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MEMORANDUM OF AGREEMENT BETWEEN THE CIVIL AERONAUTICS ADMINISTRATION REPUBLIC OF CHINA AND THE FEDERAL AVIATION ADMINISTRATION DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA


【颁发部门】

【发文字号】

【颁发时间】 1970-08-18

【实施时间】

【效力属性】


1 WHEREAS, the Feberal Aviation Administration, United States ofAmerica, hereinafter referred to as the FAA, is in a position tofurnish directly services which the Civil Aeronautics Administr-ation of the Republic of China, hereinafter referred to as theCAA, has requested from the FAA on a reimbursable basis; andWHEREAS, Section 305 of the Federal Aviation Act of 1958 (49 U.-S.C. 1346) and Section 5 of the International Aviation Faciliti-es Act (49 U.S.C. 1154) authorizes the FAA to provide servicesto foreign governments. NOW, THEREFORE, the FAA and the CAA mutually agree as follows:ARTICLE Ⅰ Description of Services The FAA shall provide Site Test, Commissioning and/or PeriodicFlight Checks of the CAA Air Navigation Aids at such locationsand temes as requested by the CAA in writing and as mutually ag-reed upon, under the following conditions: A Ground equipment shall be in condition suitable for flight in-spection on the scheduled dates. A minimum of ten days advancenotice to FAA is required for change in the date of a schedul-ed flight. B The flight inspection procedures used shall conform to the U.-S. Standard Flight Inspection Manual and/or in accordance withICAO Annex 10 for evaluation of Air Navigation Aid Facilities.C Within 30 days following the completion of the flight inspect-ions, FAA will provide a written report to the CAA specifyingthe results of the flight inspection bogether with appropriaterecordings. In addition, the results of the flight inspectionwill be orally reported immediately after completion of the f-light inspection. D An officer or engineer designated by the CAA may accompany theaircraft during any or all phases of the flight inspection mi-ssion. No additional charge will be made for his carriage. Si-nce no insurance can be provided, he must sign a waiver of li-ability of the U.S. Government prior to any participation inany flights. E The FAA will be provided in advance with a carnet, laissez-pa-sser, or invitation from the CAA, which will serve the follow-ing purposes: 1 Constitute a waiver of all airport or other user charges. Inthe event a waiver of such charges is not possible, the cos-ts incurred will be added to total charge for flight inspec-tion performance. 2 Obviate the posting of bonds, technical equipment declarati-ons, inventories and custom, and other entrance formalities.F The FAA may, upon written request, furnish site evaluation gr-ound electronic equipment and/or an electronic engineer to as-sist in preliminary and final conduct of ground activities di-rectly related to establishment or evaluation of air navigati-on aids. G The CAA will provide the following: 1 All clearances for aircraft and crewas may be required forperformance of flight inspection services under this Agreem-ent. 2 A responsible electronic engineer present at the facility d-uring all flight check-ing operations. An interpreter will be provided if necessary. 3 Detailed charts of the areas to be covered during flight ch-eck. Charts to a scale of 1:50,000 should be provided for t-he immediate area, and to a scale of 1:250,000 and 1:500,000to a radius of approximately 50 nautical miles. 4 Provision of a permanent marker aligned with Magnetic Northwithin approximately 50 meters from the facility antenna wh-ere applicable. This marker will be used by the theodolite operator during flight check. 5 Exact coordinations of all facilities to be checked, includ-ing associated facilities such as compass locators, markers,etc. 6 Address all requests for services under this Agreement to:Federal Aviation Administration Pacific-Asia Region Aircraft management Branch, APC-220 P.O. Box 4009 Honolulu, Hawaii 96813 ARTICLE Ⅱ Estimated Costs and Method of Payment A The CAA will reimburse the FAA for flight inspection services provided under this Agreement at the current hourly rate peraircraft operating hour for FAA aircraft and crew. The FAA wi-ll provide written notification to the CAA of hourly rate cha-nges. Unless otherwise specified, such changes will become ef-fective thirty (30) days from the date of the FAA notificatio-n. The FAA will determine type of aircraft to be used based onavailability. The inspection flight hours shall be increasedby the enroute time. Aircraft enroute time within the area wi-ll be equitably distributed to users of the services. B If electronic engineering assistance is required, charges willbe in addition to the flight inspection charges as stipulatedby Article Ⅱ, A. C If FAA furnished site evaluation ground equipment is required,the CAA will pay all transportation costs to, from, and betwe-en affected sites plus any storage charges found necessary be-tween individual site evaluations. Specific shipping instruct-ions will be determined for each request for services. D The Civil Aeronautics Administration of the Republic of China hereby identifies the office to which FAA bills should be ren-dered as: Civil Aeronautics Administation Ministry of Communications Taipei International Airport Taipei, Republic of China E Charges for flight inspection services will be billed to theCAA upon completion or termination of the individual mission.Charges are payable by U.S. dollar check or draft drawn to "U-.S. Federal Aviation Administration," and should be forwardedin accordance with billing istructions. ARTICLE Ⅲ Liability The CAA, on behalf of the Republic of China, agrees to defend a-ny suit brought against the United States, the FAA or any instr-umentality or officer of the United States, arising out of work under this Agreement. The CAA, on behalf of the Republic of Chi-na, further agrees to hold the United States harmless against a-ny Claim by te Republic of China or any agency thereof, or thir-d persons for the personal injury, death, or property damage ar-ising out of work under this Agreement. ARTICLE Ⅳ Amendments Any changes in the services to be furnished under this Agreementshall be formalized by an appropriate written amendment to theAgreement which shall outline in detail the exact nature of the change. ARTICLE Ⅴ Effective Date This Agreement supersedes Agreement Number NAT-I-338 on this su-bject and is effective October 1,1978. It will remain in effect from year to year unless terminated as provided under Article VIof this Agreement. Number NAT-I-734 has been assigned to this A-greement for identification purposes ARTICLE Ⅵ Revocation This Agreement may be revoked at any time by either party by gi-ving thirty (30) days notice in writing. The Federal Aviation A-dministration and the Civil Aeronautics Administration of the R-epublic of China agree to the provisions of this Agreement as i-ndicated by the signatures of their duly authorized officers.Republic of China Civil Aeronautics Administration By: Y.T. Mau Director General, Civil Aeronautics Administration Title: Ministry of Communications Date: October 1,1978 Federal Aviation Administration Department of Transporation United States of America By: Noman H. Plummer Assistant Administrator for International Aviation Title: Affairs (Acting) Date: Aug.21,1978

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