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MEMORANDUM OF AGREEMENT
NAT-I-3430 BETWEEN THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE KINGDOM OF THAILAND
AND
THE FEDERAL AVIATION ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION OF THE UNITED STATES OF AMERICA
ON
 CIVIL AVIATION TECHNICAL ASSISTANCE


            WHEREAS, the Federal Aviation Administration of the Department of Transportation of the United States of America, hereinafter referred to as the FAA, is directed to encourage the development of civil aeronautics and the safety of air commerce, and is authorized to furnish on a reimbursable basis to foreign governments certain technical assistance to that end; and

            WHEREAS, the Ministry of Transport and Communi-cations of the Kingdom of Thailand, hereinafter referred to as the MOTC, has requested that such technical assistance be provided;

            NOW THEREFORE, the MOTC and the FAA, collectively referred to herein as the Parties, mutually agree as follows:

ARTICLE I—OBJECTIVE

            A. This Memorandum of Agreement, hereinafter referred to as the Agreement, establishes the terms and conditions under which the FAA may provide assistance to the MOTC in developing and modernizing the civil aviation infrastructure in the managerial, operational and technical areas. For this purpose, the FAA shall, subject to the availability of appropriated funds and necessary resources, provide personnel, resources, and related services to assist the MOTC to the extent called for in the annexes and appendices to this Agreement.

            B. The FAA’s ability to furnish the full scope of technical assistance provided for under this Agreement depends on the use of the systems and equipment in Thailand that are similar to those used by the FAA in the U.S. National Airspace System. To the extent that other systems and equipment are used in Thailand, the FAA may not be able to support those other systems and equipment under this Agreement.

ARTICLE II—IMPLEMENTATION

            A. Specific technical assistance in areas of personnel, training, equipment, or services to be provided by the FAA for the MOTC shall be delineated in annexes and appendices to this Agreement. When signed by the Parties, such annexes and appendices shall become part of this Agreement. Such annexes and appendices shall contain a description of the technical assistance to be performed by the FAA, the personnel and other resources required to accomplish the tasks, the estimated costs, implementation plans, and duration.

            B. MOTC shall designate the Department of Aviation (DOA), Aeronautical Radio of Thailand Limited (AEROTHAI), Airports Authority of Thailand (AAT), New Bangkok International Airport CO., LTD. (NBIA), Thai Airways International Public Company Limited (TAI), Civil Aviation Training Center (CATC) and other agencies if agreed upon by the Parties as the implementing agencies in their respective fields to implement this Agreement.

            C. The designated office at the MOTC for the coordination and management of this Agreement, and where all requests for services under this Agreement should be made, is:

Office of the Permanent Secretary
Ministry of Transport and Communications
Ratchadamnoen Nok Avenue,
Bangkok, 10100
THAILAND.
Telephone No. (662) 280-5638
Fax No. (662) 280-1714
            However, the Office of the Permanent Secretary, MOTC, may permit direct contact between FAA and relevant designated agencies on particular issues.

            D. The designated office at the FAA for the coordination and management of this Agreement, and where all requests for services under this Agreement should be made, is:

Federal Aviation Administration
Office of International Aviation, AIA-400
800 Independence Ave., S.W.
Washington, D.C. 20591
Telephone No. (202) 267-8169
Fax No. (202) 267-5032
ARTICLE III—DESCRIPTION OF SERVICES

            A. The technical assistance provided by the FAA at the request of the MOTC may include, but is not necessarily limited to, the following:

                    1. Providing technical and managerial expertise to assist the MOTC in developing, improving, and operating its civil aviation infrastructure, standards, procedures, policies, training, and equipment;

                    2. Providing training for MOTC personnel in the United States or in Thailand;

                    3. Inspecting and calibrating MOTC-owned or-operated equipment and air navigation facilities; and

                    4. Providing resources, logistical support, and equipment for air navigation facilities.

            B. Assistance in these and other areas, as mutually agreed to, may be accomplished by appropriate short- and long-term in-country assignments or by other assistance offered by the FAA.

ARTICLE IV—STATUS OF FAA PERSONNEL

            A. The FAA shall assign personnel to perform the services agreed upon in the annex and appendix. The personnel assigned may be the employees of the FAA or another U.S. Government agency. Personnel assigned to any activity shall retain their status as U.S. Government employees. The supervision and administration of the personnel shall be in accordance with  the  policies  and  procedures  of  the  FAA  as an agency of the U.S. Government. The assigned personnel shall perform at the high level of conduct and technical execution required by the FAA.

ARTICLE V—HOST PARTY SUPPORT

            A. The support by the MOTC or implementing agencies necessary for accomplishing the FAA technical assistance shall be in accordance with the pertinent FAA or other U.S. regulations, rules, or procedures. The MOTC or implementing agencies also shall provide such additional support as may be set forth in each annex or appendix.

            B. If for any reason the MOTC or implementing agencies are unable to provide fully the support specified in each annex or appendix, or if the support provided is not equivalent to that prescribed in pertinent FAA or other U.S. regulations, rules, or procedures, the FAA shall, after consultations with the MOTC or implementing agencies, arrange for the support and charge the costs for such support to the MOTC or implementing agencies.

ARTICLE VI - FINANCIAL PROVISION

            A. The MOTC or its implementing agencies concerned shall reimburse the FAA, in accordance with the provisions set forth in this Agreement and its annexes and appendices, for all costs (including administrative overhead charges) associated with the technical assistance provided by FAA. In the event of a termination by either Party under Article XI of this Agreement, the MOTC shall pay all costs incurred by the FAA:

                    1. Prior to the date of such termination: and

                    2. During the 60 day close-out period.

            B. Each annex or appendix shall set forth the specific and detailed financial arrangements concerning the activities described in that annex or appendix. However, all financial arrangements shall be subject to the following:

                    1. Payment of bills shall be due within sixty (60) days from date of billing. Payments shall be made in U.S. dollars and may be made either by check  or electronic funds transfer or any other mutually accepted means. Checks shall be drawn on a U.S. bank and forwarded to the FAA at the address specified. Electronic funds transfers shall be credited to FAA’s account as follows: follows: Federal Reserve Bank of New York, 021030004 Account Treas NYC (69001104) FAA. All payments shall include a reference to the assigned agreement number and billing number.

                    2. In the event that payment is not made within sixty (60) days from the date of billing, U.S. Treasury Department regulations prescribe and require the FAA to assess late payment charges—i.e., interest, penalties, and administrative handling charges—in subsequent billing. These late charges shall be assessed for each additional thirty (30) day period, or portion thereof, that payment is not received. The MOTC or its implementing agencies concerned shall pay any such late payment charges.

            C. Agreement number NAT-I-3430 has been assigned by the FAA to identify this project and shall be referenced in all correspondence and bill related to this Agreement.

ARTICLE VII—LIABILITY

            A. The MOTC, on behalf of the Government of the Kingdom of Thailand, agrees to defend any suit brought against the Government of the United States, the FAA, or any instrumentality or officer of the United States arising out of work performed under this Agreement. The MOTC, on behalf of the Government of the Kingdom of Thailand, further agrees to hold the United States, the FAA, or any instrumentality or officer of the United States harmless against any claim by the Government of the Kingdom of Thailand, or by any agency thereof, or by third persons for personal injury, death, or property damage arising out of work performed under this agreement.

            B. The MOTC and FAA understand that all services, parts, equipment, software, and information furnished under this Agreement are components within the scope of “work performed under this Agreement” for the purpose of the obligation of MOTC under paragraph A of this Article to defend any suit brought against the United States or any officer or instrumentality of the United States arising out of work under the Agreement.

            C. The MOTC and FAA further understand that grossly negligent, fraudulent, or criminal acts resulting in personal injury, death, or property damage shall not be considered within the scope of “work performed under this Agreement” for the purpose of the obliga-tion of the MOTC under this Article to defend any suit or to hold harmless against any claim brought against the United States or any officer of instru-mentality of the United States arising out of work under the Agreement.

ARTICLE VIII—FACILITATION

            Each Party shall use its best efforts to facilitate entry into and exit from its territory, in accordance with its laws and regulations, of personnel and equipment engaged or used in projects and programs under this Agreement or its annexes or appendices.

ARTICLE IX—AMENDMENTS

            This Agreement or its annexes or appendices may be amended by agreement in writing between the Parties.

ARTICLE X—RESOLUTION OF DISAGREEMENTS

            Any disagreement regarding the interpretation or application of this Agreement or its annexes or appendices shall be resolved by consultations between the Parties and shall not be referred to any international tribunal or third party for settlement.

ARTICLE XI—ENTRY INTO FORCE AND TERMINATION

            A. This Agreement shall enter into force on the date of the last signature and shall remain in force until terminated.

            B. This Agreement or its annexes or appendices may be terminated at any time by either Party by providing sixty (60) days notice in writing to the other Party. Termination of this Agreement shall not affect existing obligations of the MOTC under Articles IV, VI, and X. The FAA shall have sixty (60) days to close out its activities following termination of this Agreement or its annexes or appendices. Termination of this Agreement also shall terminate all annexes and appendices subsequently concluded by the Parties pursuant to this Agreement.

ARTICLE XII—AUTHORITY

            The FAA and the MOTC agree to the provisions of this Agreement as indicated by the signature of their duly authorized representatives.

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