of the publication of flight documents and forms in representative languages of areas through which major international air routes are operated. X RECOMMENDATION THAT CERTAIN MATTERS BE REFERRED TO THE INTERIM COUNCIL FOR STUDY RECOMMENDS: The International Civil Aviation Conference That the matters on which it has not been possible to reach agreement between the States represented at this Conference, in particular the matters comprehended within the headings of Articles II, X, XI, and XII of Document 358 (Draft of a Section of an International Air Convention Relating Primarily to Air Transport), together with Conference Documents 384, 385, 400, 407, and 429, and all other documentation relating thereto, be referred to the Interim Council provided for in the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944, with instructions to give these matters continuing study and to submit a report thereon with recommendations to the Interim Assembly as soon as practicable. RESOLVES: ΧΙ PUBLICATION OF DOCUMENTATION The International Civil Aviation Conference That the Government of the United States of America be authorized to publish the Final Act of this Conference; the Reports of the Committees; the Minutes of the Public Sessions; the Texts of any Multilateral Agreements concluded at the Conference; and to make available for publication such additional documents in connection with the work of this Conference as in its judgment may be considered in the public interest. RESOLVES: XII The International Civil Aviation Conference 1. To express its gratitude to the President of the United States, Franklin D. Roosevelt, for his initiative in convening the present Conference and for its preparation; 2. To express to its President, Adolf A. Berle, Jr., its deep appreciation for the admirable manner in which he has guided the Conference; 3. To express to the Officers and Staff of the Secretariat its appreciation for their untiring services and diligent efforts in contributing to the attainment of the objectives of the Conference. IN WITNESS WHEREOF, the following Delegates sign the present Final Act. DONE at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to each of the governments represented at the Conference. [Here follow the signatures of the representatives of all the participating Governments.] Appendix I INTERIM AGREEMENT ON INTERNATIONAL CIVIL AVIATION The undersigned, on behalf of their respective governments, agree to the following: Provisional international organization Structure of Duration of interim period Legal capacity ARTICLE I THE PROVISIONAL ORGANIZATION Section 1 The signatory States hereby establish a provisional international organization of a technical and advisory nature of sovereign States for the purpose of collaboration in the field of international civil aviation. The organization shall be known as the Provisional International Civil Aviation Organization. Section 2 The Organization shall consist of an Interim Assembly and an Interim Council, and it shall have its seat in Canada. Section 3 The Organization is established for an interim period which shall last until a new permanent convention on international civil aviation shall have come into force or another conference on international civil aviation shall have agreed upon other arrangements: provided, however, that the interim period shall in no event exceed three years from the coming into force of the present Agreement. Section 4 The Organization shall enjoy in the territory of each member State such legal capacity as may be necessary for the performance of its functions. Full juridical personality shall be granted wherever compatible with the constitution and laws of the State concerned. 44 ARTICLE II THE INTERIM ASSEMBLY Section 1 The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. Extraordinary meetings of the Assembly may be held at any time upon call of the Council or at the request of any ten member States of the Organization addressed to the Secretary General. Meetings of Assembly and voting power All member States shall have equal right to be repre- Representation sented at the meetings of the Assembly and each member in Assembly State shall be entitled to one vote. Delegates representing member States may be assisted by technical advisers who may participate in the meetings but shall have no vote. A majority of the member States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided herein, voting of the Assembly shall be by a simple majority of the member States present. Section 2 The powers and duties of the Assembly shall be to: 1. Elect at each meeting its President and other officers. 2. Elect the member States to be represented on the Council, as provided in Article III, Section 1. 3. Examine, and take appropriate action upon,. the reports of the Council and decide upon any matter referred to it by the Council. 4. Determine its own rules of procedure and establish such subsidiary commissions and committees as may be necessary or advisable. 5. Approve an annual budget and determine the financial arrangements of the Organization. 6. At its discretion, refer to the Council any specific matter for its consideration and report. 7. Delegate to the Council all the powers and authority that may be considered necessary or advisable for the discharge of the duties of the Organization. Such delegations of authority may be revoked or modified at any time by the Assembly. 8. Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council. Quorum of Assembly Powers and duties of Assembly 627038-45 Composition of Filling vacancies on Council Officers of Duties of the Decisions of Participation in matters before Council ARTICLE III THE INTERIM COUNCIL Section 1 The Council shall be composed of not more than 21 member States elected by the Assembly for a period of two years. In electing the members of the Council, the Assembly shall give adequate representation (1) to those member States of chief importance in air transport, (2) to those member States not otherwise included which make the largest contribution to the provision of facilities for international civil air navigation, and (3) to those member States not otherwise included whose election will insure that all major geographical areas of the world are represented. Any vacancy on the Council shall be filled by the Assembly at its next meeting. Any member State of the Council so elected shall hold office for the remainder of its predecessor's term of office. Section 2 No representative of a member State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service. Section 3 The Council shall elect, and determine the emoluments of, a President, for a term not to exceed the interim period. The President shall have no vote. The Council shall also elect from among its members one or more Vice Presidents, who shall retain their right to vote when serving as Acting President. The President need not be selected from the members of the Council but if a member is elected, his seat shall be deemed vacant and it shall be filled by the State which he represented. The President shall convene, and preside at, the meetings of the Council; he shall act as the Council's representative; and he shall carry out such functions on behalf of the Council as may be assigned to him. Decisions by the Council will be deemed valid only when approved by a majority of all the members of the Council. Section 4 Any member State not a member of the Council may participate in the deliberations of the Council whenever any decision is to be taken which especially concerns such member State. Such member State, however, shall not have the right to vote; provided that, in any case in which there is a dispute between one or more member States who are not members of the Council |