294-(106)

II SÉRIE-A — NÚMERO 17

7 — A tariff established in accordance with the provisions of this article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than 12 months after the date on which it otherwise

would have expired.

Article 17

Consultations

1 — In order to ensure close cooperation concerning all the issues related to the implementation and application of this Agreement, the aeronautical authorities of the Contracting Parties shall consult each other whenever it becomes necessary, on request of either Contracting Party.

2 — Such consultations shall begin within a period of 60 days from the date of written request by one Contracting Party, unless otherwise agreed by both Contracting Parties.

Article 18 - Modification of Agreement

1 — If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may at any time request consultation to the other Contracting Party. Such consultation shall begin within a period of 60 days from the date of the request, unless otherwise agreed.

2 — Any amendment or modification of this Agreement shall be settled between the Contracting Parties according to their own constitutional procedures' and shall come into effect when it has been confirmed by an exchange of notes through diplomatic channels.

3 — Modification to the annex may be effected by direct agreement between the aeronautical authorities of the Contracting Parties and shall come into force by an exchange of notes through diplomatic channels.

Article 19

Conformity with multilateral convention

The present Agreement and its annex shall be deemed to be amended without further agreement as may be necessary to conform with any multilateral convention or agreement which may become binding on both Contracting Parties.

Article 20 Settlement of disputes

1 — If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by direct negotiation.

2 — If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body, or the dispute may at the request of either Contracting Party be submitted for decision to an arbitral tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shaU nominate an arbitrator within a period of 60 days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration.of the dispute, and the third arbitrator shall be appointed

within a further period of 60 days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified or the third arbitrator is not appointed, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators

as the case requires. In such case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.

3 — The Contracting Parties undertake to comply with any decision given under paragraph 2 of this article.

4 — If and so long as either Contracting Party or the designated airline of either Contracting Party fails to comply with the decision given under paragraph 2 of this article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default.

5 — Each Contracting Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.

Article 21 Termination

1 — Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate the present Agreement; such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case the Agreement shall terminate 12 months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgment of receipt by the other Contracting Party, notice shall be deemed to have been received 14 days after

the receipt of the notice by the International Civil Aviation Organization.

2 — In case any of the designated airlines is operating

the agreed services, the validity of the Agreement shall be extended until the end of the period of the approved timetable.

Article 22 Registration

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

Article 23 Entry into force

This Agreement shall come into force when the Contracting Parties, by an exchange of diplomatic notes, notify each other of the completion of their constitutional requirements.

In witness whereof the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.

Done at this day of ... in____in two originals in the

Portuguese, the Vietnamese and English languages, all texts being equally authentic. In case of any divergence of implementation, interpretation or application, the English text shall prevail.