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(NAR) VOL. 6 NO. 2 / APRIL - JUNE 1995

[ DOTC DEPARTMENT ORDER NO. 95-848, April 18, 1995 ]

DECLARING THE SUBIC INTERNATIONAL AIRPORT AS AN AIRPORT SERVING MANILA FOR ALL-CARGO OPERATIONS TO/FROM SPECIFIC AREAS



Republic Act No. 7227 created a special economic and free port zone known as the Subic Bay Freeport with the declared policy of promoting the economic and social development of Central Luzon in particular and of the country in general.

Within the Subic Bay Freeport is the Subic International Airport which is instrumental in developing the zone into a self-sustaining, industrial, commercial, financial and investment center in the Asia-Pacific region.

It is the declared policy under Republic Act No. 776 that the government develop and utilize the air potential of the country through an air transportation system properly adapted to foreign and domestic commerce. Such declared policy applies to the Subic International Airport.

In furtherance of such policy, the government is vested with authority to take charge of the technical and operational phase of civil aviation matters and designate and establish civil airways and air navigation facilities.

In support of the foregoing and considering the obligations assumed by the Republic of the Philippines and the interests concerned in any treaty, convention or agreement with foreign countries on matters affecting civil aviation, it is hereby declared that the Subic International Airport is an airport serving Manila for purposes of interpreting all-cargo provisions of the Air Transport Agreement, with any amendments, between the Republic of the Philippines and the United States of America and, with certain limitations, the Air Services Agreement, with any amendments, between the Government of the Republic of the Philippines and the Government of Japan, and the Agreement, with any amendments, between the Government of the Republic of the Philippines and the Government of the United Kingdom of Great Britain and Northern Ireland for Air Services Between and Beyond their Respective Territories.

Further, application of this Order is limited to:

  1. the exercise of all-cargo, Third and Fourth Freedom rights between the Republic of the Philippines and the United States of America as authorized by the Air Transport Agreement, with any amendments, between the Republic of the Philippines and the United States of America, either direct of over intermediate points, by carriers designated by the Republic of the Philippines or by the United States of America;

  2. the carriage of cargo on all-cargo flights between the United States of America and other countries where Manila is the intermediate point as authorized by the Air Transport Agreement, with any amendments, between the Republic of the Philippines and the United States of America, by carriers designated by the Republic of the Philippines or by the United States of America;

  3. the exercise of any all-cargo, Fifth Freedom rights between Japan and the Republic of the Philippines as authorized by the Air Transport Agreement, with any amendments, between the Republic of the Philippines and the United States of America, by carriers designated by the Republic of the Philippines or by the United States of America;

  4. to the extent authorized by the Air Services Agreement, with any of the amendments, between the Government of the Republic of the Philippines and the Government of Japan, the exercise of all-cargo, Third and Fourth Freedom rights between the Republic of the Philippines and Japan by carriers designated by either government; and

  5. to the extent authorized by the Agreement, with any amendments, between the Government of the Republic of the Philippines and the Government of the United Kingdom of Great Britain and Northern Ireland for Air Services Between and Beyond their Respective Territories, the exercise of all-cargo, Third and Fourth Freedom rights between the Republic of the Philippines and Hong Kong by carriers designated by either Government.

This Order shall take effect immediately and shall supplement other related issuances. Nothing in this Order, however, is intended to deprive any Contracting Party to any of the agreements cited above of any rights that may be conferred by such agreements.

Adopted: 18 Apr. 1995

(SGD.) JESUS B. GARCIA, JR.
Secretary

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