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ARTICLE 8

ARTICLE 8

Commercial Opportunities

 

1. Subject to Annex 4(II), the designated airlines of one Party may establish offices in the territory of the other Party for the promotion and sale of air transportation.

2. The designated airlines of one Party may, in accordance with the laws and regulations of the other Party relating to entry, residence, and employment, bring in and maintain in the territory of the other Party managerial, sales, technical, operational, and other specialist staff required for the provision of air transportation.

3. Subject to Annex 3, each designated airline may perform its own ground handling in the territory of the other Party ("self-handling") or, at its option, select among competing agents for such services in whole or in part. These rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services if self-handling were possible.

4. Subject to Annex 3, the designated airlines of each Party may engage in the sale of air transportation on their own transportation documents in the territory of the other Party directly and, at the airline's discretion, through its agents, except as may be specifically provided by the charter regulations of the country in which the charter originates that relate to national security or to the protection of passenger funds and passenger cancellation and refund rights. Subject to Annex 3, each designated airline may sell such transportation, and any person shall be free to purchase such transportation, in the currency of that territory (if the tariffs of the airlines and the laws and regulations in this territory provide for payment in such currency) or in freely convertible currencies.

5. Subject to Annex 3, each airline may convert and remit to its country in freely convertible currencies, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the market rate of exchange applicable on the date of application for remittance.

6. Subject to Annex 3, the airlines of one Party shall be permitted to pay for local expenses, including purchases of fuel, in the territory of the other Party in local currency. At their discretion, the airlines of one Party may pay for such expenses in the territory of the other Party in freely convertible currencies according to local currency regulations.

7. Subject to Annex 3, the designated airlines of one Party shall be permitted to hold bank accounts in their own names in the territory of the other Party, in the currency of either Party, or in any freely convertible currency, at the airline's option.

8. Passengers intending to undertake a trip, regardless of their citizenship, shall be free to choose the airline or airlines.

9. The provisions of this Article shall be applicable to cargo as well as passenger transportation.