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tion does not apply to any one or more of the territories for the foreign relations of which such State is responsible.

of

(2) The International Civil Aviation Organization shall give notice any such declaration to each signatory and adhering State.

(3) With the exception of territories in respect of which a declaration has been made in accordance with paragraph (1) of this Article, this Convention shall apply to all territories for the foreign relations of which a Contracting State is responsible.

(4) Any State may adhere to this Convention separately on behalf of all or any of the territories regarding which it has made a declaration in accordance with paragraph (1) of this Article and the provisions of paragraphs (2) and (3) of Article XXI shall apply to such

adherence.

(5) Any Contracting State may denounce this Convention, in accordance with the provisions of Article XXII, separately for all or any of the territories for the foreign relations of which such State is responsible.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.

DONE at Geneva, on the nineteenth day of the month of June of the year one thousand nine hundred and forty-eight in the English, French and Spanish languages, each text being of equal authenticity. This Convention shall be deposited in the archives of the International Civil Aviation Organization where, in accordance with Article XVIII, it shall remain open for signature.

Argentina El Gobierno Argentina hace reserva de otorgar a sus creditos fiscales la preferencia acordada en su legislacion nacional.

JUAN F. FABRI
GUILLERMO SUAYA

ARMANDO A. IRON

LUIS A. AEREAN

J. DH. OL. (J. DAMIANOVICH-OLIVEIRA)

Belgium

E. ALLARD

P. A. T. DE SMET

Brazil

H. C. MACHADO

TRAJANO FURTADO REIS

A. PAULO MOURA

E. P. BARBOSA DA SILVA

A. S. MARTINS-MAJORAS

China

WU NANJU

Colombia

MAURICIO T. OBREGON

France

HYMANS

H. BOUCHÉ

ANDRÉ GARNAULT

Iceland

AGNAR KOFOED-HANSEN

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Chile El Gobierno de Chile se reserva el derecho, con relacion a art. 10, inc. (2) del Convenio, de reconocer como derechos preferentes, de acuerdo con el orden establecido en su ley nacional, el credito del fisco por impuestos, tasas o derechos adenados por el propietario o tenedor de la aeronave y devengados en el servicio de esta, y el credito del trabajo por los sueldos y salarios de la tripulacion, por el périodo que limite la ley nacional.

G. EDWARD D. HAMILTON

RAMON RODRIGUEZ

Ireland

TIMOTHY J. O'DRISCOLL

I hereby certify that the present document is a full, true and correct copy of the Convention deposited in the Archives of the International Civil Aviation Organization.

EDITOR'S NOTE

ALBERT ROPER

The foregoing convention has been ratified or adhered to by the following countries on the dates indicated:

Algeria--.

Argentina..

Brazil____

Chile___

Cuba...

August 10, 1964
January 31, 1958
July 3, 1953

December 19, 1955

June 20, 1961

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2 Reservation accompanying ratification by Mexico: "The Mexican Government expressly reserves the rights belonging to it to recognize the priorities granted by Mexican laws to fiscal claims and claims arising out of work contracts over any other claims. Therefore, the priorities referred to in the Convention on the International Recognition of Rights in Aircraft shall be subject, within the national territory, to the priorities accorded by Mexican laws to fiscal claims and claims arising out of work contracts." The United States is unable to accept the reservation made by Mexico and does not regard the convention as in force between the United States and Mexico.

3 Applicable only to the Kingdom of the Netherlands in Europe and with a declaration stating that the Netherlands Government does not accept the reservation made by Mexico and therefore does not regard the convention as in force between the Netherlands and Mexico.

ROME CONVENTION

EDITOR'S NOTE

A convention on damage caused by foreign aircraft to third parties on the surface was opened for signature at Rome on October 7, 1952, and entered into force on February 4, 1958. The United States did not sign this convention, nor has it adhered. States parties to the convention are listed at the end of the text.

CONVENTION ON DAMAGE CAUSED BY FOREIGN AIRCRAFT TO THIRD PARTIES
ON THE SURFACE. DONE AT ROME, ON 7 OCTOBER 1952

The States signatory to this Convention

Moved by a desire to ensure adequate compensation for persons who suffer damage caused on the surface by foreign aircraft, while limiting in a reasonable manner the extent of the liabilities incurred for such damage in order not to hinder the development of international civil air transport, and also

Convinced of the need for unifying to the greatest extent possible, through an international convention, the rules applying in the various countries of the world to the liabilities incurred for such damage,

Have appointed to such effect the undersigned Plenipotentiaries who, duly authorised, have agreed as follows:

CHAPTER I

PRINCIPLES OF LIABILITY

Article 1

1. Any person who suffers damage on the surface shall, upon proof only that the damage was caused by an aircraft in flight or by any person or thing falling therefrom, be entitled to compensation as provided by this Convention. Nevertheless there shall be no right to compensation if the damage is not a direct consequence of the incident giving rise thereto, or if the damage results from the mere fact of passage of the aircraft through the airspace in conformity with existing air traffic regulations.

2. For the purpose of this Convention, an aircraft is considered to be in flight from the moment when power is applied for the purpose of actual take-off until the moment when the landing run ends. In the case of an aircraft lighter than air, the expression "in flight" relates to the period from the moment when it becomes detached from the surface until it becomes again attached thereto.

Article 2

1. The liability for compensation contemplated by Article 1 of this Convention shall attach to the operator of the aircraft.

2. (a) For the purposes of this Convention the term "operator" shall mean the person who was making use of the aircraft at the time the damage was caused, provided that if control of the navigation of the aircraft was retained by the person from whom the right to make use of the aircraft was derived, whether directly or indirectly, that person shall be considered the operator.

(b) A person shall be considered to be making use of an aircraft when he is using it personally or when his servants or agents are using the aircraft in the course of their employment, whether or not within the scope of their authority.

3. The registered owner of the aircraft shall be presumed to be the operator and shall be liable as such unless, in the proceedings for the determination of his liability, he proves that some other person was the operator and, in so far as legal procedures permit, takes appropriate measures to make that other person a party in the proceedings.

Article 3

If the person who was the operator at the time the damage was caused had not the exclusive right to use the aircraft for a period of more than fourteen days, dating from the moment when the right to use commenced, the person from whom such right was derived shall be liable jointly and severally with the operator, each of them being bound under the provisions and within the limits of liability of this Convention.

Article 4

If a person makes use of an aircraft without the consent of the person entitled to its navigational control, the latter, unless he proves that he has exercised due care to prevent such use, shall be jointly and severally liable with the unlawful user for damage giving a right to compensation under Article 1, each of them being bound under the provisions and within the limits of liability of this Convention.

Article 5

Any person who would otherwise be liable under the provisions of this Convention shall not be liable if the damage is the direct consequence of armed conflict or civil disturbance, or if such person has been deprived of the use of the aircraft by act of public authority.

Article 6

1. Any person who would otherwise be liable under the provisions of this Convention shall not be liable for damage if he proves that the damage was caused solely through the negligence or other wrongful act or omission of the person who suffers the damage or of the latter's servants or agents. If the person liable proves that the damage was contributed to by the negligence or other wrongful act or omission of the person who suffers the damage, or of his servants or agents, the compensation shall be reduced to the extent to which such negligence or wrongful act or omission contributed to the damage. Nevertheless there shall be no such exoneration or reduction if, in the case of the negligence or other wrongful act or omission of a servant or agent,

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