provides predetermination of capacity without referring to any general principles except those of "fair and equal opportunity" and "the interests of other airlines". CMB Article 9(3) is far more sophisticated and makes it clear that one's own third and fourth freedom traffic is the primary factor in determining capacity (which may not be what the Uzbeks want to hear at present). The procedure in Uzbek Article 9 is also complicated in that it involves, an exchange of diplomatic notes when capacity is determined Article 9(3) includes a reference to charter services. which we usually try to keep out of bilateral ASAS.
Article 10 This provides for the airlines to furnish all sorts of information in advance about their operating plans and seems very bureaucratic. We usually do not include this sort of provision
Article 11 This provides for statistics to be exchanged each month again, very bureaucratic
Article 12 A very simple tariff Article, based on agreement under IATA procedures followed by double approval from the aeronautical authorities. We will want to suggest something more modern and liberal.
Article 13 In general a good Article on representation. but Article 13(2) on supporting the good functioning of airlines offices - is probably not something we can agree to.
Article 14 Transfer of earnings is permitted "subject to and in accordance with the foreign exchange regulations of the Contracting Party in the territory of which the revenue accrued". This is too restrictive and would offer any UK airline which did operate to Uzbekistan little protection.
Article 15 This aviation security Article contains no reference to existing convention on the subject (eg the Tokyo The Hague and Montreal Conventions). In principle Uzbekistan should be prepared to continue applying any of those Conventions to which the former Soviet Union was a party, and should be prepared to accept a reference to them.
(There then follows a blank page numbered 18; is something missing?)
Article 16 A weak consultation Article with no time limits.
Article 18 A weak settlement of diprotes Aradale
Article 19 A confusing Article which does not make the position on application of the Chicago Convention clear at all.
Annex This is a mess. We would not want a specific treaty reference to the designated airlines, as it complicates the process f designating new airlines. As regards the Rouces,
schedule could
be simplified along the lines of the open CMB 10 Route Schedule (it is also interesting to note that UK airlines can fly "Points in the UK • Tashkent and back", whereas the Uzbek airlines can only fly
*
ICDAAG