AMENDED BILATERAL AIR SERVICE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF CHINA AND GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA (AD.1991.11.15)-1

Where as the Government of the Republic of China and the Govern-ment of the Republic of South Africa are desirous of promotingthe development of scheduled international air services betweentheir respective territories;Now therefore the Government of the Republic of China and the G-overnment of the Republic of South Africa, hereinafter referredto as “the Parties”, have agreed as follows:ARTICLE 1DEFINITIONSFor the purpose of this Agreement, which shall include the Annexhereto, unless the context otherwise requires, the term -(a) “aeronautical authority” means- (i) in the case of the Republic of South Africa, the Minister of Transport; and (ii) in the case of the Republic of China, the Minister of T- ransportation and Communications or in both cases any person or body authorized to perform t- he same or similar functions at present exercised by the sa- id Minister;(b) “Convention” means the Convention on International Civil Av- iation opened for signature at Chicago on the Seventh day of December 1944, and includes any Annex adopted under Article 90 of the Convention and any amendment of the Annexes of Co- nvention under Articles 90 and 94 thereof so far as those A- nnexes and amendments have become effective for or been not- ified by both Parties;(c) “designated airline” means an airline which one Party has d- esignated in writing to the other Party in accordance with Article 2 of this Agreement;(d) “territory”, “air set-vice”, “international air service”, ” airline” and “stop for non- traffic purposes” shall have the meanings respectively assigned to them in Article 2 and 96 of the Convention.ARTICLE 2GRANT OF RIGHTS1. The Parties grant to each other the following rights for the operation of scheduled international air service by the airl- ines of the other party as specified in the Annex to this Ag- reement: (a) the right to fly across its territory without landing; (b) the right to make stops in its territory for non-traffic purposes; and (c) the right to take up and set down in its territory, at the points specified in the Annex, international traffic in passengers, mail and cargo.2. Nothing in paragraph 1 of this Article shall be deemed to co- nfer on the designated airline of one Party the privilege of taking up, in the territory of the other Party, passengers, mail and cargo carried for remuneration or hire and destined for another point in the territory of that other Party unless specified in the Annex.ARTICLE 3MULTIPLE DESIGNATION AND AUTHORIZATION1. Each Party shall have the right to designate in writing to t- he other Party any number of airlines which shall operate the agreed services on the routes specified in the Annex.2. Each Party shall, subject to the provisions of Article 11 wi- thout undue delay, deliver appropriate operating authorizati- on to the designated airlines of the other Party.3. The designated airlines may, however, before being authorized to inaugurate an air service specified in the Annex, be requ- ired to satisfy the aeronautical authority of the other Party that they are qualified to comply with the conditions prescr- ibed in the laws and regulations normally applied by that ae- ronautical authority.4. Each Party reserves the right to withhold or revoke the grant of an operating authorization to a designated airline of the other Party when it is not satisfied that substantial owners- hip and effective control of that designated airline are ves- ted in that other Party or in citizens of that other Party.ARTICLE 4CAPACITY REGULATION1. There shall be fair and equal opportunity for the airlines of both Parties to operate agreed services on the specified rou- tes between their respective territories.2. In operating the agreed services, the airlines of each Party shall take into account the interests of the airlines of the other Party so as not to affect unduly the services which the latter provides on the whole or part of the same route.3. The frequency of the scheduled services to be operated, the type of aircraft to be used and the capacity provided are de- termined in the Annex to its territory of passengers, crew, cargo or mail shall apply to passengers, crew, cargo or mail carried by the aircraft of the designated airlines of the ot- her Party while they are within the said territory.3. Passengers in transit across the territory of the one Party shall bit subject to a simplified control.4. Each Party agrees not to give preference to its own designat- ed airlines over the designated airlines of the other Party in the application of its regulations concerning passports, passport control, visas, immigration, customs, quarantine, e- xchange control or other regulations affecting air transport- ation.ARTICLE 7STATISTICSThe designated airlines of a Party shall, at the request of theaeronautical authority of the other Party, supply such periodicor other statements of statistics as may be necessary to determ-ine the volume of traffic carried on their services specified inthe Annex and the origins and destinations of such traffic.ARTICLE 8SAFETY1. Each Party shall recognize as valid, for the purpose of oper- ating the air transportation provided for in this Agreement, certificates of airworthiness, certificates of competency, a- nd licences issued or validated by the other Party and still in force, provided that the requirements for such certificat- es or licences at least equal the minimum standards which may be established pursuant to the Convention. Each Party may, h- owever, refuse to recognize as valid for the purpose of flig- ht above its own territory, certificates of competency and l- icences granted to or validated for its own nationals by the other Party.2. Each Party may request consultations concerning the safety a- nd security standards maintained by the other Party relating to aeronautical facilities, aircrew, aircraft, and operation of the designated airlines. If, following such consultations, one Party finds that the other Party does not effectively ma- intain and administer safety and security standards and requ- irements in these areas that at least equal the minimum stan- dards which may be established pursuant to the Convention, t- he other Party shall be notified of such findings and the st- eps considered necessary to conform with these minimum stand- ards; and the other Party shall take appropriate corrective action. Each Party reserves the right to withhold, revoke or limit the operating authorization or technical permission of the designated airlines of the other Party in the event the other Party dose not take such appropriate action within a r- easonable time.ARTICLE 9AVIATION SECURITY1. The Parties reaffirm that their obligation to protect, in th- eir mutual relationship, the security of civil aviation agai- nst acts of unlawful interference forms an integral part of this Agreement.2. The Parties shall provide upon request all necessary assista- nce to each other to prevent acts of unlawful seizure of air- craft and other unlawful acts against the safety of passenge- rs, crew, aircraft, airports and air navigation facilities a- nd any other threat to aviation security.3. The Parties shall act in conformity with the provisions of t- he Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Co- nvention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970 and the Convention f- or the Suppression of Acts against the Safety of Civil Aviat- ion, signed at Montreal on 23 September 1971.4. The Parties shall, in their mutual relations, act in conform- ity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to t- he Parties. The Parties shall require that operators of airc- raft of their registry or operators who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conf- ormity with such aviation security provisions.5. Each Party agrees to observe the security provisions required by the other Party for entry into the territory of that other Party and to take adequate measures to inspect passengers, c- rew, their carry-on items as well as cargo prior to boarding or loading. Each Party shall also give positive consideration to any request from the other Party for special security mea- sures for its aircraft or passengers to meet a particular th- reat.6. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of pas- sengers, crew, aircraft, airports and air navigation facilit- ies occurs, the Parties shall assist each other by facilitat- ing communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.7. Should a Party depart from the aviation security provisions of this Article, the aeronautical authority of the other Par- ty may request immediate consultations with the aeronautical authority of that Party in conformity with Article 13 of this Agreement. Failure to reach a satisfactory agreement within sixty (60) days may constitute grounds for implementation of Article 11 of this Agreement.ARTICLE 10CUSTOMS DUTIES AND TAXES1. On arriving in the territory of one Party, aircraft operated in international air transportation by the designated airlin- es of the other Party, its regular aircraft equipment, fuel, lubrications, consumable technical supplies, spare parts inc- luding engines, aircraft stores (including but not limited to such items as food, beverages and liquor, tobacco and other products destined for sale to or use by passengers in limited quantities during the flight), and other items intended for or used solely in connection with the operation or servicing of aircraft engaged in international air transportation shall be exempt, on the basis of reciprocity, from all import rest- rictions, property taxes and capital levies, customs duties, excise taxes, and similar fees and charges imposed by the na- tional authorities, and not based on the cost of services pr- ovided, provided such equipment and supplies remain on board the aircraft.2. There shall also be exemption, on the basis of reciprocity, from the taxes, duties, fees and charges referred to in para- graph (1) of this Article, with the exception of charges bas- ed on the cost of the service provided, as follows: (a) aircraft stores introduced into or supplied in the territ- ory of a Party and taken on board, within reasonable limi- ts, for use on outbound aircraft of the designated airlin- es of the other Party engaged in international air transp- ortation, even when these stores are to be used on a part of the journey performed over the territory of the Party in which they are taken on board; (b) ground equipment and spare parts including engines introd- uced into the territory of a Party for the servicing, mai- ntenance or repair of aircraft of the designated airlines of the other Party used in international air transportati- on; and (c) fuel, lubricants and consumable technical supplies introd- uced into or supplied in the territory of a party for use in an aircraft of the designated airlines of the other Pa- rty engaged in international air transportation, even when these supplies are to be used on a part of the journey pe- rformed over the territory of the Party in which they are taken on board.3. Equipment and supplies referred to in paragraphs (1) and (2) of this Article may be required to be kept under the supervi- sion or control of the appropriate authorities.4. The exemptions provided for by this Article shall also be av- ailable where the designated airlines of one Party has contr- acted with another airline, which similarly enjoys such ex- emptions from the other Party, for the loan or transfer in t- he territory of the Party of the items specified in paragrap- hs (1) and (2) of this Article.5. Each Party shall use its best efforts to secure for the desi- gnated airlines of the other Party, on the basis of reciproc- ity, an exemption from taxes, duties, charges and fees impos- ed by State, regional and local authorities on the items spe- cified in paragraphs (1) and (2) of this Article, as well as from fuel through-put charges, in the circumstances described in this Article, except to the extent that the charges are b- ased on the actual cost of providing the service.ARTICLE 11REVOCATION AND SUSPENSIONNotwithstanding the provisions of Article 3, a Party shall havethe right to revoke, suspend or limit by the imposition of cond-itions, the operating authorization granted to the designated a-irlines of the other Party if those designated airlines, in ope-rating their air service in terms of this Agreement, fail to co-mply with any law or regulation of the firstmentioned Party orfail to comply with any term or condition prescribed in this Ag-reement or in the Annex: Provided that unless immediate suspens-ion is essential to prevent further infringement of a law or re-gulation or term or condition abovementioned, this right shallbe exercised only after consultation with the other Party.ARTICLE 12REMISSION OF EARNINGSEach Party confirms the right of the designated airlines of theother Party to transfer freely at the official rate of exchangeto their respective territories only the excess of receipts overexpenditure earned by those airlines in its territory in connec-tion with the carriage of passengers, mail and cargo.ARTICLE 13CONSULTATIONS1. In a spirit of close co-operation the Parties shall consult each other from time to time with a view to ensuring the imp- lementation of and satisfactory compliance with the provisio- ns of this Agreement and the Annex thereto and shall also co- nsult each other when necessary to provide for modification thereof.2. Either Party may request consultation with the other Party w- hich may be through discussion or by correspondence and shall begin within a period of sixty (60) days of the date of the request, unless both Parties agree to an extension of this p- eriod.ARTICLE 14MODIFICATIONS1. If either Party considers it desirable to modify any provisi- on of this Agreement or its Annex, such modification(s), if agreed upon by the Parties, and if necessary after consultat- ion in accordance with Article 13 of this Agreement, shall c- ome into effect when confirmed by an Exchange of Notes.2. This Agreement and its Annex shall be modified by an Exchange of Notes so as to conform to any multilateral convention whi- ch may hereafter become binding on both Parties.ARTICLE 15ENTRY INTO FORCEThis amended Agreement with its Annex, replacing the BilateralAir Services Agreement between the Government of the Republic ofChina and the Government of the Republic of South Africa signedon the eleventh day of March 1980 in Cape Town, shall enter in-to force upon signature by both parties and shall remain in for-ce indefinitely unless twelve (12) months notice in writing oftermination is given by either party to the other;.IN WITNESS WHEREOF, the undersigned, being duly authorized by t-heir respective Governments, have signed and sealed this Agreem-ent.DONE at Taipei, in duplicate, in the English language this fift-eenth day of November, One Thousand Nine Hundred and Ninety One,corresponding to the fifteenth day of the eleventh month of theEightieth year of the Republic of China. FOR THE GOVERNMENT OF THE REPUBLIC OF CHINA (Signed) DR. FREDRICK F. CHIEN MINISTER OF FOREIGN AFFAIRS FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA (Signed) ROELOF FREDERIK BOTHA MINISTER OF FOREIGN AFFAIRSANNEXSECTION 1ROUTESThe airlines designated to provide air transportation in accord-ance with the Agreement shall be entitled to operate the follow-ing commercial air routes:1. Routes for the airlines designated by the Republic of South Africa: From Johannesburg and/or Durban via any intermediate point(s) to Taipei and/or Kaohsiung and vice versa. There will be no traffic rights between Taipei and Kaohsiung.2. Routes for the airlines designated by the Republic of China: From Taipei and/or Kaohsiung via any intermediate point(s) to Johannesburg and/or Durban and vice versa. There will be no traffic rights between Johannesburg and Dur- ban.3. These routes may also be extended to points beyond without t- raffic rights.SECTION 2STOP-OVER TRAFFIC RIGHTS1. Stop-over traffic rights shall be considered traffic that in- terrupts its journey on the Johannesburg/Durban – Taipei/Kao- hsiung routs at an intermediate point for onward connection to either the territory of the Republic of South Africa or t- he Republic of China.2. Any designated airline of either Party shall be permitted to carry its own stop-over traffic between the intermediate poi- nt(s) and Taipei/Kaohsiung or Johannesburg/Durban provided t- hat those traffic arrive at the intermediate point(s) using only the services of the applicable designated airline. Inte- rmediate points will not serve as points of origin or destin- ation of the traffic.3. This concession may be terminated by either aeronautical aut- hority with immediate effect should it be abused by any of t- he designated airlines.4. Stop-over traffic rights will apply equally to the designated airlines of the respective aeronautical authorities: provided that such rights already afforded to the designated airlines of the one Party may be terminated if the designated airlines of the other Party are unable to obtain similar rights at a specific point.SECTION 3FREQUENCY, CAPACITY AND TYPE OF AIRCRAFT1. If more than one airline provides an air service on behalf of one Party on the same route, then these airlines shall share that Party’s allotted frequencies.2. The designated airlines of either Party may operate a total of two frequencies per week with any type of aircraft on the route specified.3. With effect from November 1992 the designated airlines of ei- ther Party may increase its allotted frequency up to a total frequency of three (3) per week.4. With effect from November 1993 the designated airlines of ei- ther Party may further increase these frequencies to a maxim- um number of six (6) frequencies per week: Provided, however, that the difference in number of frequencies offered per week by the respective Parties may never be more than one frequen- cy per week.5. Any change to the above rules shall be subject to Articles 13 and 14 of this Agreement.SECTION 4FIFTH FREEDOM TRAFFIC RIGHTS No fifth freedom traffic rights will be allowed unless other- wise agreed. FOR THE GOVERNMENT OF THE REPUBLIC OF CHINA (Signed) DR. FREDRICK F. CHIEN MINISTER OF FOREIGN AFFAIRS FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA (Signed) ROELOF FREDERIK BOTHA MINISTER OF FOREIGN AFFAIRS