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1.Signed on December 18 and September 9, 2008; Entered into Force on December 18, 2008
 
ARTICLE I -- DESCRIPTION OF SERVICES
A. This amended Technical Implementing Arrangement sets forth
the terms, conditions and framework under which the American
Institute in Taiwan (AIT), through its designated
representative, the Federal Aviation Administration (FAA),
may provide specialists to the Taipei Economic and Cultural
Representative Office in the United States (TECRO), through
its designated representative, the Civil Aeronautics
Administration (CAA), to perform flight inspections and
flight inspections-related services. AIT, through its
designated representative, the FAA, shall provide the
following types of flight inspection services in Taiwan at
such locations and times as may be requested by TECRO through
its designated representative, the CAA, to the extent
mutually agreed upon by AIT and TECRO in writing.
1. Commissioning or non-routine flight inspections of
navigational aids and/or instrument flight procedures.
2. Periodic flight inspections of navigational aids and/or
instrument flight procedures.
B. Before AIT's designated representative, the FAA, flight
inspects any instrument flight procedure for TECRO's
designated representative, the CAA, that it has not
previously inspected, the parties shall agree to first have
AIT's designated representative, the FAA, perform a Quality
Control/Quality Assurance review of the instrument flight
procedure pursuant to an Instrument Flight Procedures Annex
to the Agreement.
C. The services provided by AIT's designated representative, the
FAA, under this Technical Implementing Arrangement shall not
include Quality Control/Quality Assurance reviews of any
instrument flight procedure to ensure the continued
conformity of the procedure to the relevant criteria and
standards used in the development of the procedure, including
the U.S. Standard For Terminal Instrument Procedures (TERPs)
or to the Procedures for Air Navigation Services - Aircraft
Operations (PANS-OPS) published by ICAO.

ARTICLE II -- TERMS AND CONDITIONS
All flight inspection services provided by AIT through its
designated representative, the FAA, under this Technical
Implementing Arrangement shall be subject to the following terms
and conditions:
A. All air navigation facilities to be inspected during a flight
inspection mission shall be operational and in condition
suitable for flight inspection on the dates scheduled.
1. AIT's designated representative, the FAA, will require
that TECRO's designated representative, the CAA, shall
identify, in writing, all air navigation facilities to be
inspected during a scheduled flight inspection mission and
all requests for commissioning and non-routine flight
inspections at least twelve weeks prior to the start of
the mission. AIT's designated representative, the FAA,
may, within its sole discretion, agree to conduct flight
inspection of additional facilities identified by TECRO's
designated representative, the CAA, but not included on
the aforementioned list on such terms as may be agreed.
2. To meet the requirements of AIT's designated
representative, the FAA, TECRO will require that its
designated representative, the CAA, agrees that a minimum
of four weeks advance notice by it to AIT's designated
representative, the FAA, is required for any change in the
starting date of a scheduled flight inspection mission or
in the facilities to be inspected. In the event of an
emergency and at the request of TECRO's designated
representative, the CAA, AIT's designated representative,
the FAA, may, within its sole discretion, agree to a
change in the starting date of a scheduled flight
inspection mission or in the facilities to be inspected
with less than four weeks notice.
B. The flight inspection procedures used by AIT's designated
representative, the FAA, shall conform to the U.S. Standard
Flight Inspection Manual or, upon written request by TECRO's
designated representative, the CAA, to the standards and
recommended practices for air navigation aids in Annex 10 to
the Convention on International Civil Aviation.
C. Each instrument flight procedure to be inspected by AIT's
designated representative, the FAA, shall conform to either
the U.S. Standard For Terminal Instrument Procedures (TERPs)
and associated orders and criteria, or the Procedures For Air
Navigation Services - Aircraft Operations (PANSOPS) published
by ICAO.
D. The flight crew of AIT's designated representative, the FAA,
shall report the results of the flight inspection by radio
communication immediately upon completion of the flight
inspection mission. The flight crew of AIT's designated
representative, the FAA, shall present an interim report of
the mission and recommend a facility status classification to
TECRO's designated representative, the CAA, after a flight
inspection operation is completed. TECRO, through its
designated representative, the CAA, shall be responsible for
determining the availability status of the facility inspected
for use in air navigation based upon the information in the
interim report and AIT's designated representative, the
FAA's, recommendation. Within sixty (60) days following the
completion of the flight inspection, AIT's designated
representative, the FAA, shall provide a written report
documenting the results of the flight inspection.
E. Upon request by TECRO's designated representative, the CAA,
for technical reasons related to the flight inspection
mission, AIT's designated representative, the FAA, may, in
its sole discretion, approve a qualified technical
representative of TECRO's designated representative, the CAA,
to fly aboard the flight inspection aircraft as a passenger.
AIT's designated representative, the FAA, shall specify in a
separate communication with TECRO's designated
representative, the CAA, the information needed to approve
the technical representative to fly aboard the aircraft. Any
such requests shall include the specified information and
must be received by AIT's designated representative, the FAA,
at least thirty (30) days prior to the scheduled inspection.
The technical representative shall comply with all
instructions of the pilot in conunand during the flight.
AIT's designated representative, the FAA, shall not charge
TECRO's designated representative, the CAA, any additional
amounts for the carriage of the technical representative.
F. TECRO agrees that its designated representative, the CAA,
shall provide the records, information and data in Attachment
A to this Technical Implementing Arrangement at least four
(4) weeks prior to the provision of any service by AIT,
through its designated representative, the FAA, under this
Technical Implementing Arrangement.
G. TECRO agrees that its designated representative, the CAA,
shall provide the following support before and during the
flight inspection mission:
1. Waive or directly pay all airport, air traffic, or other
user charges associated with the operation of the aircraft
into and within Taiwan, including, but not limited to, any
overflight, landing, or parking fees. At least seven (7)
days prior to the scheduled dates for a flight inspection,
TECRO's designated representative, the CAA, shall provide
AIT's designated representative, the FAA, with a carnet,
laissez-passer, invitation, or other documentation
confirming that the required waiver has been provided or
that the charges shall be paid directly by TECRO's
designated representative, the CAA.
2. Waive any requirements for posting bonds, making technical
equipment declarations, inventories and customs
declarations, and performing other formalities by AIT,
through its designated representative, the FAA, for the
entry and use of the flight inspection aircraft and
associated flight inspection and other equipment into
Taiwan. TECRO agrees that at least seven (7) days prior to
the scheduled dates for a flight inspection, its
designated representative, the CAA, shall provide AIT's
designated representative, the FAA, with a carnet,
laissez-passer, invitation, or other documentation
confirming that the required waiver has been provided.
3. Provide all clearances for aircraft and crew, including,
but not limited to, authorization to operate below
established minimum altitudes and all other necessary air
traffic and airspace clearances from Taiwan and adjacent
air traffic authorities, as may be required for
performance of flight inspection services under this
Technical Implementing Arrangement.
4. Authorize the use without charge of the runways, parking
areas, and maintenance and refueling facilities at
Taiwan's airports, provided, however, that the cost of any
fuel or maintenance services for AIT’s designated
representative, the FAA, flight inspection aircraft shall
be paid by AIT's designated representative, the FAA.
5. Provide adequate security of the aircraft while it is
parked within Taiwan, including a parking space in a
secure area and protection against access to the aircraft
by unauthorized individuals. In addition, TECRO agrees
that its designated representative, the CAA, shall provide
all additional security measures specified by AIT's
designated representative, the FAA, to protect the
aircraft against a particular threat identified by AIT's
designated representative, the FAA.
6. Ensure that a qualified electronics engineer is present at
the facility during all flight inspection operations.
TECRO agrees that its designated representative, the CAA,
shall provide an interpreter if the engineer is not fluent
in the English language.
H. For each flight inspection mission, AIT's designated
representative, the FAA, shall determine:
1. The type of aircraft to be used in conducting all flight
inspections;
2. Whether a flight inspection operation can be conducted
given the current meteorological, aircraft, and other
relevant conditions; and
3. The schedule and sequence for inspecting the air
navigation facilities identified in the list provided by
TECRO's designated representative, the CAA, under
paragraph A.1 of this Article II, provided, however, that
AIT’s designated representative, the FAA, shall do so in
coordination with TECRO's designated representative, the
CAA.

ARTICLE III -- STATUS OF THE PERSONNEL OF AIT'S DESIGNATED
REPRESENTATIVE, THE FAA
AIT's designated representative, the FAA, shall assign personnel
to perform the services agreed upon in this Technical
Implementing Arrangement. The personnel assigned may be the
employees of AIT's designated representative, the FAA, another
U.S. Government agency, or a contractor to AIT's designated
representative, the FAA. AIT's designated representative, the
FAA, AIT, or other U.S. Government personnel assigned to any
activity under this Technical Implementing Arrangement shall,
while in Taiwan, be AIT consultants. The supervision and
administration of the personnel shall be in accordance with the
policies and procedures of AIT and AIT's designated
representative, the FAA. The assigned personnel shall perform at
the high level of conduct and technical execution required by
AIT and AIT's designated representative, the FAA.

ARTICLE IV -- FINANCIAL PROVISIONS
A. TECRO shall transfer to AIT all reimbursements for all costs
incurred by AIT's designated representative, the FAA, in
providing the flight inspection services under this Technical
Implementing Arrangement and an administrative overhead
charge. TECRO agrees that in the event of a termination by
either party under Article VI of the Technical Implementing
Arrangement, TECRO's designated representative, the CAA,
shall pay all costs incurred by AIT's designated
representative, the FAA, for flight inspection services
provided to TECRO's designated representative, the CAA, prior
to the date of such termination.
B. AIT's designated representative, the FAA, shall calculate the
charges for a flight inspection mission and shall be subject
to the following terms and conditions:
1. The hourly rate for a flight inspection mission of AIT's
designated representative, the FAA, shall consist of a
charge for the type of aircraft used to conduct the
mission and a charge for each crewmember of the aircraft.
2. Charges for AIT's designated representative, the FAA,
aircraft shall be based upon the total flight hours needed
to conduct the flight inspection and assessed at AIT's
designated representative, the FAA's, current hourly rate
for the aircraft, provided, however, that:
a. Where the total flight hours during any single day of a
flight inspection mission for TECRO's designated
representative, the CAA, is less than four (4) hours,
(except for weather-related or aircraft maintenance
reasons), a minimum charge of four (4) flight hours
will be assessed for that day.
b. Where the total flight hours during any single day of a
flight inspection mission for TECRO's designated
representative, the CAA, exceeds four (4) hours, the
charge for that day will be based upon the actual
number of hours flown.
3. Charges for each crewmember shall be based and assessed at
the standard hourly personnel compensation and benefits
cost for that crewmember, provided, however, that:
a. Where the total crew duty hours for each crewmember
during any single day of a flight inspection mission
for TECRO's designated representative, the CAA, exceed
eight (8) hours, the crewmember charge for each hour
(or portion thereof) in excess of eight (8) hours shall
be based on the hourly overtime rate for each
crewmember.
b. Where a flight inspection mission for TECRO's
designated representative, the CAA, occurs on the
crew's regular day off, the crewmember charge for that
day shall be based on the hourly overtime rate for each
crewmember.
c. Where a flight inspection mission for TECRO's
designated representative, the CAA, occurs on a U.S.
holiday, the crewmember charge for that day shall be
based on the holiday rate for each crewmember.
4. AIT's designated representative, the FAA, shall provide
written notification to TECRO's designated representative,
the CAA, of hourly rate charges for the aircraft and
crewmembers (including overtime and holiday rates) and any
changes to those hourly rates. Unless otherwise specified,
such changes shall become effective thirty (30) days from
the date of AIT's designated representative, the FAA's,
written notification.
5. If for any reason TECRO's designated representative, the
CAA, does not provide the waiver called for in Article
II.G of this Technical Implementing Arrangement, any
airport or other user charges incurred by AIT's designated
representative, the FAA, shall be transmitted to AIT for
billing to TECRO as part of the total charges for the
flight inspection. TECRO shall reimburse AIT for all such
charges.
6. If for any reason TECRO's designated representative, the
CAA, is unable to provide fully any other support
specified in this Technical Implementing Arrangement,
AIT's designated representative, the FAA, shall arrange
for the support and charge the costs for such support to
TECRO's designated representative, the CAA. AIT will
require that TECRO agrees that TECRO's designative
representative, the CAA, shall reimburse AIT's designated
representative, the FAA, through AIT, for all such charges.
7. The total flight hours needed to conduct the requested
flight inspection shall include the time en route to the
facilities to be inspected. The calculation by AIT's
designated representative, the FAA, of the time en route
to be allocated to TECRO's designated representative, the
CAA, shall reflect the circumstances surrounding the
operation, including the following:
a. If AIT's designated representative, the FAA, provides
flight inspection services to TECRO's designated
representative, the CAA, and one or more countries
within the same geographical area during a single
flight inspection mission, the en route time shall be
equitably distributed among TECRO's designated
representative, the CAA, and the countries by AIT's
designated representative, the FAA, at its sole
discretion.
b. If the flight inspection of TECRO's designated
representative, the CAA, facility occurs before or
after the flight inspection of a U.S.-owned facility in
the same geographical area, the time en route between
the U.S.-owned facility and TECRO's designated
representative, the CAA, facility shall be allocated
entirely to TECRO's designated representative, the CAA.
c. If TECRO's designated representative, the CAA, makes a
request for immediate flight inspection services, and
AIT's designated representative, the FAA, is not
providing flight inspection services to any country in
the same geographical region at that time, then AIT's
designated representative, the FAA, shall allocate the
entire en route time to TECRO's designated
representative, the CAA.
C. Payment Procedures for Periodic Flight Inspections:
1. AIT shall provide a single annual estimate of costs
(including administrative overhead charges) reflecting all
periodic flight inspection services to be provided for the
period from October 1 through March 31 and for the period
from April 1 through September 30. AIT shall forward each
such annual estimate of costs to TECRO by August 1 of each
year.
2. TECRO agrees that on or before September 1, TECRO's
designated representative, the CAA, shall pay the
estimated cost of the flight inspection services to be
provided for the period from October 1 through March 31;
and on or before March 1, TECRO's designated
representative, the CAA, shall pay the estimated cost of
the flight inspection services to be provided from April 1
through September 30. All payments received from TECRO
shall be deposited in a non-interest bearing account.
3. In the event AIT does not receive the payment within the
required time, AIT's designated representative, the FAA,
shall cancel the flight inspection and forward a statement
of account through AIT to TECRO for all costs incurred by
Al'I''s designated representative, the FAA, in preparing
to perform the work. TECRO's designated representative,
the CAA, shall pay any balance due to AIT's designated
representative, the FAA, through AIT.
4. Following each periodic flight inspection mission, AIT's
designated representative, the FAA, shall deduct the
actual cost of the services (including an administrative
overhead charge) from the funds on deposit and forward a
statement of account showing the costs incurred by AIT's
designated representative, the FAA, in providing the
services under this Technical Implementing Arrangement.
a. If the statement of account shows that the actual cost
of providing the flight inspection services is greater
than the estimated cost paid by TECRO's designated
representative, the CAA, TECRO' s de s igna t ed
representative, the CAA, shall pay the balance due to
AIT's designated representative, the FAA, through AIT.
b. If the statement of account shows that the actual cost
of providing the flight inspection services is less
than the estimated cost paid by TECRO's designated
representative, the CAA, AIT's designated
representative, the FAA, shall refund through AIT the
difference to TECRO's designated representative, the
CAA, apply the difference to any unpaid balances owed
by the CAA under the Technical Implementing
Arrangement, or hold the balance as a deposit against
any future work under the Technical Implementing
Arrangement, as agreed to by the parties.
D. Payment Procedures for Commissioning and Non-Routine Flight
Inspections:
1. AIT shall provide a cost estimate (including
administrative overhead charges) for all commissioning and
non-routine flight inspection services requested by
TECRO's designated representative, the CAA. The cost
estimate shall contain a description of services to be
performed by AIT's designated representative, the FAA, for
TECRO's designated representative, the CAA, including the
estimated dates for the performance of the services.
2. TECRO agrees that its designated representative, the CAA,
shall pay the cost estimate at least sixty (60) days prior
to the estimated starting date of the commissioning and
non-routine flight inspection mission. All payments
received from TECRO's designated representative, the CAA,
shall be deposited in a non-interest bearing account.
3. In the event that AIT does not receive the payment within
the required time, AIT's designated representative, the
FAA, shall cancel the flight inspection and forward a
statement of account for all costs incurred by it in
preparing to perform the work.
4. Following each commissioning and nonroutine flight
inspection, AIT's designated representative shall deduct
the actual cost of the services (including an
administrative overhead charge) from the funds on deposit
and forward a statement of account itemizing the costs
incurred by it in providing the services under this
Technical Implementing Arrangement.
a. If the statement of account shows that the actual cost
of providing the flight inspection services is greater
than the estimated cost paid by TECRO's designated
representative, the CAA, TECRO agrees that its
designated representative, the CAA, shall pay the
balance due to AIT's designated representative, the
FAA, through AIT.
b. If the statement of account shows that the actual cost
of providing the flight inspection services is less
than the estimated cost paid by TECRO's designated
representative, the CAA, AIT's designated
representative, the FAA, shall refund through AIT the
difference to TECRO's designated representative, the
CAA, apply the difference to any unpaid balances owed
by the CAA under this Technical Implementing
Arrangement, or hold the balance as a deposit against
any future work under this Technical Implementing
Arrangement, as agreed to by the parties.
E. All AIT cost estimates and statements of account shall
contain a reference to the Agreement Number NAT-I-845-8-1-1
and billing number NB7555TW8 (which are the numbers assigned
by AIT's designated representative, the FAA, to identify this
Technical Implementing Arrangement and which shall be
referred to in all related correspondence). All cost
estimates and statements of account shall be forwarded by AIT
to TECRO at the following address:

Taipei Economic and Cultural Representative Office
4201 Wisconsin Avenue, NW
Washington, D.C. 20016-2137
F. TECRO agrees that in making payments under this Technical
Implementing Arrangement, its designated representative, the
CAA, shall include a reference to the assigned agreement
number and billing number. Payments will be forwarded to AIT
at the following address:

American Institute in Taiwan
Attn: Barbara Schrage
Managing Director
1700 N. Moore Street, Suite 1700
Arlington, VA 22209

ARTICLE V – LIABILITY
A. TECRO and its designated representative, the CAA, on behalf
of the authorities represented by TECRO, agree that AIT's
designated representative, the FAA, and AIT assume no
liability for any claim or loss arising out of advice or
other assistance provided or work performed by them under
this Agreement or its annexes and appendices, or arising out
of any action or decision by TECRO's designated
representative, the CAA, or its current or former officers,
employees or contractors, in relation to such advice,
assistance or work.
B. TECRO and its designated representative, the CAA, on behalf
of the authorities represented by TECRO, agree to defend any
suit brought in any jurisdiction other than the United States
or pay for the defense of any suit brought in the United
States against the Government of the United States, AIT's
designated representative, the FAA, AIT, or any
instrumentality or current or former officer or employee of
the United States, or AIT, arising out of any advice or
current or former officer or employee of the United States,
or AIT, arising out of any advice or other assistance
provided or work performed under this Agreement or its
annexes and appendices. TECRO and its designated
representative, the CAA, on behalf of Taiwan, further agree
to hold the United States, AIT's designated representative,
the FAA, AIT, or any instrumentality or current or former
officer or employee of the United States or AIT harmless
against any claim by Taiwan, or by any agency thereof, or by
third persons for personal injury, death, or property damage
arising out of any advice or other assistance provided or
work performed under this Agreement or its annexes and
appendices.
C. Exception: The conduct of an officer or employee of the U.S.
that results in personal injury, death, or property damage
shall not be considered advice or other assistance provided
or work performed under this Agreement for purposes of the
obligation to hold the United States, AIT's designated
representative, the FAA, AIT, or any instrumentality or
current or former officer or employee of the United States
harmless against any claim by Taiwan, or by any agency
thereof, or by third persons for personal injury, death, or
property damage undertaken by TECRO's designated
representative, the CAA, under Article V.A above if that
conduct is determined to be outside the scope of the officer
or employee's employment. Scope of employment shall be
determined by the law of the forum, including choice of law
rules, if the litigation is brought in a court of the United
States; or, if brought in a court outside the United States,
according to the law of the District of Columbia.

ARTICLE VI -- ENTRY INTO FORCE AND TERMINATION
This Technical Implementing Arrangement shall enter into force
on the date of the last signature and shall remain in force
until terminated in accordance with Article VI of the Agreement.

ARTICLE VII - AUTHORITY
AIT and TECRO agree to the provisions of this Technical
Implementing Arrangement as indicated by the signature of their
duly authorized representatives.



AMERICAN INSTITUTE TAIPEI ECONOMIC
IN TAIWAN AND CULTURAL
REPRESENTATIVE
OFFICE IN THE
UNITED STATES
BY: BY:
Barbara J. Schrage Ta-Tung J. Chang
TITLE: TITLE:
Managing Director Deputy Representative
DATE: DATE:
Sep. 9, 2008 Dec. 18, 2008