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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on December 7, 1990; Entered into force on December 7, 1990.
 
1.Being duly authorized, the delegation led by Mr. Tzen Wen-Hua,
representative of Taipei Economic and Trade Office (formerly
the Chinese Chamber of Commerce to Jakarta) and the delegation
led by Mr. E. A. Tamara, chairman of the Indonesian Chamber of
Commerce to Taipei met in Taipei on 6th and 7th December, 1990
for discussions on matters related to the air services between
the two countries.
2.The list of both delegations appears in Attachment A of this
Agreed Minutes.
3.The meeting was held in a friendly and cordial atmosphere.
4.During the discussions both delegations agreed to the followi-
ng:
a.AIRLINE DESIGNATION
Both delegations agreed to designate one or more airlines to
provide the air services between the two countries. The Art-
icle 2 of the Air Services Agreement signed in Taipei on 17
November 1988 shall be replaced by the new version as Attac-
hment B of this Agreed Minutes.
b.NEWANNEX
The Annex to the Air Services Agreement signed in Taipei on
17 November 1988 and the subsequent Annex as amended on Nov-
ember 3rd, 1989 shall be replaced by the new Annex as Attac-
hment C of this Agreed Minutes.
c.DENPASAR OPERATIONS
In response to the request from Taipei Economic and Trade O-
ffice's delegation to include Denpasar as entitled operating
point for the airlines designated by Taipei Economic and Tr-
ade Office, the Indonesian Chamber of Commerce to Taipei's
delegation reiterated that this issue should be in line with
its current aviation policy that any foreign airline wishing
to operate to/from Denpasar is subject to commercial agreem-
ent with the airlines designated by the Indonesian, Chamber
of Commerce to Taipei.
d.CARGO OPERATIONS
Both delegations, after studying the cargo potential between
the two countries, have agreed to request the airlines esig-
nated by both Parties to study more in details about the po-
ssibilities of cargo scheduled services in the future.
e.WEEKLY FREQUENCIES
While the weekly frequencies with effect from the Summer Sc-
hedule 1991 is stipulated as six frequencies per week, Taip-
ei Economic and Trade Office's delegation proposed to incre-
ase to eight frequencies per week. The Indonesian Chamber of
Commerce to Taipei's delegation agreed to discuss the addit-
ional two frequencies in the next consultations.
5.The next consultations will be held in mid April 1991 in Indo-
nesia.
[Signecil
Tzen Wen--Hua
Representative
Taipei Economic and
Trade Office
[Signed]
E.A. Tamara
Chairman
The Indonesian Cham-
ber of Commerce to
Taipei

ATTACHMENT A--i
CHIEF DELEGATE
1.MR. TZEN WEN-HUA
Representative
Taipe Economic and Trade Office MEMBERS OF DELEGATION
2.MR. JACK Y. T. SHEN
Director, Planning, Legal & International Affairs Division Ci-
vil Aeronautics Administration
3.MR. MARK S. B. CHENG
Deputy Director
Department of East Asian and Pacific Affairs Ministry of Fore-
ign Affairs
4.MR. LIN SHINN-DER
Technidal Specialist Aviation Section Navigation & Aviation D-
epartment Ministry of Communications
5.MR. HOU CHIEN-WEN
Chief, International Affairs Branch, PLIA Division Civil Aero-
nautics Administration
6.MR. YENG HSLAO-MING
Manager, Industry Affairs Marketing and Planning Division Chi-
na Airlines
7.MR. SU HORNG-YIH
Deputy Senior Vice President Project Division EVA Airways Corp
.
8.MR. CHEN HSING-TE
Deputy Manager, International Affairs Department Project Divi-
sion EVA Airways Corp.

ATTACHMENT A-2
CHIEF DELEGATE
1.MR. E. A. TAMARA
Chairman, Indonesian Chamber of Commerce to Taipei
MEMBERS OF DELEGATION
2.MR.CAHYOADI
Director of Air Transport
Directorate General of Air
Communicatios
3.MR. EDWARD A. SILOOY
Head for Air Service Agreement
Dire ctorate General of Air
Communications
4.MR. H. BUDHIMAN
Regional Director, Asia
Garuda Indonesia
5.MR. IMAN SUTORO
Regional Director, Asia
Garuda Indonesia

ATTACHMENT B
ARTICLE 2
DESIGNATION AND
AUTHOIRIZATION
1.Each Party may designate in writing one or more airlines to c-
onduct transportation in accordance with the Agreement and may
withdraw or alter such designations.
2.Each Party may revoke, suspend or limit the operating authori-
zations or technical permissions of the airlines designated by
the other Party, or to impose such conditions as it may deem
necessary on the exercise of these rights:
(a) in any case where it is not satisfied that substantial owne-
rship and effective control of that airline are vested in t-
he Party designating the airline or in nationals of such co-
untry, or
(b) in the case of failure by that airline to comply with the l-
aws or regulations of the countiy granting these rights, or
(c) in case the airline otherwise fails to Agreement.
3.Unless immediate rebocatian, suspension or imposition of the
conditions mentioned in Paragraph 2 of this Article is essent-
ial to prevent further infringements of laws or regulations,
such rights shall be exercised only after consultations With
the other Party. In such a case, consultations shall begin wi-
thin a period of sixty (60) days from the date of the request
made by either Party for consultations.

ATTACHMENT C--l
ANNEX
To the Air Services Agreement between the Chinese Chamber of Co-
mmerce to Jakarta and The Indonesian Chamber of Commerce to Tai-
pei signed on November 17, 1988.

Section 1
A.Taipei Economic and Trade Office designated CHINA AIRLINES and
EVA AIRWAYS CORPORATION to operate the agreed services as men-
tioned in Section 2.A of this Annex.
B.The Indonesian Chamber of Commerce to Taipei designated GARUDA
INDONESIA to operate the agreed services as mentioned in Sect-
ion 2.B of this Annex.

Section 2
Airlines designated to perform the air transportation specified
in this Annex, shall be entitled to perform air transportation
between points on the following routes :
A.Route for the airlines designated by Taipei Economic and Trade
Office:
Points in the Republic of China, Hong Kong, Manila, Bangkok,
Kuala Lumpur, Singapore to Jakarta and beyond one point to be
named at a later date and rice verse.
B.Route for the airlines designated by the Indonesian Chamber of
Commerce to Taipei:
Points in Indonesia, Singapore, Kuala Lumpur, Bangkok, Manila,
Hong Kong to Taipei and beyond to Tokyo or Seoul and vice ver-
se.

ATTACHMENT C--2
The designated airlines of either Party may, on any or all flig-
hts, omit any point or points on the route specified above prov-
ided that the point of origin or destination is in the territory
of that Party.

Section 3
1.The designated airlines of either Party may operate up to 6 f-
requencies weekly on the route specified above according to t-
he following schedule With effect from Winter Schedule 1990 --
4 frequencies With effect from Summer Schedule 1991 -- 6 freq-
uencies
2.The equipment used by the designated airlines of either Party
shall be limited to DC10 / A300 / B747SP / B767 / MD11 aircra-
ft. Any increase of capacity and change to bigger aircraft sh-
all be subject to the approval of the civil aviation authorit-
ies of both countries.
3.Fifth freedom traffic rights to beyond point shall be limited
to two frequencies per week.

Section 4
Whenever the designated airlines of either Party wishes to use
points other than Taipei and Jaarta as origin and / or destinat-
ion, it shall be subject to the commercial agreement concluded
between both designated airlines and the approval of the civil
aviation authorities of both countries.
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