' '

Agreement between

The Republic of San Marino, represented by the

Civil Aviation Authority

and

The Kingdom of Saudi Arabia, represented by the

General Authority of Civil Aviation

on the Implementation of Article 83bis of the Convention on International Civil Aviation

CERTIFIED TRUE COPY OF ORIGINAL DOCUMENT

SIGNED

DATE

WHEREAS, Article 83bis of the Convention on International Civil Aviation (Chicago, 1944) (the Convention), with a view to enhanced safety, provides that a State ofRegist:Iy may transfer to the State of the Operator all or part of the State of Registry's functions and duties ofregist:Iy under Articles 12, 30, 31, and 32(a) of the Convention;

WHEREAS, in order to establish precisely the international obligations and responsibilities of the Republic of San Marino (State of Regist:Iy) and the Kingdom of Saudi Arabia (State of the Operator); and

WHEREAS, with reference to the relevant Annexes to the Convention on International Civil Aviation, this AGREEMENT organises the transfer from the Republic of San Marino to the Kingdom of Saudi Arabia of responsibilities normally carried out by the State of Registry, as set out in Sections 3 and 4 below;

The Government of the Republic of San Marino, represented by its Civil Aviation Authority, (hereinafter called Civil Aviation Authority);

and

The Government of the Kingdom of Saudi Arabia, represented by its General Authority of Civil Aviation, (hereinafter called General Authority of Civil Aviation);

Herein after referred to as "the Parties", have agreed as follows:

ARTICLE I-SCOPE

Section 1.

Section 2.

The Republic of San Marino shall be relieved of responsibility in respect of the functions and duties transferred to the Kingdom of Saudi Arabia under this AGREEMENT.

The scope of this AGREEMENT shall be limited to types of aircraft on the register of civil aircraft of the Republic of San Marino and operated by aircraft operator(s) for a term of more than 180 days whose principal place of business is in the Kingdom of Saudi Arabia. The list of aircraft concerned, identified by type, registration number, serial number and lease agreement duration if applicable, is reproduced in Attachment 1.

ARTICLE 11-TRANSFERRED RESPONSIBILITIES

Section 3. Under this AGREEMENT, the Parties agree that the Republic of San Marino transfers to the Kingdom of Saudi Arabia the following functions and duties, including oversight and control of relevant items contained in the respective Annexes to the Convention:

Annex 1: Personnel Licensing, the Republic of San Marino will issue validations of licences issued by the Kingdom of Saudi Arabia

Annex2:

Annex6:

Rules of the Air, enforcement of compliance with applicable rules and regulations relating to the flight and manoeuvre of aircraft.

Operation of Aircraft (Part I - International Commercial Air Transport -Aeroplanes), all responsibilities which are normally incumbent on the State

~ .. ~2

~~ (' ' .

Section 4.

of Registry. Where responsibilities in Annex 6, Part I, may conflict with responsibilities in Annex 8 - Airworthiness of Aircraft, allocation of specific responsibilities is defined in Attachment 2.

Under this AGREEMENT, the Republic of San Marino will retain full responsibility under the Convention for the regulatory oversight and control of Annex 8 -Airworthiness of Aircraft, and the approval of repair stations used by the operator, The procedures related to the continuing airworthiness of aircraft to be followed by the operator will be contained in the operator's maintenance control manual ( GMM). Attachment 2 hereunder describes the responsibilities of the Parties regarding the continuing airworthiness of aircraft.

ARTICLE Ill-NOTIFICATION

Section 5.

Section 6.

Section 7.

Responsibility for notifying directly any States concerned of the existence and contents of this AGREEMENT rests with the Republic of San Marino as the State of Registry, as needed. This AGREEMENT, as well as any amendments to it, shall also be registered with ICAO by the Republic of San Marino in accordance with the Rules for Registration with ICAO of Aeronautical Agreements and Arrangements (Doe 6685).

A certified true copy, in the English language, of this AGREEMENT shall be placed on board each aircraft to which this Agreement applies.

A certified true copy of the air operator certificate (AOC) issued to the operator by the Kingdom of Saudi Arabia, in which the aircraft concerned will be duly listed and properly identified, will also be carried on board each aircraft. These aircraft will not be listed in any other AOC issued by the CAA of San Marino.

ARTICLE IV--COORDINATION

Section 8.

• -1

Meetings between the Civil Aviation Authority and the General Authority of Civil Aviation of the Kingdom of Saudi Arabia will be held at approximately twice a year intervals to discuss both operations and airworthiness matters resulting from inspections that have been conducted by respective authorities. For the sake of enhanced safety, these meetings will take place for the purpose of resolving any discrepancies found as a result of the inspections and in order to ensure that all parties are fully informed about the operator's operations.

The following subjects will be among those reviewed during these meetings:

Flight Operations

Continuing airworthiness and aircraft maintenance

Operator's GMM procedures, if applicable

Flight and cabin crew training and checking

Any other significant matters arising from inspections Review of the agreement, including addition or subtraction of aircraft to or

from Attachment 1

~3

Section 9. Subject to reasonable notice, the Civil Aviation Authority of the Republic of San Marino will be permitted access to the General Authority of Civil Aviation of the Kingdom of Saudi Arabia's documentation concerning operator(s) listed in Attachment 1 in order to verify that the Kingdom of Saudi Arabia is fulfilling its safety oversight obligations as transferred from the Republic of San Marino.

Section 10. During the implementation ofthis AGREEMENT, and prior to any aircraft subject to it being made the object of a sub-lease, the Kingdom of Saudi Arabia, remaining the State of the Operator, shall inform the Republic of San Marino. None of the duties and functions transferred from the Republic of San Marino to the Kingdom of Saudi Arabia may be carried out under the authority of a third State without the express written agreement of the Republic of San Marino.

ARTICLE V-FINAL CLAUSES

Section 11. This AGREEMENT will enter into force on its date of signature. Any modification to the AGREEMENT shall be agreed by the parties thereto in writing.

Section 12. Any disagreement concerning the interpretation or application of this AGREEMENT shall be resolved by consultation between the Parties.

Section 13. In witness thereof, the undersigned directors of civil aviation (or representatives) of the Republic of San Marino and the Kingdom of Saudi Arabia have signed this AGREEMENT.

For the Government of the Republic of San Marino

Name: MARCO CONTI

Title: DIRECTOR GENERAL

Place: SAN MARINO

For the Government of the Kingdom of Saudi Arabia

Name: ABDULHAKIM M. ALBADIR

Title: Assistant Vice President, GACA, S&AT

Place: JEDDA

Signature:

.. ·~----~-~ . ...:--/

~/ .r-7 ~,=>nJiul~~llii.ol.r_!l~-"'!1

Gentr.ll Au!hori!} of Ci~il Aviation

~~'"""'lit!~~ ~~.JI 1J..'ibtlg .. .

GACA- SlvAT Attachment 2 - Responsibilities of the Republic of San Marino ~'Ffl'iii"Riiffgiiffiirr'tl~audi

Arabia Regarding Airworthiness

4

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ATIACHMENT 1

AffiCRAFf AFFECTED BY THIS AGREEMENT

Aircraft Type Registration Mark Serial Numbe•· Leasing Term Operator

CL-600-2B 16 ( 604) T7-BCH 5822 One year PrivatAir Saudi Arabia Ltd.

c;?s

ATIACHMENT2

General Authority of Civil Aviation Saudi Arabia and Civil Aviation Authority ofthe Republic of San Marino

Functional Responsibilities Matrix a) This document fonnatted, as a matrix sets out the division of functional regulatory oversight responsibilities between GACA and the CAA SMR. b) References are given to applicable ICAO SARPs. c) For clarity this matrix has four sections, eacb addressing primary functional areas of regulation.

Section One-Aircraft Operations and Airworthiness Interface

lineRef ICAO Documents Subject Responsibilities of the State of Registry (CAA SMR) Responsibilities of the State of Operator (GACA)

I Permit to Fly The CM SMR in response to an application shall review for issuance On application from the Operator shall undertake to validate the (FERRY) of a Pennit to Fly. Permit to Fly issued by the CAA SMR.

2 Annex 8 Part 11 Aircmfi certification CAA SMR shall provide GACA the certification basis for aircraft listed In respect to functions of opemtional oversight, GACA shall Chapter 1.2. 2 standards in Attachment I of the agreement. consider the certification basis of each aircraft.

3 Annex 6 Part I Special Operations In association with GACA process for the issuance of Special For the issue of Special Opemtions approvals, co-ordinate with the Chapter4 Opemtions approvals, ensure the applicable CM SMR airworthiness, CAA SMR to ensure that required airworthiness approvals are

certification standards and maintenance requirements are complied with granted. for the issuance of airworthiness approvals required by Special

Operations approvals. 4 Units of CM SMR shall coordinate with the GACA to ensure any additional GACA shall ensure by coordination with the CAA SMR that

Measurement aircraft to schedule I of the agreement and that of any proposed design installed aircraft instrumentation units of measurement are complian change for the same are compatible with GACA opemtional standards with GACA opemtional requirements.

for units Of measurement 5 Annex 6 Part I Equipment and CM SMR shall coordinate with GACA in respect to undertaking any fu addition to the minimum equipment necessary for the issuance of

Chapter 6.1.1 Configuration required certification and or airworthiness approval in support of a certificate of airworthiness, the instruments, equipment and flight ensuring the aircraft are compliant with applicable equipment and documents prescribed by GACA regulation shall be required to be

Configuration standards. installed or carriedas appropriate in accordance to the airplane mode of operation and to the circumstances under which any particular

flight is to be conducted. The prescribed instruments and equipment shall be that at least required by Annex 6 Part I.

6

l LineRef ICAO Documents Subject Responsibilities ofthe State of Registry(CAA SMR) Responsibilities of the State of Operator(GACA)

6 Annex 8 Part !I Aircraft Limitations CAA SMR shall promulgate to GACA the approved document GACA shall ensure through regulatory oversight that aircraft are Chapter 3.4 Annex and Information references of all flight performance data and lirnitatio ns required to be operated in compliance with the terms of their certificates of 6 Part I Chapter complied with for safe operation of the aircraft listed in Schedule I. airworthiness and within the approved operating limitations

52.3 contained in the applicable Flight Manual and associated data. 7 Annex 8 Part !I Damage to aircraft CAA SMR shall ensure that rectification action has been accomplshed GACA shall require the Operator to maintain procedures that

Chapter 3.6 1" accordance with the applicable certification standard, to approved dam provide notification to GACA and the CAA SMR of aircraft damage and to maintenance standards required by CAA SMR regulation [CARs]. that has been assessed to be outside the parameters of the applicable

Structoral Repair Manual. 8 Annex 8 Part !I Accident Prevention CAA SMR shall correlate,analyze and report on establish corrective GACA shall ensure Operators furnish reports [SDR MOR] of actual

Chapter4.2.4 Measures actions to A W occurrences and where appropriate by arrangement with or potential safety deficiencies relating to operational and GACA. airworthiness of aircraft to GACA and the CAA SMR. To analyze

and report on establish corrective actions to occurrences and where appropriate by arrangement with CAA SMR

Section Two -Certification of Aircraft 9 Annex 8 Part I! Issue and re issue of CAA SMR shall issue and reissue certificates of airworthiness in GACA shall verify that the certificate of airworthiness is valid and the

Chapter 32.1 the Certificate of compliance with the applicable TCDS.(Cl:Irmn:a) Operator has approved procedures to ensure these certificates remain &32.3 Airworthiness in force.

lO Annex 8 Part I! T ernporary loss of CAA SMR shall have oversight of the operators [GMM] control GACA shall require Operators to maintain approved procedures Chapter 3.5 airworthiness procedures that shall ensure appropriate operational control of aircraft [GMM] that shall render an aircraft ineligible for operation until the

in the event of the certificate of airworthiness not b~ in force. aircraft is certified to be in an airworth_y_ condition. 11 Annex 6 Part I MEL CAA SMR will inform GACA of the certification standards of an GACA shall approve MELs, with consideration of any new applicable

MMEL I CDL for each aircraft listed in schedule I. requirements furnished to GACA by the CAA SMR Chapter 6.1.3

12 Annex 6 Part I Noise Certification CAA SMR shall issue noise certificates in compliance with ICAO GACA shall ensure that the CAA SMR noise Chapter 6.13 Annex 16. Certificate is carried on the aircraft.

Section Three - Continued Airworthiness of Aircraft 13 Annex 6 Part I Operators CAA SMR shall promulgate to GACA standards of continued GACA shall require Operators to maintain procedures [GMM] that

Chapter 8.l.l Maintenance airworthiness management Each airplane operated in accordance with shall ensure aircraft are operated in an airworthy condition. Responsibility this AGREEMENT shall be required to be maintained in an airworthy

condition (Certificate of Airworthiness to be in force).

7

LineRef ICAO Documents Subject Responsibilities of the State ofRegistry(CAA SMR) Responsibilities of the State of Operator(GACA)

14 Annex 8, Part Mandatory Conf= that the GACA and the AOC holders listed in Schedule I GACA shall require Operators to have approved procedures !I, Chapter 4; continuing receive all applicable mandatory continuing aiiworthiness information [GMM] that ensures compliance to applicable mandatory continuing

Doe 9760, airworthiness and verifY with the operator through a progranune of regular oversight; airworthiness information. Volume 11, Part B, information compliance with this data.

Chapter 8 15 Software Managemen CAA SMR shall promulgate to GACA standards of software GACA shall require appropriate operator approved procedures

management and verify through operator oversight. [GMMJ. 16 Annex 6 Part 1 Electronic navigation CAA SMR shall promulgate standards of electronic navigation database GACA shall ensure that operators monitor both the process for

Chapter7.4.l data management management to GACA. utilization in operation; navigation datahases and the products delivered meet acceptable standards of integrity and are compatible

with the intended function of the equipment that will use them. 17 Annex 6 Part I Maintenance CAA SMR shall approve and maintain continued oversight of the GACA shall require appropriate operators approved procedures

Chapter 8.3.1 ProiU'3IDIDe operators' aircraft maintenance programmes. (GMM). 18 Annex6Part1 Continuing CAA SMR shall investigate for approval of maintenance programme GACA shall require operator procedures [GMM] to ensure

Chapter8.5.l airworthiness amendments and ensure that operators obtain and assess continuing compliance with continued airworthiness information identified by & 8.52 information & airworthiness information available from the organization responsible the applicable Type Design organization or that identified in any

Instructions for Type Design and implement resulting actions considered necessary CAA SMR approved design change or maintenance programme in accordance with an approved procedure. amendment.

19 Annex 6 Part 1 Modifications and CAA SMR shall investigate for approval of all design changes and GACA shall verifY operator compliance to any required Flight Chapter8.6 reparrs repairs and coordinate with GACA where Flight Manual changes are Manual amendment resulting from an incorporated design change.

made. Section Four-Maintenance Arraneements I

20 Annex 6 Part 1 Maintenance CAA SMR shall accept or approve under CAR 145 all maintenance GACA shall require appropriate operators approved procedures Chapter 8.1.1 and Organization activities. [GMM].

Chapter 8.7.1.1 Approval 21 Annex 6 Part 1 Maintenance Release CAA SMR shall accept or approve under CAR GEN all GACA shall require appropriate operators approved procedures

Operator mainteoance activities. [GMM]. Chapter 8.1.2 Responsibility

8

LineRef ICAO Documents Subject Responsibilities of the State of Registry(CAA SMR) Responsibilities of the State of Operator(GACA)

22 Annex 6 Part I Maintenance iaw CAA SMR shall maintain oversight of the operators Continued GACA shall require appropriate operators procedures and personnel Chapter 8.1.4 GMM Airworthiness Management arrangements in compliance with CAR accountabilities [GMM].

OPS I, Subpart M] and GACA approved GMM. 23 Annex 6 Part I Maintenance Oversee compliance with CAA SMR approved Maintenance GACA shall validate the operators approved [GMM] requiring the

Chapter 8.1.5 Responsibilities Programme and approved Reliability Management System as required operator to maintain its aeroplanes in accordance with the approved by the applicable aircraft Tyj>e_ Certificate Holder. Maintenance ~ and associated Reliabili_ty_ Programmes.

24 Annex 6 Part I Operator's CAA SMR shall perform regulatory oversight of the operators' GACA shall ensure the operator provides, for the use and guidance of maintenance control compliance with CAA SMR Continued Airworthiness Management maintenance, airworthiness and operational personnel concerned, a

Chapter 82.1 manual Requirements fCAROPS l,SubpartM]. maintenance control ~oved ~ CAA SMR manual [GMM]. 25 Annex 6Partl Operator's .._AA SMR shall provide GACA and operator (CAR OPS I, Subpar GA CA shall v a l i d a t e the Operators GMM, and shall

Chapter 81.4 maintenance control M) procedures to be included in the approved [GMM]. incmporate in it such mandatory material as the CAA SMR may manual require.

26 AOAnnex 13 Incident Investigation flR shall in the event of an accilent or serious incident cooperate with shall in the event of an accident or serious incident cooperate with ~A and any appointed investigator in charge established under the AA SMR, where applicable the Italian ANSV and any appointed ~ds of the ICAO convention and Annex !3.(The CAA SMR has an :stigator in charge established under the standards of the ICAO MENT with the Italian ANSV for their involvement in such events). convention and Annex 13.

Section Five- Other Arrallj!ements 27 AOAnnex I Licenses AA SMR shall issue a blanket validation for GACA licenses shall ensure that pilots and technicians are certified according to !CA!

Pilots and Technicians. annex I. 28 A0Annex6 Records AA SMR shall ensure that maintenance and in-service records and 1'1- will ensure that the operator is responsible for maintaining aircraft

documentation relevant to the aircraft are made available. records. The records will include: Total time in service for the aircraft and life-limited

components; Current compliance with all mandatory continuing

airworthiness information; c) Details of modifications and repairs;

Time in service since last overhaul and/or last inspection of the aircraft instruments, equipment and components;

e) Current aircraft inspection status; and f) Details on maintenance activitieS]JCiformed.

29 Various Mutual exchange of information xchange of information of significant in-service events or reporting of damage

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