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AGREEMENT DET\YEEN THE GOVERNMENT OF THE HEPUDLIC
OF' INDONESIA AND THE GOVERNMENT
OF NORWAY
FOH AIR SERVICES BETWEEN THEin ngsPECTIVE
TERRITO JU ES

•

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The Government of the Republic of Indonesia and
the Government of Norway
Deing parties to the Convention on International
Civil Aviation opened for signature at Chicago on the
seventh day of December, 1944 and
Desiring to conclude an Agreement, supplementary

to the said Convention, for the purpose of establishing
air services between Indonesian and Norwegian
Have agreed as follows ·:

ｴ･ｲｩｾｯｳ＠

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•

2.

ARTICLE

1

For the purpose of the present Agreement, unless
the context otherwise requires :
(a) the term " the Convention " means the Convention
on International Civil Aviation opened for

signature at Chicago on the seventh day of
December 1944 and includes any annex adopted
under Article 90 of that Convention and any
amendment of the Annexes or Convention under
Articles 90 or 94 thereof;
(b) the term " aeronautical authority " means, in
the case of the Republic of Indonesia the
MinistP.r of Communications and any person or
body authorised to perform functions at present
exercised by the said Minister of similar functions,
and, in tha case of Norway, the Directorate of
Civil Aviation and any

or body authorised
ｰ･ｲｾｯｮ＠

to perform any functions at present exercised by
the said Directorate or similar functions;
(c) the term " designated .airline "means an airline
which one Contracting Party shall have designated,

by written notification to
ｴ｢･ｾｯｨｲＧ＠

ｃｯｮｴｲ｡ｾｩｧ＠

.-

Party, in accordance with Article 3 of the present
Agreement, for the operation of air services on
the routes specified in such notifications;

(d) the term

......

(d) the term "territory 0 in relation to a ｾｈ｡ｴ･＠
shall have the meaning assigned ·to it in
Article 2 of the Convention;
(e) the terms "air service", "international air service",
"airlino" and "stop for non-traffic pu.eposes" have

the

ｭ･｡ｾｮｧｳ＠

respectively assigned to them in

Article 9G of the Convention •

•
( 1) Por tho operaLion of regular intcrna tion:il uir

services each Contracting l)arty granto to the airline
or airlines designatod by the other Contracting l'arty
(a) the right to fly without landing acroi:iE• the
territory of the other Contracting I'ar Ly
(b) the :right to make otops in said territory
for no11-traf fic 1mrposeo.
(2) For the operation of ree;ular ｩｮＭｾｯｲ｡ｴｬ＠

•
ｾ･ｲｶｩ｣｡＠

air

over the routeu upecifiecl in the Armex to thin

Agreement (hereinafter called 11 thc ac;reed serv:Lcos 11 and
"the specified routea") euch Contracting Party futher

grants to the airlino or airlines designutctl by the other
Contructins Party

the right to make utops in the territory of
the other Contracting Purty for the purpoce
of embarking o.nd dlscrnbarkine i.nterna tional

traffic in puusengcrs, cnrgo and mail at the
points opccified in the Annex.

(3)

l'JothJng in pal'agraph ( 2) 01' this Artj_cl e ohall be

cleomod. to confer on tho ｡ｩｲｬｮｾ＠

the privilege of ｴｾ｣ｩｮｧ＠

of one CoirtractinG l)arty

up, in the territory of the

o th or Contracting l\irty, pas sengerc, car co or mail
carried with or vi'i thou t remuneration or hire and destined
for another point in the torritory of that other

Contracting Party.
Ho twi tho tandi ne; the prov hd Cil1D of paragrap}rn ( 1 )

( 4)

•

and (2) of this Ar·Licle, the

operaLion of acreed

services in arcau of hostiliticn or military occupation,
or in nrcac; a.ffccted thcreuy, shall, in accorunncc with
Article 9 of the Convention, be oubject to the approval
of the competent military authorities.

Each Contracting Party shall designate in vrri tin0

( 1)

•

to the other Contractin6 l)arty one or more airlineu

for tho purpoac of operatine·the agreed acrviccs on
the specified routes.
(2)

On receipt of the clooigna.tion, the other CoIJtractj_ng

l arty shal1 ｾｲｮ｢ｪ｣ｴ＠
1

to the provioiom; of pn.ro.graphs (3)

ond ( 4) of thin Article, wJ thou t delaJ' Grant to the

airline or ｵｩｲｬｮ･ｾｊ＠

designc. ted the appropiate opcro. tine

authorisation.
( 3)

ｔｨＡ［ｾ＠

aeronautical authorj_ tics of one Contracting

1 arty muy require an airline ､･Ｚ［ｩｾｮ｡ﾷ｣ｵ＠
1

by the other

Contracting I'nrts to rrntisfy them thcd; it is q_ualifj_ed

to fulfil •••••

to fulfil the conditions prescribed uncter the laws
and regulations normally and reasonably npµlied by
them in c.:onformi ty· with the provinions of the
convention to the operation of international commercial
nir services.
(4) Bach Contractint:; Party chall have the riGht to

refuse to ｡｣

tho deuit?;nation of an airline and to

vti thhold or revoke the gro.nt to an airline : of the

privileeo3 specified in ｰ｡ｲ｣ｾｨ＠

(2) of Article 2 of the

present Agreement or to impooc such conditions as it may

•

•

ｾ ｾｰｴ＠

deem necdssary on the ｣ｾｸ･ｲｩｳ＠

by an airline of those

privilct;es in any case where it is not G1:1.tisficd that
substanti::11 ownership und cffectievc control

Of'

that

airline arc vested in the Contractinc J?arty ､｣ｾｴ［ｮ｡ｩ＠
the airline or in nationals of the Contracting Party
､｣ｾｩｧｮ｡ｴ＠

the airlines.
(5) At any time c:lfter the provisions of pnrnt_(raphs (1)

and (2) of this ａｲｴｩ｣ｬ･ｾ＠

have been complied with, an airline

so designated and authorised may begin to operate the
aerced services, providP.d that a · service shall not be
operated unlcso a tariff in in force in respect of it
established in accordance with the provisions of Article

7 of the present Aerccment.
(6) Each Contracting :Party shall have the rieht to

suspend the exercise by an airline of the privileges
specified in paragraph (2) of Article 2 of the present
Aerecinent or to impose such conditions as it may deem

riecc13sary

.........

•

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6.

necesf;ary on the ･ｸＨｾｲ｣ｩｳｯ＠
by l:l.n airline of those pri vileces
in nny case ｷｨ･ｲｾ＠
the ｡ｩｲｬｮ･ｾ＠
£ail0 to comply with the
laws and regulations of the Contra.cting Party granting
those privileges or otherwise fails to operate in
accordance with the conditions prescribed in the present
Agreement; provided that, unless immediate ｳｵｾ･ｮｩｯ＠
or imposition of conditions is essential to prevent
fu:t:t.her infrint;cinents of laws or reeulo.tiorn_;, this right
shall be exercised only after conGultation with the other
Contructine Party.
Pil\TICLE 4

(1) Aircraft operated by

a designated airline of either

Contracting Party and entcrinc, dcpartir1c again from, or
flyinc across the territory of the other Contracting
Party, as well as fuel, lubricrLnts, spare parts, recular
equipment and aircraft storeo on board such aircraft,
shall be exempt from customs dutieE: and other chart__:es·
levied on tho occasion of importation, exportation
or transit of goods. This shall also apply to goods on
board the aircraft consumed durint; the flight across
the territory of the latter Contracting Party.
(2) Fuel, lubricants, aircraft stores, opnra partG
and regular equipment, tomporarily imported into the
territory of either Contracting Pnrty, there to be

immediately •••••.•.•.

•

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7.

immediately or after storage installed in or otherwise
taken on board the aircraft of a designated airline of
the other Contracting Party, or to be otherwise exported
again from the territory of the former Contracting Party,
shall be exempt from the customs duties and other charges
mentioned in paragraph (1) of this Article.
(3) Fuel and lubricants taken on board the aircraft

of a designated airline of either Contracting Party
in the territory of the other Contracting Party and
used in international air services, shall be exempt
from the customs duties and other charges mentioned
in paragraph (1) of this Article, as well as from any
other special consumption charges, provided that formal
customs regulations are complied with.

(4) Each Contracting Party may keep the goods mentioned
in paragraphs (1) to (J) of this Article under customs
supervision or control.
(5) In so far as no duties or other charges are

imposed on goods mentioned in paragraphs (1) to (3)
of this Article, such e;oods shall not be subject to any
economic prohibitions or restrictions on importation,
exportation and transit that may otherwise be applicable
unless such prohibition or restriction applies to all
airlines including the national airlines in respect to
certain items mentioned in paragraphs (1) to (3) of
this Article.

(6)

•

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( G)

r110 tTc:ntmcnt ｾｰ･｣ｩｦ､＠

1

in thh; .Arti cle ::::hall

be in addition to and without prejudice to that
which each Contrac Linc l)arty

j.0

under o bliga ti on

to accord under Article 24 of tlw

The charces imponed by either
for the use of airports and air

Convention •

Contrnctinc l'arty

ｮｶｩＨＮ｟ｾ｡ｴｯ＠

facilities

by tho aircraft of the desiBnated airline of the other
Contracting Party uhall not be higher than those paid
by

(1)

ito na-tionnl aircraft operating international aervicoc.

There shall be fair and oqunl opportunity for

the designated airlines of both Contractinc; Parties
to operate the agreed cervicoc on the opecified routes
between their rcop(;ctiv:c te:n·itorics.

( 2)

In operating Urn agreed oervices, the designated

airlines of each Contracting Party shall tnke into
account the intereat of the desicnatcd ai11lnea of
the other Contractine Party so as not to affect unduly

the services which the latter provide on the whole or
part of the same route.

( 3)

The •••••

•

•

( 3)

The agreed :iervices provided ｢ｾｶ＠

the cle::.1ignatcd

airlines of the Contracting Parties shall bear close
rcln.tionship to the rec1uirernents of the public for
trnnGJ)ortution on the opccificcl routes and shall have
as their primary objcc·tive the provision of a capacity
ndequu te to carry thG current and reauona'bly anticipated

roq_uirernents for .the ca:rriagc of passengern, carc;o and

mail originating from or destined for the territory of
the Contracting l)arty which has uesignatod the airline.
Provision for the carriage of pacsengers, cureo
and mail both taken up and put down at points on the
specified routes in the territories of

ｾｈｮｴ･Ｚｊ＠

other

than that designating the airline shall he mack in

accon1unce with the general principlcG that cu1)nci ty
shall be re.lo. tccl to:

(i)

traffic requiroments to and from the
territory of the Contracting Party which
has designated the airline;

(ii) traffic requirements of the · area through
which the airline passes, after taking

account of other transport service::; established
by uirlincc of the States compric;inc_; the area;
und

(iii)the requirements of through airline operation.

ARTICLE 7 · •.•..••

•

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10.

7.
ａｈｔｉｃｌｊｾ＠

(1)

The turiffa to be ｣ｨ｡ｲｧｾ｢ｹ＠

the deaignated

airlines of one Contracting Party for carriage to
or from the territory of the other Contruc-tinc_;;;

Party shall be established at reasonable levels,
due regard being paid to all rolcvantfactoro including

coat of operation, reasonable profit,charucteristico
of service (such

8.G

ｾＭ［ｴ｡ｮ､ｲｳ＠

of speed and accommodation)

and the tariffo o.r other airlin"J3 for any part of the

specified route. rrhe;rn tariffs shall be fixed in
accordm1cc with the folloYJing
( 2)

of this Article.
ｰｲｯｶｩｾＺＮ､ｮｳ＠

'flw tariffs referred to iri paragraph ( 1) of this

Article, together with the r1.:.i.tes

or

agency comrnisoion

used in conjunction with them shall, if posaible be

agreed in respect of cc.ch o.f the specified routes bctv;ucn
the dcnig11atecl air linen concerned, in conrrnltation with
other airlines opcrntinG over the v.-hole or part of that

route, and such agreement. shall, where pouciolc, be
reached Un'ouch the rn tofixinG muchi1wry of the In-tcrna ti onal Air '.Li·un::::iport A csocj_atio:n. The tariffn so

agreed Ghall be oubject to the approval of the aeronautical author1 ｴｩ｣ｾｊ＠

( 3)

of both Con true ｴｩｮｾＺ＠

If the ､｣ｳｩｲｾｵ｡ｴｯ＠

of these k1.i·iffs,

far tie:J.

o.irlinc0 cmmo L agree on any
OT

if for oomc other reaoon a tnrii'f

cmmot be agreed in uccordancc with tlw proviuionn of

pnragrnph( 2) of Ll1i s Article, the acron::i.uticnl

mt thori tic D .....

11.
authori tieG of the Contro.ctine; l)artieo :::;hnll try to
determine the tariffs l)y agreement between thcmsel veu.
( 4) If the aeronaut:Lcal authorities cannot at;rec on
the approval of any turiff ·cubmi t tcd to Uwm unclor

paragraph (2) of this Article or on tho determination
of any tariff under paraernph

settled in accordance with the provisiona of Article
10 of

ﾷ ｾｨ･＠

present Agreement.

(5) (a) No tariff nhnll come into force if the

••

•

ＮＭｫｾ｜ｉ＠

(3), the di3pute.be

aeronautic::ll authoi,itics of either Contr8cting
l1o.rty

are diouut1sfied with it except uuder

the provioiono of paragraph (3) of Article 10

of the present Agreement.
(b) When tariffs have been established in accordance
with the provisions of this Article, these
tariffs ohall remain in force until ncv1 tariffs
have 1)een eutablished in accordance nith the
provisions of this Article •

'rhe aeronautical authorities of ci ther Contracting

Party shall supply to the aeronautico.l authorities of
the

ｯｴｬｾ｣ｲ＠

Contracting Party at their request such

periodic or other statements of

ｂｴｵｩｾｔ｣ｳ＠

as may be

reasonably reC]_uircd for the purpose of reviewing 'Lhe
capacity provided on the agreed services by the
'dcuignatcd airline or airlines of the first Contracting
Party.

ａｈｾＧｉｃｔＬＡＺ［＠

9 ••••••••

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12.

9
ａｈｔｉｃｬｾｅ＠

There shall be regular and frequent consultation
between the ueronautico.l authorities of the
ｃｯｮｴｲ｡｣ｩｾ＠

Parties to ensure close collaboration in all matters
affectine ·the fulfilment of the present Agreement.
AWl:ICT1E 10

(1)

If any dispute arises beh:cen the Contract:i.np;

Parties relating to the interpretation or application
of the present Ae;recmcnt, the Contractine; :Parties shall
in the first place endeavour to settle lt by negotiation

between themsclveu.

｢ｾＬｲ＠

(2)

If the Contracting Parties fail to reuch a oettlement
negotiations, the dispute may at tho req_uest of

either Contrncting :·,a:cty be submitted for decinion to
a tribunal of three arbitra ·t ors, orw to be nominated
by each Contracting Party ancl the thirc1 to be appointed
by the

tV10

so nominated.

ｔｾ｡｣ｨ＠

of "Lhe Contracting rartics

shall no11linate nn arbitrator within o. pGriod of sixty

(GO) d3ys from the date of receipt by either Contracting
Party from the other of a notice through the c1iplornutic
channel ret1uesting arbitration oi' the diuputc, and the

third arbitrator shall be appointed \'tithin a futher period
of sixty (60) days. If either of the Contracting Parties
fails to nominate an arbitrator within the period
specified, or if the third arbj_tro:tor is not U}:>pointed
tNi thin

the period specified, the I'residc:nt of the

Council of the International Civil Aviation Organisation
may be rcciuestcd by either Contracting l'arty to appoint
[111

•
ｾ＠

••••••••••

13.

an arbitrator or arbitrators as the case requires.
(3)

The Contracting Parties undertake to comply with

any decision given under paragraph

(4)

(2) of this Article.

If and so long as either Contracting Party or a

designated airline of either Contracting Party fails
to comply with a decision given under paragraph (2)
of this A±ticle, the other Contracting Party may limit,

•

•

withhold or revoke any rights or privileges which it
has granted by virtue of the preocnt Agreement to the
. Contracting Party in default or to the

designated

airline or airlines of that Contractine Party or to
the designated airline in default.

AHTICLE 11

(1)

If either of the Contractine Pnrties {onsiders

it desirable to modify any IJrovision of the present
Agreement or its Annex, it may request consultation
with tho other Contracting ｐ｡ｾｴｹ［＠

such cunsultation,

which may be between the aeronautical authorities and
which may be through discussion or by correspondence,
shall begin within a period of sixty (60) days from
the co.d ate
of the reauent.
(
ｾ＠

( 2)

N11y ｾ＠ modification of the present Agreement decided

upon during the concultation referred to in

ｰ｡ｾｮ･ｲｨ＠

(1) above shall be agreed upon in writing between

the

•••••

•

•

the Contrncting Parties and shall take effect on
the date on whichl both Governmellt:s have informed

each other in writing by exchange of notes that
the formalities constitutionally rcq_uired in their

respective countries have been complied with.
(3)

Any modification of the Annex of the present

Agreement decided

upon during the consultation

referred to in paragraph

(1) above shall be agreed

upon in writing between the aeronautical authorities

and shall to.kc immediate effect, but

shall be confirmed

by an exchange of notes if so required by either of

the Contracting Parties.
( 4)

The present Agreement and its A1mex will be

amended so o.s to conform with any multilateral
convention which may become binding on both Contracting
Partieo.

AH1'ICL:E 12

Either Contracting Party may at any time give
notice to the other if it desires to terminate the
present Agreement. Such notice shall be simultaneously
communicated to the International Civil Aviation
Organisation. If such notice io given, the present
Agreement shall terminate twelve (12) months after
the date of receipt of the notice by the other
Contro.ctine; 1:\1rty, unless the notice to tcrmiuute

is with••••••

15.

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 fourteen (14) days after the

•

•

receipt of the notice l)y the International Civil
Aviation Organisation.·

ARTICLE 13

The present , Agreement and agreed modifications
in accordm1cc with Article 11 shall be registered

with the International Civil Aviation Organisation.

•

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1 6.

AHTICLE

14

The present Ac;rcemont shall enter into force on the
date of cienaturc.
In witne ss whereof the w1dersigned, being duly authorised thereto by their respective Governments have signed
the present Agreement.

Done this
23rd
day of June
nineteen
hundred and seventy one in duplicate in Copenhagen.

For the Government of
the Hepublic of Indonesia

Signed

For the Government of
Norway

Signed