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April 28, 1959

Note: The Agreement entered into force, May 6, 1959.

Reference: This Agreement is also published in III DFA TS No. 3, p. 56.

MANILA, April 28, 1959

EXCELLENCY :

I have the honor to refer to the Legation's Note No. 213/-152 of January 27, 1959, and subsequent correspondence, and to the talks recently held between the representatives of the Government of the Republic of the Philippines and the Government of Belgium concerning the operation of scheduled air services by the Belgian designated national airline — SABENA — between the two countries.

I am pleased to inform you that the Philippine Government agrees to grant temporary limited traffic rights in Manila to the SABENA, subject to the following terms and conditions:

1. A service of not more than two (2) frequencies a week in either direction on the following route: Brussels-Germany-Austria-Greece-Turkey-Syria-Lebanon-Israel-Iraq-Iran-Afghanistan-West and East Pakistan-India-Colombo-Rangoon-Bangkok-Saigon-Manila-Okinawa-Tokyo, with right to pick up and set down commercial traffic at Manila, except traffic destined for or coming from Okinawa and/or Tokyo.

2. Any point or points on the route specified may, at the option of the SABENA, be omitted on any or all flights.

3. Carriage of diplomatic Belgian Government mail and SABENA Company material is permitted between Belgium and the Philippines in either direction.

4. The air service will be operated in accordance with the rules and regulations promulgated by the Philippine Civil Aeronautics Board and the Philippine Civil Aeronautics Administration, and the rates to be charged shall be those approved by the Philippine Aeronautics Board.

5. The Philippine laws and regulations as to the admission to or departure from Philippine territory of passengers, crew or cargo, such as those relating to entry, clearance, immigration, passports, customs and quarantine shall be complied with upon entrance into or departure from, or while within Philippine territory.

6. The inclusion or exclusion of any particular provision in this authority shall in no way prejudice the terms of any government that may subsequently be negotiated between the two Governments.

7. The authority granted hereunder shall remain in force for a period of one (1) year computed from the date of the first flight of the SABENA in accordance with this agreement, subject to renewal by mutual agreement of the two Governments and to the right reserved by the Philippine Government to terminate this agreement at any time upon sixty (60) days notice.

8. Pending the conclusion of a bilateral air agreement that may be negotiated between the Government of the Philippines and Belgium, the latter shall forthwith grant to the Philippine national designated airline, upon request of the former, such reciprocal rights as are granted hereunder in respect to points to be designated by the former.

If the terms and conditions set forth above are acceptable to the Belgian Government, the corresponding application for the necessary permit to operate should be filed by the SABENA with the Philippine Civil Aeronautics Board, together with a copy of this exchange of notes.

Accept, Excellency, the renewed assurances of my highest consideration.

(Sgd.) FELIXBERTO M. SERRANO
Secretary of Foreign Affairs
of the Republic of the Philippines

His Excellency
FERDINAND BUCKENS
Envoy Extraordinary and Minister Plenipotentiary
Legation of the Kingdom of Belgium
Manila

MANILA, May 6, 1969

EXCELLENCY,

I have the honor to acknowledge receipt of Your Excellency's letter of April 28, 1959 informing that the Philippine Government agrees to grant temporary limited traffic rights in Manila to the SABENA, subject to the following terms and conditions:

1. A service of not more than two (2) frequencies a week in either direction on the following route: Brussels-Germany-Austria-Greece-Turkey-Syria-Lebanon-Israel-Iraq-Iran-Afghanistan-West and East Pakistan-India-Colombo-Rangoon-Bangkok-Saigon-Manila-Okinawa-Tokyo, with right to pick up and set down commercial traffic at Manila, except traffic destined for or coming from Okinawa and/or Tokyo.

2. Any point or points on the route specified may, at the option of the SABENA, be omitted on any or all flights.

3. Carriage of diplomatic Belgian Government mail and SABENA Company material is permitted between Belgium and the Philippines in either direction.

4. The air service will be operated in accordance with the rules and regulations promulgated by the Philippine Civil Aeronautics Board and the Philippine Civil Aeronautics Administration, and the rates to be charged shall be those approved by the Philippine Aeronautics Board.

5. The Philippine laws and regulations as to the admission to or departure from Philippine territory of passengers, crew or cargo, such as those relating to entity, clearance, immigration, passports, customs and quarantine shall be complied with upon entrance into or departure from, or while within the Philippine territory.

6. The inclusion or exclusion of any particular provision in this authority shall in no way prejudice the terms of any agreement that may subsequently be negotiated between the two Governments.

7. The authority granted hereunder shall remain in force for a period of one (1) year computed from the date of the first flight of the SABENA in accordance with this agreement, subject to renewal by mutual agreement of the two Governments and to the right reserved by the Philippine Government to terminate this agreement at any time upon sixty (60) days notice.

8. Pending the conclusion of a bilateral air agreement that may be negotiated between the Governments of the Philippines and of Belgium, the latter shall forthwith grant to the Philippine national designated airline, upon request of the former, such reciprocal rights as are granted hereunder in respect to points to be designated by the former.

I have the pleasure of conveying to your Excellency the acceptance of these terms and conditions by the Belgian Government. It is understood that the corresponding application for the necessary permit to operate will be filed by the SABENA with the Civil Aeronautics Board, together with a copy of this exchange of notes.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

(Sgd.) FERDINAND BUCKENS
Envoy Extraordinary and Minister Plenipotentiary
of the Kingdom of Belgium

His Excellency
FELIXBERTO SERRANO
Secretary of Foreign Affairs of
the Republic of the Philippines
Manila