Bilateral Air Service Agreements

Bilateral agreements facilitate the mutual certificate of airworthiness for civil aviation products imported/exported between two signatory States. A bilateral airworthiness agreement (BAA) or a bilateral aviation safety agreement (BASA) with airworthiness implementation procedures (APIs) provides for technical cooperation between the FAA and its opposing civil aviation authorities. The Bureau of International Aviation and the U.S. Department of State negotiate bilateral and multilateral air transport agreements with U.S. foreign aviation partners. These agreements provide the basis on which airlines of participating countries can provide international air transport services for passengers, cargo and mail. Through air transport agreements, the United States is developing a competitive operating environment for U.S. air services between the United States and abroad. For more information on specific flight service contracts, please contact us. Since 1992, the Department has pursued an «open skies» policy aimed at eliminating government involvement in airline decision-making regarding routes, capacity and prices in international markets. The Open Skies agreements also include provisions on trade opportunities, security and protection. The United States has negotiated open skies agreements with more than 100 aviation partners. Since the use of aircraft within the borders of a single country makes no economic sense, it has become necessary for countries to find a way to expand their areas of operation.

This situation has led to several agreements between countries concluded in the form of bilateral air transport agreements between two countries. One of the first air transport agreements after World War II was the Bermuda Agreement. This agreement was signed in 1946 by the United States of America and the United Kingdom. The characteristics of the Bermuda Agreement became models for the many such agreements that would follow (Kasper, 1988).3 It is clear that some AAOs have been negotiated or renegotiated without fully considering the commercial elements necessary for the industry to reap the proposed targeted benefits of THE AAOs, nor has the focus been placed on the economic realities in which the country operates. For example, most agreements provide that fees must be paid to the Nigerian government if the designated Nigerian air carriers are unable to reciprocate under the agreement. This may be a good way to increase government revenues under the agreement, but it does nothing commercially for the industry. In some cases, agreements have been signed to completely stop paying these royalties. In contrast, Emirates reached an agreement with the South African authorities in 2014 on additional frequencies between South Africa and Dubai. It has been reported that the additional frequencies have been granted on the condition that the airline pays 40% of the cost of each ticket to South Africa Airways. As such, there was a commercial advantage for the national airline and the nation. It is recommended that the government consider similar or other commercial options to encourage domestic airlines to continue their activities and possibly expand their activities internationally.

The idea is not to reduce the frequencies or entry points of foreign airlines, but to bring the domestic aviation industry to a level of competitiveness that would compete with that of a foreign country. In addition, government and industry stakeholders need to pay internal attention to improving aviation infrastructure and other related areas to strengthen our bargaining power before attempting to renegotiate current agreements or negotiate future agreements. In addition to the certificate of airworthiness, bilateral aviation safety agreements provide for bilateral cooperation in various areas of aviation, including maintenance, flight operations and environmental certification. For aircraft certification, an additional document, an airworthiness implementation procedure, is developed to cover specific areas such as design approvals, production activities, export airworthiness approval, post-design approval activities and technical cooperation. In 1913, in what was probably the first such agreement, a bilateral exchange of notes[1] was signed between Germany and France to provide airship services. «I think it`s great service, keep up the good work.» The bilateral system is based on the Chicago Convention and its associated multilateral treaties. The Chicago Convention was signed in December 1944 and has governed international air traffic ever since. The Convention also contains a number of annexes on issues such as aviation security, security oversight, airworthiness, navigation, environmental protection and facilitation (acceleration and departure at airports). Bilateral air transport agreements are contracts signed between countries to enable international commercial air services between territories.

BASA promotes international air transport between countries, which supports and enables the movement of people, freight, trade and tourism. These agreements form the framework within which certain airlines from both countries serve certain ports from the other country. It usually covers issues related to traffic rights, use of intermediate routes, aircraft type, safety standards, competition, ownership policy, airline design and control, etc. so that both countries can benefit from the agreement, tariffs and tax issues. The Director General of the Nigerian Civil Aviation Authority announced at a press conference in January 2017 that Nigeria had concluded bilateral air transport agreements with 90 countries in December 2016. However, it is very important to note that only about thirty-nine of these signed agreements are active. The Ministry of Foreign Affairs, in cooperation with the Ministries of Transport and Trade, negotiates agreements with foreign governments that provide the framework for commercial air transport. The most liberal of these civil aviation agreements, the so-called «open skies» agreements, created the possibility of expanding international passenger and cargo flights to and from the United States. They promote economic growth by increasing travel and trade, increasing productivity and creating quality employment opportunities. Open Skies agreements achieve this by eliminating government intervention in airlines` business decisions regarding routes, capacity and prices, giving airlines the opportunity to offer consumers and shippers more affordable, convenient and efficient air travel. An air transport agreement (sometimes referred to as an air transport agreement or ATA or ASA) is a bilateral agreement that allows international commercial air services between signatories.

The SAAs cover the basic framework under which airlines are granted bilateral economic rights to fly two countries. .