The Government of the Republic of China (Taiwan) and the
Government of the Republic of Nauru (hereinafter, “ the Parties
” );

Desiring to conclude an Agreement, for the purpose of
establishing and operating scheduled air services between and
beyond their respective territories.

Have agreed as follows:

Article 1
Definitions
For the purposes of this Agreement, unless otherwise stated, the
term:
a) “ Agreement ” means this Agreement, its Annex, and any
amendments thereto;
b) “ capacity ” is the amount(s) of services provided under
this Agreement;
c) “ Convention ” means the Convention on International Civil
Aviation opened for signature at Chicago on the seventh day
of December, 1944, and includes any Annex adopted under
Article 90 of that Convention, and any amendment of the
Annexes or Convention under Articles 90 and 94 thereof;
d) “ designated airline ” means an airline which has been
designated and authorized in accordance with Article 3
(Designation and Authorization) of this Agreement;
e) “ international air transportation ” is air transportation
in which the passengers, baggage, cargo and mail which are
taken on board in the territory of one State are destined to
another State;
f) “ tariff ” means any fare, rate or charge for the carriage
of passengers, baggage and/or cargo (excluding mail) in air
transportation (including any other mode of transportation in
connection therewith) charged by airlines, including their
agents, and the conditions governing the availability of such
fare, rate or charge;
g) “ territory ” means the land areas and territorial waters
adjacent thereto and the airspace above them under the
administration of each Party;
h) “ user charges ” means a charge made to airlines by the
competent authorities, or permitted by them to be made, for
the provision of airport property or facilities or of air
navigation facilities, or aviation security facilities or
services, including related services and facilities, for
aircraft, their crews, passengers and cargo; and
i) “ air service ”, “ international air service ”, “
airline ”, and “ stop for non-traffic purposes ”, have the
meanings assigned to them in Article 96 of the Convention.

Article 2
Traffic Rights
1. The airline(s) designated by each Party shall enjoy the
following rights:
a) the right to fly without landing across the territory of the
other Party;
b) the right to make stops in the territory of the other Party
for non-traffic purposes;
c) the right to make stops at the point(s) on the route(s)
specified in the Annex to this Agreement, for the purposes
of taking on board and discharging international traffic in
passengers, cargo or mail separately or in combination.
2. The airlines of each Party, other than those designated under
Article 3 (Designation and Authorization) of this Agreement,
shall also enjoy the rights specified in paragraphs 1 a) and
b) of this Article.
3. Nothing in paragraph 1 of this Article shall be deemed to
confer on the designated airline(s) of one Party the
privilege of taking on board, in the territory of the other
Party, passengers, cargo and mail for remuneration and
destined for another point in the territory of the other
Party.


Article 3
Designation and Authorization
1. Each Party may designate in writing to the other Party
multiple airlines to operate scheduled international air
transport services on the routes specified in the Annex and
to withdraw or alter such designation.
2. On receipt of such a designation, and of application from the
designated airline, in the form and manner prescribed for
operating authorization, each Party shall grant the
appropriate operating authorization with minimum procedural
delay, provided that:
a) the designated airline has its principal place of business
and permanent residence in the territory of the designating
Party;
b) the airline is under the effective regulatory control of the
designating Party;
c) the Party designating the airline is in compliance with the
provisions set forth in Article 7 (Safety) and Article 8
(Aviation Security) of this Agreement; and
d) the designated airline is qualified to meet other conditions
prescribed under the laws and regulations normally applied
to the operation of international air transport services by
the Party receiving the designation.
3. On receipt of the operating authorization of paragraph 2 of
this Article, a designated airline may at any time begin to
operate the agreed services for which it is so designated,
provided that the airline complies with the applicable
provisions of this Agreement.

Article 4
Withholding, Revocation and Limitation of Authorization
1. Each Party shall have the right to withhold the
authorizations referred to in Article 3 (Designation and
Authorization) of this Agreement with respect to an airline
designated by the other Party, and to revoke, suspend or
impose conditions on such authorizations, temporarily or
permanently:
a) in the event that they are not satisfied that the designated
airline has its principal place of business and permanent
residence in the territory of the designating Party;
b) in the event that they are not satisfied that the Party
designating the airline has and maintains effective
regulatory control of the airline;
c) in the event of failure of the Party designating the airline
to comply with the provisions set forth in Article 7
(Safety) and Article 8 (Aviation Security); and
d) in the event of failure that such designated airline is
qualified to meet other conditions prescribed under the laws
and regulations normally applied to the operation of
international air transport services by the Party receiving
the designation.
2. Unless immediate action is essential to prevent infringement
of the laws and regulations referred to above or unless
safety or security requires action in accordance with the
provisions of Articles 7 (Safety) or 8 (Aviation Security) of
this Agreement, the rights enumerated in paragraph 1 of this
Article shall be exercised only after consultations between
both Parties in conformity with Article 15 (Consultations) of
this Agreement.

Article 5
Application of Laws and Regulations
1. The laws and regulations of one Party governing entry into
and departure from its territory of aircraft engaged in
international air services, or the operation and navigation
of such aircraft while within its territory, shall be applied
to aircraft of the designated airline of the other Party.
2. The laws and regulations of one Party relating to the entry
into, stay in and departure from its territory of passengers,
crew and cargo including mail, such as those regarding
immigration, customs, currency and health and quarantine
shall apply to passengers, crew, cargo and mail carried by
the aircraft of the designated airline of the other Party
while they are within the said territory.
3. Neither Party shall give preference to its own or any other
airline over a designated airline of the other Party engaged
in similar international air transportation in the
application of its immigration, customs, quarantine and
similar regulations.
4. Passengers, baggage, cargo and mail in direct transit shall
be subject to no more than a simplified control. Baggage and
cargo in direct transit shall be exempt from customs duties
and other similar taxes.

Article 6
Recognition of Certificates
1. Certificates of airworthiness, certificates of competency and
licenses issued or rendered valid by one Party and still in
force shall be recognised as valid by the other Party for the
purpose of operating the agreed services provided that the
requirements under which such certificates and licenses were
issued or rendered valid are equal to or above the minimum
standards which may be established pursuant to the
Convention.
2. Each Party reserves the right, however, to refuse to
recognise for the purpose of flights above or landing within
its own territory, certificates of competency and licenses
granted to its own nationals by the other Party.

Article 7
Safety
1. Each Party may request consultations at any time concerning
the safety standards maintained by the other Party in areas
relating to aeronautical facilities, flight crew, aircraft
and the operation of aircraft. Such consultations shall take
place within thirty (30) days of that request.
2. If, following such consultations, one Party finds that the
other Party does not effectively maintain and administer
safety standards in the areas referred to in paragraph 1 of
this Article that meet the Standards established at that time
pursuant to the Convention (Doc 7300), the other Party shall
be informed of such findings and of the steps considered
necessary to conform with the ICAO Standards. The other Party
shall then take appropriate corrective action within an
agreed time period.
3. Pursuant to Article 16 of the Convention, it is further
agreed that, any aircraft operated by, or on behalf of an
airline of one Party, on service to or from the territory of
another Party, may, while within the territory of the other
Party be the subject of a search by the authorized
representatives of the other Party, provided this does not
cause unreasonable delay in the operation of the aircraft.
Notwithstanding the obligations mentioned in Article 33 of
the Convention, the purpose of this search is to verify the
validity of the relevant aircraft documentation, the
licensing of its crew, and that the aircraft equipment and
the condition of the aircraft conform to the Standards
established at that time pursuant to the Convention.
4. When urgent action is essential to ensure the safety of an
airline operation, each Party reserves the right to
immediately suspend or vary the operating authorization of an
airline of the other Party.
5. Any action by one Party in accordance with paragraph 4 of
this Article shall be discontinued once the basis for the
taking of that action ceases to exist.

Article 8
Aviation Security
1. Consistent with their rights and obligations under
international law, the Parties reaffirm that their obligation
to each other to protect the security of civil aviation
against acts of unlawful interference forms an integral part
of this Agreement. Without limiting the generality of their
rights and obligations under international law, the Parties
shall in particular act in conformity with the provisions of
the Convention on Offences and Certain Other Acts Committed
on Board Aircraft, signed at Tokyo on 14 September 1963, the
Convention for the Suppression of Unlawful Seizure of
Aircraft, signed at The Hague on 16 December 1970 and the
Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, signed at Montreal on 23 September
1971, its Supplementary Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving International
Civil Aviation, signed at Montreal on 24 February 1988, as
well as with any other Convention and Protocol relating to
the security of civil aviation which the Parties adhere to.
2. The Parties shall provide upon request all necessary
assistance to each other to prevent acts of unlawful seizure
of civil aircraft and other unlawful acts against the safety
of such aircraft, their passengers and crew, airports and air
navigation facilities, and any other threat to the security
of civil aviation.
3. The Parties shall, in their mutual relations, act in
conformity with the aviation security provisions established
by ICAO and designated as Annexes to the Convention; they
shall require that operators of aircraft of their registry or
operators of aircraft who have their principal place of
business or permanent residence in their territory and the
operators of airports in their territory act in conformity
with such aviation security provisions. Each Party shall
advise the other Party of any difference between its national
regulations and practices and the aviation security standards
of the Annexes to the Convention.
4. Each Party agrees that such operators of aircraft may be
required to observe the aviation security provisions referred
to in paragraph 3 above required by the other Party for entry
into, departure from, or while within, the territory of that
other Party. Each Party shall ensure that adequate measures
are effectively applied within its territory to protect the
aircraft and to inspect passengers, crew, carry-on items,
baggage, cargo and aircraft stores prior to and during
boarding or loading. Each Party shall also give sympathetic
consideration to any request from the other Party for
reasonable special security measures to meet a particular
threat.
5. When an incident or threat of an incident of unlawful seizure
of civil aircraft or other unlawful acts against the safety
of such aircraft, their passengers and crew, airports or air
navigation facilities occurs, the Parties shall assist each
other by facilitating communications and other appropriate
measures intended to terminate rapidly and safely such
incident or threat thereof.

Article 9
User Charges
1. User charges that may be imposed by the competent charging
authorities or bodies of each Party on the airlines of the
other Party shall be just, reasonable, not unjustly
discriminatory, and equitably apportioned among categories of
users. In any event, any such user charges shall be assessed
on the airlines of the other Party on terms not less
favourable than the most favourable terms available to any
other airline at the time the charges are assessed.
2. User charges imposed on the airlines of the other Party may
reflect, but shall not exceed, the full cost to the competent
charging authorities or bodies of providing the appropriate
airport, airport environmental, air navigation, and aviation
security facilities and services at the airport or within the
airport system. Such full costs may include a reasonable
return on assets, after depreciation.
3. Each Party shall encourage consultations between the
competent charging authorities or bodies in its territory and
the airlines using the services and facilities, and shall
encourage the competent authorities or bodies and the
airlines to exchange such information as may be necessary to
permit an accurate review of the reasonableness of the
charges in accordance with the principles in paragraphs 1 and
2 of this Article. Each Party shall encourage the competent
charging authorities to provide users with reasonable notice
of any proposal for changes in user charges to enable users
to express their views before changes are made.
4. Neither Party shall be held, in dispute resolution procedures
pursuant to Article 16 (Settlement of Disputes) of this
Agreement, to be in breach of a provision of this Article,
unless:
a) it fails to undertake a review of the charge or practice
that is the subject of complaint by the other Party within a
reasonable amount of time; or
b) following such a review it fails to take all steps within
its power to remedy any charge or practice that is
inconsistent with this Article.

Article 10
Customs Duties
1. Each Party shall on the basis of reciprocity exempt a
designated airline of the other Party to the fullest extent
possible under its national laws from customs duties, excise
taxes, inspection fees and other national duties and charges
not based on the cost of services provided on arrival, on
aircraft, fuel, lubricating oils, consumable technical
supplies, spare parts including engines, regular aircraft
equipment, aircraft stores and other items intended for use
or used solely in connection with the operation or servicing
of aircraft of the designated airline of such other Party
operating the agreed services.
2. The exemptions granted by this Article shall apply to the
items referred to in paragraph 1:
a) introduced into the territory of the Party by or on behalf
of the designated airline of the other Party;
b) retained on board aircraft of the designated airline of one
Party upon arrival in or leaving the territory of the other
Party; or
c) taken on board aircraft of the designated airline of one
Party in the territory of the other Party and intended for
use in operating the agreed services; whether or not such
items are used or consumed wholly within the territory of
the Party granting the exemption, provided the ownership of
such items is not transferred in the territory of the said
Party.
3. The regular airborne equipment, as well as the materials and
supplies normally retained on board the aircraft of a
designated airline of either Party, may be unloaded in the
territory of the other Party only with the approval of the
customs authorities of that territory. In such case, they may
be placed under the supervision of the said authorities up to
such time as they are re-exported or otherwise disposed of in
accordance with customs regulations.

Article 11
Fair Competition
Each Party agrees:
a) that each designated airline shall have a fair and equal
opportunity to compete in providing the international air
transportation governed by this Agreement; and
b) to take action to eliminate all forms of discrimination or
unfair competitive practices adversely affecting the
competitive position of a designated airline of the other
Party.

Article 12
Capacity
1. The designated airline or airlines of each Party shall have a
fair and equal opportunity to operate on any agreed route
between the territories of the Parties.
2. The capacity to be provided, the frequency of services to be
operated shall be specified in the Annex to this Agreement.
Any increases in the capacity to be provided or frequency of
services to be operated by the designated airlines of each
Party shall be agreed upon between the Parties.

Article 13
Tariffs
1. The Parties agree to give particular attention to tariffs
which may be objectionable because they appear unreasonably
discriminatory, unduly high or restrictive because of the
abuse of a dominant position, artificially low because of
direct or indirect subsidy or support, or "predatory".
2. Each Party may require notification or filing of tariffs
proposed by the designated airline(s) of the Parties for
carriage to or from its territory. Such notification or
filing may be required before the proposed date of
introduction.
3. Neither Party shall take unilateral action to prevent the
inauguration of a proposed tariff or the continuation of an
effective tariff of a designated airline of either Party for
carriage between the territories of the Parties.

Article 14
Commercial Opportunities
1. Each Party shall permit airline(s) of the other Party to
convert and transmit abroad, on demand, all local revenues
from the sale of air transport services and associated
activities directly linked to air transport in excess of sums
locally disbursed, with conversion and remittance permitted
promptly without restrictions, discrimination or taxation in
respect thereof at the rate of exchange applicable as of the
date of the request for conversion and remittance.
2. Each Party shall accord airlines of the other Party the right
to sell and market international air services and related
products in its territory (directly or through agents or
other intermediaries of the airline's choice), including the
right to establish offices, both on-line and off-line.
3. Each Party shall permit designated airlines of the other
Party to:
a) bring in to its territory and maintain non-national
employees who perform managerial, commercial, technical,
operational and other specialist duties which are required
for the provision of air transport services, consistent with
the laws and regulations of the receiving Party concerning
entry, residence and employment; and
b) use the services and personnel of any other organization,
company or airline operating in its territory and authorized
to provide such services.
4. Subject to applicable safety provisions, including ICAO
Standards and Recommended Practices (SARPs) contained in
Annex 6 to the Convention, the designated airline may choose
from among competing providers of ground handling services.

Article 15
Consultations
1. Either Party may, at any time, request consultation on the
interpretation, application, implementation or amendment of
this Agreement or compliance with this Agreement.
2. Such consultations shall begin within a period of sixty (60)
days from the date the other Party receives a written
request, unless otherwise agreed by the Parties.

Article 16
Settlement of Disputes
Any dispute arises between the Parties relating to the
interpretation or application of this Agreement, the Parties
shall settle it by consultations and negotiation.

Article 17
Amendments
1. Either Party may at any time request consultation with the
other Party for the purpose of amending the present Agreement
or its Annex. Such consultation shall begin within a period
of sixty (60) days from the date of receipt of such request.
2. Any amendment of this Agreement and its Annex shall be made
by written agreement between the Parties and shall come into
force once approved in accordance with the applicable legal
procedures of each Party.

Article 18
Termination
Either Party may, at any time, give notice in writing to the
other Party of its intention to terminate this Agreement. This
Agreement shall terminate twelve (12) months after the date of
receipt of the notice by the other Party, unless the notice is
withdrawn by agreement before the end of this period.

Article 19
Entry into force
This Agreement shall enter into force on the date of signature
and supersede the Agreement of Exchange of Traffic Rights
between the Civil Aeronautics Administration of the Republic of
China and the Civil Aviation Authority of the Republic of Nauru
signed on August 16, 1975 and the Revision (5) of the Agreement
of Exchange of Traffic Rights between the Civil Aeronautics
Administration of the Republic of China and the Civil Aviation
Authority of the Republic of Nauru signed and exchanged on March
23, 1988.

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

Done in duplicate in the Chinese and English languages on the
13th day of December, 2019 at Taipei, both texts being equally
authentic.


For the Government For the Government
of the Republic of of the Republic of
China (Taiwan) Nauru
__________________ __________________
LIN, Chia-Lung Lionel AINGIMEA
Minister President and
Ministry of Minister for
Transportation and Foreign Affairs and
Communications Trade