AGREEMENT BETWEEN JAPAN AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR AIR SERVICES(No1) (SCHEDULE)

THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

DESIRING TO CONCLUDE AN AGREEMENT FOR THE PURPOSE OF ESTABLISHING AIR SERVICES BETWEEN AND BEYOND THEIR RESPECTIVE TERRITORIES,

HAVE ACCORDINGLY APPOINTED THEIR RESPECTIVE REPRESENTATIVES FOR THIS PURPOSE, WHO HAVE AGREED AS FOLLOWS:

ARTICLE 1

FOR THE PURPOSE OF THE PRESENT AGREEMENT, THE PROVISIONS OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION OPENED FOR SIGNATURE AT CHICAGO ON DECEMBER 7, 1944 (HEREINAFTER CALLED "CONVENTION ON INTERNATIONAL CIVIL AVIATION"), WHICH ARE APPLICABLE TO THE AIR SERVICES ESTABLISHED HEREUNDER, SHALL, IN THEIR PRESENT TERMS OR AS AMENDED IN RESPECT OF BOTH CONTRACTING PARTIES IN ACCORDANCE WITH RELEVANT PROVISIONS OF THE CONVENTION.  APPLY BETWEEN THE CONTRACTING PARTIES FOR THE DURATION OF THE PRESENT AGREEMENT.

ARTICLE 2

(1) FOR THE PURPOSE OF THE PRESENT AGREEMENT, UNLESS THE CONTEXT OTHERWISE REQUIRES:-

(A) THE TERM "AERONAUTICAL AUTHORITIES" MEANS, IN THE CASE OF JAPAN, THE MINISTRY OF TRANSPORTATION AND ANY PERSON OR BODY AUTHORISED TO PERFORM ANY FUNCTIONS PRESENTLY EXERCISED BY THE SAID MINISTRY OR SIMILAR FUNCTIONS, AND, IN THE CASE OF THE UNITED KINGDOM, THE MINISTER OF CIVIL AVIATION AND ANY PERSON OR BODY AUTHORISED TO PERFORM ANY FUNCTIONS PRESENTLY EXERCISED BY THE SAID MINISTER OR SIMILAR FUNCTIONS;

(B) THE TERM "DESIGNATED AIRLINE" MEANS AN AIRLINE WHICH ONE CONTRACTING PARTY SHALL HAVE DESIGNATED BY WRITTEN NOTIFICATION TO THE OTHER CONTRACTING PARTY FOR THE OPERATION OF AIR SERVICES ON THE ROUTES SPECIFIED IN SUCH NOTIFICATION, AND WHICH HAS THE APPROPRIATE OPERATING PERMISSION FROM THAT OTHER CONTRACTING PARTY, IN ACCORDANCE WITH ARTICLE 4 OF THE PRESENT AGREEMENT;

(C) THE TERM "TERRITORY" IN RELATION TO A STATE MEANS THE LAND AREAS AND TERRITORIAL WATERS ADJACENT THERETO UNDER THE SOVEREIGNTY, SUZERAINTY, PROTECTION OR TRUSTEESHIP OF THAT STATE;

(D) THE TERM "AIR SERVICE" MEANS ANY SCHEDULED AIR SERVICE PERFORMED BY AIRCRAFT FOR THE PUBLIC TRANSPORT OF PASSENGERS, CARGO OR MAIL;

(E) THE TERM "INTERNATIONAL AIR SERVICE" MIANS AN AIR SERVICE WHICH PASSES THROUGH THE AIR SPACE OVER THE TERRITORY OF MORE THAN ONE STATE;

(F) THE TERM "AIRLINE" MEANS ANY AIR TRANSPORT ENTERPRISE OFFERING OR OPERATING AN INTERNATIONAL AIR SERVICE;

(G) THE TERM "STOP FOR NON-TRAFFIC PURPOSES" MEANS A LANDING FOR ANY PURPOSE OTHER THAN TAKING ON OR DISCHARGING PASSENGERS, CARGO OR MAIL;

(H) THE TERM "SCHEDULE" MEANS THE SCHEDULE TO THE PRESENT AGREEMENT OR AS AMENDED IN ACCORDANCE WITH ARTICLE 15 OF THE PRESENT AGREEMENT.

(2) THE SCHEDULE FORMS AN INTEGRAL PART OF THE PRESENT AGREEMENT, AND ALL REFERENCE TO THE "AGREEMENT" SHALL INCLUDE REFERENCE TO THE SCHEDULE EXCEPT WHERE OTHERWISE PROVIDED.

ARTICLE 3

EACH CONTRACTING PARTY GRANTS TO THE OTHER CONTRACTING PARTY THE RIGHTS SPECIFIED IN THE PRESENT AGREEMENT TO ENABLE ITS DESIGNATED AIRLINES TO ESTABLISH INTERNATIONAL AIR SERVICES ON THE ROUTES SPECIFIED IN THE APPROPRIATE SECTION OF THE SCHEDULE (HEREINAFTER CALLED "AGREED SERVICES" AND "SPECIFIED ROUTES" RESPECTIVELY).

ARTICLE 4

(1) THE AGREED SERVICES ON ANY SPECIFIED ROUTE MAY BE INAUGURATED IMMEDIATELY OR AT A LATER DATE AT THE OPTION OF THE CONTRACTING PARTY TO WHICH THE RIGHTS ARE GRANTED UNDER ARTICLE 3 OF THE PRESENT AGREEMENT, SUBJECT TO THE PROVISIONS OF ARTICLE 11 OF THE PRESENT AGREEMENT AND NOT BEFORE,

(A) THE CONTRACTING PARTY TO WHICH THE RIGHTS HAVE BEEN GRANTED HAS DESIGNATED AN AIRLINE OR AIRLINES FOR THAT ROUTE, AND

(B) THE CONTRACTING PARTY GRANTING THE RIGHTS HAS GIVEN THE APPROPRIATE OPERATING PERMISSION TO THE AIRLINE OR AIRLINES CONCERNED; WHICH IT SHALL, SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS ARTICLE AND OF PARAGRAPH (1) OF ARTICLE 7, BE BOUND TO GRANT WITHOUT DELAY.

(2) EACH OF THE AIRLINES DESIGNATED MAY BE REQUIRED TO SATISFY THE AERONAUTICAL AUTHORITIES OF THE OTHER CONTRACTING PARTY 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.

ARTICLE 5

(1) SUBJECT TO THE PROVISIONS OF THE PRESENT AGREEMENT, THE AIRLINES DESIGNATED BY EACH CONTRACTING PARTY SHALL ENJOY, WHILE OPERATING AN AGREED SERVICE ON A SPECIFIED ROUTE, THE FOLLOWING PRIVILEGES:-

(A) TO FLY WITHOUT LANDING ACROSS THE TERRITORY OF THE OTHER CONTRACTING PARTY;

(B) TO MAKE STOPS IN THE SAID TERRITORY FOR NON-TRAFFIC PURPOSES; AND

(C) TO MAKE STOPS IN THE SAID TERRITORY AT THE POINTS SPECIFIED FOR THAT ROUTE IN THE SCHEDULE FOR THE PURPOSES OF PUTTING DOWN AND OF TAKING ON INTERNATIONAL TRAFFIC IN PASSENGERS, CARGO AND MAIL.

(2) NOTHING IN PARAGRAPH (1) OF THIS ARTICLE SHALL BE DEEMED TO CONFER ON THE AIRLINES OF ONE CONTRACTING PARTY THE PRIVILEGE OF TAKING UP, IN THE TERRITORY OF THE OTHER CONTRACTING PARTY, PASSENGERS, CARGO OR MAIL CARRIED FOR REMUNERATION OR HIRE AND DESTINED FOR ANOTHER POINT IN THE TERRITORY OF THAT OTHER CONTRACTING PARTY.

ARTICLE 6

(1) THE CHARGES WHICH EITHER OF THE CONTRACTING PARTIES MAY IMPOSE, OR PERMIT TO BE IMPOSED, ON THE DESIGNATED AIRLINES OF THE OTHER CONTRACTING PARTY FOR THE USE OF AIRPORTS AND OTHER FACILITIES UNDER ITS CONTROL SHALL NOT BE HIGHER THAN WOULD BE PAID FOR THE USE OF SUCH AIRPORTS AND FACILITIES BY ANY NATIONAL AIRLINE OF THE FIRST CONTRACTING PARTY IN PROVIDING INTERNATIONAL AIR SERVICES.

(2) IN RESPECT OF CUSTOMS DUTIES, INSPECTION FEES AND SIMILAR NATIONAL OR LOCAL DUTIES OR CHARGES ON FUEL LUBRICATING OILS, SPARE PARTS (INCLUDING ASSEMBLED SPARE PARTS), REGULAR AIRCRAFT EQUIPMENT (INCLUDING AIRCRAFT SERVICING EQUIPMENT) AND AIRCRAFT STORES INTRODUCED INTO THE TERRITORY OF ONE CONTRACTING PARTY OR TAKEN ON BOARD AIRCRAFT IN THAT TERRITORY, BY OR ON BEHALF OF THE DESIGNATED AIRLINE OR AIRLINES OF THE OTHER CONTRACTING PARTY AND INTENDED SOLELY FOR USE BY OR IN THE AIRCRAFT OF THOSE AIRLINES, THE DESIGNATED AIRLINES OF THE SECOND CONTRACTING PARTY SHALL, SUBJECT TO COMPLIANCE WITH NORMAL CUSTOMS REGULATIONS, BE ACCORDED, IN ADDITION TO THE TREATMENT PRESCRIBED IN ARTICLE 24 OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, TREATMENT NOT LESS FAVOURABLE THAN THAT GRANTED BY THE FIRST CONTRACTING PARTY TO THE AIRLINES OF THE MOST FAVOURED NATION OR TO ITS NATIONAL AIRLINES ENGAGED IN INTERNATIONAL AIR SERVICES.  NEITHER CONTRACTING PARTY SHALL, HOWEVER, BE OBLIGED TO GRANT TO THE DESIGNATED AIRLINES OF THE OTHER CONTRACTING PARTY EXEMPTION OR REMISSION OF CUSTOMS DUTIES, INSPECTION FEES OR SIMILAR NATIONAL OR LOCAL DUTIES OR CHARGES, UNLESS SUCH OTHER CONTRACTING PARTY GRANTS EXEMPTION OR REMISSION OF THE DUTIES OR CHARGES IN QUESTION TO THE DESIGNATED AIRLINES OF THE FIRST CONTRACTING PARTY.

ARTICLE 7

(1) EACH CONTRACTING PARTY RESERVES THE RIGHT TO WITHHOLD OR REVOKE THE PRIVILEGES SPECIFIED IN PARAGRAPH (1) OF ARTICLE 5 OF THE PRESENT AGREEMENT IN RESPECT OF AN AIRLINE DESIGNATED BY THE OTHER CONTRACTING PARTY, OR TO IMPOSE SUCH CONDITIONS AS IT MAY DEEM NECESSARY ON THE EXERCISE BY THE AIRLINE OF THOSE PRIVILEGES, IN ANY CASE WHERE IT IS NOT SATISFIED THAT SUBSTANTIAL OWNERSHIP AND EFFECTIVE CONTROL OF SUCH AIRLINE ARE VESTED IN THE CONTRACTING PARTY DESIGNATING THE AIRLINE OR IN NATIONALS OF SUCH CONTRACTING PARTY.

(2) EACH CONTRACTING PARTY RESERVES THE RIGHT TO SUSPEND THE EXERCISE BY AN AIRLINE DESIGNATED BY THE OTHER CONTRACTING PARTY OF THE PRIVILEGES REFERRED TO IN PARAGRAPH (1) ABOVE, OR TO IMPOSE SUCH CONDITIONS AS IT MAY DEEM NECESSARY ON THE EXERCISE BY THE AIRLINE OF THOSE PRIVILEGES, IN ANY CASE WHERE SUCH AIRLINE FAILS TO COMPLY WITH THE LAWS AND REGULATIONS OF THE CONTRACTING PARTY GRANTING THOSE PRIVILEGES OR FAILS TO COMPLY WITH A DECISION GIVEN UNDER PARAGRAPH (2) OF ARTICLE 14 OF THE PRESENT AGREEMENT OR OTHERWISE FAILS TO OPERATE IN ACCORDANCE WITH THE CONDITIONS PRESCRIBED IN THE PRESENT AGREEMENT: PROVIDED THAT, UNLESS IMMEDIATE SUSPENSION OR IMPOSITION OF CONDITIONS IS ESSENTIAL TO PREVENT FURTHER INFRINGEMENTS OF LAWS AND REGULATIONS, THIS RIGHT SHALL BE EXERCISED ONLY AFTER CONSULTATION WITH THE OTHER CONTRACTING PARTY.

ARTICLE 8

THERE SHALL BE FAIR AND EQUAL OPPORTUNITY FOR THE AIRLINES OF BOTH CONTRACTING PARTIES TO OPERATE THE AGREED SERVICES ON THE SPECIFIED ROUTES BETWEEN THEIR RESPECTIVE TERRITORIES.

ARTICLE 9

IN THE OPERATION BY THE DESIGNATED AIRLINES OF EITHER CONTRACTING PARTY OF THE AGREED SERVICES, THE INTERESTS OF THE DESIGNATED AIRLINES OF THE OTHER CONTRACTING PARTY SHALL BE TAKEN INTO CONSIDERATION SO AS NOT TO AFFECT UNDULY THE SERVICES WHICH THE LATTER PROVIDES ON ALL OR PART OF THE SAME ROUTES.

ARTICLE 10

(1) THE AGREED SERVICES PROVIDED BY THE DESIGNATED AIRLINES OF THE CONTRACTING PARTIES SHALL BEAR A CLOSE RELATIONSHIP TO THE REQUIREMENTS OF THE PUBLIC FOR SUCH SERVICES.

(2) THE AGREED SERVICES PROVIDED BY A DESIGNATED AIRLINE SHALL RETAIN AS THEIR PRIMARY OBJECTIVE THE PROVISION AT A REASONABLE LOAD FACTOR OF CAPACITY ADEQUATE TO CURRENT AND REASONABLY ANTICIPATED REQUIREMENTS FOR THE CARRIAGE OF PASSENGERS, CARGO AND MAIL BETWEEN THE TERRITORY OF THE CONTRACTING PARTY WHICH HAS DESIGNATED THE AIRLINE AND THE COUNTRIES OF ULTIMATE DESTINATION OF THE TRAFFIC.  PROVISION FOR THE CARRIAGE OF PASSENGERS, CARGO AND MAIL BOTH TAKEN UP AND PUT DOWN AT POINTS ON THE SPECIFIED ROUTES IN THE TERRITORIES OF STATES OTHER THAN THAT DESIGNATING THE AIRLINE SHALL BE MADE IN ACCORDANCE WITH THE GENERAL PRINCIPLES THAT CAPACITY SHALL BE RELATED TO:-

(A) TRAFFIC REQUIREMENTS BETWEEN THE TERRITORY OF THE CONTRACTING PARTY WHICH HAS DESIGNATED THE AIRLINE AND THE COUNTRIES OF ULTIMATE DESTINATION OF THE TRAFFIC;

(B) THE REQUIREMENTS OF THROUGH AIRLINE OPERATION; AND

(C) TRAFFIC REQUIREMENTS OF THE AREA THROUGH WHICH THE AIRLINE PASSES, AFTER TAKING ACCOUNT OF OTHER TRANSPORT SERVICES ESTABLISHED BY AIRLINES OF THE STATES COMPRISING THE AREA.

ARTICLE 11

(1) THE TARIFFS ON ANY AGREED SERVICE SHALL BE ESTABLISHED AT REASONABLE LEVELS, DUE REGARD BEING PAID TO ALL RELEVANT FACTORS INCLUDING COST OF OPERATION, REASONABLE PROFIT, CHARACTERISTICS OF SERVICE (SUCH AS STANDARDS OF SPEED AND ACCOMMODATION) AND THE TARIFFS OF OTHER AIRLINES FOR ANY PART OF THE SPECIFIED ROUTE.  THESE TARIFFS SHALL BE FIXED IN ACCORDANCE WITH THE FOLLOWING PROVISIONS OF THIS ARTICLE, AND, FOR THE PURPOSES OF PARAGRAPHS (2), (3), (4) AND (5) OF THIS ARTICLE, SHALL BE DEEMED TO INCLUDE THE RATES OF AGENCY COMMISSION USED IN CONJUNCTION WITH THEM.

(2) AGREEMENT ON THE TARIFFS SHALL, WHEREVER POSSIBLE, BE REACHED BY THE DESIGNATED AIRLINES CONCERNED THROUGH THE RATE-FIXING MACHINERY OF THE INTERNATIONAL AIR TRANSPORT ASSOCIATION.  WHEN THIS IS NOT POSSIBLE, TARIFFS IN RESPECT OF EACH OF THE SPECIFIED ROUTES AND SECTORS THEREOF SHALL BE AGREED BETWEEN THE DESIGNATED AIRLINES CONCERNED AFTER COMMUNICATION WITH OTHER AIRLINES OPERATING OVER THE WHOLE OR PART OF THAT ROUTE.  IN EITHER CASE THE TARIFFS SO AGREED SHALL BE SUBJECT TO THE APPROVAL OF THE AERONAUTICAL AUTHORITIES OF BOTH CONTRACTING PARTIES.

(3) IF THE DESIGNATED AIRLINES CANNOT AGREE ON ANY OF THESE TARIFFS, OR IF FOR SOME OTHER REASON A TARIFF CANNOT BE AGREED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (2) OF THIS ARTICLE, THE AERONAUTICAL AUTHORITIES OF THE CONTRACTING PARTIES SHALL TRY TO DETERMINE THE TARIFF BY AGREEMENT BETWEEN THEMSELVES.

(4) IF THE APPROVAL OF THE AERONAUTICAL AUTHORITIES OF BOTH CONTRACTING PARTIES OF ANY TARIFF SUBMITTED TO THEM UNDER PARAGRAPH (2) OF THIS ARTICLE CANNOT BE GIVEN, OR THE DETERMINATION OF ANY TARIFF UNDER PARAGRAPH (3) CANNOT BE MADE, THE DISPUTE SHALL BE SETTLED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 14 OF THE PRESENT AGREEMENT.

(5) NO NEW TARIFF SHALL COME INTO EFFECT IF THE AERONAUTICAL AUTHORITIES OF EITHER CONTRACTING PARTY ARE DISSATISFIED WITH IT EXCEPT UNDER THE TERMS OF PARAGRAPH (3) OF ARTICLE 14 OF THE PRESENT AGREEMENT.  PENDING DETERMINATION OF THE TARIFFS IN ACCORDANCE WITH THE PROVISIONS OF THE PRESENT ARTICLE, THE TARIFFS ALREADY IN FORCE SHALL PREVAIL.

ARTICLE 12

THE AERONAUTICAL AUTHORITIES OF EITHER CONTRACTING PARTY SHALL SUPPLY TO THE AERONAUTICAL AUTHORITIES OF THE OTHER CONTRACTING PARTY AT THE LATTER'S REQUEST SUCH PERIODIC OR OTHER STATEMENTS OF STATISTICS AS MAY BE REASONABLY REQUIRED FOR THE PURPOSE OF REVIEWING THE CAPACITY PROVIDED ON THE AGREED SERVICES BY THE DESIGNATED AIRLINES OF THE FIRST CONTRACTING PARTY.  SUCH STATEMENTS SHALL INCLUDE ALL INFORMATION REQUIRED TO DETERMINE THE AMOUNT OF TRAFFIC CARRIED BY THOSE AIRLINES ON THE AGREED SERVICES AND THE ORIGINS AND DESTINATIONS OF SUCH TRAFFIC.

ARTICLE 13

IT IS THE INTENTION OF BOTH CONTRACTING PARTIES THAT THERE SHOULD BE REGULAR AND FREQUENT CONSALTATION BETWEEN THE AERONAUTICAL AUTHORITIES OF THE CONTRACTING PARTIES TO ENSURE CLOSE COLLABORATION IN ALL MATTERS AFFECTING THE FULFILMENT OF THE PRESENT AGREEMENT.

ARTICLE 14

(1) 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.

(2) IF THE CONTRACTING PARTIES FAIL TO REACH A SETTLEMENT BY NEGOTIATION, THE DISPUTE MAY AT THE REQUEST OF EITHER CONTRACTING PARTY BE SUBMITTED FOR DECISION TO A TRIBUNAL OF THREE ARBITRATORS, ONE TO BE NAMED BY EACH CONTRACTING PARTY AND THE THIRD TO BE AGREED UPON BY THE TWO ARBITRATORS SO CHOSEN, PROVIDED THAT SUCH THIRD ARBITRATOR SHALL NOT BE A NATIONAL OF EITHER CONTRACTING PARTY.  EACH OF THE CONTRACTING PARTIES SHALL DESIGNATE AN ARBITRATOR WITHIN TWO MONTHS OF THE DATE OF RECEIPT BY EITHER CONTRACTING PARTY FROM THE OTHER CONTRACTING PARTY OF A DIPLOMATIC NOTE REQUESTING ARBITRATION OF THE DISPUTE AND THE THIRD ARBITRATOR SHALL BE AGREED UPON WITHIN A FURTHER PERIOD OF TWO MONTHS.  IF EITHER OF THE CONTRACTING PARTIES FAILS TO DESIGNATE ITS OWN ARBITRATOR WITHIN TWO MONTHS OR IF THE THIRD ARBITRATOR IS NOT AGREED UPON WITHIN THE PERIOD INDICATED, THE PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE MAY BE REQUESTED BY EITHER CONTRACTING PARTY TO APPOINT AN ARBITRATOR OR ARBITRATORS.

(3) THE CONTRACTING PARTIES UNDERTAKE TO COMPLY WITH ANY DECISION GIVEN UNDER PARAGRAPH (2) OF THIS ARTICLE.

ARTICLE 15

EITHER CONTRACTING PARTY MAY AT ANY TIME REQUEST CONSULTATION WITH THE OTHER CONTRACTING PARTY FOR THE PURPOSE OF AMENDING THE PRESENT AGREEMENT, SUCH CONSULTATION TO BEGIN WITHIN A PERIOD OF SIXTY DAYS FROM THE DATE OF REQUEST.  IF THE AMENDMENT RELATES ONLY TO THE SCHEDULE, THE CONSULTATION SHALL BE BETWEEN THE AERONAUTICAL AUTHORITIES OF BOTH CONTRACTING PARTIES.  WHEN THESE AUTHORITIES AGREE ON A NEW OR REVISED SCHEDULE, THEIR RECOMMENDATIONS ON THE MATTER WILL COME INTO EFFECT AFTER THEY HAVE BEEN CONFIRMED BY AN EXCHANGE OF DIPLOMATIC NOTES.

ARTICLE 16

IF A GENERAL MULTILATERAL CONVENTION CONCERNING AIR TRANSPORT COMES INTO FORCE IN RESPECT OF BOTH CONTRACTING PARTIES, THE PRESENT AGREEMENT SHALL BE AMENDED SO AS TO CONFORM WITH THE PROVISIONS OF SUCH CONVENTION.

ARTICLE 17

EITHER OF THE CONTRACTING PARTIES MAY AT ANY TIME NOTIFY THE OTHER OF ITS INTENTION TO TERMINATE THE PRESENT AGREEMENT.  A COPY OF THE NOTICE SHALL BE SENT SIMULTANEOUSLY TO THE INTERNATIONAL CIVIL AVIATION ORGANIZATION.  IF SUCH NOTICE IS GIVEN, THE PRESENT AGREEMENT SHALL TERMINATE ONE YEAR AFTER THE DATE OF RECEIPT BY THE OTHER CONTRACTING PARTY OF THE NOTICE TO TERMINATE, UNLESS BY AGREEMENT BETWEEN THE CONTRACTING PARTIES THE NOTICE UNDER REFERENCE IS WITHDRAWN BEFORE THE EXPIRATION OF THAT PERIOD.  IF THE OTHER CONTRACTING PARTY FAILS TO ACKNOWLEDGE RECEIPT, NOTICE SHALL BE DEEMED TO HAVE BEEN RECEIVED FOURTEEN DAYS AFTER RECEIPT BY THE INTERNATIONAL CIVIL AVIATION ORGANIZATION OF ITS COPY.

ARTICLE 18

THE PRESENT AGREEMENT AND THE DIPLOMATIC NOTES EXCHANGED IN ACCORDANCE WITH ARTICLE 15 SHALL BE REGISTERED WITH THE INTERNATIONAL CIVIL AVIATION ORGANIZATION.

ARTICLE 19

THE PRESENT AGREEMENT SHALL BE RATIFIED AND INSTRUMENTS OF RATIFICATION SHALL BE EXCHANGED AT LONDON AS SOON AS POSSIBLE.  THE PRESENT AGREEMENT SHALL ENTER INTO FORCE ON THE DATE OF EXCHANGE OF INSTRUMENTS OF RATIFICATION.

IN WITNESS WHEREOF, THE UNDERSIGNED, BEING DULY AUTHORIZED BY THEIR RESPECTIVE GOVERNMENTS, HAVE SIGNED THE PRESENT AGREEMENT.

DONE IN DUPLICATE, IN THE JAPANESE AND ENGLISH LANGUAGES, BOTH EQUALLY AUTHENTIC, AT TOKYO, THIS TWENTY NINTH DAY OF DECEMBER, 1952.

FOR JAPAN:

KATSUO OKAZAKI

FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:

ESLER DENING

SCHEDULE

SECTION I

ROUTES TO BE OPERATED BY THE DESIGNATED AIRLINE OR AIRLINES OF JAPAN:

1. TOKYO-OSAKA-FUKUOKA-OKINAWA-POINTS ON THE MAINLAND OF CHINA TO BE AGREED AND/OR ON THE ISLAND OF FORMOSA-HONG KONG OR MANILA-POINTS IN INDO-CHINA-BANGKOK-POINTS IN BURMA-COLOMBO-POINTS IN INDIA AND EAST AND WEST PAKISTAN-POINTS IN THE MIDDLE EAST-ROME-ZURICH OR FRANKFURT ON MAIN-PARIS-LONDON-PRESTWICK.

2. FUKUOKA-OSAKA-TOKYO-POINTS IN THE UNITED STATES OF AMERICA (INCLUDING THE ALEUTIANS, ALASKA, WAKE, MIDWAY, HONOLULU)-POINTS IN CANADA-A POINT IN ICELAND-A POINT IN EIRE-PRESTWICK-LONDON.

3. TOKYO-OSAKA-FUKUOKA-OKINAWA-POINTS ON THE MAINLAND OF CHINA TO BE AGREED AND/OR ON THE ISLAND OF FORMOSA-HONG KONG-SAIGON OR BANGKOK-SINGAPORE-JAKARTA.

4. TOKYO-OSAKA-FUKUOKA-OKINAWA-POINTS ON THE MAINLAND OF CHINA TO BE AGREED AND/OR ON THE ISLAND OF FORMOSA-HONG KONG.

THE AGREED SERVICES PROVIDED BY THE DESIGNATED AIRLINE OR AIRLINES OF JAPAN ON THESE ROUTES SHALL BEGIN AT A POINT IN THE TERRITORY OF JAPAN, BUT OTHER POINTS ON ANY OF THE ROUTES MAY AT THE OPTION OF THE DESIGNATED AIRLINE BE OMITTED ON ANY OR ALL FLIGHTS.

SECTION II

ROUTES TO BE OPERATED BY THE DESIGNATED AIRLINE OR AIRLINES OF THE UNITED KINGDOM:

1. POINTS IN THE UNITED KINGDOM-POINTS IN EUROPE-POINTS IN THE MIDDLE EAST-POINTS IN INDIA AND WEST AND EAST PAKISTAN-(RANGOON OR MANDALAY-BANGKOK) OR (COLOMBO-SINGAPORE)-SAIGON-MANILA OR HONG KONG-POINTS ON THE MAINLAND OF CHINA TO BE AGREED-OKINAWA-FUKUOKA-OSAKA-TOKYO.

2. POINTS IN THE UNITED KINGDOM-A POINT IN EIRE-A POINT IN ICELAND-POINTS IN CANADA-POINTS IN THE UNITED STATES OF AMERICA (INCLUDING ALASKA, THE ALEUTIANS, HONOLULU, MIDWAY, WAKE)-TOKYO-OSAKA-FUKUOKA-POINTS ON THE MAINLAND OF CHINA TO BE AGREED-OKINAWA-HONG KONG-SINGAPORE.

3. SINGAPORE-SAIGON OR BANGKOK-HONG KONG-POINTS ON THE MAINLAND OF CHINA TO BE AGREED AND/OR ON THE ISLAND OF FORMOSA-OKINAWA-FUKUOKA-OSAKA-TOKYO.

4. HONG KONG-POINTS ON THE MAINLAND OF CHINA TO BE AGREED AND/OR ON THE ISLAND OF FORMOSA-OKINAWA-FUKUOKA-OSAKA-TOKYO.

THE AGREED SERVICES PROVIDED BY THE DESIGNATED AIRLINE OR AIRLINES OF THE UNITED KINGDOM ON THESE ROUTES SHALL BEGIN AT A POINT IN THE TERRITORY OF THE UNITED KINGDOM, BUT OTHER POINTS ON ANY OF THE ROUTES MAY AT THE OPTION OF THE DESIGNATED AIRLINE BE OMITTED ON ANY OR ALL FLIGHTS.

MONSIEUR L'AMBASSADEUR, WITH REFERENCE TO THE AGREEMENT BETWEEN JAPAN AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR AIR SERVICES SIGNED TODAY, I HAVE THE HONOUR TO STATE THAT THE FOLLOWING IS THE UNDERSTANDING OF THE JAPANESE GOVERNMENT:-

1. WHILE THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND RECOGNISE THAT FOR THE TIME BEING ADMINISTRATIVE, LEGISLATIVE AND JURISDICTIONAL AUTHORITY IN OKINAWA IS VESTED IN THE UNITED STATES ADMINISTRATION THERE UNDER ARTICLE 3 OF THE TREATY OF PEACE WITH JAPAN, SUCH RECOGNITION IS WITHOUT PREJUDICE TO ANY CLAIM JAPAN MAY HAVE TO THE RESIDUAL SOVEREIGNTY OVER OKINAWA.

2. THE GOVERNMENT OF THE UNITED KINGDOM UNDERSTAND THAT IF JAPAN RESUMES THE EXERCISE OF ADMINISTRATIVE, LEGISLATIVE AND JURISDICTIONAL AUTHORITY OVER OKINAWA, THE DESIGNATED AIRLINES OF THE UNITED KINGDOM WOULD, FROM THE DATE OF SUCH RESUMPTION, CEASE TO EXERCISE TRAFFIC RIGHTS AT OKINAWA; IN WHICH CASE THE GOVERNMENT OF JAPAN WILL ENTER WITHOUT DELAY INTO NEGOTIATIONS WITH THE GOVERNMENT OF THE UNITED KINGDOM IN RESPECT OF SUCH RIGHTS.

I HAVE FURTHER THE HONOUR TO REQUEST YOUR EXCELLENCY TO BE GOOD ENOUGH TO CONFIRM, ON BEHALF OF YOUR GOVERNMENT THAT THIS IS ALSO THE UNDERSTANDING OF THE GOVERNMENT OF THE UNITED KINGDOM.

I AVAIL MYSELF OF THIS OPPORTUNITY TO RENEW TO YOUR EXCELLENCY, MONSIEUR L'AMBASSADEUR, THE ASSURANCE OF MY HIGHEST CONSIDERATION.

TOKYO, DECEMBER 29, 1952

KATSUO OKAZAKI MINISTER FOR FOREIGN AFFAIRS

HIS EXCELLENCY SIR ESLER DENING, AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED KINGDOM, TOKYO.

MONSIEUR LE MINISTRE, I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR EXCELLENCY'S NOTE OF TODAY'S DATE READING AS FOLLOWS:

"WITH REFERENCE TO THE AGREEMENT BETWEEN JAPAN AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR AIR SERVICES SIGNED TODAY, I HAVE THE HONOUR TO STATE THAT THE FOLLOWING IS THE UNDERSTANDING OF THE JAPANESE GOVERNMENT:

"1. WHILE THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND RECOGNISE THAT FOR THE TIME BEING ADMINISTRATIVE, LEGISLATIVE AND JURISDICTIONAL AUTHORITY IN OKINAWA IS VESTED IN THE UNITED STATES ADMINISTRATION THERE UNDER ARTICLE 3 OF THE TREATY OF PEACE WITH JAPAN, SUCH RECOGNITION IS WITHOUT PREJUDICE TO ANY CLAIM JAPAN MAY HAVE TO THE RESIDUAL SOVEREIGNTY OVER OKINAWA.

"2. THE GOVERNMENT OF THE UNITED KINGDOM UNDERSTAND THAT IF JAPAN RESUMES THE EXERCISE OF ADMINISTRATIVE, LEGISLATIVE AND JURISDICTIONAL AUTHORITY OVER OKINAWA, THE DESIGNATED AIRLINES OF THE UNITED KINGDOM WOULD, FROM THE DATE OF SUCH RESUMPTION, CEASE TO EXERCISE TRAFFIC RIGHTS AT OKINAWA; IN WHICH CASE THE GOVERNMENT OF JAPAN WILL ENTER WITHOUT DELAY INTO NEGOTIATIONS WITH THE GOVERNMENT OF THE UNITED KINGDOM IN RESPECT OF SUCH RIGHTS.

"I HAVE FURTHER THE HONOUR TO REQUEST YOUR EXCELLENCY TO BE GOOD ENOUGH TO CONFIRM, ON BEHALF OF YOUR GOVERNMENT THAT THIS IS ALSO THE UNDERSTANDING OF THE GOVERNMENT OF THE UNITED KINGDOM."

I HAVE THE HONOUR TO CONFIRM ON BEHALF OF MY GOVERNMENT THAT THIS IS ALSO THE UNDERSTANDING OF THE GOVERNMENT OF THE UNITED KINGDOM.

I AVAIL MYSELF, MONSIEUR LE MINISTRE, OF THIS OPPORTUNITY TO RENEW TO YOUR EXCELLENCY THE ASSURANCE OF MY HIGHEST CONSIDERATION.

TOKYO, 29TH DECEMBER, 1952.

ESLER DENING

HIS EXCELLENCY MR. KATSUO OKAZAKI, MINISTER FOR FOREIGN AFFAIRS, TOKYO.