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November 21, 1952

Note: The Agreement entered into force, December 3, 1952.

Reference: This Agreement is also published in II DFA TS No. 2, p. 9.

The Government of the Republic of the Philippines and the Government of the United Mexican States, considering:

That the possibilities of commercial aviation as a means of transport and of promoting friendly understanding and goodwill among peoples are increasing from day to day.

That it is desirable to organize, on equitable bases of equality and reciprocity, regular air services between the two countries, to obtain greater co-operation in the field of international air transportation.

That in order to attain this and it is necessary to conclude an agreement which guarantees regular air communications between the territory of the Republic of the Philippines and the territory of Mexico.

Have to this end appointed their representatives who, being duly authorized by their respective Governments and acting within the powers which have been conferred upon them, have agreed as follows:

ARTICLE 1

Each Contracting Party grants to the other Contracting Party the rights specified in the Annex hereto necessary for establishing the international civil air routes and services herein described whether such services be inaugurated immediately or at a later date at the option of the Contracting Party to which the rights are granted.

ARTICLE 2

For the purposes of the present Agreement and its Annex, except where the text indicates otherwise:

a) The term "aeronautical authorities" shall mean in the case of the Republic of the Philippines, the Civil Aeronautics Board or any person or entity authorized to perform the functions exercised at present by the Civil Aeronautics Board, and in the case of the United Mexican States, the' Ministry of Communication and Public Works or any other person or body authorized to perform the functions presently exercised by the Ministry of Communications and Public Works.

b) The term "designated airline" shall mean the airline or airlines that the aeronautical authorities of one of the Contracting Parties shall have designated to operate the agreed air routes, in accordance with Article 3 of this Agreement, it being an indispensable requirement that such designation be communicated in writing to the aeronautical authorities of the other Contracting Party.

c) The term "territory" shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of the State concerned.

d) The term "air service" shall mean any scheduled air service performed by aircraft for the public transport of passengers, mail, or cargo.

e) The term "international air service" shall mean an air service which passes through the air space over the territory of more than one State.

f) The term "airline" shall mean any air transport enterprise offering or operating an international air service.

g) The term "stop for non-traffic purposes" shall mean a landing for any purpose other than taking on or discharging passengers, cargo or mail.

h) The term "services offered'' shall mean the capacity of an aircraft used on such service, multiplied by the frequency operated by such aircraft over a given period and route.

i) The term "air route" shall mean the scheduled route followed by an aircraft that is in regular service for public transport of passengers, cargo and/or mail.

ARTICLE 3

  a) Each of the air services so described shall be placed in operation as soon as the Contracting Party, to whom the rights have been granted by Article 1, to designate an airline or airlines for the route concerned, has authorized an airline or airlines for such route; and the Contracting Party granting the rights shall, subject to Article 7 hereof, to bound to give the appropriate operating permission to the airline or airlines concerned without undue delay.

  b) Each airline so designated may be required to satisfy the aeronautical authorities of the Contracting Party granting the rights, that it is in a position to fulfill the requirements prescribed by the laws and regulations normally applied by those authorities to the operation of commercial airlines.

  c) In areas of hostilities or of military occupation, such operation shall, in the areas affected thereby, be subject to the approval of the competent military authorities.

ARTICLE 4

In order to prevent discriminatory practices and to assure equality of treatment, both Contracting Parties agree that:

a) Each one of the Contracting Parties may impose or permit to be imposed fair and reasonable charges for the use of public airports and other facilities under its control. Both Contracting Parties agree, however, that these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services.

b) Fuel, lubricating oils and spare parts introduced into or taken on board aircraft in the territory of one Contracting Party by the other Contracting Party or its nationals, and intended solely for use by aircraft of the airlines of the latter Contracting Party shall, with respect to the imposition of customs duties, inspection fees and other national duties or charged by the former Contracting Party whose territory is entered, be accorded the same treatment as that applying to national airlines and to airlines of the most favored nation.

c) The fuel, lubricating oils, spare parts, regular equipment and aircraft stores retained on board aircraft of the airlines of one Contracting Party authorized to operate the routes and services described in the Annex shall, upon arriving in or leaving and while within the territory of the other Contracting Party, be exempt from customs, inspection fees or similar duties or charges, even though such supplies be used by such aircraft on flights in that territory.

ARTICLE 5

Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one Contracting Party shall be recognized as valid by the other Contracting Party for the purpose of operating the routes and services described in the Annex. Each Contracting Party reserves the right to recognize for the purpose of flight above its own territory, certificates of competency and licenses granted to its own nationals by another State.

ARTICLE 6

a) The laws and regulations of one Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while they are within its territory, shall be applied to the aircraft of the airline or airlines designated by the other Contracting Party, and shall be complied with by such aircraft upon entering or departing from, or while within the territory of the first Party.

b) The laws and regulations of one Contracting Party as to the admission to or departure from its territory of passengers, crew or cargo of aircraft such as regulations relating to entry, clearance, immigration, passports, customs and quarantine shall be complied with by or on behalf of such passengers, crew or cargo of the aircraft of the airline or airlines designated by the other Contracting Party, upon entrance into or departure from or while within the territory of the first Party.

ARTICLE 7

a) Each Contracting Party reserves the right to withhold or revoke the exercise of the rights specified in the Annex to this Agreement from an airline designated by the other Contracting Party in the event that it is not satisfied that substantial ownership and effective control of such airline are vested in nationals of the other Contracting Party, or in case of failure by that airline to comply with the laws and regulations of the State in which it is operating, as specified in the preceding Article, or otherwise to fulfill the conditions under which the rights are granted in accordance with this Agreement and its Annex.

b) The Contracting Parties may substitute freely other airlines of the same nationality for the respective assigned airlines to the agreed services, previously advising the other Contracting Party. The newly assigned airline will have all the rights and obligations of the former.

ARTICLE 8

This Agreement and all contracts connected therewith shall be registered with the International Civil Aviation Organization.

ARTICLE 9

ARTICLE 10

Existing rights and privileges relating to air transport services which may have granted previously by either of the Contracting Parties to an airline of the other Contracting Party shall continue in force according to their terms.

ARTICLE 11

In case both Contracting Parties accept a general multilateral air transport Convention, the present Agreement shall be amended so as to conform with the provisions of the multilateral Convention.

ARTICLE 12

Either of the Parties may at any time notify the other Contracting Party of its desire to terminate the present Agreement. Such a notice shall be sent simultaneously to the International Civil Aviation Organization. In the event of denunciation by either Party, this Agreement shall terminate one year after the date of receipt of the notice to terminate unless by agreement between the Contracting Parties the notice is withdrawn before the expiration of that time. If the other Contracting Party fails to acknowledge receipt, notice shall be deemed as having been received fourteen days after its receipt by the International Civil Aviation Organization.

ARTICLE 13

In the event either of the Contracting Parties consider it desirable to modify the Agreement, the Annex or the routes, that Contracting Party may request consultation between the competent authorities of both Contracting Parties, such consultation to begin within a period of sixty days from the date of the request. When these authorities mutually agree on new or revised conditions affecting the Agreement or the Annex, such recommendations will come into effect after they have been confirmed by an exchange of diplomatic notes.

ARTICLE 14

The aeronautical authorities of both Contracting Parties will decide by mutual agreement under the basis of reciprocity all matters referring to the execution of this Agreement, its Annex and Route Plans and will consult with each other from time to time so as to be sure that its principles and objectives are being followed and that its execution is satisfactory.

ARTICLE 15

This Agreement will enter into force definitely from the date of the exchange of diplomatic notes indicating approval of the same.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed the present Agreement.

Done at Mexico City, this 21st day of November, both texts being of equal authenticity.

ANNEX

SECTION I

The Government of the Republic of the Philippines grants to the Government of United Mexican States the right to conduct air transport services by one or more airlines of Mexican nationality designated by the latter country on the routes specified in Schedule two attached which transit or serve commercially the territory of the Republic of the Philippines.

SECTION II

The Government of the United Mexican States grants to the Government of the Republic of the Philippines the right to conduct air transport services by one or more airlines of Philippine nationality designated by the latter country on the routes specified in Schedule one attached which transit or serve commercially the territory^ of the United Mexican States.

SECTION III

One or more airlines designated by each of the Contracting Parties under the conditions provided in this Agreement will enjoy in the territory of the other Contracting Party, rights of transit and of stops for non-traffic purposes, as well as the right .of commercial entry and departure for international traffic in passengers, cargo and mail at the points enumerated on each of the routes specified in the Schedules attached.

SECTION IV

The air service offered by virtue of this Agreement shall bear a close relationship to the requirements of the public for such transportation.

SECTION V

There shall be a fair equal opportunity for the airlines of the Contracting Parties to operate on any route between their respective territories (as defined in the Agreement) covered by this Agreement and Annex.

SECTION VI

In the operation by the airlines of either Contracting Party of the trunk services described in the present Annex, the interest of the Airlines of the other Contracting Party shall be taken into consideration so as not to affect unduly the services which the latter provides on all or parts of the same routes.

SECTION VII

It is agreed between the two Contracting Parties that the services provided by the airline (s) designated under this Agreement and its Annex, shall retain as principal objective the provision of capacity adequate to the traffic demands between the country of which the airline is a carrier and the countries of destination.

The right to embark or disembark on such services international traffic destined for or coming from third countries at a point or points on the routes specified in the present Annex shall be exercised in accordance with the general principles of orderly development to which both Contracting Parties subscribe and shall be subject to the general principle that capacity shall be related:

a) to traffic requirements between the country of origin and the countries of destination;

b) to the requirements of through airline operation; and

c) to the traffic requirements of the area through which the airline passes after taking account of local and regional services.

SCHEDULE NO. I

A. An airline designated by the Government of the Republic of the Philippines shall be entitled to operate air services on each of the air routes specified via intermediate points, in both directions, and to make commercial landings in the territory of the United Mexican States at the points specified in this paragraph;

Route 1; Manila (Philippines) - Guam-Wake - Honolulu - San Francisco (USA) - Mexico City (Mexico).

Route 2; Manila (Philippines) - Tokyo (Japan - Wake - Honolulu - San Francisco (USA) - Mexico City (Mexico).

B. The airline designated by the Government of the Republic of the Philippines shall not be allowed to take on in the territory of the United Mexican States, passengers, mail and cargo for remuneration or hire and destined to another point within the Mexican territory.

C. Points on any of the specified routes may at the option of the designated airline or airlines be omitted on any or all flights.

SCHEDULE NO. 2

A. An airline designated by the Government of the United Mexican States shall be entitled to operate air services on each of the air routes specified via intermediate points, in both directions and to make commercial landings in the territory of the Republic of the Philippines at the points specified in this paragraph:

Route 1; Mexico City (Mexico) - San Francisco (USA) - Honolulu -Wake - Guam - Manila (Philippines).

Route 2: Mexico City (Mexico) - Los Angeles (USA) or San Francisco (USA) - Vancouver (Canada) - Shemya (Aleutian Islands) -Tokyo (Japan) - Manila (Philippines).

B. The airline designated by the Government of the United Mexican States shall not be allowed to take on in the territory of the Republic of the Philippines, passengers, mail and cargo for remuneration or hire and destined to another point within that territory.

C. Points on any of the specified routes may at the option of the designated airline or airlines be omitted on any or all flights.