The Government of Japan and the Government of Portugal,
Desiring to establish aerial connection between Japan and the Island of Timor, have mutually agreed upon the following provisions:
Article 1. The Government of Portugal accord to a Japanese aerial transportation company designated by the Japanese Government an authorization to engage in the business of regular commercial aerial service between Palao or other point in the neighbourhood of Palao, designated by the Japanese Government, and Deli, and vice versa.
Article 2. The Government of Japan, on their part, accord to a Portuguese aerial transportation company designated by the Portuguese Government an authorization to engage in the business of regular commercial aerial service between Deli and Palao or other point in the neighbourhood of Palao, designated by the Japanese Government, and vice versa.
Article 3. The aerial transportation companies stipulated under the preceding two Articles shall have the obligation of transporting mails, passengers and goods, and the Governments of the two countries
mutually undertake not to impose any unjust restriction upon the transportation of such mails, passengers and goods by the company designated by each other.
The provisons [sic] of the present Agreement do not prevent either of the two Governments from prohibiting within their respective territory, for reason of the State, the transportation of mails and the debarkation or stay of all employees of the company engaged in the aerial service stipulated in Articles 1 and 2 of the present Agreement or of the members of the crew of the said company or passengers thereof.
Article 4. The aerial transportation company, designated by the Japanese Government, to carry on the business of aerial service provided under Article 1 must execute at least one return trip during the period of two weeks unless it is impossible to do so by reason of force majeure. The Portuguese company, designated by the Portuguese Government provided under Article 2, shall have the same obligation.
Article 5. The Portuguese Government assure to the Japanese company, designated by the Japanese Government, the utilization of ground equipments and technical facilities which are considered necessary for the execution of the flight over the route over the territory of Timor; and the Japanese Government, in turn, assure to the Portuguese company, designated by the Portuguese Government, the utilization of ground equipments and technical facilities which are considered necessary for the execution of the flight over the route over the territory of Japan.
Article 6. The technical details necessary for the execution of the present Agreement shall be fixed in the document signed between the competent authorities of the two countries.
Article 7. The Japanese Government reserve to themselves the right of revoking the designation accorded to a company and of designating
another Japanese aerial transportation company in its place. The Portuguese Government reserve to themselves the same right. In such a case the concession shall immediately become invalid with respect to the first company and the terms of the concession shall be applied to the company designated subsequently, the first company having no power to make any demand on account of this against the Government from which it has received the notice of revocation.
Article 8. The present Agreement shall become invalid in case the Japanese aerial service provided under this Agreement is not inaugurated within the maximum period of six months from the day when the utilization of ground equipments and technical facilities are deemed possible. The present Agreement shall also become invalid in case the said service is interrupted for a period exceeding six months, except in the case for reason of force majeure.
Article 9. The management of the aforementioned aerial service shall be regulated by the provisions of the Convention relative to aerial navigation of October 13, 1919, and by the laws and regulations in force within the territories over which the flight is made in so far as it does not contravene the said Convention of 1919. The aeroplanes of Portuguese and Japanese companies shall fly over the territories respectively of Japan and Portugal over the route designated by the Government of the country over which the flight is made. The departure from the said route may be made only in case of an emergency or with the consent of the Government of the country over which the flight is made.
Article 10. The concessions provided under this Agreement shall not be of an exclusive character. Both Governments reserve to themselves the right of authorizing the establishment of other aerial services in their respective territories in accordance with the conditions they deem proper.
Article 11. In case of the extension of the services provided under the
Articles 1 and 2 outside the territories of Timor and Japan, respectively, both Governments shall fix by common accord the conditions under which such an extension will be made.
Article 12. The present Agreement shall be in force thirty days after the date of the signature and be valid for the duration of five years; and thereafter shall be prolonged automatically each year. However, either of the two Governments may abrogate the present Agreement by giving notice to the other Government at least six months prior to the expiration of the first period of validity or the extended year.
In witness whereof, the undersigned, having been duly authorized by their respective Governments, have signed and affixed their seals thereto.
Done at Lisbon, in duplicate, in the French language, on this thirteenth day of October of the 16th year of Syōwa, corresponding to the thirteenth, October, 1941.
(signed) S. TIBA
" OLIV. SALAZAR