2006-(12)

II SÉRIE-A — NÚMERO 70

to be appointed by the two so nominated. Each of the Contracting Parties shall 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 the diplomatic channel, 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 of the third arbitrator is not appointed within the period specified, the president of the International Civil Aviation Organisation 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 tribunal.

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 a 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 — Subject to the final decision of the tribunal, the Contracting Parties shall bear in equal proportion, the interim costs of arbitration.

Article 18 Termination

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 Organisation. 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12 months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period.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 acknowledgement 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 Org?n-isation.

Article 19 Registration of agreement and amendments

This Agreement and any subsequent amendments thereto shall be submitted by the Contracting Parties to the International Civil Aviation Organisation for registration.

Article 20

Entry into force

This Agreement shall enter into force after fulfilment of the constitutional requirements by each Contracting Party, which fulfilment shall be notified to the other Contracting Party through the diplomatic Channel. Provided that the date of entry into force shall be the date of the last notification.

In witness whereof, the undersigned, duly authorised by their respective Governments,.have signed and sealed this Agreement in duplicate, in the Portuguese and Eng-

lish languages, both texts being authentic. Provided that in the case of divergence the English text shall prevail.

Done at Johannesburg of this 23rd day of May 1997.

For the Republic of Portugal:

Jose Lamego, Secretary of State of Foreign Affairs and Cooperation.

For the Republic of South Africa:

S. R. Maharaj, Minister of Transport.

ANNEX

Section 1

1 — Routes to be operated in both directions by the airlines designated by the Republic of Portugal:

Points in Portugal-intermediate points in Africa-Johannesburg and/or Cape Town-points beyond in Africa.

2 — Routes to be operated in both directions by the airlines designated by the Government of the Republic of South Africa:

Points in South Africa-intermediate points in Africa-Lisboa and/or Funchal-points beyond in Europe.

3 — Intermediate points and points beyond can be changed at the discretion of a designated airline with prior notice to the other designated airlines and the respective aeronautical authorities.

Section II

1 — To operate the services referred to in paragraph 1 of section i, the airlines designated by the Republic of Portugal shall have the right:

a) To disembark in Johannesburg and/or in Cape Town international traffic in passengers, cargo and mail embarked in Portugal; and

b) To disembark in Portugal international traffic in passengers, cargo and mail embarked in Johannesburg and/or Cape Town.

2 — To operate the services referred to in paragraph 2 of section u, the airlines designated by the Republic of South Africa shall have the right:

a) To disembark in Lisboa and/or Funchal international traffic in passengers, cargo and mail embarked in South Africa; and

b) To disembark in South Africa international traffic in passengers, cargo and mail embarked in Lisboa and/or Funchal.

3 — The designated airlines of both Contracting Parties may omit calling at any of the above mentioned points provided that Johannesburg and/or Cape Town and Lisboa and/or Funchal are not so omitted. Inclusion or omission of such points shall be announced to the public in due time.

4 — The points in the Republic of South Africa and the points in the Republic of Portugal may be operated separately or in combination, in any association.