Ratification of the Air Transport Agreement Subscribed between El Salvador and Brazil

September 20, 2023

On August 15, 2023, the Legislative Assembly of El Salvador, through Decree Number 820, ratified the Air Transportation Agreement between the Government of the Republic of El Salvador and the Government of the Federative Republic of Brazil (the "Agreement"), signed in New York, United States of America, on September 21, 2022. The Decree was published in the Official Gazette Volume 440, Number 160 dated August 30, 2023, and came into force 8 days after its publication, that is, on 07 September 2023.

Some of the relevant aspects of the content of the Agreement are the following:

Both contracting countries will have reciprocal rights to establish regular international air services on routes between both territories, among which we can mention:

Carry out (i) flights over the territory of each of the countries without landing (overflight); (ii) stopovers in the territory of each of the countries for non-commercial purposes; and (iii) stopovers on routes designated for embarking and disembarking international passenger, baggage, cargo and mail traffic (separately or combined).

Each country may designate in writing and through diplomatic channels, one or more airline to operate the agreed services on the routes designated in the Agreement. The aeronautical authorities of both countries may request the designated airlines to verify that they are qualified to comply with the obligations prescribed in laws, regulations and regulations that are required by each of the countries.

Likewise, each designated airlines may use its own aircraft, leased, chartered or exchanged aircraft for its operations, and must present the respective contract for its respective approval to the aeronautical authorities of each of the countries.

The Agreement provides exemptions from taxes and customs duties for an airline designated by each of the countries. The exemptions will be applicable to the extent possible and under the laws of each country.

In respect to tariffs, these may be freely established by each designated airline.

The airlines designated by each country will have the right to transfer to their main establishments or where they consider it convenient, without any restriction and subject to what the laws of each country prescribe, the income received by virtue of their activity as an air carrier in the territory of the other country. However, taxes, fees and contributions will be applied.

In relation to the freedoms of the Air, the Agreement contemplates that the designated airlines are authorized to exercise traffic rights of Third, Fourth and Fifth Freedoms of the Air, for passenger, luggage, cargo and mail transportation operations; and Third, Fourth, Fifth and Seventh Freedoms of the Air traffic rights for cargo operations.

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