Air Laws and Treaties of the World

b. The aircraft must belong to the Afghan Government or its nationals, foreign residents in Afghanistan, or a company or corporation registered in accordance with the regulations in Afghanistan.

ARTICLE VII. An aircraft registered in the Aircraft Register may be flown, provided it has a valid certificate of airworthiness.

ARTICLE VIII. No person may pilot an aircraft, or participate in operating the aircraft as a member of the crew, or act as flying instructor, unless he holds an appropriate license.

ARTICLE IX. The Department of Civil Aviation may, in cases of contravention with article 8, revoke or temporarily suspend a permit, or license granted by it, or limit the rights contained therein, irrespective of penal proceeding.

ARTICLE X. Any person, physical or legal, desiring to undertake commercial air transportation must obtain an operating certificate from the Department of Civil Aviation.

ARTICLE XI. When any of the conditions necessary for the issue of an operating license no longer exist, or the holder of such certificate fails to comply with any of its provisions, the Department of Civil Aviation may revoke or temporarily suspend the operating certificate, or limit the rights granted therein.

ARTICLE XII. The importation of aircraft, engines, spare parts, all ground equipment, with regard to the objective of encouraging the development of civil aviation will be free from custom and other duties.

ARTICLE XIII. As a legal body, the Department of Civil Aviation can buy any kind of stable property in accordance with the Property Act, if it is necessary for the development of the civil aviation or the executing of its aims.

ARTICLE XIV. The Government may, upon the proposal of the Department of Civil Aviation, prohibit the construction of any building within a specified distance from the limits of an airport or airnavigation facility, if the construction of this building would create danger to aircraft in flight.

If such a building or obstacle existed prior to the enforcement of the present Act, the Government may remove or restrict it. Compensation for such damage must be made by the D.G. of C.A. [Director General of Civil Aviation].

The Department of Civil Aviation may use any public or private property either land, building or structure, for installation of airnavigation facilities necessary for the safety of flight, and has the right of entry to the said land, building or structure for the purpose of installing, operating or maintaining the said facilities. If, as a result of the installation, operation or maintenance of the said facilities, any inconvenience is caused, compensation for such inconvenience must be made by the Department of Civil Aviation.

CHAPTER THREE-THE DEPARTMENT OF CIVIL AVIATION

ARTICLE XV. There shall be a Director General of Civil Aviation, who shall head the Department of Civil Aviation, and who shall have responsibility for the administration of civil aviation, in Afghan

The Director General of Civil Aviation under general control of the Prime Minister or such Minister as may be designated by the Government is authorized to:

a. Organize air routes so that the country may benefit from the advantages of air transportation, establish such airports as are needed and provide air-navigation facilities and ground services necessary for the safe, regular, efficient and economical operation of civil aircraft into or over the territory of Afghanistan.

b. Foster air services with foreign countries for the purpose of developing and strengthening the economic and cultural relations of Afghanistan with those countries and negotiate appropriate agreements.

c. Encourage air transport organizations in order to provide for the needs of external and internal air transportation of passengers, cargo and mail.

d. Foster any other civil aviation activities.

e. Collect or arrange for the collection of charges for the use of airports, air-navigation facilities and ground services in accordance with the established regulations.

f. Supervise civil aviation activities according to the Civil Aviation Act and regulations in force.

g. Establish, collect or arrange for collection of fees in accordance with the Regulations, for the licenses, certificates and other documents.

h. Organize and sponsor training of Afghan nationals in different fields of civil aviation services.

i. Prepare and administer the annual and investment budgets for Civil Aviation.

j. Participate in the International Civil Aviation Organization and attend international aviation conferences with the approval of the Government.

k. Issue the regulations concerning different aspects of civil aviation activities and related to:

1. Flights of Afghan and foreign aircraft in or over Afghanistan.

2. Safety of flights.

3. Air traffic.

7. Customs procedures for aircraft entering or departing Afghanistan.

8. Aircraft documents.

9. Registration of aircraft.

10. Training of aviation personnel.

11. Training institutions.

12. Factories and maintenance.

13. Air transport.

14. Aircraft in distress.

15. Investigation of accidents.

16. Telecommunication.

17. Suspension or revocation of permits, certificates or licenses.

18. Detention of aircraft, and, having regard to the best practices, any other regulations needed for development of civil aviation and its proper control.

CHAPTER FOUR-CIVIL AVIATION COUNCIL

ARTICLE XVI. There shall be a Civil Aviation Council which shall be the highest authority to advise the Government in all civil aviation matters, and which shall particularly:

a. Advise the Government in civil aviation policy matters: b. Submit international agreement for ratification;

c. Advise the Government on civil aviation administration and investment budgets;

d. Interpret the civil aviation laws and rules, regulations and orders; especially in eventual disputes between the Department of Civil Aviation and other parties;

The Civil Aviation Council shall consist of five members appointed by the Government from Ministries interested in civil aviation and from persons especially qualified by knowledge and experience.

The chairman and vice-chairman of the Council shall be nominated by the Government.

A quorum of three, including either chair- or vice-chairman shall be needed for lawful decisions.

Decisions shall be taken by a majority of votes. If the votes are equally divided, the acting chairman shall have a second vote.

The Director of the Civil Aviation shall act as a secretary to the Civil Aviation Council.

The Council meeting will be called by the acting chairman at least once every three months.

ARTICLE XVII. By the judgment of the court the following persons shall be subject to a fine of not less than 1,000 Afs. [Afghanis] and of not more than 10,000 Afs. [Afghanis] or to imprisonment of not less than two months and not more than six months or to both.

a. Any person who engages in commercial air transportation without an operating certificate;

b. Any person who pilots an aircraft or, as a member of the crew, participates or assists in any way in operating an aircraft, or who acts as a flying instructor without the appropriate license.

c. Any person who pilots an aircraft without a certificate of airworthiness or with one the validity of which has expired. ARTICLE XVIII. If the offenses mentioned in Article XVII result in injury or death, the offender may also be subject to penalty laid down for a crime.

ARTICLE XIX. For minor infringements of this Act, rules or regulations, the Director General of Civil Aviation can impose a disciplinary fine not exceeding Afghanis 1,000.

20 Assad 1335

12 August 1956

AMENDMENT TO THE CIVIL AVIATION ACT

The sentence "Director General of Civil Aviation" stated in articles (15-16 and 19) of the Civil Aviation Act has been amended to “President of Civil Aviation".

ARGENTINA
PRELIMINARY

Prior to the enactment of the Aviation Code of July 15, 1954, air law in Argentina was regulated by a multitude of laws, decrees, and ordinances. The basic law was the decree of September 4, 1925, which, although passed "to bridge the gap until an Argentine law concerning air traffic is enacted" remained in effect until 1954. The regulation of July 30, 1926, concerning flight and landing rules on Argentine territory was amended more than 60 times-which made it almost impossible to get a clear view of the legal situation. These, and a number of other decrees and regulations have been superseded by

the code of 1954.

This code (Law No. 14,307, entitled "Aeronautical Code of the Argentine Republic"), apparently has not been amended since its enactment. However, in 1957 a special commission for the study of possible modifications in the code held meetings (ending on October 25, 1957) and may eventually present proposals for amending the code.

The Argentine Government recently has promulgated several decrees in regard to policies concerning air traffic.

The code is largely based on a draft law prepared by a commission appointed by a resolution of June 26, 1935, of the Ministry of the Interior. Article 3 of this draft law enunciated Argentine's sovereignty over the airspace above the country, but the Argentine Institute of Air Law, in preparing this code, considered it better legislative technique not expressly to state the principle of air sovereignty; since both the Paris convention of 1919 (art. 1) and the Chicago convention of 1944 (art. 1) recognize that each state has complete and exclusive sovereignty over the airspace above its territory, and since Argentina adhered to both conventions, it was held unnecessary to reaffirm "a right which nobody denies." Article 3 of the Aviation Code permits free aerial navigation except as specifically limited by the code. It should be noted that the French Air Code of 1955 (art. 17) and the West German Air Law of 1959 (art. 1) also grant freedom of the air, subject to specific limitations and conditions and, insofar as foreign aircraft are concerned, subject to reciprocity under multilateral or bilateral agreements. The British Civil Aviation Act, 1949 (sec. 8) merely states that the act gives effect to the Chicago Convention subject to compliance with the conditions set forth in the act. Section 104 of the Federal Aviation Act of 1958 also recognizes a public right of freedom of transit through the navigable airspace of the United States.

TABLE OF CONTENTS

Article

Title I. General provisions_

1-2

Title II. Provisions pertaining to navigation in the air_
Title III. Ground organization:

3-22

Chapter I. Airdromes..

23-29