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sultation between the competent authorities of both contracting parties, such consultation to begin within a period of sixty days from the date of the request. When these authorities mutually agree on new or revised conditions affecting the Annex, their recommendations on the matter will come into effect after they have been confirmed by an exchange of diplomatic notes.

ARTICLE 11

Except as otherwise provided in this agreement, or its Annex, any dispute between the contracting parties relative to the interpretation or application of this agreement, or its Annex, which cannot be settled through consultation shall be submitted for an advisory report to the Interim Council of the Provisional International Civil Aviation Organization (in accordance with the provisions of Article III, Section six (8) of the Provisional Agreement on International Civil Aviation signed at Chicago on December 7, 1944 2) or to its successor, unless the contracting parties agree to submit the dispute to an arbitration tribunal designated by agreement between the same contracting parties, or to some other person or body. The executive authorities of each of the contracting parties will use their best efforts under the powers available to them to put into effect the opinion expressed in any such report.

ARTICLE 12

Upon the coming into force of a general multilateral aviation convention, agreed to by both contracting parties, the provisions of the present agreement shall be modified to conform with those of such convention.

ARTICLE 13

For the purposes of this agreement and its Annex, except where otherwise provided therein:

(a) the expression "aeronautical authorities" shall mean, in the case of the United States of America, the Civil Aeronautics Board, and any person or agency authorized to perform the functions exercised at the present time by the Civil Aeronautics Board, or similar functions, and in the case of the Republic of Ecuador, the Minister of National Defense or any person or agency authorized to perform the functions exercised at present by that Minister, or similar functions.

(b) the expression "designated airlines" shall mean those airlines, that the aeronautical authorities of one of the contracting parties have stated in writing to the aeronautical authorities of the other contracting party, have been designated by it, in conformity with the stipulations of this agreement, for the routes specified in such designation.

EAS 469, ante, vol. 3, p. 934.

ARTICLE 14

This ageement, including the provisions of the Annex thereof, will come into force when ratified by Ecuador in accordance with its Constitution.

In witness whereof, the plenipotentiaries heretofore mentioned have signed the present agreement and have affixed their seals thereto.

Done at Quito this eighth day of January, 1947, in duplicate in the English and Spanish languages, each of which shall be of equal authenticity.

For the Government of the United States of America:

R. M. SCOTTEN

For the Government of the Republic of Ecuador:

E. ARÍZAGA TORAL

[SEAL] [SEAL]

ANNEX TO COMMERCIAL AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF ECUADOR

SECTION 1

It is agreed between the contracting parties:

A. That the airlines of the two contracting parties operating on the routes described in this Annex shall enjoy fair and equal opportunity for the operation of the said routes.

B. That the air transport capacity offered by the airlines of both countries should bear a close relationship to traffic requirements.

C. That in the operation of common sections of trunk routes the airlines of the contracting parties should take into account their reciprocal interests so as not to affect unduly their respective services.

D. That the services provided by a designated airline under this agreement and its Annex shall retain as their primary objective the provision of capacity adequate to the traffic demands between the country of which such airline is a national, and points under its jurisdiction, and the country of ultimate destination of the traffic.

E. That the right to embark and to disembark at points under the jurisdiction of the other contracting party international traffic destined for or coming from third countries at a point or points hereinafter specified, shall be applied in accordance with the general principles of orderly development to which both Governments subscribe and shall be subject to the general principle that capacity shall be related:

1. To traffic requirements between the country of origin, and points under its jurisdiction, and the countries of destination.

2. To the requirements of through airline operation, and

3. To the traffic requirements of the area through which the airline passes after taking account of local and regional services.

F. The appropriate aeronautical authorities of each of the contracting parties will consult from time to time, or at the request of one of the parties, to determine the extent to which the principles set forth in Section E of this Annex are being followed by the airlines designated by the contracting parties, so as to prevent an unfair proportion of traffic being diverted from any designated airline through violation of the principle or principles enunciated elsewhere in this agreement or its Annex.

SECTION 2

A. Airlines of the United States of America, designated in conformity with the present agreement, are accorded rights of transit and of nontraffic stop in the territory of the Republic of Ecuador as well as the right to pick up and discharge international traffic in passengers, cargo, and mail at Quito, Guayaquil, Riobamba, Esmeraldas, Manta, Salinas, Cuenca and Loja, on the following routes via intermediate points in both directions:

1. The United States and/or the Canal Zone to Quito, Riobamba, Esmeraldas, Manta, Salinas, Guayaquil, Cuenca and Loja and beyond Ecuador.

a. From Quito to Ipiales, Colombia

b. To points in Peru and beyond

2. The United States to Quito and Guayaquil and thence to Peru and beyond.

On the above route the airline or airlines authorized to operate the route may operate nonstop flights between any of the points enumerated omitting stops at one or more of the other points so enumerated.

B. Airlines of the Republic of Ecuador, designated in conformity with the present agreement, are accorded rights of transit and of nontraffic stop in the territory of the United States of America as well as the right to pick up and discharge international traffic in passengers, cargo, and mail at a point or points in the territory of the United States along a route or routes agreed to by the Governments of the United States and of Ecuador at such time as the Government of Ecuador desires to commence operations.

On the above route the airline or airlines authorized to operate the route may operate nonstop flights between any of the points enumerated omitting stops at one or more of the other points so enumerated.

HEALTH AND SANITATION PROGRAM

Exchange of notes and extension agreement signed at Quito June 21,
1947, supplementing and extending agreement of February 24,
1942, as supplemented and extended

Entered into force June 21, 1947; operative January 1, 1948
Program expired June 30, 1960

61 Stat. 3103; Treaties and Other
International Acts Series 1645

The American Chargé d'Affaires ad interim to the Minister of Foreign Affairs

EMBASSY OF THE
UNITED STATES OF AMERICA

No. 211

EXCELLENCY:

Quito, June 21, 1947

I have the honor to refer to the Embassy's note no. 503 of December 23, 1944 and the Ministry's reply, note no. 12-DDP-3 of January 15, 1945,1 the exchange of communications under which our governments agreed to continue until December 31, 1947 the cooperative program of public health and sanitation in Ecuador initiated in 1942.2

Since Your Excellency's Government expressed a desire for an extension of this agreement, and since my government was agreeable to extend it in modified form to June 30, 1948, Dr. Charles H. Miller, Special Representative of the Institute of Inter-American Affairs, undertook to discuss the matter with the appropriate officials of the Ecuadoran Ministry of Social Welfare and Labor. Approval of these direct discussions between Dr. Miller and the Ministry of Social Welfare and Labor was given during my recent conversation with the Under Secretary of the Ministry of Foreign Relations.

Enclosed is a copy of the agreement which they reached as signed today by Dr. Miller for the Institute of Inter-American Affairs and by Dr. Adolfo Jurado Gonzalez for the Ministry of Social Welfare and Labor.

I would be glad if Your Excellency would be so good as to confirm to me your approval of the proposals set forth in this agreement.

1EAS 473, ante, p. 398.

2

* Exchange of notes at Washington Feb. 24, 1942 (EAS 379), ante, p. 368.

It would be appreciated if I could have two signed copies of Your Excellency's reply.

Please accept, Excellency, the renewed assurances of my highest and most distinguished consideration.

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Relative to the Extension of the Cooperative Health and Sanitation Program by the Government of Ecuador and the Institute of Inter-American Affairs This EXTENSION AGREEMENT between Dr. Adolfo Jurado González Minister of Social Welfare and Labor (hereinafter called the "Minister"), representing the Government of Ecuador, and the Institute of Inter-American Affairs, a corporate instrumentality of the Government of the United States of America (hereinafter called the "Institute"), represented by Dr. Charles H. Miller (hereinafter referred to as the "Special Representative"), is entered into for the purpose of recording an extension and modification of the cooperative health and sanitation program which was undertaken in Ecuador pursuant to the exchange of notes between His Excellency Señor Dr. Eduardo Salazar, Minister Counselor of the Ecuadorean Embassy to the United States and the Honorable Mr. Sumner Welles, Under Secretary of State of the United States on February 24, 1942, as modified by subsequent exchange of notes between the Honorable Robert McGregor Scotten, Ambassador of the United States to Ecuador, and His Excellency Dr. Camilo Ponce Enriquez, Minister of Foreign Affairs of Ecuador, on December 23, 1944 and January 15, 1945, respectively, and in accordance with the agreement contained in the exchange of correspondence between the Representative of the Institute and the Minister of Social Welfare of Ecuador, dated January 4 and January 8, 1943, respectively, as further modified by later correspondence between the Executive Vice President of the Institute and the Minister of Social Welfare of Ecuador dated December 22, 1944, January 13, 1945, and January 18, 1945, (all of such notes and exchange of correspondence being hereafter collectively called the "Basic Agreement”).

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