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Exchange of Notes amending the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States, done at Mexico December 21, 1961 [1998] CATSer 2 (23 January 1998)

E102998

EXCHANGE OF NOTES AMENDING THE AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED MEXICAN STATES, DONE AT MEXICO DECEMBER 21, 1961

I

The Minister of Foreign Affairs of Canada to the Minister of Foreign Affairs of Mexico

Note No. 278

20 December 1996

His Excellency Minister Jose Angel Gurría Trevino
Minister of Foreign Affairs
Mexico

Excellency,

l have the honour to refer to the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States done at Mexico D.F. on 21 December, 1961, amended on 24 March, 1971 and to propose, on behalf of the Government of Canada, that the attached Article be included as Article V-A to the 1961 Agreement.

If this proposal is acceptable to the Government of the United Mexican States, I have the further honour to propose that this Note, with its attachments which are equally authentic in English and French, together with an affirmative Note in reply will be considered an Agreement between our two Governments. After our two Governments will have obtained the required approval in accordance with their respective constitutional procedures, this Agreement will enter into effect from the date on which an additional exchange of notes will be effected, as per Article XX of the 1961 Air Transport Agreement, as amended.

I avail myself of this opportunity to extend to Your Excellency the assurances of my highest considerations.

Lloyd Axworthy

Minister of Foreign Affairs

ARTICLE VA

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.

2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970, and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23, 1971 and any other multilateral agreement governing aviation security binding upon both Contracting Parties.

3. The Contracting Parties shall provide upon request all' necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

4. The Contracting Parties shall act in conformity with the aviation security provisions established by the International Civil Aviation Organization (ICAO) and designated as Annexes to the Convention, on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry, operators of aircraft who pave their principal place of business or permanent residence in their territory, and the operators of airports in their territory act in conformity with such aviation security provisions.

5. The Contracting parties agree that for situations in which a designated airline is permitted to use leased aircraft, the lessor of the aircraft as well as the lessee shall be required by the Contracting Parties to act in conformity with the provisions of this Article.

6. Each Contracting Party agrees that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party. Each Contracting Party agrees to notify the designated airlines of the other Contracting Party at the time of implementation of new aviation security laws and regulations. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding and loading.

7. Each Contracting Party shall give sympathetic consideration to any request from the other Contracting Party for reasonable special security measure to meet a particular threat.

8. Each Contracting Party shall also give sympathetic consideration to a request from the other Contracting Party to enter into reciprocal administrative arrangements whereby the aeronautical authorities of one Contracting Party could make in the territory of the other Contracting Party their own assessment of the security measures being carried out by aircraft operators in respect of flights destined to the territory of the first Contracting Party.

9. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

10. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Failure to reach a satisfactory agreement shall constitute grounds for the application of Article IV of this Agreement.

II

The Minister of Foreign Affairs of Mexico to the Minister of Foreign Affairs of Canada

(Translation)

Mexico D.F., December 20, 1996

CJA 6079

The Honorable Lloyd Axworthy
Ministry of Foreign Affairs of Canada

Dear Minister:

I have the honor to refer to your Excellency's Note 278 of December 20, 1996, the English text of which reads as follows:

“Excellency: I have the honor to refer to the Air Transport Agreement between the Government of Canada and the Government of the United Mexican States done at Mexico D.F. on 21 December 1961, amended on March 24, 1971 and to propose, on behalf of the Government of Canada, that the attached Article be included as Article V-A to the 1961 Agreement.

If this proposal is acceptable to the Government of the United Mexican States, I have the further honor to propose that this Note, with its attachments, which are equally authentic in English and French, together with an affirmative Note in reply will be considered an Agreement between our two Governments. After our two Governments have obtained the required approval in accordance with their respective constitutional procedures, this Agreement will enter into effect from the date on which an additional exchange of notes will be effected, as per Article XX of the 1961 Air Transport Agreement, as amended.”

In response, I have the honor to confirm to your Excellency that the Government of the United Mexican States accepts the proposal contained in Note 278 and thus considers that that Note and this letter constitute an Agreement between our two Governments that will enter into effect on this date.

I avail myself of this opportunity to renew to your Excellency the assurances of my highest consideration.

Ángel Gurria

Secretary of Foreign Relations
of the United Mexican States

ARTICLE VA

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other is to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement.

2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970 , and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal on September 23, 1971 and any other multilateral agreement governing aviation security binding upon both Contracting Parties.

3. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

4. The Contracting Parties shall act in conformity with the aviation security provisions established by the International Civil Aviation Organzation (ICAO) and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory are in conformity with such aviation security provisions.

5. The Contracting Parties agree that for situations in which a designated airline is permitted to use leased aircraft, the lessor of the aircraft as well as the lessee shall be required by the Contracting Parties to act in conformity with the provisions of this Article.

6. Each Contracting Party agrees that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party. Each Contracting Party agrees to notify the designated airlines of the other Contracting Party at the time of implementation of new aviation security laws and regulations. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding and debarkation.

7. Each Contracting Party shall give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

8. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party to enter into reciprocal administrative arrangements whereby the aeronautical authorities of one Contracting Party could make in the territory of the other Contracting Party their own assessment of the security measures being carried out by aircraft operators in respect of flights destined to the territory of the first Contracting Party.

9. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

10. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other Contracting Party. Failure to reach a satisfactory agreement shall constitute grounds for the application of Article IV of this Agreement.