Air Transport Agreement among the Member States and Associate Members of the Association of Caribbean States

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Barbados	Yes	No
Costa Rica	Yes	No
El Salvador	Yes	No
Guatemala	Yes	No
Jamaica	Yes	No
Netherlands, the Kingdom of the	Yes	No
Nicaragua	Yes	No
Suriname	Yes	No

Barbados

26-11-2004

Barbardos made in its instrument of ratification the following declaration "… it elects to be bound by Article 2 sub-paragraph 1d. ii of the Agreement namely: "The execerise of such rights on the reciprocal and liberal exchange of rights among the parties concerned"."

Costa Rica

15-12-2004

In Article 2, entitled 'Granting of Rights', specifically in respect of fifth freedom rights, paragraph 1 (d), the Government of the Republic of Costa Rica selects option (i), which states: "(i) The exercise of such rights among the Parties concerned".

El Salvador

16-04-2019

Declaration:
With regard to article 2, paragraph 1 (d) of the Agreement, the Republic of El Salvador selects the option of implementing the provision set out under (ii) which reads: ‘the exercise of such rights on [the basis of] the reciprocal and liberal exchange of rights among the Parties concerned’.
Reservations:
1) With regard to article 3, paragraph 1, the Republic of El Salvador will be able to accept more than two airlines originating from the Parties, in addition to those formally designated to conduct the services agreed to in the Agreement, on the condition of reciprocal acceptance for El Salvador.
2) With regard to article 13, the Parties’ actions to avoid and eliminate all forms of unfair competitive practices will be carried out without prejudice to the ability to exercise their statutory powers to combat conduct and practices that distort free competition.
3) With regard to article 14, the approval of airline tariffs will take place in accordance with national law.

Guatemala

03-09-2008

The State of Guatemala, in ratifying the Air Transport Agreement among the Member States and Associate Members of the Association of Caribbean States, declares that its application shall be without prejudice to the Open Skies aviation policy that is recognised by Guatemalan legislation.

The State of Guatemala, in ratifying the Air Transport Agreement among the Member States and Associate Members of the Association of Caribbean States, makes the following reservation, namely that its application shall not imply the partial or total renunciation of its sovereignty and jurisdiction over its territory, airspace, inland waters, territorial sea and contiguous zone, as well as the exclusive economic zone and continental shelf to which it is entitled under international law, and that application of the Agreement shall not imply the total or partial renunciation of its claims to maritime and island territories and zones.

Jamaica

28-07-2005

Hereby declare that the understanding of the Government of Jamaica of Article 2(1)(d)(ii) of the Air Transport Agreement is as follows:
Consent to the grant of fifth freedom rights pusuant to the option in Article 2 (1)(d)(ii) shall be subject to the conclusion of bilateral agreements between the parties concerned.

Netherlands, the Kingdom of the

21-04-2006

1. Voor de Nederlandse Antillen:
The Embassy, on behalf of the Kingdom of the Netherlands, wishes to indicate to the Government of Colombia in its capacity as depositary state, that the Netherlands Antilles chooses to be bound by sub-paragraph 1d ii of Article 2, Granting of Rights, of the aforementioned Agreement.
2. Voor Aruba:
The Embassy, on behalf of the Kingdom of the Netherlands, wishes to indicate to the Government of Colombia in its capacity as depositary state, that Aruba chooses to be bound by sub-paragraph 1d i, of Article 2, Granting of Rights, of the aforementioned Agreement.

Nicaragua

14-02-2004

The Republic of Nicaragua declares that, in respect of Article 2, paragraph 1 (d) of this Agreement, it has opted to apply the provisions of paragraph 1,(d)(ii), which literally states: 'The exercise of such rights on the reciprocal and liberal exchange of rights among the Parties concerned.'
This declaration shall not imply the automatic recognition of rights in respect of Parties to this Agreement. Accordingly, the terms of operation for airlines shall be agreed bilaterally, and due reciprocal treatment shall be accorded.
In respect of Article 2, paragraph 2, when reference is made to favourable consideration of requests by designated airlines, such favourable consideration shall in no way detract from the requirements on the subject laid down in relevant national legislation.
In respect of Article 3, paragraph 2 (a), with regard to substantial ownership and effective control of designated airlines being vested in one or more Parties, its or their nationals, or both, the Republic of Nicaragua reserves the right not to apply the said paragraph 2 (a), since its contents conflict with the provisions on the subject laid down in the Civil Aviation Code of the Republic of Nicaragua.
In respect of Article 9, entitled 'Code Sharing', with regard to the making of code-sharing arrangements with airlines flying under the flag of Parties to this Agreement, this shall be subject to approval by the competent authorities in order to ensure that users are fully informed and protected as regards code-shared flights operating to or from the territory of the Republic of Nicaragua.

12-07-2011

[...]
The Government of the Republic of Nicaragua, in depositing the present instrument of ratification, withdraws the declaration and reservation notified to the Depositary at the time of signing this Agreement, concerning fifth freedom rights, on the understanding that this implies neither any automatic recognition of rights nor any derogation from its national laws.[...]

Suriname

03-06-2004

The Ministry, on behalf of the Government of the Republic of Suriname, wishes to indicate to the Government of the Republic of Colombia in its capacity as depositary country that it elects to be bound by sub-paragraph I.d.ii of article 2, Granting of Rights, of the aforementioned Agreement.