The Government of India and the Government of Iraq hereinafter described as the Contracting Parties.
BEING Contracting Parties to the Convention on International Civil Aviation and the International Air Services Transit Agreement,
both signed at Chicago on the seventh day of December, 1944, the terms of which Convention and Agreement are binding on both parties,
AND desiring to conclude an agreement for the operation of air transport services between and beyond their respective territories
HAVE agreed as follows :
Article I
Each Contracting Party grants to the other Contracting Party the right to operate the air services specified in the Annex to this
Agreement (hereinafter referred to as the "specified air services").
Article II
(A) Each of the specified air services may be inaugurated immediately or at a later date at the option of the Contracting Party to
whom the rights are granted, on condition that :
1. The Contracting Party to whom the rights have been granted shall have designated an airline (hereinafter referred to as a "designated
airline") for the specified air route.
2. The Contracting Party which grants the rights shall have given the appropriate operating permission to the airline, which it shall
do with the least possible delay, provided that the airline has, if called upon, complied with the requirements of paragraph (B)
of this Article.
(B) The designated airline may be required to satisfy the aeronautical authorities of the Contracting Party granting the rights that
it is qualified to fulfil the conditions prescribed by or under the laws and regulations normally applied by those authorities to
the operation of international air services.
(C) The operation of each of the specified air services shall be subject to the agreement of the Contracting Party concerned that
the route organization available for civil aviation on the specified air route is adequate for the safe operation of air services.
Article III
The designated airlines of each Contracting Party operating the specified air services may, subject to the provisions of Article IV,
set down or pick up in the territory of the other Contracting Party, at the points specified in the Annex, international traffic
originating in or destined for the territory of the former Contracting Party or of a third country.
Article IV
(A) The aeronautical authorities of the Contracting Parties shall jointly determine in respect of an agreed period the total capacity
required for the carriage, at a reasonable load factor, of all traffic, that is to say passengers, cargo and mails, which may reasonably
be expected to originate in the territory of each Contracting Party and to be disembarked in the territory of the other Contracting
Party on the specified air services to be operated during that period on each of the specified air routes. The aeronautical authorities
shall then determine the capacities and frequencies to be provided by the designated airline of each of the Contracting Parties.
(B) In this Article, "agreed period" means the first twelve months from the date this Agreement comes into force and, thereafter,
every succeeding period of twelve months unless otherwise agreed between the aeronautical authorities.
(C) Pending the completion of any review of capacity in accordance with the provisions of this Article the designated airlines of
the Contracti fig Parties shall be entitled to continue to make available on their air services the capacities and frequencies last
agreed between the aeronautical authorities of the Contracting Parties.
Article V
(A) The aeronautical authorities of both Contracting Parties shall exchange information as promptly as possible concerning the current
authorisations extended to their respective designated airlines to render service to, through and from the territory of the other
Contracting Party. This will include copies of current certificates and authorizations for service on the specified air routes, together
with amendments, exemption orders and authorised service patterns.
(B) Each Contracting Party shall cause its designated airlines to provide to the aeronautical authorities of the other Contracting
Party, as long in advance as practicable, copies of time table, tariff schedules, including any modification thereof, and all other
relevant information concerning the operation of the specified air services including such information as may be required to satisfy
the aeronautical authorities that the requirements of this Agreement are being duly observed.
(C) Each Contracting Party shall cause its designated airlines to provide to the aeronautical authorities of the other Contracting
Party statistics relating to the traffic carried on their air services to, from or over the territory of the other Contracting Party
showing the origin and destination of the traffic.
Article VI
(A) Rates shall be fixed at reasonable levels, due regard being paid to all relevant factors, including costs of comparable economical
operation, reasonable profit and differences of characteristics of service.
(B) The rates to be charged by the designated airlines of each Contracting Party in respect of traffic carried under this Agreement
to or from the territory of the other Contracting Party shall be agreed in the first instance between the designated airlines of
both the Parties and shall have regard to relevant rates adopted by the International Air Transport Association. Any rates so agreed
shall be subject to the approval of the aeronautical authorities of the Contracting Parties. In the event of disagreement between
the airlines and/or the aeronautical authorites, the Contracting Parties themselves shall endeavour to reach agreement and will take
all necessary steps to give effect to such agreement.
Should the Contracting Parties fail to agree, the dispute shall be dealt with in accordance with Article XI. Pending the settlement
of any disagreement, the rates already established shall prevail.
Article VII
In respect of customs duties, inspection fees and similar charges on supplies of fuel, lubricating oils, spare parts, regular equipment
and aircraft stores introduced into or taken on board aircraft of the designated airlines of one Contracting Party in the territory
of the other Contracting Party and intended solely for use by or in such aircraft and remaining on board on departure from the last
airport of call in that territory the designated airlines of the first Contracting Party shall be accorded treatment not less favourable
than that granted by the second Contracting Party to the airlines of the most favoured nation or to its national airlines engaged
in international air services : Provided that neither Contracting Party shall be obliged to grant to the designated airlines of the
other Contracting Party, exemption or remission of customs duty, inspection fees or similar charges unless such other Contracting
Party grants exemption or remission of such charges to the designated airlines of the first Contracting Party.
Article VIII
Each Contracting Party reserves the right to itself to withhold or revoke, or impose such appropriate conditions as it may deem necessary
with respect to an operating permission, in case it is not satisfied that substantial ownership and effective control of the airline
are vested in nationals of the other Contracting Party, or in case of failure by a designated airline of the other Party to comply
with the laws and regulations of the former Party, or in case, in the judgement of the former Party, there is a failure to fulfil
the conditions under which the rights are granted in accordance with this Agreement. Except in case of a failure to comply with laws
and regulations, such action shall be taken only after consultation between the Parties. In the event of action by one Party under
this Article, the rights of the other Party under Article XI shall not be prejudiced.
Article IX
(A) In a spirit of close collaboration, the aeronautical authorities of the two Contracting Parties will consult regularly with a
view to assuring the observance of the principles and the implementation of the provisions outlined in this Agreement.
(B) Either Contracting Party may at any time request consultation with the other with a view to initiating any amendments of the Agreement
which it may deem desirable. Such consultation shall begin within a period of sixty days from the date of the request. Any modification
of this Agreement agreed to as a result of such consultation shall come into effect from the date of completion of formalities required
under the Legislative Regulations in both countries.
(C) Changes made by either Contracting Party in the specified air routes, except those which change the points served by the designated
airlines in the territory of the other Contracting Party, shall not be considered as modifications of this Agreement. The aeronautical
authorities of either Contracting Party may, therefore, proceed unilaterally to make such changes, provided, however, that notice
of any change shall be given without delay to the aeronautical authorities of the other Contracting Party. If such latter aeronautical
authorities find that, having regard to the principles set forth in this Agreement, the interests of any of their airlines are prejudiced
by the carriage by a designated airline of the first Contracting Party of traffic between the territory of the second Contracting
Party, and the new point in the territory of a third country, the latter Party may request consultation in accordance with the provisions
of paragraph (B) of this Article.
Article X
Either Contracting Party may at any time give notice to the other of its desire to terminate this Agreement. Such notice shall be
simultaneously communicated to the International Civil Aviation Organisation. This Agreement shall terminate one year after the date
of receipt of the notice by the other Contracting Party, unless the notice is withdrawn by agreement before the expiration of this
period. In the absence of acknowledgement of receipt by the other Contracting Party notice shall be deemed to have been received
fourteen days after the receipt of the notice by the International Civil Aviation Organisation.
Article XI
(A) If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement,
the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves.
(B) If the Contracting Parties fail to reach a settlement by negotiation,
(i) they may agree to refer the dispute for decision to an arbitral tribunal or some other person or body appointed by agreement between
them; or (ii) if they do not so agree or if, having agreed to refer the dispute to an arbitral tribunal they cannot reach agreement
as to its composition, either Contracting Party may submit the dispute for decision to any tribunal competent to decide it established
within the International Civil Aviation Organisation, or, if there be no such tribunal, to the International Court of Justice.
(C) The Contracting Parties undertake to comply with any decision given, including any interim recommendation made, under paragraph
(B) of this Article.
(D) If and so long as either Contracting Party or a designated airline of either Contracting Party fails to comply with the requirements
of paragraph (C) of this Article, the other Contracting Party may limit, withhold or revoke any rights which it has granted by virtue
of the present Agreement.
Article XII
This Agreement shall be subject to ratification and shall come into force from the date of exchange of the instruments of ratification
which shall take place as soon as possible, at Baghdad.
Article XIII
In the event of the conclusion of a multilateral convention or agreement concerning air transport to which both Contracting Parties
adhere, this Agreement shall be modified to conform with the provisions of such convention or agreement.
Article XIV
(A) For the purpose of this Agreement the terms "territory", "air service", "international air service"
and "airline" shall have the meaning specified in the Convention of International Civil Aviation signed at Chicago on December
7, 1944.
(B) The term "aeronautical authorities" shall mean, in the case of India, the Director General of Civil Aviation, India,
and in the case of Iraq, the Director General of Civil Aviation, Iraq, and in both cases any person or body authorized to perform
the function presently exercised by the above mentioned authorities.
Article XV
The Annex to this Agreement shall be deemed to be part of the Agreement and all references to the "Agreement" shall include
references to the Annex, except where otherwise expressly provided.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised thereto by their respective Governments, have signed the
present Agreement.
DONE this twenty-seventh day of July 1955 A.D. in English, Hindi and Arabic, all three texts being equally authentic except in the
case of doubt when the English text shall prevail.
For the Government of India
Sd/- MAHBOOB AHMED.
Charge'd Affairs ad interim.
For the Government of Iraq
Sd/- SALIH SAIB AL-JUBURI
Ministry of Communications and Works.
ANNEX
An airline designated by the Government of India shall be entitled to operate air services in both directions on the routes specified
in this paragraph and to land for traffic purposes in the territories of Iraq at each of the points therein specified:
ROUTE 1: India, points in Pakistan, points in Afghanistan, points in Iran, to Basrah and, if desired, beyond, or Baghdad, points in
Europe (including Turkey) and, if desired, beyond.
ROUTE 2: India, a point in Pakistan, Jeddah, Dhahran, Bahrain, points in Iran, to Basrah and, if desired, beyond, or Baghdad, points
in Europe (including Turkey) and, if desired, beyond.
2. An airline designated by the Government of Iraq shall be entitled to operate air services in both directions on the routes specified
in this paragraph and to land for traffic purposes in the territories of India at each of the points therein specified :
ROUTE 1 :Iraq, points in Iran, points in Afghanistan, points in Persian Gulf, Jeddah, Karachi, Delhi or Calcutta and, if desired,
beyond,
ROUTE 2 : Iraq, points in Iran, points in Afghanistan, points in Persian Gulf, Jeddah, Karachi, Bombay and, if desired, beyond.
3. (A) Points on any of the specified routes, may, at the option of the designated airline, be omitted on any or all flights.
(B) If, at any time scheduled flights on any of the specified air services of one Contracting Party are operated so as to terminate
in the territory of the other Contracting Party and not as part of a through air service extending beyond such territory, the latter
Party shall have the right to nominate the terminal point of such scheduled flights on the specified air route in its territory.
The latter Party shall give not less than six months notice to the other Party if it decides to nominate a new terminal point for
such scheduled flights.
