity of endorsed certificates and licenses

No aircraft or personnel having certificates or licenses soendorsed shall participate in international navigation, exceptwith the permission of the State or States whose territory isentered. The registration or use of any such aircraft, or of anycertificated aircraft part, in any State other than that in whichit was originally certificated shall be at the discretion of theState into which the aircraft or part is imported.

Article 41

Recognition of existing standardsof airworthiness

The provisions of this Chapter shall not apply to aircraft andaircraft equipment of types of which the prototype is submitted

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to the appropriate national authorities for certification prior toa date three years after the date of adoption of an internationalstandard of airworthiness for such equipment.

Article 42

Recognition of existing standardsof competency of personnel

The provisions of this Chapter shall not apply to personnelwhose licenses are originally issued prior to a date one yearafter initial adoption of an international standard of qualifi-cation for such personnel; but they shall in any case apply to allpersonnel whose licenses remain valid five years after the dateof adoption of such standard.

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PART II

THE INTERNATIONAL CIVILAVIATION ORGANIZATION

CHAPTER VII

THE ORGANIZATION

Article 43

Name and composition

An organization to be named the International CivilAviation Organization is formed by the Convention. It is madeup of an Assembly, a Council, and such other bodies as may benecessary.

Article 44

Objectives

The aims and objectives of the Organization are to developthe principles and techniques of international air navigationand to foster the planning and development of international airtransport so as to:

a) Insure the safe and orderly growth of internationalcivil aviation throughout the world;

b) Encourage the arts of aircraft design and operationfor peaceful purposes;

c) Encourage the development of airways, airports,and air navigation facilities for international civil aviation;

d) Meet the needs of the peoples of the world forsafe, regular, efficient and economical air transport;

e) Prevent economic waste caused by unreasonablecompetition;

f) Insure that the rights of contracting States are fullyrespected and that every contracting State has a fairopportunity to operate international airlines;

* This is the text of the Article as amended by the Eighth Session ofthe Assembly on 14 June 1954; it entered into force on 16 May 1958.Under Article 94 a) of the Convention, the amended text is in forcein respect of those States which have ratified the amendment. Inrespect of the States which have not ratified the amendment, theoriginal text is still in force and, therefore, that text is reproducedbelow:

“The permanent seat of the Organization shall be at such place asshall be determined at the final meeting of the Interim Assembly ofthe Provisional International Civil Aviation Organization set up bythe Interim Agreement on International Civil Aviation signed atChicago on December 7, 1944. The seat may be temporarilytransferred elsewhere by decision of the Council.”

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g) Avoid discrimination between contracting States;

h) Promote safety of flight in international airnavigation;

i) Promote generally the development of all aspectsof international civil aeronautics.

Article 45*

Permanent seat

The permanent seat of the Organization shall be at suchplace as shall be determined at the final meeting of the InterimAssembly of the Provisional International Civil AviationOrganization set up by the Interim Agreement on InternationalCivil Aviation signed at Chicago on December 7, 1944. Theseat may be temporarily transferred elsewhere by decision ofthe Council, and otherwise than temporarily by decision of theAssembly, such decision to be taken by the number of votesspecified by the Assembly. The number of votes so specifiedwill not be less than three-fifths of the total number ofcontracting States.

Article 46

First meeting of Assembly

The first meeting of the Assembly shall be summoned bythe Interim Council of the above-mentioned ProvisionalOrganization as soon as the Convention has come into force, tomeet at a time and place to be decided by the Interim Council.

* This is the text of the Article as amended by the 14th Session of theAssembly on 14 September 1962; it entered into force on11 September 1975. Under Article 94 a) of the Convention, theamended text is in force in respect of those States which have ratifiedthe amendment. The previous text of this Article as amended by the8th Session of the Assembly on 14 June 1954 and which entered intoforce on 12 December 1956 read as follows:

“a) The Assembly shall meet not less than once in three yearsand shall be convened by the Council at a suitable time and place.Extraordinary meetings of the Assembly may be held at any timeupon the call of the Council or at the request of any ten contractingStates addressed to the Secretary General.”

The original unamended text of the Convention read as follows:

“a) The Assembly shall meet annually and shall be convenedby the Council at a suitable time and place. Extraordinary meetingsof the Assembly may be held at any time upon the call of the Councilor at the request of any ten contracting States addressed to theSecretary General.”

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Article 47

Legal capacity

The Organization shall enjoy in the territory of eachcontracting State such legal capacity as may be necessary forthe performance of its functions. Full juridical personality shallbe granted wherever compatible with the constitution and lawsof the State concerned.

CHAPTER VIII

THE ASSEMBLY

Article 48

Meetings of Assembly and voting

a) The Assembly shall meet not less than once in threeyears and shall be convened by the Council at a suitable timeand place. An extraordinary meeting of the Assembly may beheld at any time upon the call of the Council or at the requestof not less than one-fifth of the total number of contractingStates addressed to the Secretary General.*

b) All contracting States shall have an equal right to berepresented at the meetings of the Assembly and each

* This is the text of the Article as amended by the Eighth Session ofthe Assembly on 14 June 1954; it entered into force on 12 December1956. Under Article 94 a) of the Convention, the amended text is inforce in respect of those States which have ratified the amendment.In respect of the States which have not ratified the amendment, theoriginal text is still in force and, therefore, that text is reproducedbelow:

“e) Vote an annual budget and determine the financialarrangements of the Organization, in accordance with the provisionsof Chapter XII;”.

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contracting State shall be entitled to one vote. Delegates rep-resenting contracting States may be assisted by technicaladvisers who may participate in the meetings but shall have novote.

c) A majority of the contracting States is required toconstitute a quorum for the meetings of the Assembly. Unlessotherwise provided in this Convention, decisions of theAssembly shall be taken by a majority of the votes cast.

Article 49

Powers and duties of Assembly

The powers and duties of the Assembly shall be to:

a) Elect at each meeting its President and otherofficers;

b) Elect the contracting States to be represented onthe Council, in accordance with the provisions ofChapter IX;

c) Examine and take appropriate action on the reportsof the Council and decide on any matter referred to it by theCouncil;

d) Determine its own rules of procedure and establishsuch subsidiary commissions as it may consider to benecessary or desirable;

e) Vote annual budgets and determine the financialarrangements of the Organization, in accordance with theprovisions of Chapter XII;*

f) Review expenditures and approve the accounts ofthe Organization;

g) Refer, at its discretion, to the Council, tosubsidiary commissions, or to any other body any matterwithin its sphere of action;

* This is the text of the Article as amended by the 21st Session of theAssembly on 14 October 1974; it entered into force on 15 February1980. The original text of the Convention provided for twenty-oneMembers of the Council. The text was subsequently amended at the13th (Extraordinary) Session of the Assembly on 19 June 1961; thatamendment entered into force on 17 July 1962 and provided fortwenty-seven Members of the Council; a further amendment wasapproved by the 17th(A) (Extraordinary) Session of the Assembly on12 March 1971 providing for thirty Members of the Council; thisamendment entered into force on 16 January 1973.

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h) Delegate to the Council the powers and authoritynecessary or desirable for the discharge of the duties of theOrganization and revoke or modify the delegations ofauthority at any time;

i) Carry out the appropriate provisions ofChapter XIII;

j) Consider proposals for the modification oramendment of the provisions of this Convention and, if itapproves of the proposals, recommend them to thecontracting States in accordance with the provisions ofChapter XXI;

k) Deal with any matter within the sphere of action ofthe Organization not specifically assigned to the Council.

CHAPTER IX

THE COUNCIL

Article 50

Composition and election of Council

a) The Council shall be a permanent body responsible tothe Assembly. It shall be composed of thirty-three contractingStates elected by the Assembly. An election shall be held at thefirst meeting of the Assembly and thereafter every three years,and the members of the Council so elected shall hold officeuntil the next following election.*

b) In electing the members of the Council, the Assemblyshall give adequate representation to 1) the States of chiefimportance in air transport; 2) the States not otherwise includedwhich make the largest contribution to the provision offacilities for international civil air navigation; and 3) the Statesnot otherwise included whose designation will insure that all

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the major geographic areas of the world are represented on theCouncil. Any vacancy on the Council shall be filled by theAssembly as soon as possible; any contracting State so electedto the Council shall hold office for the unexpired portion of itspredecessor’s term of office.

c) No representative of a contracting State on the Councilshall be actively associated with the operation of an inter-national air service or financially interested in such a service.

Article 51

President of Council

The Council shall elect its President for a term of threeyears. He may be reelected. He shall have no vote. The Councilshall elect from among its members one or more VicePresidents who shall retain their right to vote when serving asacting President. The President need not be selected fromamong the representatives of the members of the Council but,if a representative is elected, his seat shall be deemed vacantand it shall be filled by the State which he represented. Theduties of the President shall be to:

a) Convene meetings of the Council, the AirTransport Committee, and the Air Navigation Commission;

b) Serve as representative of the Council; and

c) Carry out on behalf of the Council the functionswhich the Council assigns to him.

Article 52

Voting in Council

Decisions by the Council shall require approval by amajority of its members. The Council may delegate authoritywith respect to any particular matter to a committee of itsmembers. Decisions of any committee of the Council may beappealed to the Council by any interested contracting State.

Article 53

Participation without a vote

Any contracting State may participate, without a vote, in theconsideration by the Council and by its committees andcommissions of any question which especially affects its

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interests. No member of the Council shall vote in theconsideration by the Council of a dispute to which it 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 Assembly anddischarge the duties and obligations which are laid on it bythis Convention;

c) Determine its organization and rules of procedure;

d) Appoint and define the duties of an Air TransportCommittee, which shall be chosen from among therepresentatives of the members of the Council, and whichshall be responsible to it;

e) Establish an Air Navigation Commission, inaccordance with the provisions of Chapter X;

f) Administer the finances of the Organization inaccordance with the provisions of Chapters XII and XV;

g) Determine the emoluments of the President of theCouncil;

h) Appoint a chief executive officer who shall becalled the Secretary General, and make provision for theappointment of such other personnel as may be necessary,in accordance with the provisions of Chapter XI;

i) Request, collect, examine and publish informationrelating to the advancement of air navigation and the oper-ation of international air services, including informationabout the costs of operation and particulars of subsidiespaid to airlines from public funds;

j) Report to contracting States any infraction ofthis Convention, as well as any failure to carry outrecommendations or determinations of the Council;

k) Report to the Assembly any infraction of thisConvention where a contracting State has failed to takeappropriate action within a reasonable time after notice ofthe infraction;

l) Adopt, in accordance with the provisions ofChapter VI of this Convention, international standards and

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recommended practices; for convenience, designate them asAnnexes to this Convention; and notify all contractingStates of the action taken;

m) Consider recommendations of the Air NavigationCommission for amendment of the Annexes and take actionin accordance with the provisions of Chapter XX;

n) Consider any matter relating to the Conventionwhich any contracting State refers to it.

Article 55

Permissive functions of Council

The Council may:

a) Where appropriate and as experience may show tobe desirable, create subordinate air transport commissionson a regional or other basis and define groups of states orairlines with or through which it may deal to facilitate thecarrying out of the aims of this Convention;

b) Delegate to the Air Navigation Commission dutiesadditional to those set forth in the Convention and revoke ormodify such delegations of authority at any time;

c) Conduct research into all aspects of air transportand air navigation which are of international importance,communicate the results of its research to the contractingStates, and facilitate the exchange of information betweencontracting States on air transport and air navigationmatters;

d) Study any matters affecting the organization andoperation of international air transport, including the inter-national ownership and operation of international airservices on trunk routes, and submit to the Assembly plansin relation thereto;

e) Investigate, at the request of any contracting State,any situation which may appear to present avoidableobstacles to the development of international air navigation;and, after such investigation, issue such reports as mayappear to it desirable.

* This is the text of the Article as amended at the 18th Session of theAssembly on 7 July 1971; it entered into force on 19 December1974. The original text of the Convention provided for twelvemembers of the Air Navigation Commission.

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CHAPTER X

THE AIR NAVIGATION COMMISSION

Article 56

Nomination and appointment of Commission

The Air Navigation Commission shall be composed offifteen members appointed by the Council from among personsnominated by contracting States. These persons shall havesuitable qualifications and experience in the science andpractice of aeronautics. The Council shall request allcontracting States to submit nominations. The President of theAir Navigation Commission shall be appointed by theCouncil.*

Article 57

Duties of Commission

The Air Navigation Commission shall:

a) Consider, and recommend to the Council foradoption, modifications of the Annexes to this Convention;

b) Establish technical subcommissions on which anycontracting State may be represented, if it so desires;

c) Advise the Council concerning the collection andcommunication to the contracting States of all informationwhich it considers necessary and useful for the advancementof air navigation.

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CHAPTER XI

PERSONNEL

Article 58

Appointment of personnel

Subject to any rules laid down by the Assembly and to theprovisions of this Convention, the Council shall determine themethod of appointment and of termination of appointment, thetraining, and the salaries, allowances, and conditions of serviceof the Secretary General and other personnel of the Organiz-ation, and may employ or make use of the services of nationalsof any contracting State.

Article 59

International character of personnel

The President of the Council, the Secretary General, andother personnel shall not seek or receive instructions in regardto the discharge of their responsibilities from any authorityexternal to the Organization. Each contracting State undertakesfully to respect the international character of the responsi-bilities of the personnel and not to seek to influence any of itsnationals in the discharge of their responsibilities.

Article 60

Immunities and privileges of personnel

Each contracting State undertakes, so far as possible underits constitutional procedure, to accord to the President of theCouncil, the Secretary General, and the other personnel of theOrganization, the immunities and privileges which areaccorded to corresponding personnel of other public inter-national organizations. If a general international agreement onthe immunities and privileges of international civil servants isarrived at, the immunities and privileges accorded to thePresident, the Secretary General, and the other personnel of theOrganization shall be the immunities and privileges accordedunder that general international agreement.

* This is the text of the Article as amended by the Eighth Session ofthe Assembly on 14 June 1954; it entered into force on 12 December1956. Under Article 94 a) of the Convention, the amended text is inforce in respect of those States which have ratified the amendment.In respect of the States which have not ratified the amendment, theoriginal text is still in force and, therefore, that text is reproducedbelow:

“The Council shall submit to the Assembly an annual budget,annual statements of accounts and estimates of all receipts andexpenditures. The Assembly shall vote the budget with whatevermodification it sees fit to prescribe, and, with the exception ofassessments under Chapter XV to States consenting thereto, shallapportion the expenses of the Organization among the contractingStates on the basis which it shall from time to time determine.”

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CHAPTER XII

FINANCE

Article 61*

Budget and apportionment of expenses

The Council shall submit to the Assembly annual budgets,annual statements of accounts and estimates of all receipts andexpenditures. The Assembly shall vote the budgets withwhatever modification it sees fit to prescribe, and, with theexception of assessments under Chapter XV to Statesconsenting thereto, shall apportion the expenses of the Organ-ization among the contracting States on the basis which it shallfrom time to time determine.

Article 62

Suspension of voting power

The Assembly may suspend the voting power in theAssembly and in the Council of any contracting State that failsto discharge within a reasonable period its financial obligationsto the Organization.

Article 63

Expenses of delegations and other representatives

Each contracting State shall bear the expenses of its owndelegation to the Assembly and the remuneration, travel, andother expenses of any person whom it appoints to serve on theCouncil, and of its nominees or representatives on anysubsidiary committees or commissions of the Organization.

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CHAPTER XIII

OTHER INTERNATIONAL ARRANGEMENTS

Article 64

Security arrangements

The Organization may, with respect to air matters within itscompetence directly affecting world security, by vote of theAssembly enter into appropriate arrangements with any generalorganization set up by the nations of the world to preservepeace.

Article 65

Arrangements with other international bodies

The Council, on behalf of the Organization, may enter intoagreements with other international bodies for the maintenanceof common services and for common arrangements concerningpersonnel and, with the approval of the Assembly, may enterinto such other arrangements as may facilitate the work of theOrganization.

Article 66

Functions relating to other agreements

a) The Organization shall also carry out the functionsplaced upon it by the International Air Services Transit Agree-ment and by the International Air Transport Agreement drawnup at Chicago on December 7, 1944, in accordance with theterms and conditions therein set forth.

b) Members of the Assembly and the Council who havenot accepted the International Air Services Transit Agreementof the International Air Transport Agreement drawn up atChicago on December 7, 1944 shall not have the right to voteon any questions referred to the Assembly or Council under theprovisions of the relevant Agreement.

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PART III

INTERNATIONAL AIR TRANSPORT

CHAPTER XIV

INFORMATION AND REPORTS

Article 67

File reports with Council

Each contracting State undertakes that its internationalairlines shall, in accordance with requirements laid down bythe Council, file with the Council traffic reports, cost statisticsand financial statements showing among other things allreceipts and the sources thereof.

CHAPTER XV

AIRPORTS AND OTHER AIR NAVIGATION FACILITIES

Article 68

Designation of routes and airports

Each contracting State may, subject to the provisions of thisConvention, designate the route to be followed within itsterritory by any international 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 airports or other airnavigation facilities, including radio and meteorologicalservices, of a contracting State are not reasonably adequate forthe safe, regular, efficient, and economical operation ofinternational air services, present or contemplated, the Councilshall consult with the State directly concerned, and other States

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affected, with a view to finding means by which the situationmay be remedied, and may make recommendations for thatpurpose. No contracting State shall be guilty of an infraction ofthis Convention if it fails to carry out these recommendations.

Article 70

Financing of air navigation facilities

A contracting State, in the circumstances arising under theprovisions of Article 69, may conclude an arrangement with theCouncil for giving effect to such recommendations. The Statemay elect to bear all of the costs involved in any such arrange-ment. If the State does not so elect, the Council may agree, atthe request of the State, to provide for all or a portion of thecosts.

Article 71

Provision and maintenance of facilitiesby Council

If a contracting State so requests, the Council may agree toprovide, man, maintain, and administer any or all of theairports and other air navigation facilities including radio andmeteorological services, required in its territory for the safe,regular, efficient and economical operation of the internationalair services of the other contracting States, and may specify justand reasonable charges for the use of the facilities provided.

Article 72

Acquisition or use of land

Where land is needed for facilities financed in whole or inpart by the Council at the request of a contracting State, thatState shall either provide the land itself, retaining title if itwishes, or facilitate the use of the land by the Council on justand reasonable terms and in accordance with the laws of theState concerned.

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Article 73

Expenditure and assessment of funds

Within the limit of the funds which may be made availableto it by the Assembly under Chapter XII, the Council maymake current expenditures for the purposes of this Chapterfrom the general funds of the Organization. The Council shallassess the capital funds required for the purposes of thisChapter in previously agreed proportions over a reasonableperiod of time to the contracting States consenting theretowhose airlines use the facilities. The Council may also assessto States that consent any working funds that are required.

Article 74

Technical assistance and utilization of revenues

When the Council, at the request of a contracting State,advances funds or provides airports or other facilities in wholeor in part, the arrangement may provide, with the consent ofthat State, for technical assistance in the supervision andoperation of the airports and other facilities, and for thepayment, from the revenues derived from the operation of theairports and other facilities, of the operating expenses of theairports and the other facilities, and of interest and amortizationcharges.

Article 75

Taking over of facilities from Council

A contracting State may at any time discharge anyobligation into which it has entered under Article 70, and takeover airports and other facilities which the Council hasprovided in its territory pursuant to the provisions of Articles71 and 72, by paying to the Council an amount which in theopinion of the Council is reasonable in the circumstances. Ifthe State considers that the amount fixed by the Council isunreasonable it may appeal to the Assembly against thedecision of the Council and the Assembly may confirm oramend the decision of the Council.

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Article 76

Return of funds

Funds obtained by the Council through reimbursementunder Article 75 and from receipts of interest and amortizationpayments under Article 74 shall, in the case of advancesoriginally financed by States under Article 73, be returned tothe States which were originally assessed in the proportion oftheir assessments, as determined by the Council.

CHAPTER XVI

JOINT OPERATING ORGANIZATIONSAND POOLED SERVICES

Article 77

Joint operating organizations permitted

Nothing in this Convention shall prevent two or morecontracting States from constituting joint air transport oper-ating organizations or international operating agencies andfrom pooling their air services on any routes or in any regions,but such organizations or agencies and such pooled servicesshall be subject to all the provisions of this Convention,including those relating to the registration of agreements withthe Council. The Council shall determine in what manner theprovisions of this Convention relating to nationality of aircraftshall apply to aircraft operated by international operatingagencies.

Article 78

Function of Council

The Council may suggest to contracting States concernedthat they form joint organizations to operate air services on anyroutes or in any regions.

Article 79

Participation in operating organizations

A State may participate in joint operating organizations orin pooling arrangements, either through its government orthrough an airline company or companies designated by itsgovernment. The companies may, at the sole discretion of theState concerned, be state-owned or partly state-owned orprivately owned.

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PART IV

FINAL PROVISIONS

CHAPTER XVII

OTHER AERONAUTICAL AGREEMENTSAND ARRANGEMENTS

Article 80

Paris and Habana Conventions

Each contracting State undertakes, immediately upon thecoming into force of this Convention, to give notice ofdenunciation of the Convention relating to the Regulation ofAerial Navigation signed at Paris on October 13, 1919 or theConvention on Commercial Aviation signed at Habana onFebruary 20, 1928, if it is a party to either. As betweencontracting States, this Convention supersedes the Conventionsof Paris and Habana previously referred to.

Article 81

Registration of existing agreements

All aeronautical agreements which are in existence on thecoming into force of this Convention, and which are betweena contracting State and any other State or between an airline ofa contracting State and any other State or the airline of anyother State, shall be forthwith registered with the Council.

Article 82

Abrogation of inconsistent arrangements

The contracting States accept this Convention as abrogatingall obligations and understandings between them which areinconsistent with its terms, and undertake not to enter into anysuch obligations and understandings. A contracting Statewhich, before becoming a member of the Organization hasundertaken any obligations toward a non-contracting State ora national of a contracting State or of a non-contracting Stateinconsistent with the terms of this Convention, shall takeimmediate steps to procure its release from the obligations. Ifan airline of any contracting State has entered into any suchinconsistent obligations, the State of which it is a national shall

* On 6 October 1980 the Assembly decided to amend the ChicagoConvention by introducing Article 83 bis. Under Article 94 a) of theConvention the amendment came into force on 20 June 1997 inrespect of States which ratified it.

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use its best efforts to secure their termination forthwith andshall in any event cause them to be terminated as soon as suchaction can lawfully be taken after the coming into force of thisConvention.

Article 83

Registration of new arrangements

Subject to the provisions of the preceding Article, anycontracting State may make arrangements not inconsistent withthe provisions of this Convention. Any such arrangement shallbe forthwith registered with the Council, which shall make itpublic as soon as possible.

Article 83 bis*

Transfer of certain functions and duties

a) Notwithstanding the provisions of Articles 12, 30, 31and 32 a), when an aircraft registered in a contracting State isoperated pursuant to an agreement for the lease, charter orinterchange of the aircraft or any similar arrangement by anoperator who has his principal place of business or, if he has nosuch place of business, his permanent residence in anothercontracting State, the State of registry may, by agreement withsuch other State, transfer to it all or part of its functions andduties as State of registry in respect of that aircraft underArticles 12, 30, 31 and 32 a). The State of registry shall berelieved of responsibility in respect of the functions and dutiestransferred.

b) The transfer shall not have effect in respect of othercontracting States before either the agreement between Statesin which it is embodied has been registered with the Council

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and made public pursuant to Article 83 or the existence andscope of the agreement have been directly communicated to theauthorities of the other contracting State or States concerned bya State party to the agreement.

c) The provisions of paragraphs a) and b) above shall alsobe applicable to cases covered by Article 77.

CHAPTER XVIII

DISPUTES AND DEFAULT

Article 84

Settlement of disputes

If any disagreement between two or more contracting Statesrelating to the interpretation or application of this Conventionand its Annexes cannot be settled by negotiation, it shall, onthe application of any State concerned in the disagreement, bedecided by the Council. No member of the Council shall votein the consideration by the Council of any dispute to which itis a party. Any contracting State may, subject to Article 85,appeal from the decision of the Council to an ad hoc arbitraltribunal agreed upon with the other parties to the dispute or tothe Permanent Court of International Justice. Any such appealshall be notified to the Council within sixty days of receipt ofnotification of the decision of the Council.

Article 85

Arbitration procedure

If any contracting State party to a dispute in which thedecision of the Council is under appeal has not accepted theStatute of the Permanent Court of International Justice and thecontracting States parties to the dispute cannot agree on thechoice of the arbitral tribunal, each of the contracting Statesparties to the dispute shall name a single arbitrator who shallname an umpire. If either contracting State party to the disputefails to name an arbitrator within a period of three months fromthe date of the appeal, an arbitrator shall be named on behalf ofthat State by the President of the Council from a list ofqualified and available persons maintained by the Council. If,within thirty days, the arbitrators cannot agree on an umpire,the President of the Council shall designate an umpire from thelist previously referred to. The arbitrators and the umpire shallthen jointly constitute an arbitral tribunal. Any arbitral tribunal

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established under this or the preceding Article shall settle itsown procedure and give its decisions by majority vote,provided that the Council may determine procedural questionsin the event of any delay which in the opinion of the Council isexcessive.

Article 86

Appeals

Unless the Council decides otherwise any decision by theCouncil on whether an international airline is operating inconformity with the provisions of this Convention shall remainin effect unless reversed on appeal. On any other matter,decisions of the Council shall, if appealed from, be suspendeduntil the appeal is decided. The decisions of the PermanentCourt of International Justice and of an arbitral tribunal shallbe final and binding.

Article 87

Penalty for non-conformity of airline

Each contracting State undertakes not to allow the operationof an airline of a contracting State through the airspace aboveits territory if the Council has decided that the airlineconcerned is not conforming to a final decision rendered inaccordance with the previous Article.

Article 88

Penalty for non-conformity by State

The Assembly shall suspend the voting power in theAssembly and in the Council of any contracting State that isfound in default under the provisions of this Chapter.

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CHAPTER XIX

WAR

Article 89

War and emergency conditions

In case of war, the provisions of this Convention shall notaffect the freedom of action of any of the contracting Statesaffected, whether as belligerents or as neutrals. The sameprinciple shall apply in the case of any contracting State whichdeclares a state of national emergency and notifies the fact tothe Council.

CHAPTER XX

ANNEXES

Article 90

Adoption and amendment of Annexes

a) The adoption by the Council of the Annexes describedin Article 54, subparagraph l), shall require the vote of two-thirds of the Council at a meeting called for that purpose andshall then be submitted by the Council to each contractingState. Any such Annex or any amendment of an Annex shallbecome effective within three months after its submission tothe contracting States or at the end of such longer period oftime as the Council may prescribe, unless in the meantime amajority of the contracting States register their disapprovalwith the Council.

b) The Council shall immediately notify all contractingStates of the coming into force of any Annex or amendmentthereto.

CHAPTER XXI

RATIFICATIONS, ADHERENCES, AMENDMENTS,AND DENUNCIATIONS

Article 91

Ratification of Convention

a) This Convention shall be subject to ratification by thesignatory States. The instruments of ratification shall bedeposited in the archives of the Government of the United

41

States of America, which shall give notice of the date of thedeposit to each of the signatory and adhering States.

b) As soon as this Convention has been ratified or adheredto by twenty-six States it shall come into force between themon the thirtieth day after deposit of the twenty-sixth instrument.It shall come into force for each State ratifying thereafter on thethirtieth day after the deposit of its instrument of ratification.

c) It shall be the duty of the Government of the UnitedStates of America to notify the government of each of thesignatory and adhering States of the date on which thisConvention comes into force.

Article 92

Adherence to Convention

a) This Convention shall be open for adherence bymembers of the United Nations and States associated withthem, and States which remained neutral during the presentworld conflict.

b) Adherence shall be effected by a notification addressedto the Government of the United States of America and shalltake effect as from the thirtieth day from the receipt of thenotification by the Government of the United States ofAmerica, which shall notify all the contracting States.

Article 93

Admission of other States

States other than those provided for in Articles 91 and 92 a)may, subject to approval by any general international organ-ization set up by the nations of the world to preserve peace, beadmitted to participation in this Convention by means of afour-fifths vote of the Assembly and on such conditions as theAssembly may prescribe: provided that in each case the assentof any State invaded or attacked during the present war by theState seeking admission shall be necessary.

* On 27 May 1947 the Assembly decided to amend the ChicagoConvention by introducing Article 93 bis. Under Article 94 a) of theConvention the amendment came into force on 20 March 1961 inrespect of States which ratified it.

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Article 93 bis*

a) Notwithstanding the provisions of Articles 91, 92 and93 above:

1) A State whose government the General Assemblyof the United Nations has recommended be debarred frommembership in international agencies established by orbrought into relationship with the United Nations shallautomatically cease to be a member of the InternationalCivil Aviation Organization;

2) A State which has been expelled from membershipin the United Nations shall automatically cease to be amember of the International Civil Aviation Organizationunless the General Assembly of the United Nations attachesto its act of expulsion a recommendation to the contrary.

b) A State which ceases to be a member of theInternational Civil Aviation Organization as a result of theprovisions of paragraph a) above may, after approval by theGeneral Assembly of the United Nations, be readmitted to theInternational Civil Aviation Organization upon application andupon approval by a majority of the Council.

c) Members of the Organization which are suspendedfrom the exercise of the rights and privileges of membership inthe United Nations shall, upon the request of the latter, besuspended from the rights and privileges of membership in thisOrganization.

Article 94

Amendment of Convention

a) Any proposed amendment to this Convention must beapproved by a two-thirds vote of the Assembly and shall thencome into force in respect of States which have ratified suchamendment when ratified by the number of contracting Statesspecified by the Assembly. The number so specified shall notbe less than two-thirds of the total number of contractingStates.

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b) If in its opinion the amendment is of such a nature as tojustify this course, the Assembly in its resolution recommend-ing adoption may provide that any State which has not ratifiedwithin a specified period after the amendment has come intoforce shall thereupon cease to be a member of the Organizationand a party to the Convention.

Article 95

Denunciation of Convention

a) Any contracting State may give notice of denunciationof this Convention three years after its coming into effect bynotification addressed to the Government of the United Statesof America, which shall at once inform each of the contractingStates.

b) Denunciation shall take effect one year from the date ofthe receipt of the notification and shall operate only as regardsthe State effecting the denunciation.

CHAPTER XXII

DEFINITIONS

Article 96

For the purpose of this Convention the expression:

a) “Air service” means any scheduled air serviceperformed by aircraft for the public transport of passengers,mail or cargo.

b) “International air service” means an air servicewhich passes through the air space over the territory of morethan one State.

c) “Airline” means any air transport enterpriseoffering or operating an international air service.

d) “Stop for non-traffic purposes” means a landingfor any purpose other than taking on or dischargingpassengers, cargo or mail.

* This is the text of the final paragraph as amended by the 22ndSession of the Assembly on 30 September 1977; it entered into forceon 17 August 1999. Under Article 94 a) of the Convention, theamended text is in force in respect of those States which have ratifiedthe amendment. In respect of the States which have not ratified theamendment, the original text is still in force and, therefore, that textis reproduced below:

“DONE at Chicago the seventh day of December 1944, in theEnglish language. A text drawn up in the English, French andSpanish languages, each of which shall be of equal authenticity, shallbe open for signature at Washington, D.C. Both texts shall bedeposited in the archives of the Government of the United States ofAmerica, and certified copies shall be transmitted by thatGovernment to the governments of all the States which may sign oradhere to this Convention.”

44

SIGNATURE OF CONVENTION

IN WITNESS WHEREOF, the undersigned plenipotentiaries,having been duly authorized, sign this Convention on behalf oftheir respective governments on the dates appearing oppositetheir signatures.

DONE at Chicago the seventh day of December 1944 in theEnglish language. The texts of this Convention drawn up in theEnglish, French, Russian and Spanish languages are of equalauthenticity. These texts shall be deposited in the archives ofthe Government of the United States of America, and certifiedcopies shall be transmitted by that Government to theGovernments of all the States which may sign or adhere to thisConvention. This Convention shall be open for signature atWashington, D.C.*

45

P R O T O C O L1

ON THE AUTHENTIC TRILINGUAL TEXT OFTHE CONVENTION ON

INTERNATIONAL CIVIL AVIATION(CHICAGO, 1944)

Signed at Buenos Aires on 24 September 1968

THE UNDERSIGNED GOVERNMENTS

CONSIDERING that the last paragraph of the Convention onInternational Civil Aviation, hereinafter called “the Conven-tion”, provides that a text of the Convention, drawn up in theEnglish, French and Spanish languages, each of which shall beof equal authenticity, shall be open for signature;

CONSIDERING that the Convention was opened for signature,at Chicago, on the seventh day of December, 1944, in a text inthe English language;

CONSIDERING, accordingly, that it is appropriate to make thenecessary provision for the text to exist in three languages ascontemplated in the Convention;

CONSIDERING that in making such provision, it should betaken into account that there exist amendments to the Conven-tion in the English, French and Spanish languages, and that thetext of the Convention in the French and Spanish languagesshould not incorporate those amendments because, inaccordance with Article 94 a) of the Convention, each suchamendment can come into force only in respect of any Statewhich has ratified it;

HAVE AGREED as follows:

Article I2

The text of the Convention in the French and Spanishlanguages annexed to this Protocol, together with the text ofthe Convention in the English language, constitutes the textequally authentic in the three languages as specifically referredto in the last paragraph of the Convention.

1. Came into force on 24 October 1968.2. The text of the Convention in the French and Spanish languages

mentioned in this Article will be found in the second and thirdcolumns at pages 1 to 44 of this document, subject to what is statedin the second paragraph of the Foreword at page (ii).

46

Article II

If a State party to this Protocol has ratified or in the futureratifies any amendment made to the Convention in accordancewith Article 94 a) thereof, then the text of such amendment inthe English, French and Spanish languages shall be deemed torefer to the text, equally authentic in the three languages, whichresults from this Protocol.

Article III

1) The States members of the International Civil AviationOrganization may become parties to this Protocol either by:

a) signature without reservation as to acceptance, or

b) signature with reservation as to acceptancefollowed by acceptance, or

c) acceptance.

2) This Protocol shall remain open for signature at BuenosAires until the twenty-seventh day of September 1968 andthereafter at Washington, D.C.

3) Acceptance shall be effected by the deposit of aninstrument of acceptance with the Government of the UnitedStates of America.

4) Adherence to or ratification or approval of this Protocolshall be deemed to be acceptance thereof.

Article IV

1) This Protocol shall come into force on the thirtieth dayafter twelve States shall, in accordance with the provisions ofArticle III, have signed it without reservation as to acceptanceor accepted it.

2) As regards any State which shall subsequently becomea party to this Protocol, in accordance with Article III, theProtocol shall come into force on the date of its signaturewithout reservation as to acceptance or of its acceptance.

47

Article V

Any future adherence of a State to the Convention shall bedeemed to be acceptance of this Protocol.

Article VI

As soon as this Protocol comes into force, it shall beregistered with the United Nations and with the InternationalCivil Aviation Organization by the Government of the UnitedStates of America.

Article VII

1) This Protocol shall remain in force so long as theConvention is in force.

2) This Protocol shall cease to be in force for a State onlywhen that State ceases to be a party to the Convention.

Article VIII

The Government of the United States of America shall givenotice to all States members of the International Civil AviationOrganization and to the Organization itself:

a) of any signature of this Protocol and the datethereof, with an indication whether the signature is with orwithout reservation as to acceptance;

b) of the deposit of any instrument of acceptance andthe date thereof;

c) of the date on which this Protocol comes into forcein accordance with the provisions of Article IV,paragraph 1).

Article IX

This Protocol, drawn up in the English, French and Spanishlanguages, each text being equally authentic, shall be depositedin the archives of the Government of the United States ofAmerica, which shall transmit duly certified copies thereof tothe Government of the States members of the InternationalCivil Aviation Organization.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries,duly authorized, have signed this Protocol.

DONE at Buenos Aires this twenty-fourth day ofSeptember, one thousand nine hundred and sixty-eight.

48

P R O T O C O L1

ON THE AUTHENTIC QUADRILINGUAL TEXT OFTHE CONVENTION ON

INTERNATIONAL CIVIL AVIATION(CHICAGO, 1944)

Signed at Montreal on 30 September 1977

THE UNDERSIGNED GOVERNMENTS

CONSIDERING that the 21st Session of the Assembly of theInternational Civil Aviation Organization requested theCouncil of this Organization “to undertake the necessarymeasures for the preparation of the authentic text of theConvention on International Civil Aviation in the Russianlanguage, with the aim of having it approved not later than theyear 1977”;

CONSIDERING that the English text of the Convention onInternational Civil Aviation was opened for signature atChicago on 7 December 1944;

CONSIDERING that, pursuant to the Protocol signed atBuenos Aires on 24 September 1968 on the authentic trilingualtext of the Convention on International Civil Aviation done atChicago, 7 December 1944, the text of the Convention onInternational Civil Aviation (hereinafter called the Convention)was adopted in the French and Spanish languages and, togetherwith the text of the Convention in the English language,constitutes the text equally authentic in the three languages asprovided for in the final clause of the Convention;

CONSIDERING accordingly, that it is appropriate to make thenecessary provision for the text of the Convention to exist inthe Russian language;

CONSIDERING that in making such provision account mustbe taken of the existing amendments to the Convention in theEnglish, French and Spanish languages, the texts of which areequally authentic and that, according to Article 94 a) of theConvention, any amendment can come into force only inrespect of any State which has ratified it;

1. Came into force on 16 September 1999.

49

HAVE AGREED as follows:

Article I2

The text of the Convention and of the amendments theretoin the Russian language annexed to this Protocol, together withthe text of the Convention and of the amendments thereto inthe English, French and Spanish languages, constitutes the textequally authentic in the four languages.

Article II

If a State party to this Protocol has ratified or in the futureratifies any amendment made to the Convention in accordancewith Article 94 a) thereof, then the text of such amendment inthe Russian, English, French and Spanish languages shall bedeemed to refer to the text equally authentic in the fourlanguages, which results from this Protocol.

Article III

1) The States members of the International Civil AviationOrganization may become parties to this Protocol either by:

a) signature without reservation as to acceptance, or

b) signature with reservation as to acceptancefollowed by acceptance, or

c) acceptance.

2) This Protocol shall remain open for signature atMontreal until the 5th of October 1977 and thereafter atWashington, D.C.

3) Acceptance shall be effected by the deposit of aninstrument of acceptance with the Government of the UnitedStates of America.

4) Adherence to or ratification or approval of this Protocolshall be deemed to be acceptance thereof.

2. The text of the Convention in the Russian language mentioned in thisArticle will be found in the fourth column at pages 1 to 44 of thisdocument, subject to what is stated in the second paragraph of theForeword at page (ii).

50

Article IV

1) This Protocol shall come into force on the thirtieth dayafter twelve States shall, in accordance with the provisions ofArticle III, have signed it without reservation as to acceptanceor accepted it and after entry into force of the amendment to thefinal clause of the Convention, which provides that the text ofthe Convention in the Russian language is of equalauthenticity.

2) As regards any State which shall subsequently becomea party to this Protocol in accordance with Article III, theProtocol shall come into force on the date of its signaturewithout reservation as to acceptance or of its acceptance.

Article V

Any adherence of a State to the Convention after thisProtocol has entered into force shall be deemed to beacceptance of this Protocol.

Article VI

Acceptance by a State of this Protocol shall not be regardedas ratification by it of any amendment to the Convention.

Article VII

As soon as this Protocol comes into force, it shall beregistered with the United Nations and with the InternationalCivil Aviation Organization by the Government of the UnitedStates of America.

Article VIII

1) This Protocol shall remain in force so long as theConvention is in force.

2) This Protocol shall cease to be in force for a State onlywhen that State ceases to be a party to the Convention.

Article IX

The Government of the United States of America shall givenotice to all States members of the International Civil AviationOrganization and to the Organization itself:

a) of any signature of this Protocol and the datethereof, with an indication whether the signature is with orwithout reservation as to acceptance;

51

b) of the deposit of any instrument of acceptance andthe date thereof;

c) of the date on which this Protocol comes into forcein accordance with the provisions of Article IV,paragraph 1.

Article X

This Protocol, drawn up in the English, French, Russianand Spanish languages, each text being equally authentic, shallbe deposited in the archives of the Government of the UnitedStates of America, which shall transmit duly certified copiesthereof to the Governments of the States members of theInternational Civil Aviation Organization.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries,duly authorized, have signed this Protocol.

DONE at Montreal this thirtieth day of September, onethousand nine hundred and seventy-seven.

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