MEMORANDUM PAC/Meet/224 To: All Members, Passenger Agency Conference Accredited Representatives From: Director, FDS Operations Date: 28 August 2013 Subject: “PASSENGER WEEK 2013” PASSENGER AGENCY CONFERENCE 36th Meeting of the Passenger Agency Conference (PAConf/36) Dublin, Ireland, 29 and 30 October 2013 CALL OF MEETING NOTICE OF MEETING PAConf/36 was convened by Memorandum PAC/Meet/223 of 25 July 2013. This transmittal contains the initial Agenda Documentation. A further transmittal is scheduled to be published on 27 September 2013. The 36th Passenger Agency Conference (PAConf/36) will be held at the Convention Centre, Dublin, Ireland. The Conference will commence at 09.00 hours on Tuesday, 29 October 2013 and is expected to last through to 12.30 hours on Wednesday, 30 October 2013. Meetings of the Passenger Agency Conference Steering Group (PSG) and the Passenger Agency Programme Global Joint Council (PAPGJC) will also take place during the week. Below is the schedule of meetings: Event PSG/85 PAPGJC/19 PAConf/36 PAConf/36 PSG/85 (contd) Date Monday 28 October Monday 28 October Tuesday 29 October Wednesday 30 October Wednesday 30 October Participation PSG members only PAPGJC members only All IATA Member Airlines All IATA Member Airlines PSG members only Working hours 09.00-10.00 11.00-18.00 09.00-18.00 09.00-12.30 Immediately following the close of PAConf/36 The full schedule of industry events for the week is given in the “Pax-Week” programme enclosed. International Air Transport Association Route de l'Aeroport 33 PO Box 416 CH - 1215 Geneva 15 Airport Switzerland Tel: +41 22 770 2731 Fax: +41 22 770 2896 www.iata.org MEETING SITE All the above meetings will be held at: The Convention Centre Dublin Dublin Ireland Refer to: http://www.theccd.ie/ ACCREDITATION OF REPRESENTATIVES AND ALTERNATES Your attention is drawn to Article V of the Provisions establishing procedures for the accreditation of representatives and alternates to the Passenger Agency Conference. Our list of registered representatives and alternates is shown at Attachment ‘A’. In order to avoid confusion as to voting rights, please ensure that your accreditation is in order. If you wish to change your company’s accreditation particulars, kindly use the attached accreditation forms (Attachments ‘B’ and ‘C’) and return them without delay to the IATA Geneva office at the address indicated on the form. IMPORTANT If any of the information shown is incorrect, please notify this office immediately. IATA has not received completed accreditation forms for those names highlighted in grey. Members are requested to complete the appropriate form and return it as soon as possible to Janet Mekkaoui (mekkaouij@iata.org , fax +41 22 770 2631). Please note that without an accreditation form you may NOT VOTE. AGENDA ITEMS Agenda items should be addressed to the Secretary of the Passenger Agency Conference, care of mekkaouij@iata.org . Members are invited to set out proposals in accordance with the model shown in Attachment ‘D’. Submissions in standard word format, in original copy and single spaced, would be appreciated since that simplified the task of producing the agenda. Kindly ensure that submissions are in adequate detail including, where appropriate, suggested resolution amendments. All proposals will be assumed to be for normal effectiveness of 1 June 2014 unless otherwise requested. DEADLINES The timetable for the submission of agenda items is: 2nd Transmittal Papers required by: Publication date: 20 September 27 September RESTRUCTURING OF PACONF AGENDA The PAConf Steering Group (PSG), at its 83rd meeting held on 10-12 July 2013, approved a proposal to restructure the PAConf agenda by posting routine reports that require no PAConf action to a dedicated web site. Full details of the new format are to be found in Agenda Item A7. PACONF REGISTRATION Running in parallel to the industry meetings is the third IATA World Passenger Symposium (WPS) during the period 29-31 October – the premier “must attend” event in the aviation industry. Last year the event attracted some 650 delegates from the entire value chain who reported a satisfaction rate of 94%. This year's event will look at the journey through the eyes of the customer. It will focus on the customer experience from shopping for air travel to the actual ground experience. You will hear first-hand the latest news on NDC (New Distribution Capability) as well as progress on the new programs which will impact the passenger airport experience. Bring your big ideas along with hundreds of strategic minds and industry leaders to enhance the travel supply chain! Register now and benefit from an early bird rate! To view the preliminary agenda, refer to: http://www.iata.org/events/passengersymposium/Documents/world-passenger-symposium2013-preliminary-agenda.pdf REGISTRATION PROCESS: STEP-BY-STEP Registrations for the industry meetings which are taking place during the World Passenger Symposium are now open. As in the past, attendance at the industry meetings is free of charge for member airlines. However, there is a charge for participation in any of the symposium events (and the option to attend the cocktail reception and/or gala dinner). To register please click on the link below: https://ems.resrunner.com/IATAwps If you only plan to attend one or more of the industry meetings, choose: “Industry Meetings only” (discount code I13IMOC – no charge will be applied for attending industry meetings only. Note: the charge initially displayed will be removed once the promotional code is entered and applied. Additional fees will apply if attending cocktail reception and/or Gala Dinner.) If you want to attend both the event and the industry meetings choose: “Industry Meetings and WPS” (discount code I13WPSIMD) Please make sure you enter your discount code I13WPSIMD at the payment phase to take advantage of the US$750.00 rate (excluding the 23% VAT). If you have selected only the industry meetings without any of the paid for options the total reflected will be 0.00 therefore no payment required. However, you may be asked for your credit card details as a guarantee for your hotel reservation. HOTEL ACCOMMODATION (You can book your hotel while registering online, or go back online after you have registered) Clarion Excise Walk, IFSC Dublin 1, Co. Dublin +353 (1) 433 8800 http://clarionhotelifsc.com/ € 160 single and € 170 double/twin The Marker Grand Canal Square, Grand Canal Dock, Dublin 2 +353 (1) 687 5100 http://www.themarkerhoteldublin.com/ € 180 single and € 200 double/twin Maldron Hotel Cardiff Lane Cardiff Lane, Sir John Rogersons Quay, Dublin 2, Ireland, +353 (1) 643 9500 http://maldronhotelcardifflane.com/ € 155 single and € 165 double/twin Gibson Hotel Point Village Dublin 1 +353 (1) 681 5000 http://www.thegibsonhotel.ie/ € 160 single and € 175 double/twin All hotel rates include buffet breakfast, wireless internet and VAT. Reservation cut-off and cancellation date is 2 October 2013. After this date, reservations and changes will be accepted on a space/rate available basis. VISAS Members are strongly advised to check visa requirements for entry into Ireland and, if necessary, obtain a visa at least two months before the date of the Conference. If required, a letter of invitation can be requested at the time of registering attendance using the online registration tool. I very much look forward to seeing you in Dublin during the Passenger Week of events. Javier Gallego Alonso Director, FDS Operations Attachments: Attachment ‘A’ PASSENGER AGENCY CONFERENCE ACCREDITED REPRESENTATIVES On file with the Secretary as at 28 August 2013 Status Airline Airline Trading Name Code First Name/ Last Name Job Title Email Address AC JP Adria Airways Anamarija Kovač Manager, IATA Affairs/Training anamarija.kovac@adria.si Comm AC A3 Aegean Airlines S.A. Michael Kouveliotis Finance Director mkouveli@aegianair.com AL A3 Aegean Airlines S.A. Stephanos Sadopoulos Sales Manager Southern Greece stephanos.sadopoulos@aegeanair.com EI Aer Lingus Marie O'Connor Passenger Sales Services Manager marie.oconnor@aerlingus.com AC SU Aeroflot Alexander Khilchenko Director of Sales Dept. akhiltchenko@aeroflot.ru AC AR Aerolíneas Argentinas Marta Chiban BSP Travel Agencies Management mchiban@aerolineas.com.ar AL AR Aerolineas Argentinas Jorge Rizzuto BSP Accounting Coordinator jrizzuto@aerolineas.com.ar AC AM Aeromexico Patricia Piza Villagrana Director, Revenue Accounting ppiza@aeromexico.com.mx P5 Aero Republica (Aero Republica SA) VV Aerosvit Airlines Julia Gerasymchuk Head of Intl Organizations Group julia.gerasymchuk@aerosvit.com 8U Afriqiyah Airways Mohamed Elmeshkhy Organizatons and Intl. Relations Manager melmeshkhy@afriqiyah.aero ZI Aigle Azur Sabrina Roulland PA to CEO s.roulland@aigle-azur.fr AC AH Air Algérie Karim Nemra Distribution Manager sdvnk@airalgerie.dz AL AH Air Algérie Dalil Brahimi Head of Agency Services sdrtbd@airalgerie.dz AC 4L Air Astana Peter Foster President peter.foster@airastana.com AL 4L Air Astana Ibrahim Canliel VP Marketing & Sales ibrahim.canliel@airastana.com AL KC Air Astana Richard Ledger Director Sales Worldwide richard.ledger@airastana.com UU Air Austral Fabrice Adam Marketing Manager fadam@air-austral.com BT Air Baltic Svetlana Abashkina Manager Revenue Accounting saa@airbaltic.lv AB Air Berlin Thorsten Scherzer SVP Distribution thorsten.scherzer@airberlin.com AL AC Air Canada Robert Boulert General Passenger Sales Manager robert.boulert@aircanada.ca AC AC Air Canada Susan Clements Director, Agency Sales susan.clements@aircanada.ca AC CA Air China Limited Xu Xin Director of Sales Mgmt, Revenue Acctg Dept. xuxin@airchina.com AL CA Air China Limited Yanqiu Shi Sales Audit Assistant shiyanqiu@airchina.com XK Air Corsica Isabelle Guyot-Jeanne Directrice Commercial isjeanne@aircorsica.com AC UX Air Europa Jose Maria Hoyos Alda Deputy Managing Director jmhoyos@air-europa.com AL UX Air Europa Isabel Vives March Accounting & Admin. Manager ivives@air-europa.com AC AF Air France Rodolphe Lenoir Director Global Distribution rolenoir@airfrance.fr AL AF Air France Helene Millet Senior Manager Distribution hearnaudmillet@airfrance.fr AC AI/IC Air India Pankaj Srivastava General Manager - Marketing pankaj.srivastava@airindia.in AL AI/IC Air India (NACIL) Padmini Balsekar Dy. Manager-Tariffs Indaffairs@airindia.in JS Air Koryo Sin Guk Bo AC NX Air Macau Guo Ping General Manager Revenue Management guoping@airmacau.com.mo AL NX Air Macau Ivan Ng Asst. Mgr Revenue Management ivanng@airmacau.com.mo MD Air Madagascar Annie Rasamaro Sales Regulations Dept. Annie.Rasamaro@airmadagascar.com QM Air Malawi Gertrude Nyirenda Revenue Accounts Manager nyirenda-g@airmalawi.com AC KM Air Malta Tonio Farrugia General Manager, Commercial tonio-joseph.farrugia@airmalta.com Agreements AC MK Air Mauritius Dinesh Laljee Revenue Accountant 9U Air Moldova SW Air Namibia Helena Kapiya AC NZ Air New Zealand Jason O'Connell Industry Relations Manager jason.oconnell@airnz.co.nz AL NZ Air New Zealand Annemarie Williams Revenue Risk Manager annemarie.williams@airnz.co.nz AC PX Air Niugini Dominic Kaumu Dpty General Manager Sales dkaumu@airniugini.com.pg AC PX Air Niugini John Polume Pricing, Agency & Interline Manager jpolume@airniugini.com.pg AC YW Air Nostrum Miguel Falcon Martin Industry Affairs Director mfalcon@airnostrum.es gaca@silibank.com dlaljee@airmauritius.com info@airmoldova.md helena.kapiya@airnamibia.aero AC AP Air One SpA Giorgio Callegari Executive VP callegari.giorgio@alitalia.it AC FJ Air Pacific Shobna Krishna Manager Financial Planning & Analysis shobna.krishna@airpacific.com AL FJ Air Pacific Janesh Kumar Revenue Acccountant janesh.kumar@airpacific.com HM Air Seychelles Agnes Pillay Pricing Manager apillay@airseychelles.com VT Air Tahiti Patrick Martineau Commercial Director direction.generale@airtahiti.pf TN Air Tahiti Nui TS Air Transat George Petsikas Director GIA gpetsikas@airtransat.com AC NF Air Vanuatu Joseph Laloyer CEO & Managing Director jlaloyer@airvanuatu.com AL NF Air Vanuatu Floyd Smith GM - Sales & Marketing fsmith@airvanuatu.com UM Air Zimbabwe SB Aircalin 4Z Airlink AC AS Alaska Airlines Sharla Gibson Manager, Sabre Support sharla.gibson@alaskaair.com AC AZ Alitalia Adolfo Ceccarini Head of GDS Relations ceccarini.adolfo@alitalia.it AL AZ Alitalia Anna Rita Coletta GDS Relations coletta.anna.rita@alitalia.it UJ AlMasria Universal Airlines Ms. Shereen Farid Communications & Intl. Affairs Manager shereen@almasriaairlines.com NH All Nippon Airways Taku Okuno Sales Strategy & Promotion, Marketing & Sales Planning t.okuno@ana.co.jp AL AC fly@airtahitinui.pf amakamure@airzimbabwe.aero Jean-Louis Le Démézet Fares & Regulations Supervisor jlld@aircalin.nc dev@flyairlink.com AL NH All Nippon Airways Sawako Oda Assistant Manager, Marketing & s.oda@ana.co.jp Sales Planning AL NH All Nippon Airways Atsushi Yabuki Deputy Director, Marketing & Sales Planning yabuki@ana.co.jp AL NH All Nippon Airways Takeru Okamoto Senior Manager takeru@ana.co.jp K4 ALS Shakeel Khan Commercial Director shakeel@als.co.ke AC AA American Airlines H. Paige Blunt Manager - Travel Agency Services Paige.Blunt@aa.com AC W3 Arik Air Trevor Henry AVP – Global Sales & Distribution Trevor.henry@arikair.com AC IZ Arkia Israeli Airlines Ltd. Philip Berman IATA Representative philipb@arkia.co.il U8 Armavia OZ Asiana Airlines Inc. KK Atlasjet International Airways AC OS Austrian Airlines Werner Kropf Specialised Employee Rev. Accounting Werner.kropf@austrian.com AC AV Avianca Juan Ricardo Castillio Director Ventas Internacional jrcastillo@avianca.com AL AV Avianca Agustin Arango General Director Europe aarango@avianca.es AC J2 Azerbaijan Airlines opr@azal.az AC JA B & H Airlines bkasumagic@bhairlines.ba BN Bahrain Air PG Bangkok Airways Co., Prote Setsuwan Ltd. AC AC a.matevosyan@u8.am B.S. Kim A. Aziz Alshaer Manager, International Affairs Team bumskim@flyasiana.com m.hepyuksel@atlasjet.com Sr Mgr Secretariat Corporate Affairs & Govt Relations aalshaer@bahrainair.net VP Marketing prote@bangkokair.com AC B2 Belavia - Belarusian Airlines Irina Kochetkova IATA Affairs Co-ordinator at B2 irene.kochetkova@belavia.by LZ BelleAir AC BG Biman Mohammad Shah Newaz AL BG Biman Dr. Md Shafiqur Rahman General Manager Marketing & Sales NT Binter Canarias taleman@bintercanarias.es BV Blue Panorama claudia.pappagallo@bluepanorama.com KF Blue1 tom.christides@blue1.fi AC BD bmi Huw Hopkins Manager, Industry & Government Affairs Huw.Hopkins@flybmi.com AC BA British Airways Martin Ryan Manager GDS & Payment Cards martin.ryan@ba.com AC SN Brussels Airlines Nadia Gerard Manager Aeropolitical, Facilitation & Interline ngerard@brusselsairlines.com AC FB Bulgaria Air Mr Pavlov CEO of Hemus Air & Bulgaria Air grisha@air.bg; ceo@air.bg; AC BW Caribbean Airlines Ms. Nirmala Ramai Executive Director, Airports Nirmala.ramai@caribbean-airlines.com AL BW Caribbean Airlines Wayne Henry Executive Manager, Revenue Accounting Wayne.henry@caribbean-airlines.com V3 Carpatair AC CX Cathay Pacific Clarence Tai General Manager Sales & Distribution clarence_tai@cathaypacific.com AL CX Cathay Pacific Airways Helen Sum Assistant Manager, Agency Distribution helen_sum@cathaypacific.com XK CCM Airlines Mrs Isabelle GuyotJeanne IATA Contact isjeanne@aircorsica.com r.vasili@flybelleair.com Director Marketing & Sales dmsbiman@bdbiman.com gmsales@bdbiman.com paula.ardelean@carpatair.com CI China Airlines Michael Lo VP Passenger Marketing & Sales Michael_lo@china-airlines.com AC MU China Eastern Yiqiang Liu Manager IATA Affairs yqliu@ce-air.com AC CZ China Southern Airlines Weijun Dong Manager, Revenue Accounting dongwj@csair.com AL CZ China Southern Airlines Yang Tian Asst. Manager, Sales QI Cimber Sterling Lene Sejr Shulman Revenue Accounting Assistant lss@cimber.dk WX CityJet damian.manly@cityjet.com MN Comair Ltd. susan.vandryst@comair.co.za DE Condor (Condor Flugdienst GmbH) holger.goese@condor.com DF Condor Berlin Holger Goese Contract Manager CS Continental Micronesia Susan Beichley Senior Director, Revenue Accounting & Analysis CM Copa Airlines Luis Zelaya Director, Revenue Accounting SS Corsair OU Croatia Airlines AL AC tianyang@csair.com holger.goese@condor.com lzelaya@copaair.com c.pavee@corsairfly.com Lana Stimac IATA Affairs Training Manager iata.affairs@croatiaairlines.hr lana.stimac@croatiaairlines.hr CU Cubana Elisa Gonzalez Assistant Tariff Manager elisa.gonzalez@cubana.avianet.cu AC CY Cyprus Airways Christos Agapiou Commercial Manager cagapiou@cyprusair.com AL CY Cyprus Airways Maria Saparilla Head of Product & Revenue Management msaparilla@cyprusair.com OK Czech Airlines Mr. Jiri Marek VP for Marketing & Sales jiri1.marek@czechairlines.com AC DL Delta Air Lines Tim Lotter Manager, Intl. Sales Development tim.lotter@delta.com AL DL Delta Air Lines Armin Venencie General Manager, Sales & Distribution EMEA armin.w.venencie@delta.com D9 Donavia Olev Dyshkant Head of Marketing marketing@aeroflot-don.ru AC KA Dragonair Clarence Tai General Manager Sales & Distribution clarence_tai@cathaypacific.com AL KA Dragonair Helen Sum Assistant Manager, Agency Distribution helen_sum@cathaypacific.com AC MS Egyptair Tamer Gebril Manager Industry Affairs industry_aff@egyptair.com.eg AC LY El Al Daniel Saadon General Manager, Israel Branch dannys@elal.co.il AL LY El Al Linda Grinfeld Manager IATA & Tariffs Linda@elal.co.il AC EK Emirates Claus Basse Manager Industry Affairs Claus.asse@emirates.com AL EK Emirates Richard Pearl Industry Affairs Superintendent richard.pearl@emirates.com OV Estonian Air AC ET Ethiopian Airlines Rahel Assefa Director Passenger Revenue & rahela@ethiopianairlines.com Capacity Management AC EY Etihad Airways Daniel Hailu Manager Industry Affairs dhailu@etihad.ae ALT EY Etihad Airways Fathi Atti Head of Government Affairs fatti@etihad.ae YU Euroatlantic Airways QY European Air Transport frances.tay@dhl.com EW Eurowings BR EVA Air Julienne Cheng Manager Juliennecheng@evaair.com AY Finnair Arja Sundberg Manager Industry Affairs arja.sundberg@finnair.com BE flybe FH Freebird Airlines Veronique Guevel Contracts Manager veronique@freebirdairlines.com AC GA Garuda Mr. Sukamdo Senior Manager Distribution sukamdo@garuda-indonesia.com AL GA Garuda Hartono Hadiwiyoto Marketing Analyst h.hadiwiyoto@garuda-indonesia.com A9 Georgian Airways Lia Naskidashvili Head of Intl. Relations lia@georgian-airways.com AR GF Gulf Air Dr. Amr Junaid Snr Manager Sales Steering & Distribution Amr.junaid@gulfair.com AL GF Gulf Air Naveen Bhatty Manager, STNME JV and Distribution Support naveen.bhatty@gulfair.com AC HR Hahn Air Lines Katharina Becker Director Legal Dept. k.becker@hahnair.com AL HR Hahn Air Lines Jörg Troester SVP Corporate Strategy j.troester@hahnair.com HU Hainan Airlrines HA Hawaiian Airlines Dan Burruss Sr. Director Intl. Sales UO Hong Kong Express Airways Wayne Wang Asst. to President cum Director waynewang@hkairlines.com AC IB Iberia Oscar Sobejano Interline Manager osobejano@iberia.es AC FI Icelandair Anita Knutsdottir Pricing & Tariffs ak@icelandair.is AC chen-l@hnair.com dan.burruss@hawaiianair.com AL FI Icelandair Anna Gudrun Tomasdottir Manager Ticketing agt@icelandair.is 7i Insel Air Secretariat Insel Air D6 Inter Air AC IR Iran Air Javad Nazemof AL IR Iran Air Mrs. Shirin Madadi Yekta Senior Manager Commercial Agreements & AIP Secretary EP Iran Aseman Airlines 6H Israir Airlines and Tourism Ltd AC JL Japan Airlines Toru Hayashi Director, Intl Passenger Sales & Toru1.hayashi@jal.com Promotion AC JU JAT Airways Milica Zaninovic Manager Agency Affairs zaninovicm@jat.com AL JU JAT Dragana Djuranovich Revenue Accounting djuranovicd@jat.com J9 Jazeera Airways AC 9W Jet Airways Anthony D'SA Sr General Manager adesa@jetairways.com AL 9W Jet Airways Ms Sonu Kripalani VP India Sales skripalani@jetairways.com J9 JetBlue joanna.geraghty@jetblue.com S2 Jet Lite nkardassis@jetairways.com R5 Jordan Aviation Airlines Zuahir Khashman R5 Jordan Aviation Airlines Assad Nammari management@fly-inselair.com vnathan@interair.co.za General Director, Marketing and Commercial Agreements nazemof@iranair.com sh.madadi@iranair.com fekri@iaa.ir antonio.fernandes@jazeeraairways.com VP Passenger Service zuhair@jordanaviation.jo nammari@jordanaviation.jo 5N JSC Nordavia Regional Airlines martin.isler@luxairgroup.lu AC KQ Kenya Airways Agnes Wasai Kwanya Manager Interline & Tariffs agnes.kwanya@kenya-airways.com AC IT Kingfisher Airlines Manoj Chacko Executive VP (Commercial) manoj.chacko@flykingfisher.com AL IT Kingfisher Airlines Raj Andrade VP Alliances & Codeshare raj.andrade@flykingfisher.com Y9 Kish Airlines AC KL KLM Johan Lodewijckx Manager, IATA and Industry Affairs johan.lodewijckx@klm.com AC KE Korean Air Sang Kun Lee General Manager leeky@koreanair.com AL KE Korean Air Joo Yeon Lee Manager leejooyeon@koreanair.com KU Kuwait Airways LR LACSA AC TM LAM - Linhas Aéreas de Moçambique Claudio Banze General Sales Manager cbanze@lam.co.mz AL TM LAM - Linhas Aéreas de Moçambique Sergio Govene Reservations Manaager sgovene@lam.co.mz AC LA Lan Airlines Pilar Chavez Director, Commercial Projects Pilar.chavez@lan.com 4M Lan Argentina LP Lan Perú XL LanEcuador mario.zamora@taca.com agustin.agraz@lan.com NG Lauda Air LN Libyan Airlines AL LO LOT Elizabeth Dmowska IATA Rules and Regulations Adviser e.dmowska@lot.pl AC LH Lufthansa Johannes Ernst Agency Manager, Passenger Traffic johannes.ernst@dlh.de AL LH Lufthansa Nathali Hartkopf Gen. Mgr. Business Associations R Alliance Sales nathali.hartkopf@dlh.de LG Luxair Vice President, Marketing & Sales martin.isler@luxairgroup.lu W5 Mahan Air AC MH Malaysia Airlines Germal Singh Khera AL MH Malaysia Airlines Johanna Ezreen Othman Government & Industry Relations, Manager TF Malmö Aviation AB AC ME MEA Rabih Azar Head of Industry Affairs AL ME MEA Salim Kharrat I/C of Agency and Procedures/ kharrats@mea.com.lb Cargo Tariffs IG Meridiana AC OM MIAT Gurbadam Baljindondog Senior Manager, Sales gurbadam@miat.com AL OM MIAT Tserendagva Jamts Sales Manager tserendagva@miat.com AL OM MIAT Jamtsai Dorj Senior Manager, Tariffs & Pricing jamtsai@miat.com t.tajouri@ln.aero international@mahanairlines.com General Manager Govt. & Industry Relations germal@mas.com.my ezreen@mas.com.my bjorn.lundberg@malmoaviation.se ind.aff@mea.com.lb monica.riccomi@meridianafly.com YM Montenegro Airlines Mladenka Vuykmirovic mladenka@mgx.me BJ Nouvelair Tunisie AR OA Olympic Air Anastasios Mais Commercial Development Director a.mais@olympicair.com AL OA Olympic Air Mrs. Efharis Zervou Pricing & Interline Manager e.zervou@olympicair.com WY Oman Air 8Q Onur Air Nasuh Cetin AC PR Philippine Airlines Maria Socorro Gonzaga Senior Assistant Vice President, External Affairs acor_gonzaga@pal.com.ph AL PR Philippine Airlines Arnel Vibar arnel_vibar@pal.com.ph PC Pegasus Airlines NI PGA - Portugália Airlines AC PK PIA Saleem Raza Bhutto General Manager Industry Affairs khiiupk@piac.aero AL PK PIA Feyaz Ali Shah Manager Agency Affairs khisapk@piac.aero PU PLUNA Rodolfo Braselli Customer Services Department clientes@flypluna.com Representative PW Precision Air AC QF Qantas Dayle Vaughan Agency Programme Manager daylevaughan@qantas.com.au AL QF Qantas Paul Alacqua Manager Distribution Operations palacqua@qantas.com.au AC QR Qatar Airways Rajeev Chopra Manager, Outstations Business rajeevc@qatarairways.com.qa Finance mohamed.hamdi@nouvelair.com.tn akalsaid@oas.com.om Domestic Network Manager Manager, Industry Affairs ncetin@onurair.com.tr mustafa.hesapcioglu@flypgs.com pmwikitawe@precisionairtz.com AL QR Qatar Airways FV Rossiya Airlines OJSC AT Royal Air Maroc BI Royal Brunei AC RJ Royal Jordanian AbdulQader Kailani Head of Sales Department AL RJ Royal Jordanian Munir Alqasem Manager IATA, Interline & GSA munir.qassem@rj.com AC SA SAA George Edwin Mellett Head of Revenue Accounting georgeMellett@flysaa.com AL SA SAA Raylene Saggeus Manager Revenue Protection raylenesaggeus@flysaa.com FA Safair Costa Vouros VP Standards & Compliance cvouros@safair.co.za SK SAS Häkan Olsson Director hakan.olsson@sas.dk SP SATA Air Acores AC SV Saudi Arabian Airlines Abdulellah A. Alquthami Mgr Travel Agency Affairs aquthami@saudiairlines.com AL SV Saudi Arabian Airlines AbdulRahman AlHamadi Fin Sec Mgr Fin BSP Prog aalhammadi@saudiairlines.com.sa SC Shandong Airlines HUI Li Sales Department xsc@shandongair.com.cn FM Shanghai Airlines CUI Bo General Manager’s Office zjb@ceair.com ZH Shenzhen Airlines SQ SIA AC AC AC Vilas Gonsalves Manager Revenue MIS vgonsalves@qatarairways.com.qa Jamila Merimi Senior Manager Pricing & Revenue Management mhabachi@royalairmaroc.com cihanafj@rba.com.bn abdulqader.kailani@rj.com j00095@shenzhenair.com Lee Ser Yi VP Corporate Sales & Distribution Seryi_lee@singaporeair.com.sg AL SQ SIA Gina Goh Head Distribution Gina_goh@singaporeair.com.sg S7 Siberia Airlines 3U Sichuan Airlines MI Silkair ZY SKY Airlines JZ Skyways (Avia Express Sweden AB) XZ South African Express Airways AC UL SriLankan Srimanthaka Senanayake Manager International Relations srimanthakas@srilankan.aero AL UL SriLankan Yasmin Majeed Industry Affairs Manager yasminm@srilankan.aero AC SD Sudan Airways Samia Elzein Head of Industry Affairs Unit samia@sudanair.com XQ Sun Express meral.gezer@sunexpress.com PY Surinam Airways slm@slm.firm.sr AC LX SWISS Jeannette Steiner Manager, Fare Audit jeannette.steiner@swiss.com AL LX SWISS Veronique Jordan Manager, Sales Accounting jov@swiss.com AL RB Syrianair Fajer Ali Manager, Interntional Affairs fajer.ali@syriaair.com DT TAAG Angola Airlines Antonio Bartolomeu Antonio.bartolomeu@flytaag.com TA TACA raul.aragon@taca.com ajy0804@163.com alper.unal@skyairlines.net wmakkink@flysax.com VR TACV Cabo Verde Airlines JJ TAM Linhas Aereas PZ Agency Sales Analyst EQ TAM - Transportes Hanna Rambo Aéreos del Mercosur Sociedad Anónima TAME - Linea Aerea del Ecuador AC TP TAP - Air Portugal Ana Paula Canada Portugal Sales Director pcanada@tap.pt AL TP TAP - Air Portugal Maria Teresa Lopes Finance Director tlopes@tap.pt AC RO TAROM S.A. Daniela Chiriac Distribution Manager dana.chiriac@tarom.ro AL RO TAROM S.A. Cristina Catrina Distribution Deputy Manager cristina.catrina@tarom.ro AC TG Thai Airways Kriangkrai Manomaiphan Director Area Thailand, IndoChina & Myanmar AC TK Turkish Airlines (THY) Okan Öksüz Agency Affairs Manager ooksuz@thy.com AL TK Turkish Airlines (THY) Ece Kafkasli Agency Affairs Specialist ekafkasli@thy.com AC UN Transaero Igor Grigorian Director, Foreign Relations Department spa@transaero.ru GS Tianjin Airlines XU Jiabin Manager/Sales Center Jb_xu@hnair.net GE TransAsia Airways Lucas Chuang VP Strategic Office & CIO lucaschuang@tna.com.tw AC X3 TUIfly Reinhold Heinz Head of Interface, Financial Reporting Reinhold.heinz@tuifly.com AL X3 TUIfly Gunnar Krauss Director of Finance Gunnar.krauss@tuifly.com AC TU Tunis Air Ridha Cheikhrouhou General Director ridha.cheikhrouhou@tunisair.com.tn AC David Fernandez Corporate Planning Manager dfernandes@tacv.aero paulo.castello@tam.com.br helpdesk.tarifas@tam.com.br paulestia@tame.com.ec Kriangkrai.m@thaiairways.com AL TU Tunis Air Mrs. Ilhem Ben Slimane Agency Service Manager ilhem.benslimane@tunisair.com.tn AL PS Ukraine International Airlines Olena Mykhaylova Head of Pricing Distribution mykhaylova.elena@ps.kiev.ua AL PS Ukraine International Airlines Simon Bundle bundle.simon@ps.kiev.ua AC UA United Air Lines Olga Camacho Vice-President Network Development & Revenue Management MD Finance & Accounting AL UA United Air Lines Kevin Brown Senior Manager, Revenue Accounting, Transatlantic kevin.p.brown@united.com AC US US Airways Shelly A. Sterling Regional Manager, Global Offline Sales shelly.sterling@usairways.com AC UT UT Air Natalia Polinovskaya Leading Manager, Revenue Department natalia.polinovskaya@utair.ru AL UT UT Air Asiya Madyarova International Aviation Organizations Coordinator asiya.madyarova@utair.ru AC VN Vietnam Airlines Mr. VU Nguyen Khoi Dty Director – Marketing & Sales Dept. khoivn@vietnamairlines.com AL VN Vietnam Airlines Mr. Tran Minh Hoan GM – Tariffs & Ticketing hoantm@vietnamairlines.com AL VN Vietnam Airlines Mrs. Tran Thi Trang Dty GM Tariffs & Ticketing trangtt@vietnamairlines.com AL VN Vietnam Airlines Mrs. Vu Thi Uyen Dty GM Tariffs & Ticketing uyenvt@vietnamairlines.com AC VS Virgin Atlantic Angela Lochlin Manager Revenue Acct Svcs angela.lochlin@fly.virgin.com AC VA Virgin Australia Simon Pitt Manager, Revenue simon.pitt@virginaustralia.com XF Vladivostok Air JSC office@vladavia.ru Y4 Volaris miguel.alba@volaris.com.mx VI Volga-Dnepr Airlines olga.camacho@united.com AL G3 VRG Linhas Aeras WI White Airways SA WF Wideroe MF Xiamen Airlines ZHENG Qionghu Passenger Sales Dept. Ps_market@xiamenair.com.ch IY YEMENIA Mukhtar Al Haidari Director Revenue Accounting mukhtar.alhaidary@yemenia.com AR = Accredited Representative AL = Appointed Alternate Helder Jesus Quality Manager helder.jesus@flywhite.com salessupport@wideroe.no Attachment ‘B’ ACCREDITATION OF REPRESENTATIVE Passenger Agency Conference of the International Air Transport Association In accordance with the Provisions for the Conduct of the IATA Traffic Conferences and particularly Section V thereof, ..................................................................................................................... (name of carrier) being a voting Member of the Passenger Agency Conference hereby appoints and accredits as its representative to the Passenger Agency Conference ........................................................................................................................ (name) ........................................................................................................................ (title) ....................................................................................................................... (e-mail address) 2. It is hereby certified that the said appointee meets the requirements of, and has full power and authority to act in accordance with the first paragraph of Section V of the Provisions which reads: "Each voting member shall accredit in writing to the Secretary one representative to each Traffic Conference. Each appointment of such accredited representative shall be duly executed by the Chief Executive of the Member, and shall certify that the appointee has full power and authority to bind the appointing Member on any matter properly before the Traffic Conference, and that the appointee has full power and authority to designate an alternate to act in his place and stead and to delegate to such alternate such power and authority to bind the appointing Member.” 3. The foregoing appointment will remain in effect until revoked by written notice. Name .................................................................................Date ................................................................... (to be signed by the Chief Executive of the Member) Title ................................................................................... Please complete all Information and send directly to Janet Mekkaoui E-mail : mekkaouij@iata.org or Fax : +41 22 770 26 31 www.iata.org International Air Transport Association Route de l'Aeroport 33 PO Box 416 CH - 1215 Geneva 15 Airport Switzerland Tel: +41 22 770 2772 Fax: +41 22 770 2631 Attachment ‘C’ APPOINTMENT OF ALTERNATE To Accredited Representative Passenger Agency Conference Of The International Air Transport Association In accordance with the Provisions for the Conduct of the IATA Traffic Conferences and particularly Section V thereof, ................................................................................................................................... being the duly Accredited (name) Representative of ................................................................................................................................................. (name of carrier) hereby appoints as his/her alternate .................................................................................. (name) ............................................................................... (title) ........................................................................................................................ (e-mail address) 2. It is hereby certified that the said Accredited Representative delegates to his/her alternate the power and authority to act on Passenger Agency Conference matters as required by the second paragraph of Section V of the Provisions which reads: "A duly accredited representative may appoint as alternate to act in his place and stead at any meeting a responsible employee of such Member, provided that no such person shall be recognised as the alternate of a representative unless there is on file with the Secretary, or is presented at the time a written designation, signed by such representative, delegating to such person the power and authority of such representative to act on Traffic Conference matters; provided further that in the case of two of more Members being engaged in such joint operations, the alternate may be an employee of any such Member engaged in such joint operations. Such designation of an alternate shall be valid until revoked or replaced by another designation”. 3. The foregoing appointment will remain in effect until revoked by written notice. Name .................................................................................................. Date ......................................................... (to be signed by the Accredited Representative of the Member) Title ............................................................................ Please complete all Information and send directly to Janet Mekkaoui E-mail : mekkaouij@iata.org or Fax : +41 22 770 26 31 International Air Transport Association www.iata.org Route de l'Aeroport 33 PO Box 416 CH - 1215 Geneva 15 Airport Switzerland Tel: +41 22 770 2772 Fax: +41 22 770 2631 Attachment 'D' This sheet shows what should be included in any submission to the Passenger Agency Conference. The inclusion of the following details will help the Conference to understand the proposal properly and to reach an accurate conclusion. Agenda Item: Revision No.: Date: Page: 0 1 of 1 RESOLUTION XXX - NAME OF RESOLUTION Submitted by (a Member) BACKGROUND/PROBLEM Approximate left-hand margin Approximate right-hand margin PROPOSED SOLUTION SUGGESTED RESOLUTION AMENDMENT (IF APPLICABLE) EFFECTIVENESS [ ] Normal effectiveness of 1 June 2014 [ ] Expedited effectiveness of 1 January 2014 Agenda Item: Revision No.: Date: Page: A1 0 28 Aug 13 1 of 4 PASSENGER AGENCY CONFERENCE AGENDA SUBJECT OUTLINE Submitted by the Secretary A – ADMINISTRATIVE MATTERS Item A1 A2 A3 A4 A5 A6 A7 A8 Subject Comment 1stT No paper 1stT 1stT 1stT 1stT 1stT Passenger Agency Conference Agenda Outline Opening of Conference – Chairman’s Introduction Examination of Credentials Competition Law Compliance Approval of Minutes of Previous Meeting Report from Senior Vice President, IDFS Restructuring of the PAConf Agenda Comments on the PAConf Agenda G – GROUP REPORTS Item G1 G1.1 G2 G2.1 Subject Comment Report of the Passenger Agency Conference Steering Group (PSG) Vacancies on the PSG Report of the Passenger Agency Programme Global Joint Council (PAPGJC) Vacancies on the PAPGJC 1stT R – REVISIONS TO THE AGENCY PROGRAMME Item R1 R1.1 R1.2 R1.3 R1.4 R1.5 R2 R3 R4 R5 R6 Subject Comment Editorial Changes to Passenger Agency Resolutions Editorial Amendment to Resolution 824r Editorial Amendment to Resolution 818g Editorial Amendments to Resolutions 818g and 832 Editorial Amendment to Resolution 810z Editorial Amendment to Resolution 810d Annual Reviews and Consequences of Non-compliance Airlines’ Web Sales Financial Securities Interpretation and Hierarchy of Sources Amendments to Resolution 820e Local Financial Criteria st 1stT = sent out in 1 transmittal OS1 = onsites sent out on (date) 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT nd 2ndT = sent out in 2 transmittal OS2 = onsites sent out on (date) Agenda Item: Revision No.: Date: Page: R7 R8 R9 R10 R11 R12 R13 R14 R15 R16 R17 R18 R19 R20 R21 R22 R23 R24 R25 R26 R27 R28 R29 R30 R31 R32 R33 Airline Bilateral Guarantees Financial Security Policy New BSP Charging Model Requirement to Sign Provisional PSAA Resolution 800a – Application Form for Accreditation as an IATA Passenger Sales Agent APJC Membership Editorial Amendments to Resolution 832 ADMs – Alignment with BSPlink Amendment to Definition of STD Resolutions 800o, 818a and 842 Non-BSP Countries moved to Resolution 800 Definition of Latin America in Resolution 866 Definition of South West Pacific Definition of ATA in Resolution 866 Resolution 850m – Issue and Processing of ADMs Expiry of Resolution 810d Addition to Resolution 818g (Attachment C) for Remittance Date - India Number of Irregularities to Trigger Default in India Reduction in BSP Processing Times – BSP New Zealand Change of Remittance Frequency - Pakistan Reduction of Credit Period – BSP Indonesia Change in Remittance Frequency and Local Financial Criteria – BSP Spain Remittance Frequency Customer Contact Information Change in Remittance Frequency – BSP Romania/Moldova Introduction of VMFR Scheme in BSP Poland Instructions to Agents in the Event of Airline Suspension st 1stT = sent out in 1 transmittal OS1 = onsites sent out on (date) A1 0 28 Aug 13 2 of 4 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT nd 2ndT = sent out in 2 transmittal OS2 = onsites sent out on (date) Agenda Item: Revision No.: Date: Page: A1 0 28 Aug 13 3 of 4 RZ – APJC SUBMISSIONS REQUIRING ACTION Item RZ1 RZ2 RZ3 RZ4 RZ5 RZ6 RZ7 RZ8 RZ9 RZ10 RZ11 RZ12 RZ13 RZ14 RZ15 RZ16 RZ17 RZ18 RZ19 RZ20 RZ21 RZ22 RZ23 RZ24 RZ25 Subject Comment Minor Error Rule – Argentina, Paraguay and Uruguay Change to Local Financial Criteria - Argentina Change to Local Financial Criteria - Bangladesh Change to Reporting Calendar - Bolivia Change to Local Financial Criteria - Bolivia Change to Local Financial Criteria - Brazil Change to Local Financial Criteria - Chile Change to Local Financial Criteria - China Change to Local Financial Criteria – Hong Kong and Macau Change to Local Financial Criteria – Hong Kong and Macau Change to Local Financial Criteria - India Change to Local Financial Criteria - Korea Change to Local Financial Criteria - Malaysia Change to Local Financial Criteria - Morocco Change to Local Financial Criteria - Pakistan Change to Local Financial Criteria - Paraguay Change in BSP Calendar - Peru Change to Local Financial Criteria - Peru Change to Local Financial Criteria - Poland Change to Local Financial Criteria - Singapore Change to Local Financial Criteria – Sri Lanka Change to Local Financial Criteria – Switzerland/Liechtenstein Change to Local Financial Criteria - Uruguay Change to Local Financial Criteria - Venezuela Change to Local Financial Criteria – Italy st 1stT = sent out in 1 transmittal OS1 = onsites sent out on (date) 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT 1stT nd 2ndT = sent out in 2 transmittal OS2 = onsites sent out on (date) Agenda Item: Revision No.: Date: Page: A1 0 28 Aug 13 4 of 4 T – TECHNICAL Item T1 T2 T3 T6 Subject Comment Effectiveness Status of Resolutions Adopted at PAConf/34 and by Mail Vote Status of New BSPs Status of Agency Investigation Panels (AIPs) Office of the Travel Agency Commissioner nd 2 T nd 2 T nd 2 T nd 2 T C – CLOSING ITEMS Item C1 C1.1 C2 C3 C4 Subject Comment Any Other Business Effectiveness Dates of Resolutions Adopted Election of Conference Officers Date and Place of Next Meeting st 1stT = sent out in 1 transmittal OS1 = onsites sent out on (date) nd 2ndT = sent out in 2 transmittal OS2 = onsites sent out on (date) Agenda Item: Revision No.: Date: Page: A3 0 28 Aug 13 1 of 1 EXAMINATION OF CREDENTIALS Submitted by the Secretary Membership of PAConf is open to all Members. The current list of Accredited Representatives and Alternates to the Passenger Agency Conference on file with the Secretary is shown under Attachment 'A' of the 1st Transmittal. Any person wishing to vote at the Conference must have submitted to the Secretary a duly completed 'Accreditation' or 'Appointment of Alternate' form as shown at Attachments 'B' and 'C' of that Memorandum. The list was correct up to the date of issuance. If any of the information shown requires updating, please notify this office immediately. The names which are shaded in grey have notified accreditation but the relevant accreditation forms have not yet been received. In these instances, Members are asked to complete and return to the Secretariat the forms mentioned above as soon as possible. Proposed Action Delegates to ensure their credentials are in order. Agenda Item: Revision No.: Date: Page: A4 0 28 Aug 13 1 of 1 COMPETITION LAW COMPLIANCE Submitted by the Secretary In order to ensure attendees at IATA meetings fully comply with applicable EU and US competition laws, the following message is always included in the agenda of all IATA meetings, whether airline only or joint with travel agents: "This meeting is being conducted in compliance with the Provisions for the Conduct of the IATA Traffic Conferences. Pursuant thereto, this meeting will not discuss or take action to develop fares or charges, not will it discuss or take action on remuneration levels of any intermediaries engaged in the sale of passenger air transportation. This meeting also has no authority to discuss or reach agreement on the allocation of markets, the division or sharing of traffic or revenues, or the number of flights or capacity to be offered in any market. Delegates are cautioned that any discussion regarding such matters, or concerning any other competitively sensitive topics outside the scope of the agenda, either on the floor or off, is strictly prohibited." Proposed Action PAConf to note this item. Agenda Item: Revision No.: Date: Page: A5 0 28 Aug 13 1 of 1 APPROVAL OF MINUTES OF PREVIOUS MEETING Submitted by the Secretary The Minutes of PAConf/35 (Abu Dhabi, 15 and 16 October 2012) were published on 19 November 2012 under cover of Memorandum PAC/Meet/222. The Resolutions adopted at PAConf/35 were circulated on 1 November 2012 under cover of Memorandum PAC/Reso/565 (expedited) and on 12 November 2012 under cover of PAC/Reso/566 (normal effectiveness). Proposed Action Conference is invited to approve the Minutes of PAConf/35. Agenda Item: Revision No.: Date: Page: REPORT FROM SENIOR VICE PRESIDENT FDS Submitted by the Secretary This report will be presented at Conference. A6 0 28 Aug 13 1 of 1 Agenda Item: Revision No.: Date: Page: A7 0 28 Aug 13 1 of 3 RESTRUCTURING OF THE PACONF AGENDA Submitted by the Secretary In 2002, PAConf adopted a new format for its agenda which remains in place today. It is structured around the following categories: A items Administrative Items, including • Opening of Meeting • Examination of Credentials • Approval of Minutes G items Group Reports, including • PSG Report • PAPGJC Report • APJC Reports R items Revisions to the Agency Programme, including • Amendments to resolutions • Members submissions to Conference • Updates on specific issues and/or markets (e.g. India/Israel) • Policy issues • Changes to fees and charges T items Technical Items, including • Agency Accreditation reports • Effectiveness Status of resolutions adopted • Status of new BSPs/AIPs • Product updates (e.g. ID Card) • Report from the Travel Agency Commissioners C items Closing Items, including • Any Other Business Items • Effectiveness Dates of Resolutions Adopted • Election of Conference Officers • Date/place of next meeting Agenda Item: Revision No.: Date: Page: A7 0 28 Aug 13 2 of 3 Since then, there have been considerable changes in the way in which the Programme operates. Now that all BSP countries have migrated to Resolution 818g, each country/ area has established an APJC and each APJC is required to provide an annual report to Conference. Thus, last year, 85 APJCs submitted a report using a standard reporting template. In addition, Conference dealt with ten routine technical reports submitted under the ‘T’ items. Together, of the 525 pages of agenda papers sent out in the 1st and 2nd transmittals, an average of 70% dealt with G and T items, or routine reports requiring no action. PAConf/35 Agenda 2012 Total Pages 1st transmittal 2nd transmittal G / T Items 245 280 G/T items as % of agenda 151 / 0 62% 158 / 69 81% Conference is responsible for making decisions on any changes to Local Financial Criteria (LFC) or Remittance Frequency (RF). Very often, these changes come through as proposals from the APJC but can also be a Member submission. If there is no action required of Conference, the APJC reports are simply noted. However, it is time consuming having physically to go through the reports one by one and because of the sheer number, difficult to spot those reports that require action. RESTRUCTURE OF CONFERENCE AGENDA To reinvigorate the Conference, make PAConf more focused on the business of the day and assist Members in dealing with items requiring action, a proposal was put to PSG/83 in July to introduce a new format for the agenda by: • • • Posting all information items and any reports simply for noting to a web site that can be freely accessed by PAConf members and PAPGJC Agent Representatives Streamlining the agenda to include A, R and C items only Incorporating two new sections under the R items for ‘Changes to Local Financial Criteria’ and ‘Changes to Remittance Frequency’ It is believed that this restructuring will have a positive impact on the quality and relevance of the Conference, as it would have the following benefits: • • • • • Allow more focus on business issues and items that require Conference action Enhance attendance at Conference by Members Present members with a more efficient and focused agenda Remove time-consuming attention on routine or informational matters Make it clearer which items require action Agenda Item: Revision No.: Date: Page: A7 0 28 Aug 13 3 of 3 ___________________________________________________________________ • • Reduce reliance on paper/printed material Enable more dynamic presentation of informational material via the website APJC REPORTING FORMAT A copy of the reporting template used last year is shown at Attachment ‘A’. Much of this information can be removed and presented in a consolidated and dynamic format: • Remittance Frequency • Default information • Other APJC information This would enable greater detail to be shared, providing Members with the ability to drill down and tailor the information to their own needs. It would provide consistency in the way information is presented, as it would be generated from a common central source and presented in a standard format. Proposed Action PSG/83 supported the proposed revised format for the Conference agenda and its introduction at PAConf/36 in October this year. The link to the web site for collecting G and T reports and information will be provided with the next transmittal and a demonstration of the new site given at the meeting. Agenda Item: Revision No.: Date: Attachment: Page: A7 0 28 Aug 13 ‘A’ 1 of 1 ___________________________________________________________________ APJC REPORTING TEMPLATE 2012 REPORT OF APJC – XXX Council Activity since PAConf/34 Meeting Date held Key Issues dealt with and outcome: Number Composition – No. airlines ______/ No. agents ______ Codes of airline members: Agents: Changes to locally agreed criteria that require Conference action: Remittance Frequency: Weekly Twice Monthly Monthly Other, please state___________ Date Local Financial Criteria last Changed: Is VMFR Available in this market? Yes No BSP Related Information Defaults: Jan-Dec 2011: Number: Currency: Default amount: Recovered: Amt. Outstanding: _______________________ _______________________ _______________________ _______________________ _______________________ YTD 2012: _______________________ _______________________ _______________________ _______________________ _______________________ Other information of interest to PAConf: Report Reviewed and Approved by Council Chairman: (Name of APJC Chairman) (Date report approved) Agenda Item: Revision No.: Date: Page: G1 0 28 Aug 13 1 of 2 REPORT OF THE PASSENGER AGENCY CONFERENCE STEERING GROUP (PSG) Submitted by the Secretary Since PAConf/35 in October 2012, PSG has met in full session on two occasions – PSG/82 held in March 2013 and PSG/83 in July 2013. In addition, PSG met on two further occasions. The first was a special one-day meeting held on 6 February 2013 in Geneva to address recent airline failures and their effect on the BSP. The meeting also took the opportunity to discuss BSP Israel and problems arising from an airline bankruptcy due to the special conditions of the antitrust permit to operate the BSP in that country. The second occasion was a conference call on 3 July 2013 to discuss a particular situation that had arisen in BSP Sri Lanka with the move to weekly remittance effective 1 July 2013. Below is a summary of the actions taken by PSG/82 and PSG/83: • • Reviewed and endorsed the following proposals onto the Conference agenda: o A7 – Restructuring of the PAConf Agenda o R2 – Annual Reviews and Consequences of Non-compliance o R3 – Airlines’ Web Sales Financial Securities o R6 – Local Financial Criteria o R7 – Airline Bilateral Guarantees o R11 – Resolutions 800a – Application Form o R13 – Editorial Amendments to Resolution 832 o R15 – Amendment to Definition of STD o R18 – Definition of Latin America in Resolution 866 o R19 – Definition of South West Pacific o R20 – Definition of ATA in Resolution 866 Reviewed and provided input on the following agenda items: o R4 – Interpretation and Hierarchy of Sources o R5 – Amendments to Resolution 820e o R8 – Financial Security Policy o R10 – Requirement to sign Provisional PSAA o R14 – ADMs – Alignment with BSPlink Agenda Item: Revision No.: Date: Page: o o o o G1 0 28 Aug 13 2 of 2 R16 – Resolutions 800o, 818a and 842 R21 – Resolution 850m – Issue and Processing of ADMs R29 – Remittance Frequency R30 – Customer Contact Information • Received presentations relating to IATA’s Strengthening ISS (SISS) Project, NewGen ISS, IATA Customer Satisfaction Survey, NDC, EMD, New Charging Model, IATA Restructuring, IDFS Scorecard, ISS DPC Strategy. • Reviewed the agendas of the Passenger Agency Programme Global Joint Council (PAPGJC) and provided PSG feedback to the PAPGJC meetings where necessary. Endorsed the formal establishment of an Agent-Airline Forum (AAF) as a working group under the PAPGJC to address areas of common interest. • Considered a number of submissions relating to the efficiency and improvement of the TAC programme. • Provided guidance to IATA Management on the development of a number of internal policies and procedures covering Protecting ISS Airline Funds from Airline Bankruptcies, Information on Industry Bank Guarantees, PCI DSS Requirements, Status of New BSPs. • Monitored developments in individual markets of concern to PSG including Cyprus, Greece, Egypt, Israel, Ukraine, Sri Lanka, France, Spain, India. • Reviewed a total of 17 Mail Votes prior to presentation for voting by PAConf Members. A full report on the mail votes conducted will be provided in the 2nd transmittal. The next meeting (PSG/84) will be held on 23 and 24 September 2013. Agenda Item: Revision No.: Date: Page: R1 0 28 Aug 13 1 of 1 _____________________________________________________________________ EDITORIAL CHANGES TO PASSENGER AGENCY RESOLUTIONS Submitted by the Secretary Papers R1.1 through R1.5 reflect a number of minor amendments required to the resolutions that are purely editorial in nature. The main reasons for the amendments are: • • • • To correct a cross-reference To delete outdated text To carry through amendments agreed at a previous PAConf To clarify the intent of the text Proposed Action PAConf is asked to agree the changes proposed in items R1.1 through R1.5. Agenda Item: Revision No.: Date: Page: R1.1 0 28 Aug 13 1 of 1 _____________________________________________________________________ EDITORIAL AMENDMENT TO RESOLUTION 824r Submitted by the Secretary Amend typographical error in Resolution 824r as shown below: 1.1.3 Inability to Process Notwithstanding the provisions of 1.1.2 above if a Member is unable to process a refund on partly used traffic documents within the proscribed prescribed time-frame, the reasons will be communicated to the Agent by the Carriers. Proposed Action Conference to endorse the above amendment. Agenda Item: Revision No.: Date: Page: R1.2 0 28 Aug 13 1 of 1 _____________________________________________________________________ EDITORIAL AMENDMENT TO RESOLUTION 818g Delete incorrect apostrophe in Resolution 818g, Attachment ‘A’ Section 1.6.2 as shown below: 1.6.2 Frequency of Remittance The Conference shall establish the standard frequency of Agents' Remittances under such BSP. The Remittance Date will be communicated to all agent's participating in each BSP. Proposed Action Conference to endorse the above amendment. Agenda Item: Revision No.: Date: Page: R1.3 0 28 Aug 13 1 of 1 _____________________________________________________________________ EDITORIAL AMENDMENTS TO RESOLUTIONS 818g and 832 Amend typing error in Resolutions 818g and 832: Resolution 818g: 1.1.1(a)(i) monies for sales made by an Agent, where the ticket is issued by the BSP Airline on behalf of the Agent and reported using the facility of the BSP, shall be deemed due buy by the Agent to the BSP Airline and shall be settled in accordance with the provisions of this section in the same way as if the Agent had issued an STD. Resolution 832g: 1.1.1(a)(i) monies for sales made by an Agent, where the ticket is issued by the BSP Airline on behalf of the Agent and reported using the facility of the BSP, shall be deemed due buy by the Agent to the BSP Airline and shall be settled in accordance with the provisions of this section in the same way as if the Agent had issued an STD. Proposed Action Conference to endorse the above amendment. Agenda Item: Revision No.: Date: Page: R1.4 0 28 Aug 13 1 of 1 _____________________________________________________________________ EDITORIAL AMENDMENT TO RESOLUTION 810z Amend reference to outdated resolutions as shown below: RESOLUTION 810z EXTENSION OF AGENCY PROGRAMME IN THE PEOPLE'S REPUBLIC OF CHINA PAC3(28)810z(People's Republic of China) Expiry: Indefinite Type: B WHEREAS Resolutions 810c 818g, 820e and 824c govern the relationship Members and Approved Agents in the People's Republic of China, and between IATA WHEREAS pursuant to Resolution 810c 818g, the Agency Programme for the People's Republic of China has been established by the Passenger Agency Conference with delegated authority over specified provisions of the IATA Agency Programme, and Proposed Action Conference to endorse the above amendment. Agenda Item: Revision No.: Date: Page: R1.5 0 28 Aug 13 1 of 1 _____________________________________________________________________ EDITORIAL AMENDMENT TO RESOLUTION 810d Amend reference to outdated resolutions as shown below: RESOLUTION 810d DOMESTIC AGENCY PROGRAMME IN INDIA PAC3(40)810d(India) Expiry: Indefinite Type: B WHEREAS Resolution 810i 818g governs the relationship between IATA Members and Approved Agents in India, and WHEREAS pursuant to Resolution 810i 818g, the Agency Programme for India has been established by the Passenger Agency Conference with delegated authority over specified provisions of the IATA Agency Programme, and Proposed Action Conference to endorse the above amendment. Agenda Item: Revision No.: Date: Page: R2 0 28 Aug 13 1 of 1 _____________________________________________________________________ ANNUAL REVIEWS AND CONSEQUENCES OF NON-COMPLIANCE Submitted by PSG Following the comments of the Travel Agency Commissioner in a recent case, the below proposal seeks to clarify the obligations of an Agent when IATA has determined that it no longer satisfies the applicable financial criteria specified in the Handbook. Proposed Solution Amend Resolution 818g, Section 2 - Qualifications for Accreditation: Reviews and Consequences of Non Compliance 2.2.1 When IATA determines that an Agent no longer satisfies the applicable financial criteria incorporated in the Handbook, IATA shall immediately inform the Agent in writing of conditions as are deemed appropriate to be complied with by the Agent by a specified date including, but not limited to, the provision of a Financial Security. This date shall be no earlier than 30 days and no later than 60 30 days from the date of such written notification. Proposed Action This proposal was reviewed by PSG/83 and endorsed to Conference. PAConf to adopt the changes to Resolution 818g shown above. Agenda Item: Revision No.: Date: Page: R3 0 28 Aug 13 1 of 2 _____________________________________________________________________ AIRLINES’ WEB SALES FINANCIAL SECURITIES Submitted by PSG Background Currently Airline’s own web sales ticketed by them on behalf of Accredited Agents are processed by the BSP in accordance with Resolution 850, Attachment ‘A’. Sub-paragraph 4.1 of Resolution 850, Attachment ‘A’ identifies a requirement that in the event of an agency default, where the Financial Security is called upon to cover the shortfall, such security in the first instance shall be allocated to cover BSP core sales and any residual amount will be used to cover web sales reported by BSP Airlines. Problem It is believed that sub-paragraph 4.1 segregates the core BSP sales and web sales reported by an individual Airline and therefore should be deleted to give it parity to settlement of Financial Security in the event of defaults. PAConf to note, that both core BSP sales and web sales pertain to IATA Agents who may be required by BSP to provide a Financial Security to cover the Agents’ total cash sales at risk. Prior to these sales being reported through web sales, Agents’ sales were reported as core BSP sales. It is also important to note that the Financial Security required to be provided by Agent includes Airline Web sales. Therefore, why should there be any disparity in the settlement of Financial Securities in the event of defaults? PAConf should also note that the most important reason for BSP Airlines to report web sales is the incentive of reduced GDS costs. This restriction is not at all justified to the more than 16 IATA Members who currently report web sales worldwide. Proposed Solution Based on the above justification, PSG endorsed a proposal to delete Resolution 850, Attachment ‘A’ and to rely on the existing provision of Resolution 818g, Attachment ‘A’, paragraph 1.1.1(a)(i): “1.1.1(a)(i) monies for sales made by an Agent, where the ticket is issued by the BSP Airline on behalf of the Agent and reported using the facility of the BSP, shall be deemed due by the Agent to the BSP Airline and shall be settled in accordance with the provisions of this section in the same way as if the Agent had issued an STD.” Agenda Item: Revision No.: Date: Page: R3 0 28 Aug 13 2 of 2 _____________________________________________________________________ Proposed Action Conference is requested to adopt the above amendment, as set out in Attachment ‘A’, with an expedited effectiveness date of 01 January 2014. Agenda Item: Revision No.: Date: Attachment: Page: R3 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Delete all text in Attachment ‘A’ to Resolution 850 and replace with the following: RESOLUTION 850 Attachment ‘A’ (Intentionally left blank.) Agenda Item: Revision No.: Date: Page: R4 0 28 Aug 13 1 of 1 _____________________________________________________________________ INTERPRETATION AND HIERARCHY OF SOURCES Submitted by IATA Legal Services In response to a number of decisions issued by the Travel Agency Commissioners, IATA Legal Services has concluded that guidance must be provided to the Commissioners concerning the hierarchy of sources in the Passenger Agency Programme in the form of Resolution 010 of the Passenger Agency Conference. If adopted, the proposed Resolution 010 will be legally binding on the Travel Agency Commissioners, who are bound by the provisions of applicable Resolutions and may only make findings of fact and conclusions in accordance with those Resolutions. (See Resolution 820e Section 2.7.) The proposed Resolution 010 will formalize the hierarchy of sources of rights and obligations in connection with the Sales Agency Programme as follows: • • • 1st 2nd 3rd • • 4th 5th • 6th any Applicable Law; the form of the PSAA embodied in Resolution 824; any contractual document specifically executed by the Agent and by IATA, acting on behalf of the Carriers; all other Resolutions of the Passenger Agency Conference; any Local Criteria, or any local practice, rule or standard approved by the Passenger Agency Conference; and any and all applicable rules and other provisions included in the BSP Manual for Agents. Additionally, the proposed Resolution 010 will serve to provide guidance to Agents seeking review of a decision of the Agency Administrator. Proposed Action Conference to adopt Resolution 010 as shown in Attachment ‘A’ for expedited effectiveness of 1 January 2014. Agenda Item: Revision No.: Date: Attachment: Page: R4 0 28 Aug 13 ‘A’ 1 of 4 _____________________________________________________________________ RESOLUTION 010 INTERPRETATION AND HIERARCHY OF RULES PERTAINING TO THE SALES AGENCY PROGRAMME PAC1(50) 010 (except USA) PAC2(50) 010 PAC3(50) 010 Expiry: Indefinite Type: B WHEREAS Resolution 824 provides for a form of Passenger Sales Agency Agreement to be adopted and implemented by the Agency Administrator; WHEREAS Section 2 of Resolution 824 stipulates the Rules, Resolutions and other provisions deemed to be incorporated by reference in the said Passenger Sales Agency Agreement; WHEREAS Resolution 824, as well as said Rules, Resolutions and other provisions may be amended from time to time by the Conference; WHEREAS the Conference wishes to clarify the rules of interpretation and the hierarchy that applies to such Rules, Resolutions and other provisions; WHEREBY it is hereby RESOLVED as follows: 1. DEFINITIONS the definitions of terms and expressions used in this Resolution are contained in Resolution 866. 2. APPLICATION this Resolution applies, unless an express contrary intention appears, to all Rules, Resolutions and other provisions of the Agency Programme, whether enacted before or after the commencement of this Resolution. 3. AUTHORITY OF CONFERENCE 3.1 the authority to enact, amend or repeal any of the Rules, Resolutions or other provisions incorporated in the Passenger Sales Agency Agreement lies exclusively with the Conference. The Agency Administrator, IATA, the Carriers, the Airlines, the Agents and the Travel Agency Commissioners are all bound by the decisions of the Conference regarding the Agency Programme. Agenda Item: Revision No.: Date: Attachment: Page: R4 0 28 Aug 13 ‘A’ 2 of 4 _____________________________________________________________________ 3.2 notwithstanding the above, the Conference may, from time to time, delegate by Resolution power to IATA, to the ISS Management, or to the Agency Administrator, (as well as delegate to the Agency Programme Joint Council the power to make recommendations to the Conference) including, without limitation, that the Conference has delegated to the Agency Administrator the responsibility and power to manage the Agency Programme in accordance with the Members’ rules and resolutions, as well as the autonomy to act in extraordinary circumstances. Any such delegation of power shall be deemed to include such ancillary power as is reasonably necessary to enable the relevant person or entity to act. Where a power is conferred to adopt rules or provisions or to set standards, the power shall be construed as including a power to repeal, amend or vary the rules, provisions or standards and the power to make others. 4. HIERARCHY OF SOURCES 4.1 the following hierarchy of sources of rights and obligations continues to apply in connection with the Agency Programme: 1st. 2nd. 3rd. 4th. 5th. 6th. any Applicable Law; the form of Passenger Sales Agency Agreement embodied in Resolution 824; any contractual document specifically executed by the Agent and by IATA, acting on behalf of the Carriers; all other Resolutions of the Conference contained in the Travel Agent’s Handbook; any Local Financial Criteria, as approved by the Conference; and any and all applicable rules and provisions included in the BSP Manual for Agents. 4.2 in the event of any inconsistency between two sources of rights and obligations with respect to any matter specifically dealt with by both, the provisions of the higher-ranking source governs. In such a case, the inferior-ranking source remains in force but simply does not apply to the extent of the inconsistency. 4.3 in case of inconsistency between two sources of equal ranking, the most recently-enacted instrument prevails. 4.4 the Conference may exceptionally provide that a source of inferior ranking, such as a Local Financial Criteria, will prevail, but such provision by the Conference must be explicit and it can never be inferred or presumed. 5. ENTRY INTO FORCE, AMENDMENTS AND REPEALS OF RESOLUTIONS 5.1 Resolutions come into force at the time that they are declared to be effective by the Conference and provided to the Agent in accordance with Resolution 824. They remain in effect and apply to facts, circumstances and situations arising thereafter and shall not have retroactive effect. Agenda Item: Revision No.: Date: Attachment: Page: R4 0 28 Aug 13 ‘A’ 3 of 4 _____________________________________________________________________ 5.2 every Resolution shall be so construed as to reserve to the Conference the power of rescinding or amending it. Where a Resolution is rescinded or amended in whole or in part, the rescission or amendment does not affect the previous operation of the Resolution so rescinded or anything duly done or suffered thereunder, or affect any right, privilege, obligation or liability acquired, accrued, accruing or incurred prior to the deemed effective date of such rescission or amendment. All rules and provisions adopted under the rescinded Resolution remain in force and are deemed to have been made under the new Resolution, in so far as they are not inconsistent with the new Resolution or have not themselves been expressly rescinded, in which case the new Resolution shall prevail. 5.3 amendments to Resolutions can be declaratory or remedial, depending on circumstances and no inference one way or another can be drawn from the amendment, unless specified in the amendment. 6. RULES OF INTERPRETATION 6.1 subject to any governmental or other state approval as may be required, every Resolution applies globally wherever the Passenger Agency Programme is in effect, unless a contrary intention is expressed in the Resolution in which case the Resolution concerned applies only to the areas or countries mentioned as such. 6.2 a Resolution shall be considered as always applicable, and where a matter or thing is expressed in the present tense, it shall be applied to the circumstances as they arise, so that effect may be given to the enactment according to its true spirit, intent and meaning. 6.3 the preamble of a Resolution shall be read as a part of the Resolution intended to assist in explaining its purport and object. 6.4 any word contained in a Resolution in the singular number includes the plural; any word importing any gender includes the masculine, feminine and neuter genders; any word importing a person includes a corporation, a partnership and any other entity and vice-versa. 7. COMPUTATION OF TIME 7.1 where the time limit determined for the execution of a provision expires or falls on a bank holiday in the country of the Agent’s Approved Location, the action may be executed on the immediate day following that is not a bank holiday. 7.2 where the time limit determined for the execution of a provision is expressed to begin after or to be from a specified day, the computation of such time period does not include that day. Where there is a reference to a number of days between two events, in calculating that number of days the day on which the first event happens is excluded and the day on which the second event happens is included. Agenda Item: Revision No.: Date: Attachment: Page: R4 0 28 Aug 13 ‘A’ 4 of 4 _____________________________________________________________________ 8. LANGUAGE where Resolutions are adopted in another language in addition to English, or where administrative translations of Resolutions are prepared, the English version shall prevail. Agenda Item: Revision No.: Date: Page: R5 0 28 Aug 13 1 of 1 _____________________________________________________________________ AMENDMENTS TO RESOLUTION 820e Submitted by IATA Legal Services In response to a series of related requests for review where the Agency Administrator had not been provided with copies of the Agents’ requests prior to the Travel Agency Commissioner issuing his decisions, IATA Legal Services recommends that the Conference amend Resolution 820e to obligate the Travel Agency Commissioners to provide the Agency Administrator with a copy of each Agent’s or Applicant’s request for review together with all related material and evidence provided in support of the request. Furthermore, IATA Legal Services recommends that Travel Agency Commissioners be obligated to offer the parties the opportunity to hold a scheduling conference by telephone call or other means to reach an agreement or alternatively to issue an order regarding the procedures to be followed for the hearing of the matter, and to set a timetable. Proposed Action Conference to adopt the amendments to Resolution 820e shown in Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R5 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ RESOLUTION 820e REVIEWS BY THE TRAVEL AGENCY COMMISSIONER 1.2 PROCESSING REVIEW REQUESTS FROM AN AGENT OR APPLICANT 1.2.5 as promptly as reasonably possible after a case has been initiated by an Agent or Applicant, the Commissioner must provide to the Agency Administrator a copy of the request for review, together with all related material and evidence provided in support of the request; [...] Section 2 - Rules of Practice and Procedure 2.1.3 right to submit in writing any relevant information which it deems appropriate and the right to respond to the other side’s submissions; [...] 2.6 shortly after having received a request for review, the Commissioner shall offer the parties the opportunity to hold a scheduling conference by telephone call or other means, with a view to reach an agreement, or alternatively to issue an order, regarding the proper procedures to be followed for the hearing of the matter, and to set a timetable. eExcept for good cause stated in writing, the Commissioner shall schedule each review proceeding not later than 45 days after receipt of the request for review. The Commissioner shall normally render his decision within 30 days after the close of the record in the proceeding; [...] Agenda Item: Revision No.: Date: Page: R6 0 28 Aug 13 1 of 1 _____________________________________________________________________ LOCAL FINANCIAL CRITERIA Submitted by IATA Legal Services In response to a number of instances relating to the interpretation of Local Financial Criteria, IATA Legal Services has concluded that certain amendments to Resolutions are necessary to ensure consistency of interpretation. It is therefore proposed to include a definition for Local Financial Criteria in Resolution 866 as shown below and to make amendments to Resolutions 800f, 818g and 820e as shown at Attachment ‘A’: LOCAL FINANCIAL CRITERIA sometimes referred to as ‘Local Criteria’ or ‘Financial Criteria’ means: (a) in relation to a country or a territory governed by Resolution 818g, the local criteria recommended by the Agency Programme Joint Council and adopted by the Conference in relation to said country or territory, or (b) in relation to a country or a territory governed by Resolution 800, the standards established by the Agency Investigation Panel and endorsed by the Agency Administrator in relation to said country or territory. In addition, IATA Legal Services proposes an amendment to the cover page of Section 3 in the Travel Agent’s Handbook to clarify that the Passenger Sales Agency Rules shall prevail over any conflict, contradiction or inconsistency with any Local Criteria. Proposed Action PSG/83 endorsed the above proposal. Conference is asked to adopt the changes shown at Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R6 0 28 Aug 13 ‘A’ 1 of 7 _____________________________________________________________________ RESOLUTION 800 2.4.1(c) if so directed by the Agency Administrator, the Agency Investigation Panel shall conduct annual examinations of the financial standing of Agents. Its Secretary may request and the Agent concerned shall be under obligation to furnish, by the date specified in the Secretary's letter of request, the documents deemed necessary by the Agency Investigation Panel to conduct such examination. Failure by the Agent to submit such documents as prescribed shall be grounds for the Secretary to apply two instances of irregularity and to give the Agent 30 days to comply. Failure by the Agent to comply within 30 days shall be grounds for the Agency Investigation Panel to request the Agency Administrator to give the Agent notice of termination of the Sales Agency Agreement and notify all Members, Airlines and ISS Management accordingly, provided that if the Agent demonstrates to the Agency Administrator prior to the termination date that it meets the financial criteria Local Financial Criteria incorporated in the Travel Agent's Handbook the termination shall not take effect; 2.4.1(d) when the Agency Investigation Panel determines that an Agent no longer satisfies the financial criteria Local Financial Criteria incorporated in the Handbook, it may, if circumstances so warrant, prescribe in writing such conditions as are deemed appropriate to be complied with by the Agent within 60 days of the date of such written prescription. The Secretary shall determine if such conditions have been met. On finding that the Agent failed to comply, the Secretary shall request the Agency Administrator to apply two instances of irregularity, to withdraw all Traffic Documents, and require the Agent to comply within 30 days. If the Agent fails to comply within 30 days the Secretary shall request the Agency Administrator to give the Agent notice of termination of the Sales Agency Agreement and notify all Members, Airlines and ISS Management accordingly; 2.4.1(g) when the financial position of an Agent is subject to examination by the Agency Administrator, and the Agent is unable to meet the financial criteria Local Financial Criteria of the Handbook, the Agency Administrator shall take normal business fluctuations into account and provide the Agent with a reasonable period of time to meet those criteria; 2.4.1(h) A cost justified financial review fee, the level to be set by IATA Management, will apply for each Agent that fails to comply with established criteria Local Financial Criteria.. Agenda Item: Revision No.: Date: Attachment: Page: R6 0 28 Aug 13 ‘A’ 2 of 7 _____________________________________________________________________ Branch Locations in Other Countries 2.4.2.1 An applicant that opens Branch Locations in a country, that is different from where the Head Office legal entity is located, will be assessed against the financial criteria Local Financial Criteria established for the country of the Branch Location. In such event the Agent will be required to submit the financial documents of the Head Office legal entity. Where the Agent is unable to meet the applicable local criteria Local Financial Criteria of the country of the Branch Location, it shall be required to furnish additional security in the form of a bank or insurance bond or guarantee to cover the funds at risk for that location. 11.10.1.2 if the financial situation of the Agent is found to be unsatisfactory, the Agency Administrator shall give the Agent notice of termination of the Sales Agency Agreement, provided that if the Agent demonstrates to the Agency Administrator prior to the termination date that it meets the financial criteria Local Financial Criteria incorporated in the Travel Agent's Handbook the termination shall not take effect; 11.12.4 Change of Head Office location to another country In the event a Head Office location changes from one country to another without prior notification, the Head Office and all of its Locations shall be suspended pending review of its changed circumstances and evidence confirming its principal place of business for the Head Office and compliance with the criteria Local Financial Criteria applicable to the country concerned. Such suspension may lead to removal from the agency list and termination of the current Passenger Sales Agency Agreement until such time as a new application for accreditation, complying with all local criteria Local Financial Criteria in the other country, is reviewed and approved and a new Passenger Sales Agency Agreement has been signed with the Head Office legal and business entity in the new country. RESOLUTION 800f WHEREAS Resolution 818g provides that applicants and Agents shall undergo an evaluation of their financial standing to become and maintain status as an Accredited Agent in accordance with established local financial criteria Local Financial Criteria, as recommended by the APJC and adopted by the Conference and published in the Travel Agent's Handbook; Agenda Item: Revision No.: Date: Attachment: Page: R6 0 28 Aug 13 ‘A’ 3 of 7 _____________________________________________________________________ WHEREAS a market may have not developed its own local financial criteria Local Financial Criteria; WHEREAS a review of local financial criteria Local Financial Criteria in a particular market may raise financial concerns; RESOLVED that the AGENTS' FINANCIAL EVALUATION CRITERIA shown at Appendix ‘A’ shall be taken into account as a best practice for the establishment and/or review of the local financial criteria Local Financial Criteria in markets where existing local criteria Local Financial Criteria raise substantiated concerns, including by AIPs and APJCs, subject to any local conditions that may apply. GENERAL RULE 1. Each AIP and APJC must evaluate its local financial criteria Local Financial Criteria at least once per annum taking into consideration the best practice financial criteria contained in Appendix ‘A’, subject to any local conditions that may apply. 2. In the event of any conflict, contradiction or inconsistency between (a) the provisions of this resolution or the provisions of any Local Criteria as the case may be and (b) any provisions contained within the applicable Passenger Sales Agency Rules for a market, the provisions of the Passenger Sales Agency Rules shall prevail. RESOLUTION 800o 1. General On-line Travel Agent applicants may be approved provided they can demonstrate they comply with all business and legal requirements in a country to operate a travel agency service and sell travel services to the public, provided they meet and continue to meet the financial criteria Local Financial Criteria so established in the country, including where appropriate and as determined by the Agency Administrator provision of a bank or insurance bond or guarantee Financial Security to cover sales at risk. 2.4 All locations established by the applicant must also comply with the financial criteria Local Financial Criteria of each country and any local laws for operation of a travel agency. Agenda Item: Revision No.: Date: Attachment: Page: R6 0 28 Aug 13 ‘A’ 4 of 7 _____________________________________________________________________ RESOLUTION 814i 1.1.2.2 the Council when it deems appropriate shall create a Financial Advisory Group to review and make recommendations to it on the criteria for financial standing Local Financial Criteria , which body shall function as per sub-paragraph 1.1.3 below. 1.1.3 Financial Advisory Group 1.1.3.1 the Council may establish a Financial Advisory Group to assist in the development of local financial criteria Local Financial Criteria for accreditation. The Financial Advisory Group (FAG) will be under the direct control of the Council and shall: (i) be composed in equal numbers of qualified staff of both airline and agent members, (ii) consist at a minimum of two airline and two agent representatives as nominated by the APJC. 1.1.3.3 the FAG will review any existing financial criteria Local Financial Criteria against changing economic conditions in the market and make recommendations for change to the Council. RESOLUTION 818g 1.1.2.4 the Council when it deems appropriate shall create a Financial Advisory Group to review and make recommendations to it on the criteria for financial standing Local Financial Criteria, which body shall function as per sub-paragraph 1.1.3 below. 1.1.3 Financial Advisory Group 1.1.3.1 the Council may establish a Financial Advisory Group to assist in the development of local financial criteria Local Financial Criteria for accreditation. The Financial Advisory Group (FAG) will be under the direct control of the Council and shall: (i) be composed in equal numbers of qualified staff of both airline and agent members, (ii) consist at a minimum of two airline and two agent representatives as nominated by the APJC. 1.1.3.3 the FAG will review any existing financial criteria Local Financial Criteria against changing economic conditions in the market and make recommendations for change to the Council. Agenda Item: Revision No.: Date: Attachment: Page: R6 0 28 Aug 13 ‘A’ 5 of 7 _____________________________________________________________________ Section 2—Qualifications for Accreditation The requirements and qualifications listed in this Section 2 (including established local criteria Local Financial Criteria published in the Travel Agent's Handbook) are designed to assess on fair and neutral terms whether the applicant has the necessary qualifications and financial standing to become and maintain status as an Accredited Agent, with the consequent credit entitlement that results. Finances 2.1.4 The financial stability of the applicant is assessed in relation to the funds at risk, taking into account net equity, net current assets compared to the net cash sales of an average prescribed reporting and remitting period. Such evaluation shall be in accordance with the Sales Agency Rules and, as the case may be, the established local criteria Local Financial Criteria, as adopted by the Conference and published in the Travel Agent's Handbook. Branch Locations in Other Countries 2.1.4.3 An applicant that opens Branch Locations in a country, that is different from where the Head Office legal entity is located, will be assessed against the financial criteria Local Financial Criteria established for the country of the Branch Location. In such event the Agent will be required to submit the financial documents of the Head Office legal entity. Where the Agent is unable to meet the applicable local criteria Local Financial Criteria of the country of the Branch Location, it shall be required to furnish additional security in the form of a bank or insurance bond or guaranteeFinancial Security to cover the funds at risk for that location. 2.2 IATA has the right to conduct examinations of the financial standing of Agents either annually or and for cause at any time. 2.2.1.1 When IATA determines that an Agent no longer satisfies the applicable financial criteria Local Financial Criteria incorporated in the Handbook, IATA shall immediately inform the Agent in writing of conditions as are deemed appropriate to be complied with by the Agent by a specified date including, but not limited to, the provision of a Financial Security if none had been previously required.; 2.2.1.2 Additionally, IATA has the right, when IATA finds for any reason that funds are at risk, for cause to review at any time the Agent's funds at risk and require an adjustment to any existing Financial Security provided to ensure appropriate and sufficient coverage. Such Agenda Item: Revision No.: Date: Attachment: Page: R6 0 28 Aug 13 ‘A’ 6 of 7 _____________________________________________________________________ adjustment may require an increase or decrease in the Agent's Financial Security. The Financial Security provided u n d e r t h i s S u b p a r a g r a p h shall be in accordance with these Sales Agency Rules, but it may go beyond the established local criteria Local Financial Criteria 2.2.1.3 as adopted by the Conference and published in the Travel Agent's Handbook, and In all cases where a Financial Security needs to be provided, it shall be provided by a specified date to be determined by IATA, which shall be no earlier than 30 days and no later than 60 days from the date of such written notification. On finding that the Agent failed to comply with a requirement to provide a Financial Security or an increase thereof, such failure shall be grounds for IATA to apply two instances of irregularity and IATA shall withdraw all Standard Traffic Documents (STDs) and require the agent to comply with the conditions within 30 days. Failure by the agent to comply within 30 days shall be grounds to give the Agent notice of removal from the Agency List, which removal shall take effect on a date that is not before the date specified in clause 13.2 of the Passenger Sales Agency Agreement, and to notify all BSP Airlines accordingly; 2.2.4 where pursuant to the provisions of Subparagraph 2.2 or 2.2.1.3 above STDs are withdrawn or an Agent receives notice of removal, the Agent may within 30 days of the date of such withdrawal, notice of removal or of termination, invoke the procedures set out in Resolution 820e for review of IATA’s action by the Travel Agency Commissioner including the possibility of seeking interlocutory relief. 2.2.5 If an Agent is required to provide a Financial Security, the Agent must ensure that the Financial Security is and remains valid, and is renewed by the expiry date. IATA also has the right to review the validity of a Financial Security including in accordance with the Applicable Criteria Local Financial Criteria. 10.2.2 No later than 7 days after any change listed in Subparagraph 10.2.1 taking effect, the Agent must provide to IATA notice of the change and the most recently available Aaccounts, in accordance with the Aapplicable Ccriteria, as defined in Section 2 of this Resolution. The Agent's accreditation will remain in effect unless, after reviewing the change or completing the Financial Review of the Agent, IATA determines that (i) the Agent does not satisfy the qualifications for accreditation, or (ii) the change alters the Agent's legal nature, in which case the Agency Administrator shall initiate a review of the Agent. 10.8.4 Change of Head Office location to another country In the event a Head Office location changes from one country to another without prior notification, the Head Office and all of its Locations shall be suspended pending review of its changed circumstances and evidence confirming its principal place of business for the Head Agenda Item: Revision No.: Date: Attachment: Page: R6 0 28 Aug 13 ‘A’ 7 of 7 _____________________________________________________________________ Office and compliance with the criteria Local Financial Criteria applicable to the country concerned. Such suspension may lead to removal from the aAgency lList and termination of the current Passenger Sales Agency Agreement until such time as a new application for accreditation, complying with all local criteria Local Financial Criteria in the other country, is reviewed and approved and a new Passenger Sales Agency Agreement has been signed with the Head Office legal and business entity in the new country. 14.1.3 A cost justified fee, the level to be agreed locally, will apply for each Agent that fails to comply with established criteria Local Financial Criteria.. RESOLUTION 850 8.2.4 to meet the local financial criteria Local Financial Criteria, if any; RESOLUTION 850p “WHEREAS certain Sales Agency Rules provide that an Agent may meet the financial criteria Local Financial Criteria by the provision of additional financial security in the form of a bank guarantee, insurance bond, or default insurance scheme (“DIP” scheme) (including trust fund);” 2.1.1 No Provider or Provider product shall be accepted for the purposes of an Agent meeting the financial criteria Local Financial Criteria by the provision of additional financial security where permitted by the applicable Sales Agency Rules unless such Provider or Provider product has been approved by IATA in accordance with this Resolution. RESOLUTION 866 LOCAL FINANCIAL CRITERIA sometimes referred to as ‘Local Criteria’ or ‘Financial Criteria’ means: (a) in relation to a country or a territory governed by Resolution 818g, the local criteria recommended by the Agency Programme Joint Council and adopted by the Conference in relation to said country or territory, or (b) in relation to a country or a territory governed by Resolution 800, the standards established by the Agency Investigation Panel and endorsed by the Agency Administrator in relation to said country or territory. TRAVEL AGENT'S HANDBOOK (usually called the ‘Handbook’) means the publication issued under the authority of the Passenger Agency Conference, containing the established accreditation criteria Local Financial Criteria, and the IATA Resolutions concerning the Agency Programme. A copy of the Handbook is provided to each Approved Location, and to each applicant seeking IATA Accreditation, and forms part of the IATA Agency Agreement. Agenda Item: Revision No.: Date: Page: R7 0 28 Aug 13 1 of 1 _____________________________________________________________________ AIRLINE BILATERAL GUARANTEES Submitted by PSG Background Following the discussion at PSG/79 on this subject, which referenced recent demands by Members for bilateral guarantees from all Agents in the Greek market, it was agreed that the Secretary would prepare an item setting out a suggested process to be followed before airlines could request a bilateral bank guarantee. The fundamental requirement for Accreditation, determined in the Resolutions, is the financial stability of the Agent, determined by an evaluation of the Agent’s financial accounts according to the local criteria agreed by the APJC and adopted by Conference for the market. To obtain a satisfactory evaluation, the Agent may be required to provide a Financial Security. The provision of any Financial Security, if required, is calculated in accordance with the financial criteria, to cover the funds at risk. It has been longstanding IATA policy, endorsed by the PSG, that BSP Airlines should not request Agents to furnish separate guarantees. Since IATA would have already undertaken a financial assessment of the Agent in accordance with the terms of the financial criteria, and obtained a Financial Security from the Agent where required, there should be no need for a BSP Airline to require an additional guarantee. Separate guarantees only serve to drain Agents' finances unnecessarily. However, the discussion at PSG/79 reflected concern that some markets did not have meaningful financial criteria, but that once these gaps were closed, there would be no justification for additional bank guarantees. Additionally, Conference recently agreed a change to Resolution 818g to accommodate cases where the APJC had failed to agree on changes to local criteria, whereby proposals could be put to Conference after four APJC meetings or a consultation period of two years. Agenda Item: Revision No.: Date: Page: R7 0 28 Aug 13 2 of 2 _____________________________________________________________________ Therefore, the below proposal seeks to remedy the issue by defining a process for a BSP Airline to identify deficiencies in local criteria by comparing with those in Resolution 800f (which determines the baseline criteria for any market), obtain relief by obtaining a separate guarantee, and as a consequence initiate a review of the criteria by the APJC. Once the deficiencies of the local criteria had been addressed through alignment with those in Resolution 800f, there would no longer be a need for a separate guarantee and the BSP Airline would return it to the Agent. Proposed Action PSG has addressed this issue on a number of occasions, most recently at PSG/83 held in July 2013. For the second time it reviewed proposed resolution amendments to tackle the problem and endorsed the proposal to Conference, on the understanding that further text edits would be made. The resultant proposal is shown at Attachment ‘A’. Conference is asked to adopt the revisions to Resolution 818g as shown in the attachment. Agenda Item: Revision No.: Date: Attachment: Page: R7 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ RESOLUTION 818g PASSENGER SALES AGENCY RULES Section 2 - Qualifications for Accreditation Finances 2.1.4.2 To obtain a satisfactory evaluation, the applicant may be required to provide further information or additional financial support in the form of bank or insurance bonds or guarantees to cover the funds at risk. Recognising that IATA is mandated to conduct examinations of the financial standing of Agents in accordance with the provisions of this Section 2, a BSP Airline may only request a separate bank guarantee on the grounds that the current Local Financial Criteria in the market require strengthening, under which circumstances the following actions will apply: (i) The BSP Airline must notify the Agency Administrator in that the current Local Financial Criteria in the market require strengthening (ii) The Agency Administrator will: a. authorise the BSP Airline to request a separate bank guarantee; any such bank guarantee obtained must be notified to IATA b. call an APJC meeting to propose strengthening the Local Financial Criteria in accordance with the requirements of Resolution 818g, Section 1 (iii) In the event that no recommendation on changes to Local Financial Criteria can be achieved, the provisions of Resolution 818g, subparagraph 1.1.2.3 may be invoked (iv) Following the adoption by Conference of the changes to the Local Financial Criteria, and subsequent to a financial review of the Agent in accordance with these criteria, IATA will require the BSP Airline to return the Agent’s separate bank guarantee to the Agent Agenda Item: Revision No.: Date: Page: R8 0 28 Aug 13 1 of 3 _____________________________________________________________________ FINANCIAL SECURITY POLICY Submitted by the Secretary Background Agents without a satisfactory financial standing must provide IATA with a financial security as per the applicable sales agency rules, for the purpose of recovering unpaid monies owed by the Agent to Members or Airlines. A number of cases involving unrecovered amounts from defaulted Agents highlighted to IATA that not all financial security types currently accepted by IATA fulfill this purpose. In particular, financial risk is not properly managed when the financial security is not able to cover the amount at risk of an Agent. In addition, there is legal risk when the enforceability of the financial security cannot be assured. IATA initiated a global review of the financial security types in 2011 to identify and understand the different types of financial securities currently accepted. The review identified 23 different financial security types. The review revealed not only varying financial and legal risk coverage but also the operational risk associated with managing the many forms of financial securities. The financial, operational, and legal risk was identified for each financial security type by assessing the coverage, the provider, the default recovery rate, and the impact of not accepting certain financial security types. Based on the results, IATA is seeking to simplify and improve the approach to financial security management. This includes: - Defining the accepted financial security types Revising the criteria against which the financial security providers are assessed (Appendix G to the ISSSPM) Defining the minimum critical elements for each financial security and their templates (subject to local legal requirements) The accepted financial security types were defined taking into consideration the following: - The financial security types are provided by an independent third party The security types have the possibility to give sufficient coverage, subject to the locally established criteria Agenda Item: Revision No.: Date: Page: R8 0 28 Aug 13 2 of 3 _____________________________________________________________________ - The default recovery rate for the proposed acceptable financial security types is high The cost to IATA and/or Members and Airlines is not substantial There is transparency on the treatment of collateral provided by Agents to obtain the financial security Global coverage, meaning that no specific maintenance is required for one country to minimise operational risk The defined financial security types to be included in Resolution 850p will be: - - - Individual Financial Security provided by a bank o Bank Guarantee o Standby Letter of Credit o Letter of Credit Individual Financial Security provided by other than a bank o Insurance bond o Surety bond Default Insurance Programme (refer to the section on Default Insurance Programme) Providers of the accepted financial security types (except for banks as per r850p) are currently required to meet the minimum criteria, as available in the ISSSPM. The key revisions to the criteria are: - The provider must be an independent third party The wording has been clarified and objectivised Default Insurance Programme IATA may facilitate the development of financial security types such as Default Insurance Programmes, in response to local requirements, depending on the availability of suitable providers in the market. A review has been performed of the current structure in order to improve the policy and management of the Default Insurance Programme, to meet the minimum critical elements for a financial security. Agenda Item: Revision No.: Date: Page: R8 0 28 Aug 13 3 of 3 _____________________________________________________________________ Current Situation This item was originally put to PSG/80 in September 2012, where the advice received was to hold back on putting the proposal to Conference and in the meantime develop a detailed road map with exit strategies for existing products that would no longer be considered suitable. A more detailed proposal was shared with PSG/82 in March 2013, where the exit strategies were endorsed and are now in the process of being implemented in the local markets, after consultation with the airlines/agents. A revised proposal as contained in this paper was reviewed by PSG/83 in July 2013 and endorsed to Conference. Proposed Action Conference is asked to adopt the amendments to Resolution 850p as shown in Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R8 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ 1. Amend Resolution 850p as follows: “WHEREAS certain Sales Agency Rules provide that an Agents may meet the financial criteria by the provision of additional a financial security in the form of a bank guarantee, insurance bond, or default insurance scheme (“DIP” scheme)(including trust fund);” …. 1.2 “FINANCIAL SECURITY PROVIDER’ (hereinafter referred to as “Provider”) Provider means any entity that guarantees payment to Members or Airlines, through provision of an insurance bond or other instrument any acceptable financial security type set out in section 2 (excluding financial securities provided by a bank) (excluding bank guarantees), in the event of the default of an Agent. 2. ACCEPTABLE FINANCIAL SECURITY TYPES 2.1 Individual financial security provided by a bank 2.1.1 Bank Guarantee 2.1.2 Standby Letter of Credit 2.1.3 Letter of Credit 2.2 Individual financial security provided by an independent third party, other than a bank 2.2.1 Insurance bond 2.2.2 Surety bond 2.3 Default Insurance Programme 2.4 Providers of the acceptable financial security types in 2.1 – 2.3 are required to meet the criteria as referred to in section 3 of Resolution 850p. 23. EVALUATION OF PROVIDERS AND THEIR PRODUCTS 23.1 23.1.1 23.2 23.3 The result of the initial and periodic evaluation shall be reported to the LCAGP and APJC as appropriate. Their views shall be relayed to IATA, who shall decide whether to accept financial security instruments from the Provider; after consultation and recommendations developed with local Airlines’. 23.4 Agenda Item: Revision No.: Date: Attachment: Page: R8 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ 2. Amend Resolution 866 as follows: BANK GUARANTEE means an individual guarantee, with IATA as the beneficiary, issued by a bank in the country where the Agent operates. STANDBY LETTER OF CREDIT means an individual guarantee of payment issued by a bank on behalf of the Agent, that is used as "payment of last resort" if the Agent fails to settle a debt. LETTER OF CREDIT means an individual letter from a bank guaranteeing that the Agent will pay their dues on time and for the correct amount. If the Agent fails to settle a debt, the bank will be required to cover the amount. INSURANCE BOND means an individual guarantee, with IATA as the beneficiary, issued by an approved insurance company (according to Resolution 850p). SURETY BOND means an individual security, where an organisation or a Person assumes the responsibility if the Agent fails to pay its debts. DEFAULT INSURANCE PROGRAMME means a contractual arrangement where an approved insurance company covers a group of Agents (according to Resolution 850p). Agenda Item: Revision No.: Date: Page: R9 0 28 Aug 13 1 of 1 _____________________________________________________________________ NEW BSP CHARGING MODEL Submitted by the Airline Participation Management The last meeting of the ISS Working Group (ISSWG) endorsed the implementation of a new BSP Charging model for 2014 using the same principals as for CASS which was introduced in 2010. The new BSP charging model will address the issues of complexity, lack of transparency and difficulty for airlines to budget their BSP costs. The agreed model will introduce the following: • • • • IATA Member airlines will receive one free BSPLink Basic and one free Enhanced connection per market DP core processing charges and management fees will be consolidated into one invoice and charged in USD using an annual SCU based pricing with a 3 tier principal (i.e. Tier 1: up to 60k SCU; Tier 2: 60k-2M SCU – 10-fold reduction over tier 1; Tier 3: above 2M SCU – 2 fold reduction over tier 2) A 50% surcharge will apply on the consolidated invoice for non-IATA members, but the USD 500 annual fee per operation will be eliminated A minimum monthly management charge of USD 750 (USD 1,125 for non-IATA members) will be introduced The overall cost recovery principle will remain the same, with the possibility of quarterly price adjustments in case of 10% variation and year-end refund/recharge mechanism. The proposed charging model was presented and endorsed by FINCOM 108 and then presented to the Board during the 69th AGM in June 2013. The Board has endorsed this new BSP charging model and asked IATA to develop a communication and implementation plan, in consultation with the IATA Financial Committee, to enable a smooth transition to the new charging model as of 2014. In addition to the introduction of this new charging model, in 2014 all BSP Joining Fees will be set at USD 5,000 for IATA Members and USD 7,500 for non-IATA participants. Proposed Action Conference to note. A detailed presentation on the new Charging Model will be given on site. Agenda Item: Revision No.: Date: Page: R10 0 28 Aug 13 1 of 2 _____________________________________________________________________ REQUIREMENT TO SIGN PROVISIONAL PSAA Submitted by IATA Agency Management A question of clarification has arisen with respect to the requirement under Resolution to have a provisional PSAA “in the same form and effect” signed for certain major changes under s10 of r818g (mainly changes of ownership and changes of name). Pursuant to the provisions of procedures for changes requiring a new PSAA under Resolution 818g Section 10.3, and in the event that Section 10.3.1(a) or 10.3.1(b) applies, the Agency Administrator is required to execute a Provisional Sales Agency Agreement which has the same form and effect as a Sales Agency Agreement. However, IATA’s regional Accreditation teams have advised that they are not doing this. They are currently only requiring Attachment B of 818g to be signed by the Agents (both transferor and transferee) on the basis that in the prescribed attachment: “[…] the Transferee hereby undertakes that it accepts joint and several liability with the Transferor for any outstanding obligations of the Transferor under its Sales Agency Agreement as at the date the transfer of ownership takes place […]” It is believed that this clause has the same effect as signing a provisional PSAA but clearly IATA is not obtaining something that is in the same form as the PSAA. On this basis IATA feels that the terms of Attachment B (attached to this paper) are sufficient to meet the binding requirements of a Provisional Sales Agency Agreement. That being the case, a provisional PSAA signed in the same form is unnecessary. IATA therefore proposes a change to the Resolution wording wherever it appears to delete the requirement for “same form” and provisional PSAA as follows: Resolution 818g: “10.3.3 upon receipt of the Notice of Change form, the Agency Administrator shall execute a provisional Sales Agency Agreement, which shall will countersign the Notice of Change form which will have the same form and effect as a Sales Agency Agreement, with the Agent and/or, if applicable, the new owner, unless the application for accreditation fails to meet the criteria set forth in Section 3 of these Rules, in which case the Agency Administrator shall initiate a review” Agenda Item: Revision No.: Date: Page: R10 0 28 Aug 13 2 of 2 _____________________________________________________________________ Proposed Action Conference to endorse the above resolution amendment. A detailed proposal for modifications to ‘Provisional PSAA’ in other resolutions set out below is in development for the 2nd Transmittal. Reso 800: 3.4.1.2 11.3.2 11.3.3 11.3.4 11.3.5 11.6.1 11.7.1(a)(i) Reso 818a 9.2.2 Reso 818g 10.3.3 10.3.6 10.3.7 10.5.2 10.6.1(a)(i) and (ii) Agenda Item: Revision No.: Date: Page: R11 0 28 Aug 13 1 of 1 _____________________________________________________________________ RESOLUTION 800a – APPLICATION FORM FOR ACCREDITATION AS AN IATA PASSENGER SALES AGENT Submitted by PSG A review of Resolution 800a, the standard form to be used to applications to become an IATA Accredited Agent, reveals that some amendments are needed to remove outdated text or bring the wording into line with current resolutions. Specifically, this means removal of clauses relating to South West Pacific only and updating of Section 7 on security of traffic documents. The proposed amendments are shown at Attachment ‘A’. PSG/83 reviewed this proposal and the proposed resolution amendments and endorsed to Conference Proposed Action Conference to adopt the proposed amendments to Resolution 800a as shown in Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R11 0 28 Aug 13 ‘A’ 1 of 2 _____________________________________________________________________ Amend Resolution 800a as shown below: SOUTH WEST PACIFIC ONLY Paragraphs 4.3.4 through 4.5.4 4.3.4 Does each stockholder own the full beneficial interest in the stock? Yes □ No □ If No, does the shareholder hold the stock in trust as nominee for someone? Yes □ No □ If Yes, attach details. 4.3.5 What is your: 4.3.5.1 Authorised capital? 4.3.5.2 Paid-up capital? 4.4 If TRUST: 4.4.1 Type of trust: 4.4.2 When and where executed: 4.4.3 Name(s) of beneficiary(ies): What is the corpus in the trust?—i.e. capital 4.5 If ASSOCIATION: 4.5.1 Type of association: 4.5.2 When and where incorporated: 4.5.3 Names of members, officers and manager: 4.5.4 Capital structure and the paid-up capital. If the entity is limited by guarantee, state the liability (maximum of each member). Agenda Item: Revision No.: Date: Attachment: Page: R11 0 28 Aug 13 ‘A’ 2 of 2 _____________________________________________________________________ Section 7—Security of Traffic Documents Applicants will be required to provide evidence at the time of inspection that they meet the requisites for Traffic Document security, as advised by the Agency Administrator or the Secretary of the Agency Investigation Panel. 7.1 Describe the type of facility you have in the agency for the storage of your onpremises working supply of Traffic Documents or other accountable documents. Agenda Item: Revision No.: Date: Page: R12 0 28 Aug 13 1 of 1 _____________________________________________________________________ APJC MEMBERSHIP Submitted by PSG A question frequently asked by Local and Regional Offices is whether a General Sales Agent can participate in an APJC meeting on behalf of an Airline. As there is no specific reference to this in resolution, the Secretary sought advice from the PAConf Chairman, who advised as follows: “GSA's are not allowed to attend any IATA Agency Meetings. Their interests are to further their Agency and by attending Agency meetings they may well gain information which would give them an unfair competitive advantage. Many GSAs have a number of interests besides that of the airline they represent. In addition most GSAs represent more than just one airline and this may also give problems on delicate issues.” To avoid any uncertainty in the future, it is proposed to clarify this in resolution text by amending Resolution 818g as shown below: 1.1 AGENCY PROGRAMME JOINT COUNCIL (‘THE COUNCIL’) … … 1.1.1 Composition the Council shall consist of: 1.1.1.1 Members and Airlines designated from time to time by the Agency Administrator, from those having designated a nominee, bearing in mind the local market conditions. Members/Airlines must not designate a General Sales Agent as their APJC representative. GSAs are also not permitted to attend APJC meetings as observers. Proposed Action PSG/83 endorsed the clarification and Conference is invited to adopt the resolution amendment shown above. Agenda Item: Revision No.: Date: Page: R13 0 28 Aug 13 1 of 11 _____________________________________________________________________ EDITORIAL AMENDMENTS TO RESOLUTION 832 Submitted by PSG Introduction An Action Item arising from PAConf/33 in October 2010 was to review the Reporting & Remitting provisions currently in Resolution 832 and develop a proposal for PSG. Background As at 1 June 2011, all BSP countries with the exception of Israel have migrated to the 818g set of Sales Agency Rules. Resolution 818g contains at its Attachment ‘A’ the Reporting and Remitting (R&R) rules for those countries and a section on the Consequences of Default to BSPs and BSP Airlines. Resolution 832 also contains R&R rules for BSP countries, as well as non-BSP countries, and a further section on Consequences of Default. The R&R rules found in Section 1 of Resolution 832 contain many obsolete provisions for countries that have now migrated to 818g, however the rules are still needed for Israel. To avoid any confusion between 818g and 832 R&R rules for BSP countries, the Secretary has undertaken a full review of Resolution 832 and proposes the amendments as shown at Attachment ‘A’. Proposed Action PSG/83 endorsed a proposal to Conference for the necessary amendments to Resolution 832. Conference is invited to adopt the changes to Resolution 832 shown at Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 1 of 11 _____________________________________________________________________ Amend Resolution 832 as shown below: Section 1—Reporting and Remitting through the Billing and Settlement Plan (BSP) This Section is applicable to all Approved Locations of an Agent, except those covered by Resolution 818g, with respect to all sales on behalf of Airlines and Members participating in the BSP. The BSP Manual for Agents contains the administrative and procedural rules to be followed by Agents and constitutes part of this Resolution. 1.1 MONIES DUE ON ISSUE OF STANDARD TRAFFIC DOCUMENTS …. …. 1.1.5 (India only) On the issuance by the Agent of a Standard Traffic Document on behalf of a Member, the Agent shall be responsible for payment to the Member of any related nontransportation charges applicable in the country of issuance, irrespective of whether such Standard Traffic Document is subsequently voided or refunded. …. …. 1.3 AGENCY SALES TRANSMITTALS Agency sales are provided to the BSP Datea Processing Centre in an automated report by the Ticketing System Providers. …. …. 1.6 SETTLEMENT—THE REMITTANCE DATE …. …. 1.6.2.1 Resolution 814 countries only the frequency so established by the Conference shall not be less than once each calendar month, or at such greater frequency as the Conference shall determine; provided that individual Agents may elect to remit at such greater frequency and for such length of time as the Agency Administrator shall deem appropriate acting on the requirements of the Agent; and Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 2 of 11 _____________________________________________________________________ 1.6.2.1(a) if the Remittance frequency so established is monthly, Remittances shall reach the Clearing Bank not later than its close of business on the date established by the Conference. This date shall not be earlier than the tenth nor later than the fifteenth day of the month following the month covered by the Billing, 1.6.2.1(b) MOROCCO ONLY if the remittance frequency so established is once monthly, Remittances shall be made so as to reach the Clearing Bank not later than its close of business on the 16th day of the following month or as provided for on the local calendar; provided that the method of payment used, which is limited to Electronic Bank Transfers and/or Direct Debit, assures that the funds are in the Clearing Bank for good value on the day of remittance; 1.6.2.1(c) if the remittance frequency so established is twice monthly, Remittances shall be made so as to reach the Clearing Bank not later than its close of business on the last day of the month in respect of Billings covering the first 15 days of the month and the 15th day of the following month, in respect of Billings covering the period from the 16th to the last day of the month. The Conference may adjust the period within which Remittances are required to reach the Clearing Bank by not more than five calendar days to meet the special requirements which shall be demonstrated of a particular BSP, 1.6.2.1(d) if the remittance frequency so established or so elected pursuant to Subparagraph 1.6.2.1(a) is greater than twice monthly, Remittances shall be made by the Agent so as to reach the Clearing Bank not later than its close of business on the fifth day following the Reporting Dates so determined; any transactions not processed in previous reporting periods will be included in the final billing; 1.6.2.1(e) if the Clearing Bank is closed for business on the day on which the remittance is required to reach the Clearing Bank under the provisions of Subpara- graph 1.6.2, if applicable, the remittance shall be made by the Agent so as to reach the Clearing Bank before its close of business on the first subsequent day when the Clearing Bank is open for business; 1.6.2.1(f) an Agent having more than one Approved Location subject to the same BSP may apply to ISS Management for authorization to remit monies due on behalf of all such Approved Locations through one designated office of the Agent to the Clearing Bank; 1.6.2.2—1.6.2.4 (except Resolution 814 countries and Canada & Bermuda) Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 3 of 11 _____________________________________________________________________ 1.6.2.1 the Agent shall remit, by the Remittance Date the amount specified on the Billing for the Remittance Period under settlement. If, exceptionally, the Agent has not received such Billing by the Remittance Date the Agent shall: 1.6.2.21(a) on the Remittance Date, remit the amount its records indicate is owing in respect of such Remittance Period or, in a direct debit situation, the amount deter- mined by ISS Management, and 1.6.2. 21 (b) immediately upon receipt of the delayed Bill- ing, remit any shortage between the remittance made pursuant to Subparagraph 1.6.2.2(a) above and the amount of the Billing. 1.6.2. 21 (c) if the Agent fails to remit any such shortage immediately it shall be deemed to be an overdue remittance and Irregularity and Default procedures shall apply in accordance with Subparagraph 1.7.3. 1.6.2. 21 (d) if the extent of the shortage is such as to lead ISS Management to believe that the Agent attempted deliberately to circumvent the settlement requirements of this Section, ISS Management shall instruct the Clearing Bank to debit the Agent for Clearing Bank charges incurred as a result of the shortage. Such charges shall be included in the Clearing Bank's next Billing to the Agent and shall be due and payable by the Agent on the Remittance Date applicable to such Billing; 1.6.2.32 (except Canada & Bermuda) if the Clearing Bank is closed for business on the day on which the remittance is required to reach the Clearing Bank under the provisions of Subparagraph 1.6.2, the remittance shall be made by the Agent so as to reach the Clearing Bank before its close of business on the first subsequent day when the Clearing Bank is open for business; 1.6.2.43 an Agent having more than one Approved Location subject to the same BSP may apply to ISS Management for authorisation to remit monies due on behalf of all such Approved Locations through one designated office of the Agent to the Clearing Bank; 1.6.2.5—1.6.2.13 (Canada & Bermuda only: Processing and Settlement) 1.6.2.5 The Agent shall remit all settlements owing to the Clearing Bank with a value date for each corresponding Settlement Date, in accordance with the Calendar of Settlement Dates for Canada published yearly and in advance by IATA as part of the local Chapter 14 of the BSP Manual for Agents, as prescribed by ISS Manage- ment. The following provisions shall govern the remit- tance process: Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 4 of 11 _____________________________________________________________________ 1.6.2.5.1 In order to settle with the Clearing Bank through automated debits, the Agent shall issue all appropriate authorisations, and in particular the Agent shall enter into agreement providing for pre-authorised debits to be drawn from its designated account, such authorizations and agreement to be substantially in the form as may be prescribed from time to time by ISS Management. 1.6.2.5.2 The Agent who chooses not to settle through automated debits shall duly settle all amounts outstanding by wire transfer, at its own costs, with a value date for each corresponding Settlement Date. 1.6.2.6 the Data Processing Centre shall, in accordance with instructions prescribed by ISS Management, (i) process the contents of the Agent's sales transmit- tals; (ii) provide to the Agent a summary of all transactions contained therein; (iii) compute the net amount due to BSP Airlines; (iv) draw a cheque in or otherwise debit such amount on the Agent's trust account or other bank account for presentation on the ‘Settlement Date’, published in the BSP Manual for Agents; 1.6.2.7 an Agent having more than one Approved Location subject to the BSP may apply to ISS Manage- ment for authorisation to submit Sales Transmittals on behalf of all such Approved Locations through one designated office of the Agent to the Processing Centre; 1.6.2.8 the average number of days between the date of issue of a Standard Traffic Document and the date on which settlement therefore is due to a BSP Airline, or its designated intermediary acting on its behalf, is referred to hereinafter as the ‘average delay from sales to settlement’ (ADSS). 1.6.2.9 It is determined by dividing the length of the Settlement Period in days by two, and adding thereto the number of days following the end of the Settlement Period to the date on which settlement (payment) in respect of all Accountable Transactions made by the Agent during such Settlement Period is to be made to the Member, Airline or designated intermediary; Example: ADSS = length of Settlement Period in days divided by two plus days to Settlement Date Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 5 of 11 _____________________________________________________________________ e.g. 1.6.2.10 the Conference may, provided also that the National Carrier(s) supports the recommendation, authorise changes to the Reporting Period, Settlement Period, Reporting Date, Submission Date and Settlement Date applicable to the BSP, subject to the following: 1.6.2.11 except as provided below the ADSS shall be uniform for all Agents, 1.7 IRREGULARITIES AND DEFAULT …. …. 1.7.1 Charges The Conference, or the Assembly where so delegated, may, subject to the provisions set forth in this Resolution and following local consultation, (which includes receiving comments from the local Joint Agency Liaison Working Group), implement a programme of cost-recovery charges to be levied on Agents under the following circumstances: 1.7.1(a) Administrative Charges …. …. AND 1.7.1(a)(ii) (Philippines only) the amount of the charge shall escalate with the repetition of the same type of incident by the same Location during the same calendar year; provided that the level applicable to the fourth instance shall apply to all subsequent instances during the same calendar year. ISS Management shall keep a record of administrative charges debited to each Location during a calendar year. The record shall be closed at the end of each calendar year and entries therein shall not be carried forward to the following calendar year; Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 6 of 11 _____________________________________________________________________ 1.7.1(b) Clearing Bank Charges Clearing Bank Charges, which shall be in the amount debited to ISS Management by the Clearing Bank as a result of the Agent's failure to remit as prescribed. These will be increased, if applicable, by an amount to compensate for any extra efforts incurred by ISS Management in relation to such failure; and 1.7.1(b)(i) (Philippines only) Clearing Bank Charges shall accrue from the Remittance Date applicable to the date of receipt of the remittance by the Clearing Bank, or to the date when the Agent is declared in Default, whichever is earlier, and shall be proportional to the amount (less tax, if any) remitted late; …. …. 1.7.2 Overdue Paragraph 1.7.3) or Dishonoured Remittance (except Canada & Bermuda—see 1.7.2.1 (except Philippines) if the Clearing Bank does not receive a remittance due by: the Remittance Date, or immediately on receipt by the Agent of a delayed Billing, a remittance in respect of a shortage as provided for in Subparagraphs 1.6.2, or if an instrument of payment received by the Clearing Bank to effect such remittance is dishonoured on or after the Remittance Date, the Agency Administrator who shall thereupon demand payment from the Agent including any Clearing Bank charges incurred and shall then: …. …. OR 1.7.2.2 (Philippines only) if the Clearing Bank does not receive a remittance due by the Remittance Date, or immediately on receipt by the Agent of a delayed Billing, a remittance in respect of a shortage as provided for in Subparagraphs 1.6.2.2(b), (c) and (d), or if an instrument of payment received by the Clearing Bank to effect such remittance is dishonoured on or after the Remittance Date, the Clearing Bank shall immediately so advise the Agency Administrator who shall thereupon demand payment from the Agent including any Clearing Bank charges incurred and shall then: 1.7.2.2(a) notify the Agent that an instance of overdue remittance will be entered in the record kept under the provisions of Subparagraph 1.7.4. A Notice of Irregularity Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 7 of 11 _____________________________________________________________________ sent within the terms of this Subparagraph shall count as two listed instances of Irregularity for the purpose of the list provided for in Subparagraph 1.7.6, for which its provisions shall then apply; 1.7.2.2(b) if payment is not received on demand, the Clearing Bank shall immediately so advise the Agency Administrator who shall thereupon notify the Agent and Default Action with respect to all Locations of the Agent shall be taken in accordance with Paragraph 1.10; 1.7.2.2(c) notwithstanding such Default Action, the Agency Administrator shall debit the Agent for Clearing Bank charges calculated as specified in Subpara- graph 1.7.1(b). The charges so debited shall, for the purpose of Subparagraph 1.10.2, be deemed part of all amounts owing by the Agent; 1.7.2.2(d) in addition to any action prescribed in this Subparagraph, the Agency Administrator shall debit the Agent for costs incurred as a consequence of the late or dishonoured payment; 1.7.2.2(e) if it is established that such non-payment or dishonouring is due to a bona fide bank error, as provided for in Paragraph 1.7.5, and settlement of all amounts due is received on demand, the Irregularity if recorded, shall be rescinded; 1.7.2.2(f) if it is subsequently established that such non-payment or dishonouring is due to a bona fide bank error, as provided for in Paragraph 1.7.9, and settlement of all amounts due is received, but after Default Action has been taken, the Agency Administrator shall immedi- ately withdraw such Default and the Notice of Irregularity, if recorded in accordance with Subparagraph 1.7.5.2(a); 1.7.2.2(g) if, subsequent to an Agent's relinquishment of its accreditation, that Agent fails to remit any monies due, it shall be held to be in default, and the provisions of Paragraph 1.10 shall apply. The Agency Administrator shall thereby cause the termination to be amended to one of default. 1.7.3 Dishonoured Cheque or other Method of Payment (Canada, Bermuda and Philippines only) 1.7.3.1 (Canada & Bermuda only) if a cheque or other debit in settlement of amounts due is dishonoured by non-payment by the drawee bank, the Agency Administrator shall without delay send a Notice of Irregularity in respect of the location concerned and demand immediate payment from the Agent. Such Notice of Irregularity shall count as two instances of Irregularity for the purposes of the lists provided for in Subpara- graph 1.7.6. Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 8 of 11 _____________________________________________________________________ 1.7.3.1(a) If payment is not received on demand, the Agency Administrator shall immediately notify ISS Management and the Agent and he/she shall take Default Action with respect to all Locations of the Agent in accordance with Paragraph 1.10. In addition to any action prescribed in this Subparagraph, the following additional provisions shall apply: (i) a charge as determined annually by the Conference to recover all costs incurred as a consequence of the dishonoured cheque, or other debit shall be due and payable by the Agent, (ii) the charge so determined shall be included in the settlement amount due by the Agent, 1.7.3.1(b) Irregularity bona fide Irregularity if it is established within 90 days of receipt by the Agent of the Notice of that non-payment by the drawee bank of such cheque or other debit is due to a bank error and settlement of all amounts due is received on demand, the so recorded and the charge set forth in Subparagraph 1.7.7.1 shall be rescinded, 1.7.3.1(c) if it is established within 90 days of receipt by the Agent of the Notice of Irregularity that non-payment by the drawee bank of such cheque or other debit is due to a bona fide bank error and settlement of all amounts due is received, but after Default Action has been taken, the Agency Administrator shall immediately withdraw such Default and Notice of Irregularity recorded in accord- ance with Subparagraph 1.7.3.1 rescind the charge set forth in Subparagraph 1.7.3.1(a), OR 1.7.3.2 (Philippines only) If a cheque (except cheques not cleared locally) or other method of payment in settlement of amounts due is dishonoured after the Remittance Date by non-payment by the drawee bank, the Clearing Bank shall immediately so advise the Agency Administrator who shall demand payment from the Agent. For the purpose of this Subpara- graph, payment on demand means payment received by the Clearing Bank before its close of business on the first day the Clearing Bank is open for business following the day of its demand: 1.7.3.2(a) if payment is received on demand the Clearing Bank shall immediately so advise the Agency Adminis- trator who shall thereupon notify the Agent that an instance of dishonoured payment will be entered in the record kept under the provisions of Subparagraph 1.7.4 of this Paragraph. A Notice of Irregularity sent within the terms of this Subparagraph shall count as two listed instances of Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 9 of 11 _____________________________________________________________________ Irregularity for the purpose of the list pro- vided for in Subparagraph 1.7.6, for which its provisions shall then apply; 1.7.3.2(b) if payment is not received on demand the Clearing Bank shall immediately so advise the Agency Administrator who shall thereupon notify the Agent and he shall take default action with respect to all Locations of the Agent in accordance with Paragraph 1.10.1 of this Section. 1.7.3.2(c) if a cheque not cleared locally is dishonoured after the Remittance Date by nonpayment by the drawee bank, the Clearing Bank shall immediately so notify the Agency Administrator who shall thereupon demand pay- ment from the Agent and, furthermore, notify the Agent that an instance of dishonoured payment will be entered in the record kept under the provisions of Subpara- graph 1.7.4 of this Paragraph. A Notice of Irregularity sent within the terms of this Subparagraph shall count as two listed instances of Irregularity for the purpose of the list provided for in Subparagraph 1.7.6, for which its pro- visions shall then apply; 1.7.3.2(d) if the Agent has paid on or before demand, the Agency Administrator shall require the Agent to submit a validated deposit slip as proof of payment and, in addition, the Agency Administrator shall also notify the Agent that no cheque payment written in any currency other than Philippine Pesos will be accepted for payment for a period of 12 months; provided further that if, during the six months' period, subsequent to the first 12 months period, any cheque payment made by the Agent is dishonoured, whether or not subsequent to the issuance of the unfunded cheque and prior to it being dishonoured, the Agent deposits with the Clearing Bank sufficient funds to cover the value of the cheque or, payment is received on demand, default action shall be taken with respect to all Locations of the Agent in accordance with Para- graph 1.10.1 of this Section; 1.7.3.2(e) if payment is not received on or before demand, default action with respect to all Locations of the Agent shall be taken in accordance with paragraph 1.10.1 of this Section, 1.7.3.2(f) In addition to any action prescribed in this Subparagraph, the Agency Administrator shall debit the Agent for costs incurred as a consequence of the dishonoured cheque or other method of payment. 1.7.4 Accumulated Instances of Late Remittance and/or Dishonoured Payment (Philippines only) 1.7.4(a) the Agency Administrator shall keep a record of instances of late remittance and of dishonoured payment notified to Agents pursuant to Paragraphs 1.7.2.2(a) and 1.7.3.2. When the record indicates that an Agent has received two such notifications pursuant to Para- graphs 1.7.2.2(a) and 1.7.3.2. during any six Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 10 of 11 _____________________________________________________________________ consecutive months, or whenever an Agent has received one such notification pursuant to Subparagraph 1.7.5 the following provisions shall apply: 1.7.4(b) the Agency Administrator shall conduct an examination of the financial standing of the Agent in accordance with the provisions of Resolution 810, Section 3, Subparagraph 3.4.1; in addition to documents necessary for such examination, the Agency Adminis- trator shall request the Agent to submit a written expla- nation of the reasons for the instances of late remittance and/or dishonoured payment; 1.7.4(c) if, following the examination of the Agent's financial standing by the Agency Administrator the Agent is retained on the Agency List, the record shall be cleared of all instances of late remittance and of dishonoured payment recorded against the Agent prior to the examin- ation and, for the purpose of this Subparagraph, the commencement of the six months period shall be the date of the decision to retain the Agent. ..... 1.7.7 Accumulated Irregularities The provisions of this Paragraph govern the procedures that shall apply when an Agent accumulates Notices of Irregularities. Accumulated Irregularities may, ultimately, lead to an Agent being placed in Default. 1.7.7.1 after each Remittance Date, or Settlement Date, the Agency Administrator shall compile and publish to BSP Airlines a list containing the names of all the Agents (and the addresses of the Approved Locations concerned) that have been sent Notice of Irregularity under any of the provisions of these Rules since the preceding Remittance Date. 1.7.7.2 if four (4), instances of Irregularity, or six (6) for Resolution 804 countries are recorded on such lists in respect of a Location during any 12 consecutive months, the Agency Administrator shall immediately advise ISS Management and he/she shall take Default Action with respect to all Locations in accordance with Paragraph 1.10; …. …. 1.9 NOTIFICATION OF IRREGULARITY The provisions of this Paragraph govern the procedures when the Agency Administrator is required under any of the provisions of Paragraph 1.7 to send to an Agent a Notice of Irregularity. Agenda Item: Revision No.: Date: Attachment: Page: R13 0 28 Aug 13 ‘A’ 11 of 11 _____________________________________________________________________ 1.9.1(a) (Except 810 Countries) he/she shall immediately send the Agent a registered letter, or certified letter with return receipt, or in countries where registered/ certified mail is not available by use of regular postage and e-mail as appropriate in the form prescribed from time to time. 1.9.1(b) (810 Countries only) he/she shall immediately send the Agent a registered letter, as well as a fax or email copy, in the form prescribed from time to time. 1.9.2 the Notice of Irregularity shall be in respect of the Approved Location concerned, except that a Notice of Irregularity resulting from overdue Remittance by an Agent authorised to remit through one designated office shall be in respect of all Approved Locations covered by the authorisation. 1.9.3 the Agency Administrator shall at the same time send a copy of the letter to the Approved Location concerned, to ISS Management. 1.9.4 such irregularity shall be recorded against the Location concerned by the Agency Administrator on the list maintained pursuant to Subparagraph 1.7.6 of this Section. …. …. 1.11 REMITTANCE AND SETTLEMENT DELAYED BY OFFICIAL GOVERNMENT ACTION (except Canada & Bermuda) notwithstanding any other provision contained in this resolution an Agent shall not be sent a Notice of Irregularity, debited for administrative or Clearing Bank charges, nor declared in Default with respect to all or any part of a remittance to the extent that the Agent is unable to make full settlement because of official Government action which directly prevents such settlement; provided that the Agent demonstrates that the amount has been made available for Remittance at a recognised bank but cannot be remitted owing to such official Government action. Agenda Item: Revision No.: Date: Page: R14 0 28 Aug 13 1 of 1 _____________________________________________________________________ ADMs – ALIGNMENT WITH BSPLINK Submitted by the Secretary Further to an ADM Workshop held as an adjunct to PSG/82 in March 2013, and previous discussions on this topic at both PSG and PAPGJC meetings, the proposed amendments shown at Attachment ‘A’ to Resolution 850m are summarised below: 1. Mandation of BSPlink - as the sole channel for ADM billing and dispute. 2. Mandation of ADM Policy – introducing the obligation for Airlines to publish their ADM policies (free of charge) through a link on BSPlink. 3. ADM admin fees – obligation to include in the same ADM raised for the adjustment 4. Standardisation of timelines – in order to manage operationally. Proposed Action Conference is invited to adopt the proposed amendments to Resolution 850m shown at Attachment ‘A’. Agenda Item: R14 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘A’ Page: 1 of 1 _____________________________________________________________________________ 1. Amend Resolution 850m as shown below: RESOLUTION 850M 1. INTRODUCTION 1.4 BSPlink is mandated as the exclusive medium through which ADMs must be billed and disputed. 2. AIRLINE POLICY 2.1 Airlines are required to publish and communicate in writing their ADM policies to Agents through BSPlink in advance of implementation. 4. ISSUANCE PRINCIPLES 4.5 Where possible electronic BSP functionality will be used by the issuing airline. 4.6 An Agent shall have a minimum maximum of 14 15 days in which to review an ADM prior to its submission to BSP for processing. 4.7.1 Except LATAM countries under 818g Any disputes are to be raised by Agents within 30 days of receipt of an ADM, and 4.7.1.1 all disputes are to be settled by the Airline within 60 days of receipt. 4.7.2 LATAM countries under 818g only Any disputes are to be raised by Agents within two reporting periods of receipt of an ADM, and 4.7.2.1 all disputes are to be settled by the Airline within 60 days of receipt. Agenda Item: Revision No.: Date: Page: R15 0 28 Aug 13 1 of 1 _____________________________________________________________________ AMENDMENT TO DEFINITION OF STD Submitted by PSG As VMCO and VMPD will become obsolete effective 01 January 2014, PSG83 has endorsed to Conference an amendment to the definition for Standard Traffic Documents found in Resolution 866 as shown below: “STANDARD TRAFFIC DOCUMENTS means the following BSP documents: • Electronic Miscellaneous Documents (EMD) • Electronic tickets • Automated coupon-by-coupon MCO (paperless or plain paper) VMCO in accordance with Resolution 725d • Virtual Multipurpose Miscellaneous Document (VMPD) They are supplied by ISS Management, and do not bear any carrier identification until after issuance by the Agent.” Proposed Action Conference is asked to adopt the above amendment and approve editorial amendments to the BSP Manual and ISS Service Provisions – Passenger, namely: BSPM: • Chapter 6 – Standard Traffic Documents (Paragraph 6.1) • Appendix C – Glossary of Terms ISSSPM: Chapter 5 BSP Standard Traffic Documents • Preamble • 5.1 ET – Control of Serial Numbers Chapter 6 – STD Issuance • Preamble • 6.1 Issuance of STDs • Appendix J - Acronyms Agenda Item: Revision No.: Date: Page: R16 0 28 Aug 13 1 of 2 _____________________________________________________________________ RESOLUTION 800o - ON-LINE TRAVEL AGENT RESOLUTION 818a - EUROPE ACCREDITED AGENT RESOLUTION 842 - NETWORK AGENT Submitted by the Secretary Now that Conference has established one set of global Sales Agency Rules for application in BSP countries it is timely to examine other standalone resolutions that impact on the single set of Sales Agency Rules. There are three such resolutions. Resolution 800o - On-Line Travel Agent. In Europe there are 47 Head Office locations registered covering a further 73 Branches making a total of 120 locations. Resolution 818a – Europe Accredited Agent. This resolution only applies in Europe and has 6 registered Agents with over 600 branch locations which are mainly located in Spain. Resolution 842 – Network Agent. This resolution has world wide application and has been effective for ten years and no Agents have ever been accredited. It would be beneficial to merge the relevant parts of the appropriate resolutions into the Sales Agency Rules. The three separate resolutions cause a degree of confusion when they are being analysed alongside resolution 818g. Much of the text is similar or overlaps with what is already contained in the Sales Agency Rules. It is therefore suggested that the relevant text from the stand alone resolutions be incorporated into resolution 818g to provide a single source of reference. The changes will assist applicants and IATA operational staff administering the programme. Proposal As Resolution 842 – Network Agent has been established for 10 years and as no applicant has applied to become a Network Agent it is proposed to rescind this resolution and not include any of the wording in 818g. It is proposed to retain the other two categories but to incorporate the relevant text in resolution 800o and 842 into resolution 818g and then once the changes have been adopted these two resolutions can be rescinded. Agenda Item: Revision No.: Date: Page: R16 0 28 Aug 13 2 of 2 _____________________________________________________________________ The Agents who have registered under the existing resolutions would continue with Grandfather rights and rescission of the resolutions will have no practical effect on the Agents. They would continue to operate as they do today. Details of the proposed changes to Resolution 818g are shown on Attachment A and B. Proposec Action PAConf to agree to the rescission of Resolution 842 and to agree to the changes to Resolution 818g and upon these being adopted by Conference agree to the rescission of Resolution 800o and 818a. Agenda Item: Revision No.: Date: Attachment: Page: R16 0 28 Aug 13 ‘A’ 1 of 2 _____________________________________________________________________ Resolution Text to incorporate Resolution 800o into Resolution 818g As much of the text and procedures for Resolution 800o is a duplication of what is in resolution 818g on-line Agents can be incorporated into 818g by making the following amendments: Firstly, Section 2 is entitled Qualifications for Accreditation. Whilst the paragraph headings do not form part of the resolution it would be more appropriate if Section 2 was entitled “Requirements and Qualifications for Accreditation”. In reviewing the text of resolution 800o it is proposed to improve the definition of On-line Travel Agent contained in Resolution 866, as shown below. Resolution 818g Section 2 – Requirements and Qualifications for Accreditation Insert new paragraphs Online Agent 2.1.14 Applicants for approval as an internet-only Agent must meet the criteria specified in this section with the exception of the physical requirements relating to Premises and Security. In addition any entity applying for the status of an Online Agent must have an established physical Head Office duly registered/licensed to operate as a business. The applicant will also be required to conclude a Passenger Sales Agency Agreement to cover each Online Agent location in a country. 2.1.15 The applicant will effect sales through a website and where local laws permit the applicant may have its Head Office Location/Administrative Office in one country and establish a local web address in another country. The Head Office Location/Administrative Office will be required to meet the criteria specified in this section. In such circumstances each location will be responsible for the reporting and remitting of BSP sales to the BSP of the country/area in which it is located. Renumber 2.1.14 to 2.1.16 Agenda Item: Revision No.: Date: Attachment: Page: R16 0 28 Aug 13 ‘A’ 2 of 2 _____________________________________________________________________ Resolution 866 ON-LINE ONLINE AGENT – means a travel agency an Agent or applicant, duly registered/licensed in the country of operation authorised to sell travel services that facilitates the sale of Members and Airlines services through an Internet portal. which effects sales of Members’ and Airlines’ services through a website, and which has been accredited in accordance with the provisions of Resolution 818g. Agenda Item: Revision No.: Date: Attachment: Page: R16 0 28 Aug 13 ‘B’ 1 of 2 _____________________________________________________________________ Resolution text to incorporate Resolution 818a into 818g Given the history of this resolution the changes are a little more sensitive but much of the text in resolution 818a already exists in 818g. The revised wording would mean that once the entity is accredited it has the ability to seek approval as a European Accredited Agent (EAA). The resolution only applies to European countries and is unique in permitting Accredited EAA Agents to open Branch Offices without seeking approval for these offices. To date there are only six EAA Agents accredited but there are over six hundred branches which may be affiliated, subsidiaries or implants. However much of the text and procedures in resolution 818a is a duplication of what is contained in resolution 818g. It is suggested that the following changes be made to 818g to incorporate this category of Agent into the single set of Sales Agency Rules. Resolution 818g Section 2 – Requirements and Qualifications for Accreditation Insert new paragraphs European Accredited Agent (EAA) 2.1.16 Any Agent established or planning to establish locations in the European Union (EU) the European Economic Area (EAA) or Switzerland may apply for EAA status. European Accredited Agents must be officially registered as companies under the national law of a member state of the EU, EAA or Switzerland and/or licensed to trade and offer travel agency services as prescribed by the national commercial or fiscal law of that member state. The Head Office must be located in the same member state as the entity is registered. The Head Office of the controlling entity which applies to become a EAA shall accept full financial responsibility to IATA and its Members for the performance of all of the locations within its application for classification as an EAA and for any locations subsequently added. 2.1.17 Once Accredited as such, an EAA shall automatically acquire the right to open affiliated, subsidiary locations and implants within the EU, EEA and Switzerland without the need to seek individual accreditation for these locations on the condition that the criteria described in this section is met. When notifying IATA of the creation of a new Location the EAA shall be required to indicate the name, address and other relevant information, (contained in the Application Form shown as Attachment D to this resolution) of the new Location. Agenda Item: Revision No.: Date: Attachment: Page: R16 0 28 Aug 13 ‘B’ 2 of 2 _____________________________________________________________________ Re number existing paragraph 2.1.14 as 2.1.18 If this wording is agreed, Section 5 of Resolution 818a Attachment A will become Attachment D to Resolution 818g. Agenda Item: Revision No.: Date: Page: R17 0 28 Aug 13 1 of 1 _____________________________________________________________________ NON-BSP COUNTRIES MOVED TO RESOLUTION 800 Submitted by Secretary When Latam countries migrated from Resolution 808 to 818g, all the countries listed under Latin America and the Caribbean were carried over into the 818g country listing. Subsequently, Conference took the decision to ring-fence Resolution 818g for BSP countries only, with all non-BSP countries adopting the Sales Agency Rules under Resolution 800. The change to move LATAM non-BSP countries to Resolution 800 was never made and therefore it is proposed to regularize the situation by moving Cuba and Falkland Islands/ Malvinas to the appropriate set of SAR. Proposed Action Conference is invited to adopt the amendments shown at Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R17 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Amend Resolutions 800/818g as shown below: RESOLUTION 800 PASSENGER SALES AGENCY RULES This Resolution is applicable in the following countries and/or territories: Afghanistan, Algeria, Angola, Armenia, Belarus, Bhutan, Brunei Darussalam, Burundi, Cape Verde, Christmas Island, Cocos (Keeling) Islands, Cuba, Comoros, Democratic People's Republic of Korea (DPRK), Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, F a l k l a n d I s l a n d s / M a l v i n a s , Gambia, Guinea, Guinea-Bissau, Indian Ocean Islands, Islamic Republic of Iran, Iraq, Israel, Laos (Peoples' Democratic Republic), Liberia, Libya, Madagascar, Maldives, Myanmar, Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tajikistan, Timor Leste, Turkmenistan, and Uzbekistan. RESOLUTION 818g PASSENGER SALES AGENCY RULES PAC1(49)818g(except USA) PAC3(49)818g Expiry: Indefinite PAC2(49)818g Type: B This Resolution is applicable in the following countries: Area 1: Anguilla, Antigua and Barbuda, Argentina, Aruba, Bahamas, Barbados, Belize, Bermuda, Bolivia, Bonaire, Brazil, British Virgin Islands, Canada, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands/Malvinas, French Guyana, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Martinique, Mexico, Montserrat, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, St. Eustatius, St. Maarten (Dutch part), Saba, Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, Venezuela. Agenda Item: Revision No.: Date: Page: R18 0 28 Aug 13 1 of 1 _____________________________________________________________________ DEFINITION OF LATIN AMERICA IN RESOLUTION 866 Submitted by a Member Background During PAC/34 held in Singapore (October 2011) the agenda item R10 was submitted and adopted to amend the country “Netherlands Antilles” in Resolution 818g to read instead “Bonaire, Curacao, St. Eustatius, St. Maarten (Dutch part) & Saba” in view of a change of status within the Kingdom of the Netherlands effective 10 October 2010. During a recent check in resolution 866 it was discovered that the definition “Latin America and the Caribbean” has erroneously not been amended accordingly. Proposal To amend and adopt the definition “Latin America and the Caribbean” as shown follows : Latin America and the Caribbean means in this Resolution Anguilla, Antigua and Barbuda, Argentina, Aruba, Bahamas, Barbados, Belize, Bolivia, Bonaire, Brazil, British Virgin Islands, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands/Malvinas, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Montserrat, Netherlands Antilles, Nicaragua, Panama, Paraguay, Peru, Saba, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, St. Eustatius, St. Maarten (Dutch part), Suriname, Trinidad and Tobago, Turks and Caicos Islands, Uruguay, Venezuela. Proposed Action PSG to endorse the above amendment in Resolution 866 to Conference. Agenda Item: Revision No.: Date: Page: R19 0 28 Aug 13 1 of 1 _____________________________________________________________________ DEFINITION OF SOUTH WEST PACIFIC Submitted by PSG Background During PAC/34 (Singapore) and PAC/35 (Abu Dhabi) we received individual reports of and discussed the issues (if any) with the following titles: APJC Australia (2011 – G4.1 / 2012 – G4.2.1) APJC New Zealand (2011 – G4.49 / 2012 – G4.2.9) APJC Papua New Guinea (2011 – G4.52 / 2012 – G4.2.11) APJC South West Pacific Islands (2011 – G4.64 / 2012 – G4.2.14) The first 3 (largest) countries in this region are however part of South West Pacific as defined in Resolution 866. Proposal Due to fact future PAC meetings will most probably continue to receive individual reports from these most important markets (Australia, New Zealand and Papua New Guinea) it is proposed to amend the wording/definitions as follows. Amend Resolution 866: South West Pacific that is the area composed of Australia, Cook Islands, Fiji, French Polynesia, Kiribati (Canton and Enderbury Islands), Marshall Islands, Federated State of Micronesia, Nauru, New Caledonia (including Loyalty Islands), New Zealand, Niue, Palau, Papua New Guinea, Samoa (Independent State of), Solomon Islands, South West Pacific Islands, Tonga, Tuvalu, Vanuatu, Wallis and Futuna Islands. South West Pacific Islands that is the area composed of Cook Islands, Fiji, French Polynesia, Kiribati (Canton and Enderbury Islands), Marshall Islands, Federated State of Micronesia, Nauru, New Caledonia (including Loyalty Islands), Niue, Palau, Samoa (Independent State of), Solomon Islands, Tonga, Tuvalu, Vanuatu, Wallis and Futuna Islands. Proposed Action Conference to adopt the resolution amendment above. Agenda Item: Revision No.: Date: Page: R20 0 28 Aug 13 1 of 1 _____________________________________________________________________ DEFINITION OF ATA IN RESOLUTION 866 Submitted by PSG Background Resolution 866 contains a definition for ATA. Since 2011 or 2012, this organization has changed its name and abbreviation to Airlines for America / A4A. However, as the Passenger Agency Programme does not operate in the United States and there is no reference to ATA in any Passenger Agency resolutions, it is proposed that the definition of ATA be deleted from Resolution 866 as shown below: ATA means the Air Transport Association of America. Proposal / Action Conference to adopt the above resolution amendment. Agenda Item: Revision No.: Date: Page: R21 0 28 Aug 13 1 of 1 _____________________________________________________________________ RESOLUTION 850M – ISSUE AND PROCESSING OF AGENCY DEBIT MEMOS (ADMs) Submitted by a Member/Secretary Background This proposal was submitted to last year’s PAConf which raised concerns whether the procedure for Agents’ to dispute ADMs issued to closed and terminated Agents were in place and recommended that a new proposal with 30 days dispute period be submitted to the PSG for review and approval. The rationale behind the 30 days dispute period compared to the current 15 days dispute period given to default Agent needs to be clarified by IATA. This requirement is similar to the proposal approved by PAConf in 2011 to allow BSP Airlines to submit ADMs/ACMs after the Agent was declared in default. Problem Resolution 818g, sub-paragraph 13.1 and 13.2.1 states that the Agent is liable to BSP Airlines for all obligations accrued up to the date of closure/termination, however currently the Airlines are not permitted to raise ADMs/ACMs to recover dues through the BSP mechanism. The only recourse available to BSP Airlines is to recover the outstanding amount from these Agents outside the BSP process. It should be noted that this is a very time consuming and expensive activity for the BSP Airlines with little or no control of recovering the outstanding amount. Proposed Solution The proposal is to amend/add new text to Resolution 850m, 818g and 832 to provide BSP Airlines with the opportunity to raise ADMs/ACMs within a reasonable time period on closed and terminated Agents. Airlines should be allowed maximum period of 30 days (to be consistent with the period provided to raise ADMs/ACMs on defaulted Agents) to raise ADMs/ACMs from the date of IATA notification to Airlines as it has been noted that on some occasions the IATA notification is received after the Agent has closed. The appropriate amendments are set out in Attachment ‘A’. Proposed Action Conference to adopt the resolution changes shown in Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R21 0 28 Aug 13 ‘A’ 1 of 2 _____________________________________________________________________ Resolution 818g Section 13 - Measures Affecting an Agent’s Standing 13.1 RELINQUISHMENT BY AGENT 13.1.1 an Accredited Agent may voluntarily relinquish its Accreditation in respect of all or any of its Approved Locations at any time by giving advance notice in writing to the Agency Administrator who shall notify all Members and BSP Airlines. The notice will state an effective date of withdrawal, The withdrawal shall take effect on a date that is not before the date specified in clause 13.2 of the Sales Agency Agreement, unless these Rules specify a different date. Such withdrawal shall be without prejudice to fulfilment by the Agent and each of the BSP Airlines having the Agent under appointment, of all obligations accrued up to the date of withdrawal from the Agency List; Resolution 818g Section 14 - Agency Fees 14.2 INVOICING Except in respect of the first assessment upon application annual agency fees for each calendar year shall be paid due not later than December 1 of the preceding year in accordance with the instructions of the Agency Administrator. Invoices for such fees shall be sent out by the Agency Administrator not later than November 1 of each year. Invoices for such fees will be issued by the Agency Administrator for collection through the BSP, except where this is not operationally feasible payment will be due within 30 days of the date of issue. 14.2 NON-PAYMENT OF ANNUAL, APPLICATION OR ADMINISTRATIVE FEES 14.3.1 if any Agent fails to pay the annual agency fee by December 1, the due date, IATA will apply two instances of irregularity by issuing a Notice of Irregularity, including notice of suspension, and will give the Agent 30 days to comply. Failure by the Agent to comply within 30 days will cause IATA immediately to suspend the Agent and to give the Agent written notice of removal from the Agency List, provided that if the Agent submits payment prior to the removal date the removal shall not take effect. Where the Agency Administrator gives notice of removal under this provision, the notice shall specify the date at which it will be effective, which shall not be before the date specified in clause 13.2 of the Sales Agency Agreement. the Agency Administrator shall promptly notify the Agent in writing that its Sales Agency Agreement shall be terminated if such fee is not received by December 31. In the event payment is not made by Agenda Item: Revision No.: Date: Attachment: Page: R21 0 28 Aug 13 ‘A’ 2 of 2 _____________________________________________________________________ such date, the Director General shall terminate the Agent’s Sales Agency Agreement and the Agency Administrator shall remove the Agent’s name from the Agency List. Payment of annual fees by the Agent after the due date may be subject to a 10% late-payment surcharge to cover costs incurred. 14.3.2 if an Agent whose Agreement has been terminated under Subparagraph 14.3.1 of this Paragraph subsequently remits the annual fee by March 31 following such termination, the Agency Administrator may, if he is satisfied that the late payment was caused by events beyond the Agent’s control, reinstate the accreditation of an Agent. Such Agent’s name shall then be reentered on the Agency List and a new Sales Agency Agreement shall be executed. Agenda Item: Revision No.: Date: Page: R22 0 28 Aug 13 1 of 1 _____________________________________________________________________ EXPIRY OF RESOLUTION 810d Submitted by the Secretary Background During the period when the Passenger Agency Programme operated in India under the governance of Resolution 810i, the possibility of including Domestic transactions within the scope of Billing & Settlement was contemplated and accordingly, authority of the PAConf to do so was proposed and passed as Resolution 810d. Under this authority a Domestic BSP, distinct from International BSP was introduced in 2006 and operated as a parallel BSP with different remittance dates. Each accredited Agent signed an Addendum to the PSAA giving their consent to be bound by the covenants of governing Resolutions relating to consequences of default for Domestic BSP in the same manner as they are bound for International. Since June 2011 the Passenger Agency Programme has operated under the governance of Resolution 818g and with effect from 01 July 2013, International and Domestic transactions are billed in a single invoice with the same Remittance Date. Since there is only a single Billing & Settlement Calendar and all transactions are amalgamated in a single invoice the authority of Resolution 810d to operate a Domestic BSP Programme is no longer necessary. Proposed Solution The practice of obtaining a Domestic Addendum to the Passenger Sales Agency Agreement is no longer required and Resolution 810d should be expired as soon as possible as it is no longer relevant. Proposed Action Conference to agree to the expiration of Resolution 810d effective 31 December 2013 and adopt the resolution changes as shown in Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R22 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Amend Resolution 810d as shown below: RESOLUTION 810d DOMESTIC AGENCY PROGRAMME IN INDIA PAC3(4050)810d(India) Expiry: Indefinite 31 December 2013 Agenda Item: Revision No.: Date: Page: R23 0 28 Aug 13 1 of 2 _____________________________________________________________________ ADDITION TO RESOLUTION 818g (Attachment C) FOR REMITTANCE DATE – INDIA Submitted by APJC India Background India has weekly billing cycle. The Remittance with effect from 01 January 2014 is the 7th day after the end of the sales period. The APJC-IN had unanimously proposed to the 32nd Passenger Agency Conference an easement of having the Remittance date deferred in the event of there being bank holidays during the credit period but no action was returned by Conference. Hence the APJC-IN at their 38th meeting held on 13 August 2013 unanimously recommended that this proposal be placed before Conference anew at the 36th PAConf. Oftentimes it is observed that banking closure for several days during the period between the end of a sales period and the remittance date brings about a freeze in the commercial and banking activity and impairs the ability of agents to mobilize funds for Remittance. This causes them undue hardship and has the potential of accelerating the number of Irregularities and Defaults that, in general, is unhealthy for the Industry. Proposal It is submitted that the intent of the Council in having proposed seven days between the end of the sales period and the remittance date, was to allow at least five working days for agents to mobilize funds and make the same available for remittance. In this light it is proposed that the following paragraph be inserted after paragraph 1.6.2.1(d) of Resolution 818g, Attachment C: INDIA ONLY: Remittance shall be made by the agent to reach the clearing bank by not later than its close of business on the seventh day after the end of each Reporting period. Exception: When there are more than two days of Bank closure / holidays between the end of the sales period and the remittance date or less than five working days, then the remittance date shall be deferred by as many days as the number of holidays/closure in excess of two days or by as many days as the number of working days during the same period fall short of five. Bank closure/holidays, for the purpose of this paragraph, shall mean a Bank Holiday or complete unscheduled closure of all Banks in a specific territory or in India for all business, owing to strikes, riots or civil commotions. Such deferment of Remittance date shall not exceed one working day under any circumstances whatsoever. Agenda Item: Revision No.: Date: Page: R23 0 28 Aug 13 2 of 2 _____________________________________________________________________ Proposed Action Conference to adopt the change to Resolution 818g, Attachment ‘C’ as shown above for effectiveness from 01 January 2014. Agenda Item: Revision No.: Date: Page: R24 0 28 Aug 13 2 of 2 _____________________________________________________________________ NUMBER OF IRREGULARITIES TO TRIGGER DEFAULT IN INDIA Submitted by APJC India Background India has weekly billing cycle. The Remittance with effect from 01 January 2014 is the 7th day after the end of the sales period. There was an apprehension expressed by the airline and agency representatives on the Joint Council that instances of irregularity and default will escalate. The Agency representatives argued that two occasions in twelve months of a dishonour often due to Agent error was too stringent for triggering default. It was pointed out that recently the Indian banking infrastructure had been enhanced with a Cheque Truncation Scheme (CTS) whereby oftentimes the payment instrument did not even arrive for clearing at the local bank. They cited the exception in Resolution 818g, Attachment A for Nepal and argued that circumstantially the two neighboring countries were similar. The APJC-IN at their 37th meeting unanimously agreed to propose this change to Conference. Proposal It is proposed that paragraph 1.7.5.2 of Resolution 818g, Attachment A be amended as follows: 1.7.5.2 immediately upon a fourth instance of Irregularity being recorded, six instances in the case of Nepal and India and countries on weekly remittance in Area 1 except Argentina, Paraguay and Uruguay where eight instances apply, on such list in respect of a Location during any 12 consecutive months the Agency Administrator shall take Default Action with respect to all Locations in accordance with Paragraph 1.10; Proposed Action Conference to adopt the resolution amendment shown above for effectiveness from 01 January 2014. Agenda Item: Revision No.: Date: Page: R25 0 28 Aug 13 1 of 2 _____________________________________________________________________ REDUCTION IN BSP PROCESSING TIMES – BSP NEW ZEALAND Submitted by APJC-NZ 1. Background 1.1 The APJC-NZ has been deliberating over the past year on further operating efficiencies to improve risk management and reduce airlines’ exposure to agency default, by means of both default protection arrangements and reduced credit exposure through the BSP. 1.2 The improved and recently re-stated default protection arrangement (the TAANZ-IATA Agreement) covering airlines transacting through the New Zealand BSP has been finalised. The other area of focus has been on BSP processing times, where the APJC Airline and Agency members have been working collaboratively to introduce efficiencies to reduce exposure and better manage risk. 2. Proposal to Reduce Processing Times 2.1 At the APJC-NZ meeting on 01 August, TAANZ agreed, on behalf of its membership, to a 7 day reduction in the BSP processing times, largely facilitated by efficiencies in airline and IATA processing. Local airlines who were previously uploading ADM’s/ACM’s to the BSP via a third party are now able upload ADM’s/ACM’s directly to IATA’s Data Processing Centre (DPC), thus removing this 5 day processing window. In addition, IATA was able to shave one day from its DPC processing time. New Zealand Travel Agents were able to contribute a further one day efficiency in their back-office billing reconciliation, bringing the total savings in processing time to 7 days. 2.2 The proposed BSP calendar (as an example) for both 7 and 14 day remittance cycles is shown at Attachment ‘A’. 2.3 The reduction in processing times would be phased in over two tranches: • 6 days reduction effective 01 January 2014 • Further 1 day reduction effective 01 July 2014 Agenda Item: Revision No.: Date: Page: R25 0 28 Aug 13 2 of 2 _____________________________________________________________________ 3. Action Required of PAConf 3.1 The APJC-NZ seeks the PAConf’s approval to introduce these processing efficiencies in two tranches, as outlined above, and that they be included in Resolution 818g, Attachment C. Section 1.6 New Zealand Only: If the remittance frequency so established is four times monthly, Remittances shall be made so as to reach the Clearing Bank not later than its close of business on the 7th day from the Billing Distribution date [6th day from Billing Distribution date effective 1st July 2014]. If the remittance frequency so established is twice monthly, Remittances shall be made so as to reach the Clearing Bank not later than its close of business on the 7th day from the Billing Distribution date of the later sales period. [6th day from Billing Distribution date effective 1st July 2014] Agenda Item: Revision No.: Date: Attachment: Page: R25 0 28 Aug 13 ‘A’ 1 of 1 CURRENT CALENDAR REPORTING PERIOD Day 1 A p r-2013 1-Apr 8-Apr 15-Apr 22-Apr to to to to EXPECTED RDPC BILLING RUN DATE A/ine /AGT. BILLING DISTRIBUTION DATE AGENT REMITTANCE ACCOUNT AGENT REMITTANCE ACCOUNT DEBIT DATE 14 day remittance D a y 29 Day 7 D a y 12 D a y 15 DEBIT DATE 7 day remittance Day 22 7-Apr 14-Apr 21-Apr 28-Apr Fri 12 Apr Fri 19 Apr Fri 26 Apr Fri 03 May Mon 15 Apr Mon 22 Apr Mon 29 Apr Mon 06 May Mon 22 Apr Mon 29 Apr Mon 06 May Mon 13 May P R OP OS E D CA LE N D A R e ff 1s t J a n 2014 - D ue to Mo nd a y S und a y c y c le 2014 c a le nd a r will c o mme nc e fro m 30th D e c REPORTING EXPECTED RDPC A/ine /AGT. BILLING AGENT PERIOD BILLING RUN DISTRIBUTION REMITTANCE DATE DATE ACCOUNT Mon 29 Apr Mon 13 May AGENT REMITTANCE ACCOUNT Day 1 Day 7 Day 8 Day 9 DEBIT DATE 7 day remittance Day 16 DEBIT DATE 14 day remittance D a y 23 30-Dec 6-Jan 13-Jan 20-Jan 27-Jan 5-Jan 12-Jan 19-Jan 26-Jan 2-Feb Mon 06 Jan Mon 13 Jan Mon 20 Jan Mon 27 Jan Mon 03 Feb Tue 07 Jan Tue 14 Jan Tue 21 Jan Tue 28 Jan Tue 04 Feb Tue 14 Jan Tue 21 Jan Tue 28 Jan Tue 04 Feb Tue 11 Feb A/ine /AGT. BILLING DISTRIBUTION DATE AGENT REMITTANCE ACCOUNT AGENT REMITTANCE ACCOUNT DEBIT DATE 14 day remittance D a y 22 Tue 21 Jan Tue 04 Feb P R OP OS E D CA LE N D A R e ff 1s t J ul 2014 REPORTING PERIOD EXPECTED RDPC BILLING RUN DATE Day 1 Day 7 Day 8 Day 9 DEBIT DATE 7 day remittance Day 15 30-Jun 7-Jul 14-Jul 21-Jul 28-Jul 6-Jul 13-Jul 20-Jul 27-Jul 3-Aug Mon 07 Jul Mon 14 Jul Mon 21 Jul Mon 28 Jul Mon 04 Aug Tue 08 Jul Tue 15 Jul Tue 22 Jul Tue 29 Jul Tue 05 Aug Mon 14 Jul Mon 21 Jul Mon 28 Jul Mon 04 Aug Mon 11 Aug Mon 21 Jul Mon 04 Aug Agenda Item: Revision No.: Date: Page: R26 0 28 Aug 13 1 of 2 _____________________________________________________________________ CHANGE OF REMITTANCE FREQUENCY – PAKISTAN Submitted by APJC-PK Background Information Pakistan BSP is on four times a month billing and twice monthly settlement. Due to the high number of defaults and the high amount of unrecoverable debt, the APJC considered a proposal to increase the remittance frequency to four times a month to coincide with the billings. APJC-PK has met on four occasions since November 2012, supported by five FAG meetings, to discuss increasing the remittance frequency in Pakistan. A chronology of discussions at these meetings is shown at Attachment ‘A’. Having received a confirmation email from TAAP on 20 August 2013 (shown in the attachment), the APJC is now unanimous in putting to Conference a request to implement weekly remittance in Pakistan with effect from 1 July 2014. Proposed Action (1) Conference to adopt the proposal to move to weekly remittance in Pakistan effective 1 July 2014 on the basis of the following remittance calendar: Agenda Item: Revision No.: Date: Page: R26 0 28 Aug 13 2 of 2 _____________________________________________________________________ (2) Conference to adopt an amendment to Resolution 818g, Attachment ‘C’ as shown below: Section 1.6 PAKISTAN ONLY If the remittance frequency so established is four times monthly, Remittances shall be made so as to reach the Clearing Bank not later than its close of business on the 7th day from the Reporting Date. Agenda Item: Revision No.: Date: Attachment: Page: R26 0 28 Aug 13 ‘A’ 1 of 8 _____________________________________________________________________ CHRONOLOGY OF EVENTS 1. Inaugural APJC meeting – 19th Nov – After resolution of the legal case with the assistance of UFTAA, IATA organized the inaugural APJC – Pakistan 2. Second APJC – 10th January 2013 –Agency Members wanted to defer the discussion Agenda Item: Revision No.: Date: Attachment: Page: R26 0 28 Aug 13 ‘A’ 2 of 8 _____________________________________________________________________ 3. Third APJC – 28th February 2013 – Unanimous agreement on Weekly Remittance from 1st January 2014 Agenda Item: Revision No.: Date: Attachment: Page: R26 0 28 Aug 13 ‘A’ 3 of 8 _____________________________________________________________________ Agenda Item: Revision No.: Date: Attachment: Page: R26 0 28 Aug 13 ‘A’ 4 of 8 _____________________________________________________________________ 4. Fourth APJC – 14th June 2013 – Agency members retracted earlier agreement and proposed a 10 day cycle if approved by the TAAP – AGM on 26th June 2013. Agenda Item: Revision No.: Date: Attachment: Page: R26 0 28 Aug 13 ‘A’ 5 of 8 _____________________________________________________________________ Agenda Item: Revision No.: Date: Attachment: Page: R26 0 28 Aug 13 ‘A’ 6 of 8 _____________________________________________________________________ Agenda Item: Revision No.: Date: Attachment: Page: R26 0 28 Aug 13 ‘A’ 7 of 8 _____________________________________________________________________ 5. 28th June 2013 – Travel Agents Association of Pakistan [ TAAP ] rejected the weekly or 10 day cycle after the AGM Agenda Item: Revision No.: Date: Attachment: Page: R26 0 28 Aug 13 ‘A’ 8 of 8 _____________________________________________________________________ 6. 20th August 2013 – email confirmation from TAAP obtained as follows: On behalf of Travel Agents Association of Pakistan and TAAP APJC-P delegates, give our concurrence as agreed on draft as under. " Consequent to the discussions at four APJC and five FAG meetings held since 19th November 2012 and the last meeting of TAAP members with Chairman APJC at PIA Head Office on 22nd July, 2013, - in principal TAAP has agreed to work with the APJC for implementation of remittance frequency of 7-10 days in the Pakistan market on the condition that sufficient time will be given to the agents/market to understand and adjust themselves to the changes in the remittance cycle, therefore the implementation date will be deferred till July 2014 instead of the earlier proposed date of 01st January 2014. The APJC members will ensure to work out a joint strategy for a smooth changeover and simultaneously assist member Agent’s to get acquainted with proposed changes in financial criteria and also resolve member Agent’s issues & concerns, to bring improvement in business practices for the successful functioning of APJC in Pakistan." Agenda Item: Revision No.: Date: Page: R27 0 28 Aug 13 1 of 1 _____________________________________________________________________ REDUCTION OF CREDIT PERIOD – BSP INDONESIA Submitted by the Secretary Background Until now ID has a separate Domestic and International Remittance calendar. While the Domestic Remittance date is 8 days after the Reporting date, the International is 14 days after the Reporting date. In an effort to arrive at a common Remittance date for International & Domestic transactions, the Agency Programme Joint Council (APJC) proposes to meet before the second transmittal of the PAConf Agenda is due. The proposal is to arrive at a common Remittance date for International & Domestic transactions. Proposal Therefore subject to consensus at the APJC meeting proposed to be held next month, the recommendation that is likely to have the nod of all airline representatives is to shorten the credit period for International transactions with effect from 01 July 2014, provided the Remittance date is the same as that for Domestic. There is no change to billing frequency being proposed. That frequency stays weekly. The calendars current and proposed by unanimous or majority vote at the APJC meeting next month. Proposed Action Conference to note that subject to discussions at APJC ID there might be a proposal coming onto the agenda with the 2nd Transmittal. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Page: 1 of 1 _____________________________________________________________________________ CHANGE TO REMITTANCE FREQUENCY AND LOCAL FINANCIAL CRITERIA – BSP SPAIN Submitted by APJC Spain Background The 37th meeting of APJC Spain took place on 23 July 2013 and reviewed recommendations of the Financial Working Group in respect to remittance frequency and changes to the Local Financial Criteria. As a result, APJC members have unanimously endorsed the following: 1. Remittance Frequency: change to twice-monthly remittance effective 1 May 2014 and three times monthly effective 1 May 2015. The full proposal is set out at Attachment ‘A’. 2. Local Financial Criteria: concurrent changes to Local Financial Criteria to reflect the increase in remittance frequency, as set out in Attachments ‘B’ and ‘C’. Proposed Action Conference is invited to adopt the proposed changes set out in Attachments ‘A’, ‘B’ and ‘C’, the changes in Attachments ‘B’ and ‘C’ being dependent on the adoption of Attachment ‘A’. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘A’ Page: 1 of 3 ____________________________________________________________________________ CHANGE OF REMITTANCE FREQUENCY IN BSP SPAIN Currently the standard remittance frequency in Spain is 30+10 calendar days, with exceptions in months in which there are public holidays within the first 10 calendar days of the months, where in such cases the remittance date is delay in delayed by the same number of days as public holiday days. A voluntary more frequent remittance calendar (7+10 calendar days) is as well also currently in place in the market. New proposed remittance calendars: 1/ Remittance frequency from the 1st of May 2014 to the 30th of April 2015 a/ As standard, twice-monthly remittance will apply to all agents in BSP Spain. Twicemonthly remittance day will be 10 days after the end of the period concerned (twice a month) with a frequency of 15+10 calendar days. For example: Cash sales performed from the 1st to 15th of May 2014 must be in at IATA’s Account on the 25th of May. *Those months with 31 or 28 days will be adjusted in the second period of the month, it. This means that in the example given in May, which has 31 days, there will be two remittance periods: 15+16, and in February, which has 28 or 29 days, the periods will be 15+13 or 15+14. *If an Agent does not manage to meet the Local Financial Criteria financial local criteria; it must provide a bank guarantee. According with to this remittance model (15+10 calendar days), the bank guarantee provided to IATA must be in accordance with the Resolutions in the authorized format for an amount equal to the average twenty eight (28) days net BSP cash sales of the Agent over the previous 12 months. b/ It will be the possibility to the agent who request it to have a more frequent remittance calendar as it happens today, it will be with a frequency of 7+10 calendar days. For example: Example: Cash sales performed from the 1st to 7th of May 2014 must be at IATA’s Account on the 17th of May. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘A’ Page: 2 of 3 _____________________________________________________________________________ *If an Agent does not manage to meet the Local Financial Criteria financial local criteria; it must provide a bank guarantee. According with to this remittance model (7+10 calendar days), the bank guarantee provided to IATA must be in accordance with the Resolutions in the authorized format for an amount equal to the average twenty (20) days net BSP cash sales of the Agent over the previous 12 months. c/ Finally and exclusively for the Agent that does manage to meet the Local Financial Criteria set in the established for BSP Spain local critera, there will be a possibility for these Agents to ask for having a less frequent remittance calendar, it will be with a frequency of 30 (31)+10 calendar days. Example: For example: Cash sales performed from the 1st to 31st of May 2014 must be at in IATA’s Hinge Account on the 10th of June. Agents that request to be in this setting should provide a bank guarantee to IATA, it which must be in accordance with the Resolutions in the authorized format for an amount equal to the average fifteen (15) days net BSP cash sales of the Agent over the previous 12 months. 2/ Remittance frequency from the 1st of May 2015 a/ As standard, three times-monthly remittance will apply to all Agents in the BSP Spain. Three times-monthly remittance day will be 10 days after the end of the period concerned (three times a month) with a frequency of 10+10 calendar days. Example: For example: Cash sales performed from the 1st to 10th of May 2015 must be at in IATA’s Account on the 20th of May 2015. *Those months with 31 or 28 days, will be adjusted in the last period of the month, it . This means that in the example given in May, which has 31 days there will be three remittance periods: 10+10+11, and in February, which has 28 or 29 days, the periods will be 10+10+8 or 9 *If an Agent does not manage to meet the Local Financial Criteria financial local criteria; it must provide a bank guarantee. According with to this remittance model (10+10 calendar days), the bank guarantee provided to IATA must be in accordance with the Resolutions in the authorized format for an amount equal to the average twenty three (23) days net BSP cash sales of the Agent over the previous 12 months. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘A’ Page: 3 of 3 _____________________________________________________________________________ b/ Finally and exclusively for the Agent that does does manage to meet the Local Financial Criteria established for financial local criteria set in the BSP Spain local critera, there will be a possibility for these Agents to ask for having a less frequent remittance calendar, it will be with a frequency of 30 (31)+10 calendar days. Example: For example: Cash sales performed from the 1st to 31st of May 2015 must be in at IATA’s Account on the 10th of June 2015. Agents that request to be in this setting should provide a bank guarantee to IATA, it which must be in accordance with the Resolutions in the authorized format for an amount equal to the average twenty (20) days net BSP cash sales of the Agent over the previous 12 months. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 1 of 9 _____________________________________________________________________________ PROPOSED LOCAL FINANCIAL CRITERIA FOR BSP SPAIN TO BE APPLIED FROM THE 1ST OF MAY 2014 TO THE 30TH OF APRIL 2015 1/ Requirements for Accreditation of new Agent A/ Documentation: Provided below is a description of the original documents required to become an Accredited Agent. These documents must not be older than three (3) months from the date of the Agent accreditation application described in the official form. - - - - - Certified or attested photocopy of the National Identity Document or Foreigners’ Identity Number (NIE) of the joint and several administrator/s, managing director, legal representative/s and director/s of the new Agent. Original criminal record certificate of the joint and several administrator/s, managing director, legal representative/s and director/s of the new Agent. Original, certified or attested certificate from the General Treasury of the Social Security confirming that the new Agent is up-to-date with the payment of Social Security contributions. Limited audit carried out by a member auditor of the Official Registry of Auditors (ROAC) of the accounts of the previous financial year submitted to the Trade Registry, and interim financial statements for the period spanning from the start date of the current financial year to the date of the Agent accreditation application to be assessed in accordance with section B2 below. If the new Agent is a newly formed company without interim financial statements due to its short period in operation, the new Agent must provide the duly checked opening balance sheet. The opening balance sheet will not be subject to any assessment. Certified or attested photocopy of the Company’s formation deed in which the names of the new Agent’s administrator/s and legal representative/s are clearly specified. If the new Agent has had any change in ownership at any time after the formation of the company and prior to the Agent accreditation application, the new Agent must provide a copy of the change in ownership deed or the change in administrator/s, legal representative/s and director/s deed certified or attested by the auditor or a notary. If the administrator/s and director/s of the new Agent are not EU citizens, please provide a certified or attested copy of their Spanish Residence Permit/s, which must be valid for at least four (4) years. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 2 of 9 __________________________________________________________________________ - Certified or attested photocopy of the new Agent authorisation issued by the autonomous region authorities. Agent Certified or attested photocopy of the business tax (IAE) payment receipt. Certified or attested photocopy of the contract (excluding the financial terms) with an accredited Reservation System, or otherwise a letter from the GDS confirming the installation of the system in the Agent’s premises. B/ Financial requirements: B1/ The new Agent is a newly-formed agency (less than (1) year since the formation of the company): The new Agent must provide a bank guarantee for an amount of seventy five thousand Euros (75,000€) forty nine thousand Euros (49.000€). B2/ The new Agent is a pre-existing agency (more than (1) year since the formation of the company): IATA will appoint a company specialized in risk and solvency analysis and external to both Travel Agencies and Airlines to perform impartial risk and solvency analyses on the new Agent. The results of the analyses will give a score ranging from zero (0) to ten (10), where ten (10) is the highest score and zero (0) the lowest. Likewise, the external company will perform a creditworthiness analysis and a RAI (Unpaid Receivables Registry) incidents analysis on the new Agent. For the results to be valid the new Agent must have submitted the accounts for the most recent financial year to the Trade Registry by the deadline established by law. If the Agent has been in operation for more than (1) year but has not yet been required to submit its accounts to the Trade Registry, the Agent must provide its limited audited provisional accounts to the external company performing the analyses. Otherwise, the results of the solvency ratio analysis will be considered to be zero (0). The Agent is required to achieve a score of five (5) in the results of each of the analyses performed at the time of applying for accreditation as a new Agent. The new Agent is also required to be given a creditworthiness rated above six thousand (6,000) Euros and to have no incidents in the RAI (Unpaid Receivables Registry). Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 3 of 9 _____________________________________________________________________________ In addition to meeting the evaluation criteria, the new Agent is to provide a bank guarantee for an amount of seventy five thousand Euros (75.000€) forty nine thousand Euros (49.000€). The bank guarantee provided by all new Agents under this section 1 to IATA at the time of accreditation as a new Agent must continue in effect for a period of three (3) years from the date of the form of application to join the BSP as notwithstanding the result of any financial assessment of the Agent required in accordance with section 4 of these financial criteria during that time. 2/ Requirements for Changes in ownership A/ Documentation: Described below are the original documents required by IATA for a change in the ownership of an Agent or in its shareholders (if the change involves a change in the control of the company) to become effective. These documents must not be older than three months from the date of the application for change in ownership authorisation described in the official form. - - - - - Certified or attested photocopy by the auditor of the National Identity Document or Foreigners’ Identity Number (NIE) of the new joint and several administrator/s, managing director, legal representative/s and director/s of the Agent. Original criminal record certificate of the new joint and several administrator/s, managing director, legal representative/s and directors of the Agents. Original, certified or attested certificate from the General Treasury of the Social Security confirming that the Agent is up-to-date with the payment of Social Security contributions. Limited audit carried out by a member auditor of the Official Registry of Auditors (ROAC) of the accounts of the previous financial year submitted to the Trade Registry, and interim financial statements for the period spanning from the start date of the current financial year to the date of the application for the change in ownership authorisation. Certified or attested photocopy of the change in ownership deed in which the names of the new joint and several administrator/s, managing director, legal representative/s and director/s of the Agent are clearly specified. If the new joint and several administrator/s, managing director, legal representative/s and director/s of the travel Agent are not EU citizens, please provide a certified or attested photocopy of their Spanish residence permit/s, which must be valid for at least four (4) years. Certified or attested photocopy of the Agent’s authorisation issued by the autonomous region authorities. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 4 of 9 __________________________________________________________________________ B/ Financial requirements: IATA will appoint a company specialized in risk and solvency analysis and external to both Travel Agencies and Airlines to perform impartial risk and solvency analyses on the Agent. The results of the analyses will give a score ranging from zero (0) to ten (10), where ten (10) is the highest score and zero (0) the lowest. Likewise, the external company will perform a creditworthiness analysis and a RAI (Unpaid Receivables Registry) incidents analysis on the Agent. For the results to be valid the Agent must have submitted the accounts for the most recent financial year to the Trade Registry by the deadline established by law . Otherwise, the result of the risk and solvency analyses will be considered to be zero (0). Likewise, the same zero result will be applied to Agents whose accounts have not yet been required to be submit to the Trade Registry when the analysis is performed because of the short period in which the Agent is in operation. All Agents who have a change in ownership must submit a bank guarantee to IATA in accordance with the Resolutions in the authorized format, for an amount equal to the average twenty eight (28) days forty three days (43) net BSP cash sales of the Agent over the previous 12 months but which can never be below the minimum value of forty nine thousand Euros (49.000€) seventy-five thousand euros (75,000€). If all the following apply to an Agent with a change in ownership: - - The results of the analysis on the Agent range from five to ten (5-10); The Agent is assigned a creditworthiness rating above sixty thousand (60,000) Euros (if the applicant is an Agent whose average cash turnover to Spain’s BSP in the past twelve months is above 150,000 Euros) or six thousand (6,000) Euros (if the applicant is an Agent whose average cash turnover to Spain’s BSP in the past twelve months is below 150,000 Euros); The Agent does not have incidents in the RAI; then the bank guarantee provided by the Agent to IATA at the time of the change in ownership must continue in effect for a period of one (1) year from the date of the application for a change in ownership notwithstanding the result of any financial assessment of the Agent required in accordance with section 4 of these financial criteria during that time If the results of the analysis differ from those mentioned above, the bank guarantee provided by the Agent to IATA at the time of the change in ownership must continue in effect for a period of two (2) years from the date of the application for a change in ownership notwithstanding the result of any financial assessment of the Agent required in accordance with section 4 of these financial criteria during that time. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 5 of 9 __________________________________________________________________________ The above-mentioned financial requirements will not apply in the event of a transfer of ownership inter vivos o mortis causa up to the second degree of kinship or affinity by marriage as defined in Articles 915 to 920 of the Civil Code in Spain. This must be supported by document certified by the Civil Registry. 3/ Requirements for Accredited Agents to be reinstated A/ In the event of irregularity/ies in any of the payments to the BSP, giving rise to default by the Agent, the Agent may be reinstated in the system provided that, as well as meeting the requirements provided in the IATA Resolutions, a bank guarantee in the authorised format is provided to IATA calculated as follows: - for an amount equal to the average twenty eight (28) days forty three days (43) net BSP cash sales of the Agent over the previous 12 months but not less than the amount of forty nine thousand Euros (49.000€) seventy-five thousand Euros (75.000€) B/ In the event of the Agent falling into technical default as a result of accumulated irregularities, the Agent may be reinstated in the system provided that, as well as meeting the requirements provided in the IATA Resolutions, a bank guarantee in the authorised format is provided to IATA calculated as follows: - for an amount equal to the average twenty eight (28) days forty three (43) net BSP cash sales of the Agent over the previous 12 months. In both the above cases, the bank guarantee provided by the Agent to IATA at the time of reinstatement must continue in effect for a period of three (3) years from the date of reinstatement as an Agent notwithstanding the result of any financial assessment of the Agent required in accordance with section 4 of these financial criteria during that time. 4/ Continuity of accredited Agent requirements A/ Agent whose average 28 43 days’ cash sales, taking the past 12 months as a reference, is more than three hundred and twenty five thousand (325.000) five hundred thousand (500,000) Euros on the date the continuity analysis is performed. IATA will appoint two rating companies specialized in risk and solvency analysis and external to both, travel agencies and airlines to perform impartial risk and solvency analyses on the Agent. Agents are evaluated twice a year by an required to have two impartial risk and solvency analysis: Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 6 of 9 __________________________________________________________________________ (a) the first time 46 days after the deadline established by law for submitting the annual accounts duly signed by the administrators; and (b) the second time 46 days after the deadline established by law for depositing the annual accounts at the Trade Registry. The Agent will also have the option to send directly to IATA a rating report prepared by either of the two companies designated by IATA, as chosen by the Agent on a voluntary basis. These reports must be: (a) (b) sent to IATA no later than 45 days after the deadline established by law for submitting the annual accounts duly signed by the administrators or depositing the annual accounts at the Trade Registry, whichever is applicable (the “presentation deadline”), and must not be older than seven (7) days from the presentation deadline. If the voluntary report is sent by the Agent in accordance with the timeframes specified in these criteria, IATA will not request any report and will use the analysis in the report sent by the Agent as a reference. If the Agent’s year-end is not 31 December, the Agent must notify IATA before the closing date of its accounts. For the results of each of the default and insolvency analyses to be valid, the Agent must have submitted the annual accounts duly signed by the administrators or deposited the annual accounts in the Trade Registry within the deadline established by law, whichever is applicable. A1 / If the Agent has not sent a risk and solvency report on a voluntary basis, the report requested by IATA to COMPANY 1 will provide results for which it is established that the Agent is required to achieve a score of six (6) in the results of the default analysis and six (6) in the results of the solvency analysis to be able to operate without needing to provide a bank guarantee to IATA. A2 / If the Agent has sent a risk and solvency report on a voluntary basis forming accordance with the criteria described above, the results provided in the report will depend on the company chosen by the Agent. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 7 of 9 __________________________________________________________________________ A2.1/ If the chosen company by the Agent is COMPANY 1: The Agent is required to achieve a score of six (6) in the results of the risk analysis and six (6) in the results of the solvency analysis to be able to operate without needing to provide a bank guarantee to IATA. A2.1/ If the chosen company by the Agent is COMPANY 2: It is established that the Agent is required to achieve a score of eleven (11) in the results of the analysis to be able to operate without needing to provide a bank guarantee to IATA. Should any of the results of the risk and insolvency analyses not meet the scores described above; the Agent will be required to provide a bank guarantee to IATA that must be in accordance with the Resolutions in the authorised format, a bank guarantee for an amount determined by the following percentages, in relation to results obtained: COMPANY 1: - If the minimum valuation obtained is 5, either in the default analysis, solvency analysis or in both, the agent will have to present a bank guarantee for 40% 30% of the average cash sales for 43 28 days, taking into account the last 12 months. - If the minimum valuation obtained is 4, either in the default analysis, solvency analysis or in both, the agent will have to present a bank guarantee for 75% 65% of the average cash sales for 43 28 days, taking into account the last 12 months. - If the minimum valuation obtained is 3 or lower, either in the default analysis, solvency analysis or in both, the agent will have to present a bank guarantee for 100 % of the average cash sales for 43 28 days, taking into account the last 12 months. COMPANY 2: - If the valuation obtained is 10, the agent will have to present a bank guarantee for 40% 30% of the average cash sales for 43 28 days, taking into account the last 12 months. - If the valuation obtained is 9, the agent will have to present a bank guarantee for 75% 65% of the average cash sales for 43 28 days, taking into account the last 12 months. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 8 of 9 __________________________________________________________________________ - If the valuation obtained is 8 or lower, the agent will have to present a bank guarantee for 100 % of the average cash sales for 43 28 days, taking into account the last 12 months. B/ Agent whose average 43 28 days cash sales, taking the past 12 months as a reference, is below five-hundred thousand (500,000) three hundred and twenty five thousand (325.000) Euros on the date the continuity analysis is performed. Agents are to provide the following financial documents on a yearly basis: — Copy of the annual accounts prepared and duly signed by the administrators in the month following the deadline established by law for preparing the accounts. — Copy of the duly completed annual accounts submitted to the Trade Registry in the month following the deadline established by law for submitting the annual accounts to the Trade Registry. — In the case of companies obliged to audit the accounts, a copy of the audit. To assess the Agent’s financial situation, the following minimum criteria will be applied: Capital/Equity: - The Agent’s equity must: not be less than 80% of the authorised and paid-up capital; and Must not be less than 48,080.97 Euros. Short-term solvency: Short-term solvency = Current assets/Short-term debts (current liabilities) A weighting ratio of short-term solvency will be applied, based on the result of comparing Equity with Authorised and paid-up capital. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘B’ Page: 9 of 9 __________________________________________________________________________ To do this, the following table is applied: Equity/ Share Capital >1, 3 1, 2 1, 1 1 0, 9 0, 8 Weighting Ratio 1.10 1.075 1.05 1 0, 95 0.925 The weighting ratio resulting from applying the table is multiplied by the short-term solvency ratio and the result should be 1 or above. Earnings: The Agent must report pre-tax earnings of more than zero. Agent will be able to report annual pre-tax losing within a maximum of 15.000 Euros annually or 20% of its equity If an Agent does not manage to meet one of the criteria described in the sections above, it must provide a bank guarantee. The bank guarantee provided to IATA must be in accordance with the Resolutions in the authorised format for an amount equal to the average forty three days (43) twenty eight (28) days net BSP cash sales of the Agent over the previous 12 months. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 1 of 9 __________________________________________________________________________ PROPOSED LOCAL FINANCIAL CRITERIA TO BE APPLIED FROM THE 1ST OF MAY 2015 1/ Requirements for Accreditation of new Agent A/ Documentation: Provided below is a description of the original documents required to become an Accredited Agent. These documents must not be older than three (3) months from the date of the Agent accreditation application described in the official form. - - - - - - Certified or attested photocopy of the National Identity Document or Foreigners’ Identity Number (NIE) of the joint and several administrator/s, managing director, legal representative/s and director/s of the new Agent. Original criminal record certificate of the joint and several administrator/s, managing director, legal representative/s and director/s of the new Agent. Original, certified or attested certificate from the General Treasury of the Social Security confirming that the new Agent is up-to-date with the payment of Social Security contributions. Limited audit carried out by a member auditor of the Official Registry of Auditors (ROAC) of the accounts of the previous financial year submitted to the Trade Registry, and interim financial statements for the period spanning from the start date of the current financial year to the date of the Agent accreditation application to be assessed in accordance with section B2 below. If the new Agent is a newly formed company without interim financial statements due to its short period in operation, the new Agent must provide the duly checked opening balance sheet. The opening balance sheet will not be subject to any assessment. Certified or attested photocopy of the Company’s formation deed in which the names of the new Agent’s administrator/s and legal representative/s are clearly specified. If the new Agent has had any change in ownership at any time after the formation of the company and prior to the Agent accreditation application, the new Agent must provide a copy of the change in ownership deed or the change in administrator/s, legal representative/s and director/s deed certified or attested by the auditor or a notary. If the administrator/s and director/s of the new Agent are not EU citizens, please provide a certified or attested copy of their Spanish Residence Permit/s, which must be valid for at least four (4) years. Certified or attested photocopy of the new Agent authorisation issued by the autonomous region authorities. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 2 of 9 __________________________________________________________________________ - Agent Certified or attested photocopy of the business tax (IAE) payment receipt. Certified or attested photocopy of the contract (excluding the financial terms) with an accredited Reservation System, or otherwise a letter from the GDS confirming the installation of the system in the Agent’s premises. B/ Financial requirements: B1/ The new Agent is a newly-formed agency (less than (1) year since the formation of the company): The new Agent must provide a bank guarantee for an amount of seventy-five thousand Euros (75,000€). forty thousand Euros (40.000€). B2/ The new Agent is a pre-existing agency (more than (1) year since the formation of the company): IATA will appoint a company specialized in risk and solvency analysis and external to both Travel Agencies and Airlines to perform impartial risk and solvency analyses on the new Agent. The results of the analyses will give a score ranging from zero (0) to ten (10), where ten (10) is the highest score and zero (0) the lowest. Likewise, the external company will perform a creditworthiness analysis and a RAI (Unpaid Receivables Registry) incidents analysis on the new Agent. For the results to be valid the new Agent must have submitted the accounts for the most recent financial year to the Trade Registry by the deadline established by law. If the Agent has been in operation for more than (1) year but has not yet been required to submit its accounts to the Trade Registry, the Agent must provide its limited audited provisional accounts to the external company performing the analyses. Otherwise, the results of the solvency ratio analysis will be considered to be zero (0). The Agent is required to achieve a score of five (5) in the results of each of the analyses performed at the time of applying for accreditation as a new Agent. The new Agent is also required to be given a creditworthiness rated above six thousand (6,000) Euros and to have no incidents in the RAI (Unpaid Receivables Registry). In addition to meeting the evaluation criteria, the new Agent is to provide a bank guarantee for an amount of seventy-five thousand euros (75,000€) forty thousand Euros (40.000€). Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 3 of 9 __________________________________________________________________________ The bank guarantee provided by all new Agents under this section 1 to IATA at the time of accreditation as a new Agent must continue in effect for a period of three (3) years from the date of the form of application to join the BSP as notwithstanding the result of any financial assessment of the Agent required in accordance with section 4 of these financial criteria during that time. 2/ Requirements for Changes in ownership A/ Documentation: Described below are the original documents required by IATA for a change in the ownership of an Agent or in its shareholders (if the change involves a change in the control of the company) to become effective. These documents must not be older than three months from the date of the application for change in ownership authorisation described in the official form. - - - - - Certified or attested photocopy by the auditor of the National Identity Document or Foreigners’ Identity Number (NIE) of the new joint and several administrator/s, managing director, legal representative/s and director/s of the Agent. Original criminal record certificate of the new joint and several administrator/s, managing director, legal representative/s and directors of the Agents. Original, certified or attested certificate from the General Treasury of the Social Security confirming that the Agent is up-to-date with the payment of Social Security contributions. Limited audit carried out by a member auditor of the Official Registry of Auditors (ROAC) of the accounts of the previous financial year submitted to the Trade Registry, and interim financial statements for the period spanning from the start date of the current financial year to the date of the application for the change in ownership authorisation. Certified or attested photocopy of the change in ownership deed in which the names of the new joint and several administrator/s, managing director, legal representative/s and director/s of the Agent are clearly specified. If the new joint and several administrator/s, managing director, legal representative/s and director/s of the travel Agent are not EU citizens, please provide a certified or attested photocopy of their Spanish residence permit/s, which must be valid for at least four (4) years. Certified or attested photocopy of the Agent’s authorisation issued by the autonomous region authorities. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 4 of 9 __________________________________________________________________________ B/ Financial requirements: IATA will appoint a company specialized in risk and solvency analysis and external to both Travel Agencies and Airlines to perform impartial risk and solvency analyses on the Agent. The results of the analyses will give a score ranging from zero (0) to ten (10), where ten (10) is the highest score and zero (0) the lowest. Likewise, the external company will perform a creditworthiness analysis and a RAI (Unpaid Receivables Registry) incidents analysis on the Agent. For the results to be valid the Agent must have submitted the accounts for the most recent financial year to the Trade Registry by the deadline established by law . Otherwise, the result of the risk and solvency analyses will be considered to be zero (0). Likewise, the same zero result will be applied to Agents whose accounts have not yet been required to be submit to the Trade Registry when the analysis is performed because of the short period in which the Agent is in operation. All Agents who have a change in ownership must submit a bank guarantee to IATA in accordance with the Resolutions in the authorized format, for an amount equal to the average twenty three (23) days twenty eight days (28) net BSP cash sales of the Agent over the previous 12 months but which can never be below the minimum value of forty thousand euros (40.000€) seventy-five thousand euros (75,000€). If all the following apply to an Agent with a change in ownership: - - The results of the analysis on the Agent range from five to ten (5-10); The Agent is assigned a creditworthiness rating above sixty thousand (60,000) Euros (if the applicant is an Agent whose average cash turnover to Spain’s BSP in the past twelve months is above 150,000 Euros) or six thousand (6,000) Euros (if the applicant is an Agent whose average cash turnover to Spain’s BSP in the past twelve months is below 150,000 Euros); The Agent does not have incidents in the RAI; then the bank guarantee provided by the Agent to IATA at the time of the change in ownership must continue in effect for a period of one (1) year from the date of the application for a change in ownership notwithstanding the result of any financial assessment of the Agent required in accordance with section 4 of these financial criteria during that time If the results of the analysis differ from those mentioned above, the bank guarantee provided by the Agent to IATA at the time of the change in ownership must continue in effect for a period of two (2) years from the date of the application for a change in ownership notwithstanding the result of any financial assessment of the Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 5 of 9 __________________________________________________________________________ Agent required in accordance with section 4 of these financial criteria during that time. The above-mentioned financial requirements will not apply in the event of a transfer of ownership inter vivos o mortis causa up to the second degree of kinship or affinity by marriage as defined in Articles 915 to 920 of the Civil Code in Spain. This must be supported by document certified by the Civil Registry. 3/ Requirements for Accredited Agents to be reinstated A/ In the event of irregularity/ies in any of the payments to the BSP, giving rise to default by the Agent, the Agent may be reinstated in the system provided that, as well as meeting the requirements provided in the IATA Resolutions, a bank guarantee in the authorised format is provided to IATA calculated as follows: - for an amount equal to the average twenty three (23) days twenty eight days (28) net BSP cash sales of the Agent over the previous 12 months but not less than the amount of forty thousand Euros (40.000€) seventy-five thousand Euros (75.000€) B/ In the event of the Agent falling into technical default as a result of accumulated irregularities, the Agent may be reinstated in the system provided that, as well as meeting the requirements provided in the IATA Resolutions, a bank guarantee in the authorised format is provided to IATA calculated as follows: - for an amount equal to the average twenty three (23) days twenty eight days (28) net BSP cash sales of the Agent over the previous 12 months. In both the above cases, the bank guarantee provided by the Agent to IATA at the time of reinstatement must continue in effect for a period of three (3) years from the date of reinstatement as an Agent notwithstanding the result of any financial assessment of the Agent required in accordance with section 4 of these financial criteria during that time. 4/ Continuity of accredited Agent requirements A/ Agent whose average 23 28 days’ cash sales, taking the past 12 months as a reference, is more than two hundred and sixty seven thousand (267.000) three hundred and twenty five thousand (325.000) Euros on the date the continuity analysis is performed. IATA will appoint two rating companies specialized in risk and solvency analysis and external to both, travel agencies and airlines to perform impartial risk and solvency analyses on the Agent. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 6 of 9 __________________________________________________________________________ Agents are evaluated twice a year by an required to have two impartial risk and solvency analysis analyses conducted on a yearly basis: (a) the first time 46 days after the deadline established by law for submitting the annual accounts duly signed by the administrators; and (b) the second time 46 days after the deadline established by law for depositing the annual accounts at the Trade Registry. The Agent will also have the option to send directly to IATA a rating report prepared by either of the two companies designated by IATA, as chosen by the Agent on a voluntary basis. These reports must be: (a) sent to IATA no later than 45 days after the deadline established by law for submitting the annual accounts duly signed by the administrators or depositing the annual accounts at the Trade Registry, whichever is applicable (the “presentation deadline”), and (b) must not be older than seven (7) days from the presentation deadline. If the voluntary report is sent by the Agent in accordance with the timeframes specified in these criteria, IATA will not request any report and will use the analysis in the report sent by the Agent as a reference. If the Agent’s year-end is not 31 December, the Agent must notify IATA before the closing date of its accounts. For the results of each of the default and insolvency analyses to be valid, the Agent must have submitted the annual accounts duly signed by the administrators or deposited the annual accounts in the Trade Registry within the deadline established by law, whichever is applicable. A1 / If the Agent has not sent a risk and solvency report on a voluntary basis, the report requested by IATA to COMPANY 1 will provide results for which it is established that the Agent is required to achieve a score of six (6) in the results of the default analysis and six (6) in the results of the solvency analysis to be able to operate without needing to provide a bank guarantee to IATA. A2 / If the Agent has sent a risk and solvency report on a voluntary basis forming accordance with the criteria described above, the results provided in the report will depend on the company chosen by the Agent. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 7 of 9 __________________________________________________________________________ A2.1/ If the chosen company by the Agent is COMPANY 1: The Agent is required to achieve a score of six (6) in the results of the risk analysis and six (6) in the results of the solvency analysis to be able to operate without needing to provide a bank guarantee to IATA. A2.1/ If the chosen company by the Agent is COMPANY 2: It is established that the Agent is required to achieve a score of eleven (11) in the results of the analysis to be able to operate without needing to provide a bank guarantee to IATA. Should any of the results of the risk and insolvency analyses not meet the scores described above; the Agent will be required to provide a bank guarantee to IATA that must be in accordance with the Resolutions in the authorised format, a bank guarantee for an amount determined by the following percentages, in relation to results obtained: COMPANY 1: - If the minimum valuation obtained is 5, either in the default analysis, solvency analysis or in both, the agent will have to present a bank guarantee for 40% 30% of the average cash sales for 28 23 days, taking into account the last 12 months. - If the minimum valuation obtained is 4, either in the default analysis, solvency analysis or in both, the agent will have to present a bank guarantee for 75% 65% of the average cash sales for 28 23 days, taking into account the last 12 months. - If the minimum valuation obtained is 3 or lower, either in the default analysis, solvency analysis or in both, the agent will have to present a bank guarantee for 100 % of the average cash sales for 28 23 days, taking into account the last 12 months. COMPANY 2: - If the valuation obtained is 10, the agent will have to present a bank guarantee for 40% 30% of the average cash sales for 28 23 days, taking into account the last 12 months. - If the valuation obtained is 9, the agent will have to present a bank guarantee for 75% 65% of the average cash sales for 28 23 days, taking into account the last 12 months. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 8 of 9 __________________________________________________________________________ - If the valuation obtained is 8 or lower, the agent will have to present a bank guarantee for 100 % of the average cash sales for 28 23 days, taking into account the last 12 months. B/ Agent whose average 28 23 days cash sales, taking the past 12 months as a reference, is below three hundred and twenty five thousand (325.000) two hundred and sixty seven thousand (267.000) Euros on the date the continuity analysis is performed. Agents are to provide the following financial documents on a yearly basis: — Copy of the annual accounts prepared and duly signed by the administrators in the month following the deadline established by law for preparing the accounts. — Copy of the duly completed annual accounts submitted to the Trade Registry in the month following the deadline established by law for submitting the annual accounts to the Trade Registry. — In the case of companies obliged to audit the accounts, a copy of the audit. To assess the Agent’s financial situation, the following minimum criteria will be applied: Capital/Equity: The Agent’s equity must: - not be less than 80% of the authorised and paid-up capital; and Must not be less than 48,080.97 Euros. Short-term solvency: Short-term solvency = Current assets/Short-term debts (current liabilities) A weighting ratio of short-term solvency will be applied, based on the result of comparing Equity with Authorised and paid-up capital. Agenda Item: R28 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘C’ Page: 9 of 9 __________________________________________________________________________ To do this, the following table is applied: Equity/ Share Capital >1, 3 1, 2 1, 1 1 0, 9 0, 8 Weighting Ratio 1.10 1.075 1.05 1 0, 95 0.925 The weighting ratio resulting from applying the table is multiplied by the short-term solvency ratio and the result should be 1 or above. Earnings: The Agent must report pre-tax earnings of more than zero. Agent will be able to report annual pre-tax losing within a maximum of 15.000 Euros annually or 20% of its equity. If an Agent does not manage to meet one of the criteria described in the sections above, it must provide a bank guarantee. The bank guarantee provided to IATA must be in accordance with the Resolutions in the authorised format for an amount equal to the average twenty eight (28) twenty three (23) days net BSP cash sales of the Agent over the previous 12 months. Agenda Item: R29 Revision No.: 0 Date: 28 Aug 13 Page: 1 of 1 __________________________________________________________________________ REMITTANCE FREQUENCY Submitted by IATA Legal Services Whereas Resolution 818g, Section 1.1.2.3 deals with circumstances where an APJC is unable to achieve a recommendation to Conference, recent misunderstandings and confusion have arisen with various markets looking to revise their local financial criteria and/or Remittance frequency. To assist with the avoidance of such confusion, it is proposed to include the changes detailed below. 1. Amend Resolution 818g as follows: 1.1.2.3 in the event that no recommendation on changes to financial criteria Local Financial Criteria, Remittance Frequency, or other matters within the terms of reference of an APJC can be achieved after consultation at an APJC within 24 months or 4 consecutive meetings (whichever represents the shorter period of time), any APJC member or group of members may make proposals directly to the Passenger Agency Conference. 2. Incorporate the following new Definition in Resolution 866: REMITTANCE FREQUENCY means the time elapsed between Remittance Dates established by the Conference. Proposed Action PSG/83 endorsed the above proposal to PAConf. Conference is asked to adopt the changes shown in (1) and (2) above and consequential editorial amendments as shown in Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R29 0 28 Aug 13 ‘A’ 1 of 2 _____________________________________________________________________ RESOLUTION 818g Attachment ‘A’ 1.6.2 Frequency of Remittance 1.6.2.1(a) if the Remittance fFrequency so established is monthly, Remittances shall reach the Clearing Bank not later than its close of business on the date established by the Conference. This date shall not be earlier than the tenth nor later than the fifteenth day of the month following the month covered by the Billing, AND 1.6.2.1(b) Whereso agreed by the PAConf if the Remittance fFrequency so established is monthly, Remittances shall reach the Clearing Bank on the date established by the Conference which shall not be earlier than the tenth nor later than the fifteenth day of the month following the month covered by the Billing; provided that the method of payment used assures that the funds are in the Clearing Bank in time for the Remittance to be made into the BSP Airlines' account on the date so established; 1.6.2.1(c) if the Remittance fFrequency so established is twice monthly, Remittances shall be made so as to reach the Clearing Bank not later than its close of business on the last day of the month in respect of Billings covering the first 15 days of the month and the 15th day of the following month, in respect of Billings covering the period from the 16th to the last day of the month. The Conference may adjust the period within which Remittances are required to reach the Clearing Bank by not more than five calendar days to meet the special requirements which shall be demonstrated of a particular BSP or BSP Airline; 1.6.2.1(d) if the Remittance fFrequency so established or so elected pursuant to Subparagraph 1.6.2.1(a) is greater than twice monthly, Remittances shall be made by the Agent so as to reach the Clearing Bank not later than its close of business on the fifth day following the Reporting Dates so determined or by such date where agreed by the Conference for application in a specific market; any transactions not processed in previous reporting periods, will be included in the final billing; …. Agenda Item: Revision No.: Date: Attachment: Page: R29 0 28 Aug 13 ‘A’ 2 of 2 _____________________________________________________________________ 1.6.2.1(g) The Conference acknowledges that a BSP Airline may establish an individualized frequency of Remittance subject to (i) bilateral agreement with an Agent, or (ii) applicable law, which shall be distinct from the Remittance fFrequency set by the Conference. An individual frequency of Remittance shall be subject to all terms and conditions contained in this Resolution including, for the avoidance of doubt, Section 1.7 and Section 1.10. In the event of an overdue or dishonored Remittance under an individualized frequency, the Agent shall be subject to a Notice of Irregularity and, where appropriate, Default Action. Attachment ‘C’ SECTION 1.6 SETTLEMENT—THE REMITTANCE DATE BELGIUM, FRANCE, LUXEMBOURG AND THE NETHERLANDS and such other countries as agreed by the PAConf where agreed if the rRemittance fFrequency so established is monthly, remittances shall reach the Clearing Bank on the date established by the Conference which shall not be earlier than the tenth nor later than the fifteenth day of the month following the month covered by the Billing; provided that the method of payment used assures that the funds are in the Clearing Bank in time for the remittance to be made into the BSP Airlines' account on the date so established; JORDAN ONLY if the rRemittance fFrequency so established is twice monthly, Remittances shall be made so as to reach the Clearing Bank not later than its close of business on the last day of the month in respect of Billings covering the first 15 days of the month and the 15th day of the following month, in respect of Billings covering the period from the 16th to the last day of the month; provided that the method of payment used assures that the funds are in the Clearing Bank for good value on the day of remittance in time for the settlement to be made into the BSP Airlines' account on the date so established locally; Agenda Item: Revision No.: Date: Page: R30 0 28 Aug 13 1 of 3 _____________________________________________________________________ CUSTOMER CONTACT INFORMATION Submitted by IATA Simplifying the Business Background Carriers are facing major challenges when need to inform passengers of flight cancellations or delays, schedule changes, gate changes due to missing, incomplete or incorrect contact information in the PNR. As a result, customer experience is damaged and the reoccurrence of disruption events creates a series of issues affecting not only airlines, but airport operators and travel agents as well. Passengers on the other hand suffer from uncertainty, stress and frustration associated with irregular airline operations. To be able to deliver excellent customer service airlines need to have relevant contact details available to reach the passenger (mobile phone and email), including when the passenger has already commenced the trip. This will enable proactive and real-time messages; it will also allow the passenger to request relevant real-time information when needed. The advantages of pro-active customer notification will benefit all in the industry value chain: • • • • For Passengers o Increased levels of passenger experience o Proactive notification about cancellations, delays, schedule changes, gate changes and ability to receive advance rebooking alternatives For Agents o Improved customer care and satisfaction For Airlines o Less recovery (care and assistance) costs o More efficient process in the airline back-offices, especially at the hubs to perform rebooking activities, improved revenue management and load factors For Airports o Reduced congestion in times of disruption in the terminal building and better managed passenger flows o Improved passenger experience in the terminal Agenda Item: Revision No.: Date: Page: R30 0 28 Aug 13 2 of 3 _____________________________________________________________________ State of the industry Member Airlines at IATA’s 69th Annual General Meeting unanimously endorsed a set of common principles calling on governments to develop consumer protection regulation that, among others, ensure passenger access to regular situational updates in the case of service disruptions. Additionally, regulators are already introducing legislation making it obligatory to inform the passenger of flight disruptions or cancellations (e.g. US DoT Airline Passenger Protections, EC Reg.261) Recent passenger survey carried out by IATA shows that: • • Nearly all air travellers (98%) find proactive notifications a good idea in case of flight disruptions 68% of air travellers would prefer to obtain information from the airline they are flying with in case of a travel disruption IATA’s Reservation Working Group (RESWG) created a dedicated SSR element for contact information, with specific format for mobile phone number and email address. This will provide travel agents, GDSs and airlines with a common industry standard for creating a record of the customer contact information in the PNR, ensuring it is transmitted in the same format and is visible to all. IATA’s Reservations Committee (RESCOM) endorsed the SSR and the revised RP 1770 Code of Reservations Ethics to Conference. Issues Providing customer contacts are already stipulated in Passenger Agency Conference Resolution 830d, however the current provisions (adopted on 23 Dec 1983) need to be modernised. Proposal The proposal is stemmed from airline’s desire to better support passengers and it is not intended to use contact information data for marketing purposes. Agenda Item: Revision No.: Date: Page: R30 0 28 Aug 13 3 of 3 _____________________________________________________________________ Travel agents are encouraged provide contact details on behalf of the passenger by entering in the Passenger Name Record (PNR) the passenger’s mobile phone number and email address, while maintaining compliance with all applicable data protection directives and regulations. The contact details should be entered in the PNR in compliance with the Resolutions governing reservations procedures, using the dedicated SSR element for contact information. Airlines shall use these contact details exclusively for the purpose of passenger notification in the event of flight cancellation or delay in departure, gate changes, and schedule changes and not for marketing purposes. While the passenger provides contact details on a voluntary basis, in the event the passenger exercises their right not to provide contact details it is incumbent on the travel agent to indicate that the passenger has declined such details, and to enter the refusal in the PNR in order to limit any statutory liability. In such a case no information relating to flight cancellation or delay in departure, gate changes, and schedule changes will not be notified to the passenger. The travel agent can elect not to provide the passenger’s contact details and to fulfil passenger notification on its own behalf which would include the assumption of any liability for failure to notify the passenger. Proposed Action Conference is requested to approve the Resolution amendments shown at Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: R30 0 28 Aug 13 ‘A’ 1 of 2 _____________________________________________________________________ Amend Resolution 830d as shown below: RESOLUTION 830d RESERVATIONS PROCEDURES FOR AUTOMATED ACCREDITED AGENTS 1. when an Accredited Agent (hereinafter ‘Agent’) is effecting a booking through an connected to a Member’s automated reservations system, the Agent is acting on behalf of the Member(s) or BSP Airline (s) in using that system and, therefore, shall adhere to the appropriate reservations procedures contained in IATA Resolutions. These procedures shall be provided by the Member(s) or BSP Airline (s) to the Agent. 2. the Agent shall request or sell airline space and/or associated services of a passenger handling nature only when the Agent has a request to do so from a customer. The Agent shall make such transaction in accordance with his system provider agreement. 3. the Agent shall ensure that the reservations booking designator used in booking space corresponds to the applicable fare quoted to the customer. 4. To be able to advise passengers of irregular flight operations and disruptions Members and BSP Airlines need to have sufficient contact details available to proactively contact the passengers. Additionally, regulators are introducing legislation making it obligatory to inform the passenger of flight cancellation or schedule changes (including delay in departure). Consequently the Agent shall provide contact details on behalf of the passenger by entering in the Passenger Name Record (PNR) the passenger’s mobile phone number and email address, while maintaining compliance with all applicable data protection directives and regulations. Contact details should be entered in the PNR in compliance with the Resolutions governing reservations procedures. Members and BSP Airlines shall use these contact details exclusively for the purpose of passenger notification in the event of flight cancellation or schedule changes (including delay in departure) and shall not use the contact details for marketing purposes. In the event the passenger exercises his or her right not to provide contact details it is incumbent on the Agent to indicate that the passenger has declined to provide such details, and to enter the refusal in the PNR to limit any statutory liability. In such a case, the passenger shall not be provided information relating to flight cancellation or schedule changes (including delay in departure). Agenda Item: Revision No.: Date: Attachment: Page: R30 0 28 Aug 13 ‘A’ 2 of 2 _____________________________________________________________________ Should the Agent elect not to provide the passenger’s contact details and to fulfil passenger notification of flight cancellation or scheduled changes (including delay in departure) on its own behalf, the Agent shall have assumed any and all liability for any failure to notify the passenger. Members must have the passenger’s contact in the event there are any operational difficulties or it is either too late or not practical to advise the Agent. For this reason, in addition to its own telephone contact, the booking Agent shall enter in the Passenger Name Record (PNR) the customer’s home and/or business telephone contact whenever available. 5. the Agent shall notify the customer of the reservations status of all segments and associated services and of any changes thereto. 6. all reservations for a specific itinerary and changes thereto shall, whenever possible, be processed through one Member. When this is not possible, the Agent shall inform each Member involved that the reservation is in connection with an itinerary. 7. the Agent shall ensure that the ticket will be issued in accordance with the reservations status of each segment and in accordance with the applicable ticketing time limit. 8. the Agent shall be solely liable for the consequences of its failure to comply with any Resolution governing reservations. Agenda Item: R31 Revision No.: 0 Date: 28 Aug 13 Page: 1 of 1 __________________________________________________________________________ CHANGE IN REMITTANCE FREQUENCY – BSP ROMANIA AND MOLDOVA Submitted by APJC Romania & Moldova Background APJC Romania and Moldova met on 18 June 2013 and reviewed a recommendation from the FAG for the introduction of Voluntary More Frequent Remittance scheme for the market, for introduction as soon as possible. The APJC unanimously voted in favour of this proposal. The APJC also considered moving the market to weekly remittance and unanimously voted in favour of the following proposal: - Recommendation for weekly remittance for new applicants and for reinstated agents after default, effective 01 JUN 2014 - Weekly remittance for the whole market starting with 01 DEC 2015. The billing/reporting period will cover 7 days and the amount due will be paid after 15 days counting after the closure of the reporting period. Proposed Action Conference is asked to approve: • • The introduction of a VMFR scheme for BSP Romania and Moldova The move to weekly remittance for new/reinstated agents effective 1 June 2014 and the whole market effective 1 December 2015 Agenda Item: R32 Revision No.: 0 Date: 28 Aug 13 Page: 1 of 2 _____________________________________________________________________________ INSTRUCTIONS TO AGENTS IN THE EVENT OF AIRLINE SUSPENSION Submitted by ECTAA Re: RE: Changes to Resolution 850 Attachment F on instructions to agents in the event of airline suspension from BSP Following the discussion in PAPGJC/18 regarding amendments to Resolution 866 and Resolution 850 Attachment F § 2.b.iv.b that where adopted by PAConf/35, we would like to revert back to you with the following proposal. I. Background PAConf/35 adopted amendments to Resolution 866 and Resolution 850 Attachment F § 2.b.iv.b effective from 1 January 2013, providing that when agents are requested to settle outstanding billings directly with a suspended airline, remittance to BSP should not take into account any refund actually or potentially owing by such airline. These amendments were discussed at length during PAPGJC/17, in particular concerning the possibility for IATA to require agents not to deduct from the amount remitted to BSP refunds filed in BSP before the airline was suspended from BSP. The minutes of PAPGJC/17 reflect the following: M/110 “Lengthy discussion ensued during which several agent and airline representatives considered that refunds filed through BSP before an airline was suspended from BSP should be processed normally in BSP. An agent representative asked whether the item could be withdrawn until certain issues had been clarified and considering that the proposal was not in line with the views expressed by airline and agent representatives in the PAPGJC.” ECTAA further notes that during the PAPGJC/17 of 14 October, ECTAA asked IATA to clarify if agents will be able to deduct from the BSP billing refunds reported to BSP before the airline was suspended. IATA suggested that agents may not deduct from the BSP billing refunds reported before the airline was suspended, on the basis that agents hold the airline’s monies in trust. Both agent representatives and some airline representatives in the PAPGJC indicated that refunds reported before an airline was suspended should be deductible from the BSP billing. Agenda Item: R32 Revision No.: 0 Date: 28 Aug 13 Page: 2 of 2 _____________________________________________________________________________ The discussions in PAPGJC were supposed to be reported to PAConf, but the report in the minutes of PAConf/35 is as follows: M/187 “The Chairman advised that the agent representatives had expressed concern about this item, but given the circumstances that had prompted this proposal, it should not come as any surprise.” PAConf adopted the amendments on this basis. ECTAA and GEBTA consider that the concerns raised during PAPGJC/17 have not been given sufficient consideration by PAConf. The rules applicable to refunds filed in BSP before an airline is suspended from BSP must be reconsidered, with due regard to growing concerns about BSP efficiency in case of airline failure and to principles of law. I I. Agents’ concerns with the new wording The issue at stake is the possibility for IATA to require agents not to deduct from the amount remitted to BSP refunds initiated before the date when the airline was suspended. This poses an unjustified risk on the Agents’ financial planning, and renders the safeguards of the BSP system obsolete. Agents consider that the very purpose of the BSP suspension procedure is to protect trading partners by suspending an airline in financial difficulties. The suspension date hence serves as a termination date for normal trading, proving legal certainty for transactions carried out before that date. Consequently, Agents should be able to adjust the BSP billing at the end of the period during which the airline is suspended, with refunds initiated before the airline was suspended. Such refunds are money legitimately owed to customers that have not travelled. III. ECTAA’ s Proposal To correct the current situation, ECTAA respectfully proposes to Conference to endorse an amendment to New Resolution 850 Attachment F § 2.b.iv.b, repealing the amendment introduced on 1 January 2013 and re-introducing prior wording, as shown at Attachment ‘A’. Agenda Item: R32 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘A’ Page: 1 of 1 _____________________________________________________________________________ Proposed amendment to Resolution 850 Attachment F § 2.b.iv.b (iv) to settle all outstanding billings Outstanding Billings and pending sales either: (a) directly with IATA for control and reconciliation of the airline's funds as detailed in paragraph 2(c), or (b) directly with the BSP Airline concerned, in which case the total amount to be remitted to the Clearing Bank at the end of the current reporting period in respect of any Outstanding Billing shall be adjusted by excluding the total amount due to or from the BSP Airline; for greater certainty, the remittance of all Outstanding Billings should not take taking into account any potential refund actually or potentially owing by such BSP Airline; Agenda Item: Revision No.: Date: Page: RZ1 0 28 Aug 13 1 of 1 _____________________________________________________________________ MINOR ERROR RULE – ARGENTINA, PARAGUAY AND URUGUAY Submitted by APJC Argentina/Uruguay/Paraguay APJC Meeting summary • • • • APJC Meeting No. 4 for Argentina, Uruguay and Paraguay was held on May 15th, 2013. Quorum was reached with attendance of 13 delegates representing 7 airlines and 6 travel agent’s associations. The present proposal, presented by AAAVYT (Travel Agent’s Association from Argentina) was unanimously approved by agents and airlines’ delegates. The purpose of the proposal is to increase the current number of Minor Errors allowed currently one (1) – in the terms stated in the Travel Agent’s Handbook Section 3. Summary of changes proposed As registered in the Minutes of the meeting, the following proposal was unanimously approved: • Three (3) minor errors will be allowed to each BSP Agent in Argentina, Paraguay and Uruguay, in a twelve (12) month period. • Minor error rule definition remains the same as stated in the Travel Agent Handbook – Section 3 – Local Criteria, copied as follows for a quick reference: Minor Error Rule – An Agent shall be subject to two instances of irregularity following a short payment and/or late payment (pursuant to Resolution 818g), however, the financial criteria requirement to submit a financial guarantee will be waived three times, in a twelve month period, whenever the Agent demonstrates satisfactory evidence from the bank, that total amount due was available in Agent’s bank account on the date of remittance and the amount due was paid within the demand period. Proposed Action Conference is requested to endorse the above proposal to be applied to Argentina, Paraguay and Uruguay Agents, as from next January 1st 2014. Agenda Item: Revision No.: Date: Page: RZ2 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – ARGENTINA Submitted by APJC Argentina/Paraguay/Uruguay Background On May 15th, 2013 the 4th meeting of the APJC for Argentina, Paraguay and Uruguay held a meeting to review local financial criteria applicable for those countries. Problem/Issues 1. This meeting addressed the need to review the Argentinean local financial criteria in order to ensure that the criteria were fit for purposes in order to evaluate not only incorporated and limited legal entities but also other types of legal business. 2. The current local criteria is restricted only to the evaluation of the legal entities mentioned above without considering “Sole Ownerships” or “Partnerships. 3. Under Argentinean law, those legal entities do not have an obligation to submit a balance sheet. Proposal PAConf is requested to endorse the revised criteria for Argentina approved in the last APJC meeting held on 15 May 2013 as shown at Attachment ‘A’ for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 1 of 9 _____________________________________________________________________ ARGENTINA 1 - EXISTING CRITERIA TO BE REPLACED: Argentina Audited up-to-date balance sheet certified by chartered accountant whose signature must be certified by the Professional Board, including a Profit and Loss Statement. Minimum tangible net worth required of Approved Agents will be equivalent to the minimum amount shown per sales volume bracket in the table below. The sales volume calculation is based on Agent's own average cash sales for a period of three weeks. Tangible net worth shall be supported only by real estate of equivalent value registered in the name of the owner (sole ownership/partnerships) or the legal entity (corporations) otherwise an insurance bond or bank guarantee will be requested. Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 2 of 9 _____________________________________________________________________ Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 3 of 7 _____________________________________________________________________ 2 – NEW CRITERIA APPROVED BY APJC TO BE SENT TO PACONF: Argentina Financial Criteria for Agent Evaluation General Rule I. Accredited agents must comply with financial assessment criteria approved for the corresponding country. These criteria will be revised by local APJC on an annual basis. In order to be evaluated, every accredited agent must present the documentation described in Section I. The agent must also fulfill the Minimum Tangible Net Worth (MTNW) requirements through the ownership of real estate or the provision of financial guarantees (bank guarantees or insurance bonds), as defined in Section III. In case of initial accreditation and during a two-year term, the only accepted mechanism for the fulfillment of the MTNW requisites will be the provision of financial guarantee (bank guarantees or insurance bonds). After the second year of accreditation, the agent will have the option either to maintain its financial guarantee or to present real estate of its ownership at the aim of fulfilling the MTNW requisites, under the terms defined in Section III. Documentation to be submitted according to society type 1.1. Partnership and sole proprietorship Agencies presenting real estate registered under the name of the agency’s owner or owners: Agency owner or owners’ assets declaration, certified by a Public Accountant. Accountant’s signature must be certified by the College or Council in which he/she is registered. Ownership certificate of each real estate presented by the agency’s owner or owners. Validity of the certificate will be 30 days. Each real estate submitted must be free of any encumbrance (garnishment, mortgage, usufruct, etc.) and fully available by its owner. Agency owner or owners’ certificate of non-encumbrance. Validity of the certificate will be 30 days. Two assessments done by nearby real estate agencies or public auctioneer, showing the estimated market value of the real estate presented as guarantee. In case of conjugal shared possessions, where the spouse is not a partner to the agency society, a “Fianza Solidaria” granting the agency’s operations must be submitted. This document must be signed by the spouse and certified by Public Notary. A model of “Fianza Solidaria” must be requested. Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 4 of 9 _____________________________________________________________________ Agencies not owning real estate registered under the name of the agency’s owner: Agency owner or owners’ assets declaration, certified by a Public Accountant. Accountant’s signature must be certified by the College or Council in which he/she is registered. 1.2. Corporations and Limited Companies Agencies presenting real estate registered under company name: Complete audited up-to-date Financial Statements (Balance Sheet, Profit & Loss Statement, Notes and Annexes). Accountant’s signature must be certified by the College or Council in which he/she is registered. Ownership certificate of each real estate owned by the agency. Validity of the certificate will be 30 days. Each real estate submitted must be free of any encumbrance (garnishment, mortgage, usufruct, etc.) and fully available by its owner. Agency owner or owners’ certificate of non-encumbrance. Validity of the certificate will be 30 days. Two assessments done by nearby real estate agencies or public auctioneer, showing the estimated market value of the real estate presented as guarantee. Agencies not owning registered real estate: II. Complete audited up-to-date Financial Statements (Balance Sheet, Profit & Loss Statement, Notes and Annexes). Accountant’s signature must be certified by the College or Council in which he/she is registered. Conditions for the analysis of Financial Statements presented by the Agent Maximum validity of Financial Statements presented by agents will be 8 months as from closing date. Presentation Calendar is shown in the table below: Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 5 of 9 _____________________________________________________________________ The Calendar above contains dates which will be adjusted subject to week-ends and local holiday. The agent must follow these deadlines in order to comply with the Financial Statements presentation and evaluation requisites within the 8-month term mentioned above. The Financial Statement assessment will be based on the calculation of the Financial Indicators and the achievement of the score described below: The maximum score to be obtained as a result of the application of the 4 financial indicators will be 40 points. In order to achieve a satisfactory evaluation, the minimum acceptable score will be 22 points. Formula and score applicable to Financial Indicators: Liquidity = Current Assets / Current Liabilities Above 1.99 1.50 – 1.99 1.25 – 1.49 1.00 – 1.24 0.96 – 0.99 0.91 – 0.95 0.86 – 0.90 Below 0.85 14 points 12 points 10 points 8 points 6 points 4 points 2 points 0 points Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 6 of 9 _____________________________________________________________________ Collection Term Average = (Receivables / Sales) * 365 Below 15 days 7 points 15 - 16 days 6 points 17 – 18 days 5 points 19 – 20 days 4 points 21 – 23 days 3 points 24 – 26 days 2 points 27 – 29 days 1 points Above 30 days 0 points Debt = Total Liabilities / Total Assets Below 0.4 14 points 0.4 – 0.59 12 points 0.6 – 0.89 10 points 0.9 – 0.99 8 points 1.0 – 1.19 6 points 1.2 – 1.34 4 points 1.35 – 1.49 2 points Above 1.5 0 points Cash Flow = After-tax earnings / Long-term Debt 0.20 5 points 0.18 4 points 0.15 3 points 0.13 2 points 0.10 1 points 0.09 0 points Definitions: Current Assets: Receivables from related companies, shareholders, employees, directors, partners as well as cash and fix-term deposits in escrow must be excluded. Current Liabilities: It must include the current portion of long-term debt. Total Sales: The amount must appear specifically in the Financial Statements. And correspond to gross sales obtained in the period including (but not limited to) ticket sales, packages, hotels, car rental, insurances, miscellaneous, etc. Long-term Liabilities: It comprises all third parties long-term debt. Loans to shareholders or proprietors must be excluded. Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 7 of 9 _____________________________________________________________________ Receivables: It must be shown as a breakdown of commercial receivables, fees, commissions, related companies receivables and advances granted to suppliers. Bad debt must be excluded. Earnings after taxes: Extraordinary earnings must be excluded. Total Assets: Intangible assets must be included. Total Liabilities: It includes current liabilities and third parties loans. Loans granted to shareholders or owners must be excluded. It must include related companies liabilities less the corresponding subordinated tranche (receivable). III. Financial requirements: Minimum Tangible Net Worth Minimum Tangible Net Worth (MTNW) for Accredited Agents will be the amount stated in column “MTNW” on the table presented below. In order to determine the applicable MTNW, it is necessary to estimate the Agent’s 3-week cash sales amount, which are calculated based on the last 12 months cash sales average. In order to guarantee the MTNW determined, the Agent must be owner of: (i) (ii) In case of sole proprietorship or partnership: real estate for an equivalent amount, registered under the name of the partner or partners; In case of legal entity (SRL or SA): real estate for an equivalent amount, registered under the name of that legal entity (SRL or SA). In case of not being owner of real estate, a bank guarantee or an insurance bond for an amount equivalent to the MTNW value must be submitted. The list of accepted providers for these guarantees will be delivered by IATA. Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 8 of 9 _____________________________________________________________________ Agenda Item: Revision No.: Date: Attachment: Page: RZ2 0 28 Aug 13 ‘A’ 9 of 9 _____________________________________________________________________ Agent accreditation and initial 2-year period Upon accreditation, every agent must present a financial guarantee (bank guarantee or insurance bond) for an amount equivalent to USD 30.000, in order to constitute its initial MTNW. As from then and on a four-month basis, IATA will recalculate the 3-week cash sales average done by the agent and, in case an increase is registered, a guarantee increment equal to or higher than USD 10.000 will be requested. During the first 2 years of accreditation, the provision of a financial guarantee according to the terms described above will be mandatory for the agent. In the case of a new agency constituted as a branch of a previously accredited one, the sales average of the new branch will be added to those of its headquarters at the aim of calculating the financial guarantee requested. Agents with more than 2 year of accreditation Upon 2 years of accreditation and in case of having achieved a satisfactory result in the financial evaluation performed on the Financial Statements presented, the agent must decide whether to continue to provide a financial guarantee under the terms above described or to constitute its MTNW through the presentation of real estate of its ownership, as established above. The MTNW amount will continue to be revised on a four-month basis through the recalculation of the 3-week cash sales average done by the agent during the previous 12-month period. In case an increase is detected, an increment in the corresponding guarantee equal to or higher than USD 10.000 will be requested . Unsatisfactory result in the financial evaluation In case of obtaining an unsatisfactory result in the evaluation performed to the Financial Statements presented (score below 22 points), the USD 800.000 cap established in the MTNW table shown in this Section will not apply and the agent will have to provide a financial guarantee (bank guarantee or insurance bond) for the corresponding total 3-week cash sales average. Agenda Item: Revision No.: Date: Page: RZ3 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – BANGLADESH Submitted by APJC Bangladesh Background The existing Local Financial Criteria in Bangladesh are not fit for purpose. APJC Bangladesh held a meeting on 30 May 2013 and reviewed the Local Financial Criteria against the guideline criteria in Resolution 800f. The APJC unanimously agreed to adopt the r800f guideline criteria, with a few local factors. A copy of the new criteria is shown at Attachment ‘A’. Proposed Action Conference to adopt the revised Local Financial Criteria for Bangladesh as shown at Attachment ‘A’ for 1 January 2014 implementation. Agenda Item: Revision No.: Date: Attachment: Page: RZ3 0 28 Aug 13 ‘A’ 1 of 4 _____________________________________________________________________ Amend Local Financial Criteria for Bangladesh as shown below: 1. Finances 1.1 The applicant must provide a certified and audited Balance Sheet and Profit and Loss account not more than six months old at the time of submission. 1.2 The applicant must: 1.2(a) have conducted travel agent business for at least six (06) months prior to the date of application. 1.2(b) meet the criteria as published under Resolution 800f, Section 4. 1.2(c) submit a minimum bank guarantee of BDT 3 million or equal to 35 days’ average turnover, whichever is higher. 1. GENERAL RULE 1.1. Audited Accounts means accounts reviewed by an auditor recognized as competent by the regulatory authority to perform an audit that are provided to IATA 2. CRITERIA FOR EVALUATION OF AGENTS’ ACCOUNTS 2.1. All financial information used in the financial criteria will be extracted from the Agent’s Audited Accounts. 2.2. The following financial tests apply to the evaluation of an Agent’s Audited Accounts: 2.2.1. There must be positive Net Equity 2.2.2. Net Equity divided by long-term debt and other long-term liabilities must be greater than 0.5. 2.2.3. EBITDA (Earnings Before Interest, Taxation, Depreciation, Amortisation and extraordinary items) must be positive save in exceptional circumstances 2.2.4. The EBITDA must exceed the Interest Payable by a factor of a minimum of two 2.2.5. Adjusted Current Assets must exceed Current Liabilities. Agenda Item: Revision No.: Date: Attachment: Page: RZ3 0 28 Aug 13 ‘A’ 2 of 4 _____________________________________________________________________ 3. ANNUAL FINANCIAL REVIEWS 3.1. All Agents must provide Audited Accounts no later than 12 months after each financial year end, of that Agent for the purposes of evaluation against the financial tests in section 2 4. INTERIM FINANCIAL REVIEWS 4.1. For any Financial Review conducted for cause at a time other than in respect of an Agent’s financial year end, IATA may conduct a Financial Review in accordance with section 3 as applicable to that Agent by reviewing the internal monthly management accounts of the Agent showing the results for each month since the last accounting date, the cumulative results to date and the latest balance sheet. 5. FINANCIAL SECURITY 5.1. 5.2. 5.3. 5.4. 5.5. 5.6. An Agent will not be accredited or will not continue to be accredited until any Financial Security required to be provided to IATA has been received by IATA and confirmed to IATA by way of written confirmation received directly from the third party supporting the Financial Security that the Financial Security was issued by that third party and is valid. Financial Securities will be subject to a minimum notice period of ninety (90) days and be valid for a minimum of at least one year. All Agents must provide a Financial Security with a minimum amount of BDT Three Million to be accredited or to remain accredited or Furnish a Financial Security for a minimum amount calculated on the basis of the average BSP cash sales over last 12 months, for the number of Days Sales at Risk, whichever is higher. “Days Sales at Risk” means the number of days from the beginning of the Agent’s reporting period to the remittance date in respect of that reporting period or periods, plus a margin of up to five days. At any point in time, if the existing Financial Security is insufficient to cover the Amount at Risk, the amount of the Financial Security required will be increased to cover the Amount at Risk. Agenda Item: Revision No.: Date: Attachment: Page: RZ3 0 28 Aug 13 ‘A’ 3 of 4 _____________________________________________________________________ 5.7. Amount at Risk is calculated by dividing the Day’s Sales at Risk by 365 and applying that percentage to the BSP cash turnover, or cash turnover as applicable: “Amount at Risk” = (Days Sales at Risk/365) x BSP cash turnover last 12 month period . 6. SIGNIFICANT CHANGE IN GROSS BSP SALES 6.1. A significant change means any change in the business of the Agent which results in a change in gross BSP sales of more than 10% as compared to the previous 12 months. A change can be an increase or a decrease in gross BSP sales. 6.2. An interim Financial Review may also be initiated by IATA where IATA becomes aware of a significant change in gross BSP sales in accordance with Section 4. 7. DEFINITIONS OF TERMS USED IN THESE GUIDELINES 7.1. 7.2. 7.3. 7.4. 7.5. Adjusted Current Assets – are defined as Current Assets as in the Balance Sheet of the Accounts after deducting: - Stocks and work in progress. - Deposits given to third parties other than IATA, - Loans to Directors, Associate Companies, (including any subsidiary, associate or company under common ownership) - Doubtful debtors, - Blocked funds, except for funds held in favour of IATA. Current Liabilities - are defined as Current Liabilities as in the Balance Sheet of the Accounts EBITDA – Earnings Before Interest, Taxation, Depreciation and Amortisation Financial Irregularity means an irregularity applied as a result of any failure to adhere to the reporting and remittance procedures described in Resolution 818g Attachment “A” including but not limited to those irregularities described in Resolution 818g Attachment “A”. Financial Review means a review of an Agent’s financial position or the calculation of the amount of Financial Security required in accordance with this Resolution 800f, or both. Agenda Item: Revision No.: Date: Attachment: Page: RZ3 0 28 Aug 13 ‘A’ 4 of 4 _____________________________________________________________________ 7.6. 7.7. 7.8. 7.9. 7.10. Irregularity means any irregularity applied under the Passenger Sales Agency Rules for non-compliance with those Rules including but not limited to Financial Irregularities. Net Equity or Shareholders’/Owners’ Funds – consists of: - Share capital - Share premium - Retained earnings - Other distributable reserves - Shareholder’s loans if subordinated less declared dividends: Long Term Debt – All debt liabilities where repayment is due more than twelve months after the end of the financial period. Long Term Liabilities – all liabilities where repayment is due more than twelve months after the end of the financial period. Review means any assessment or evaluation of an Agent’s continuing compliance with the Passenger Sales Agency Rules. Agenda Item: Revision No.: Date: Page: RZ4 0 28 Aug 13 1 of 2 _____________________________________________________________________ CHANGE TO REPORTING CALENDAR – BOLIVIA Submitted by APJC Bolivia/Peru/Chile Background Bolivia is under a weekly periods calendar Monday to Sunday. For years the Airlines and Agents have had to live with a calendar that involves complex internal controls in the last weeks of each month or the first weeks of each month that relate to dates of the previous month. Bolivia has been dealing with the following issues with the current calendar. Tax payments delays The tax bureau (Impuestos Nacionales) imposes fines due to late tax payments on closing of each month. Fines are calculated in UFV (1UFV equals 1.84 BOB), for example: • late affidavit or original documents presentation 400 UFV x 1.81 = BOB 736, equivalent to USD 106 • Late purchase and sales ledger presentation UFV 3000 x 1.81 = BOB 55520 equivalent to USD 793 This means that additional internal controls are needed to separate sales of one ending month and the next month. Commission invoices that reflect sales of two months when VAT law 843, paragraph 1, subparagraph II, article 10th mandates that VAT must be paid monthly Proposed Solution To avoid such tax problems for both airlines and agents in the future, it is proposed to adopt a per week calendar, in a way that all periods are included in a month, as follows. Dates: 1-8 9-15 16-23 24 to last calendar day of the month Agenda Item: Revision No.: Date: Page: RZ4 0 28 Aug 13 2 of 2 _____________________________________________________________________ The above proposal has been agreed by APJC Bolivia/Peru/Chile for implementation in Bolivia effective 1 January 2014. A copy of the revised reporting calendar is shown at Attachment ‘A’. Proposed Action Conference is asked to approve the new reporting calendar for Bolivia shown at Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: RZ4 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ BOLIVIA BSP CALENDAR 2014 (PERIODS) Period nr REMITTANC E DATE Reporting From ..To BOLIVIA BSP CALENDAR 2014(CALENDAR DATES) Reporting From ..To REMITTANCE DATE 1 2 3 4 1-ene mié 7-ene mar 14-ene mar 21-ene mar 6-ene lun 13-ene lun 20-ene lun 27-ene lun 16-ene jue 23-ene jue 30-ene jue 6-feb jue 1-ene mié 9-ene jue 16-ene jue 24-ene vie 8-ene mié 15-ene mié 23-ene jue 31-ene vie 18-ene sáb 25-ene sáb 4-feb mar 11-feb mar 5 6 7 8 9 28-ene mar 4-feb mar 11-feb mar 18-feb mar 25-feb mar 3-feb lun 10-feb lun 17-feb lun 24-feb lun 3-mar lun 13-feb jue 20-feb jue 27-feb jue 6-mar jue 13-mar jue 1-feb sáb 9-feb dom 16-feb dom 24-feb lun 1-mar sáb 8-feb sáb 15-feb sáb 23-feb dom 28-feb vie 8-mar sáb 18-feb mar 25-feb mar 5-mar mié 11-mar mar 18-mar mar 10 11 12 13 4-mar mar 11-mar mar 18-mar mar 25-mar mar 10-mar 17-mar 24-mar 31-mar lun lun lun lun 20-mar jue 27-mar jue 3-abr jue 10-abr jue 9-mar dom 16-mar dom 24-mar lun 1-abr mar 15-mar sáb 23-mar dom 31-mar lun 8-abr mar 25-mar mar 2-abr mié 10-abr jue 18-abr vie 14 15 16 17 1-abr mar 8-abr mar 15-abr mar 22-abr mar 7-abr lun 14-abr lun 21-abr lun 28-abr lun 17-abr jue 24-abr jue 2-may vie 8-may jue 9-abr mié 16-abr mié 24-abr jue 1-may jue 15-abr mar 23-abr mié 30-abr mié 8-may jue 25-abr vie 3-may sáb 10-may sáb 20-may mar 18 19 20 21 29-abr mar 6-may mar 13-may mar 20-may mar 5-may lun 12-may lun 19-may lun 26-may lun 15-may jue 22-may jue 29-may jue 5-jun jue 9-may vie 16-may vie 24-may sáb 1-jun dom 15-may jue 23-may vie 31-may sáb 8-jun dom 27-may mar 3-jun mar 10-jun mar 18-jun lun 22 23 24 25 26 27-may mar 3-jun mar 10-jun mar 17-jun mar 24-jun mar 2-jun lun 9-jun lun 16-jun lun 23-jun lun 30-jun lun 12-jun mar 19-jun jue 26-jun jue 3-jul jue 10-jul jue 9-jun lun 16-jun lun 24-jun mar 1-jul mar 9-jul mié 15-jun dom 23-jun lun 30-jun lun 8-jul mar 15-jul mar 25-jun mié 3-jul jue 10-jul jue 18-jul vie 25-jul vie 27 28 29 30 1-jul mar 8-jul mar 15-jul mar 22-jul mar 7-jul lun 14-jul lun 21-jul lun 28-jul lun 17-jul jue 24-jul jue 31-jul jue 7-ago jue 16-jul mié 24-jul jue 1-ago vie 9-ago sáb 23-jul mié 31-jul jue 8-ago vie 15-ago vie 2-ago sáb 12-ago mar 19-ago mar 26-ago mar 31 32 33 34 29-jul mar 5-ago mar 12-ago mar 19-ago mar 4-ago lun 11-ago lun 18-ago lun 25-ago lun 14-ago jue 21-ago jue 28-ago jue 4-sep jue 16-ago sáb 24-ago dom 1-sep lun 9-sep mar 23-ago sáb 31-ago dom 8-sep lun 15-sep lun 2-sep mar 10-sep mié 18-sep jue 25-sep jue 35 36 37 38 39 26-ago mar 2-sep mar 9-sep mar 16-sep mar 23-sep mar 1-sep lun 8-sep lun 15-sep lun 22-sep lun 29-sep lun 11-sep jue 18-sep jue 25-sep jue 2-oct jue 9-oct jue 16-sep mar 24-sep mié 1-oct mié 9-oct jue 16-oct jue 23-sep mar 30-sep mar 8-oct mié 15-oct mié 23-oct jue 3-oct vie 10-oct vie 18-oct sáb 25-oct sáb 4-nov mar 40 41 42 43 30-sep mar 7-oct mar 14-oct mar 21-oct mar 6-oct lun 13-oct lun 20-oct lun 27-oct lun 16-oct jue 23-oct jue 30-oct jue 6-nov jue 24-oct vie 1-nov sáb 9-nov dom 16-nov dom 31-oct vie 8-nov sáb 15-nov sáb 23-nov dom 11-nov mar 18-nov mar 25-nov mar 3-dic mié 44 45 46 47 28-oct mar 4-nov mar 11-nov mar 18-nov mar 3-nov lun 10-nov lun 17-nov lun 24-nov lun 13-nov jue 20-nov jue 27-nov jue 4-dic jue 24-nov lun 1-dic lun 9-dic mar 16-dic mar 30-nov dom 8-dic lun 15-dic lun 23-dic mar 10-dic mié 18-dic jue 26-dic vie 2-ene jue 48 49 50 51 52 25-nov mar 2-dic mar 9-dic mar 16-dic mar 23-dic mar 1-dic lun 8-dic lun 15-dic lun 22-dic lun 31-dic mié 11-dic jue 18-dic jue 26-dic vie 2-ene jue 8-ene mié 24-dic mié 31-dic mié 10-ene sáb Inicio de cada Periodo de ventas Agenda Item: Revision No.: Date: Page: RZ5 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – BOLIVIA Submitted by APJC BO CL PE Background APJC BO CL PE met on 3 July 2013 and unanimously endorsed changes to the Local Financial Criteria for Bolivia as shown at Attachment ‘A’. The changes relate to: 1. Adoption of Resolution 800f with the following modification for Bolivia – For the purposes of the calculation of a guarantee, the amount at risk shall be calculated by considering the sale of 360 days to give the average sales of 22 days (total net sales / 360 x 22). 2. The minimum guarantee for new or Accredited Agents in Bolivia will be USD 20,000 when required. 3. Agencies should be evaluated in accordance with the new criteria for presentation of financial statements, according to applicable local rules of the country. Proposed Action PAConf is requested to adopt the revised Local Financial Criteria for Bolivia shown at Attachment ‘A’for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ5 0 28 Aug 13 ‘A’ 1 of 2 _____________________________________________________________________ Amend Local Financial Criteria for Bolivia as shown below: DELETE - Financial Local Criteria by Country - Bolivia New Applicant requirements The Financial Statements require an audit report performed by external audit firm for all new applicants. All applicants need to present Profit and Loss statements with the balance sheet presented to the local tax authority. Minimum Capital expressed in local currency: For La Paz, Cochabamba and Santa Cruz USD 25,000 Rest of cities in Bolivia: USD 20,000 Any variances over 10% in local currency, due to devaluation of BOB/USD will be adjusted annually when presenting financial documentation for financial reviews. Annual Financial Reviews The agents present the Financial Statements with an audit report only when required by Law or the Travel Agent is applying to qualify and operate under no guarantee scheme. Copy of the Financial Statement electronic form, submitted to the tax authority. New text: INSERT - Financial Criteria by Country - BOLIVIA Adopts 800f resolution 5 t est s evaluat ion with the following modifications in the financial criteria: a. For the purposes of the calculation of a guarantee, the amount at risk shall be calculated by considering the sale of 360 days to give the average sales of 22 days (total net sales / 360 x 22) a. The minimum guarantee for new or accredited agents in Bolivia will be USD 20,000 when required. New Applicant requirements The Financial Statements are required with an audit report performed by external audit firm. • • Minimum Capital expressed in local currency: USD 25,000 for La Paz, Cochabamba and Santa Cruz. Rest of cities in Bolivia: USD 20,000 Any variances over 10% in local currency, due to devaluation of BOB/USD will be adjusted annually when presenting financial documentation for financial reviews. Agenda Item: Revision No.: Date: Attachment: Page: RZ5 0 28 Aug 13 ‘A’ 2 of 2 _____________________________________________________________________ Annual Financial Reviews The agent presents the Financial Statements with an audit report only when required by Law or when the Travel Agent is applying to qualify and operate under no guarantee scheme. A copy of the Financial Statement in electronic form submitted to the tax authority shall be included. The presentation of Financial Statements for the annual financial review will be 30 days after the legal presentation date with a maximum of 8 months after the closing date. Agenda Item: Revision No.: Date: Page: RZ6 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – BRAZIL Submitted by APJC Brazil Proposal: Ratio Test for Financial Reviews to be transparent and include the information on the Local Criteria Background On 20 June 2013 the 5th meeting of the APJC Brazil held a discussion to review local financial criteria applicable for the country. Problem/issues Travel and cargo agents do not find the local criteria transparent. Most of them have a lot of questions regarding the formulas and calculation. Proposed Action APJC participants agreed that the Ratio Test for Financial Reviews needs to be transparent and therefore requests PAConf endorse the inclusion of more detailed information as shown at Attachment ‘A’ with the current Local Criteria. Agenda Item: Revision No.: Date: Attachment: Page: Financial Indicators Maximum Score Indicator Formula ILG Current Assets + Long Term Assets/ Current Liabilities + Long Term Liabilities 7 ILC Current Assets / Current Liabilities 7 Liquidity CE Current Assets / Current Liabilities +Long Term Liabilities 4,2 PCT Current Assets +Long Term Liabilities / Equity 9,8 Debt RZ6 0 28 Aug 13 ‘A’ 1 of 2 Formula Result Corresponding Score Over 1.97 1.50 - 1.97 1.25 - 1.49 1.00 - 1.24 0.96 - 0.99 0.91 - 0.95 0.86 - 0.90 Under 0.85 Over 1.97 1.50 - 1.97 1.25 - 1.49 1.00 - 1.24 0.96 - 0.99 0.91 - 0.95 0.86 - 0.90 Under 0.85 7 6 5 4 3 2 1 0 7 6 5 4 3 2 1 0 Under 0.50 0.50 - 0.59 0.60 - 0.89 0.90 - 0.99 1.00 - 1.19 1.20 - 1.34 1.35 - 1.49 Over 1.5 Under 0.50 0.50 - 0.59 0.60 - 0.89 0.90 - 0.99 1.00 - 1.19 1.20 - 1.34 1.35 - 1.49 Over 1.5 4.2 3.6 3.0 2.4 1.8 1.2 0.6 0 9.8 8.4 7.0 5.6 4.2 2.8 1.4 0 Agenda Item: Revision No.: Date: Attachment: Page: Net Operating Margin Net Profit/Net Operating Revenue 7 Solvency Kanitz (¹Profitability Net Equity *0.05) + (ILG * 1.65) + (ILC * 3.55) - (ILC * 1.06) - (PCT * 0,33) ¹Profitability NE = Net Profit / Net Equity 5 RZ6 0 28 Aug 13 ‘A’ 2 of 2 Over 5.99 5.00 - 5.99 4.00 - 4.99 3.00 - 3.99 2.00 - 2.99 0.00 - 1.99 (3.00) - (0.01) 7 6 5 4 3 2 1 Under (3.00) Over 0.14 0.08 - 0.14 0.06 - 0.07 0.04 - 0.05 0.02 - 0.03 0 5 4 3 2 1 Under 0.01 0 40 Maximum score 22 Minimum for approval Agenda Item: Revision No.: Date: Page: RZ7 0 28 Aug 13 1 of 2 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – CHILE Submitted by APJC Bolivia/Peru/Chile Background PACONF35 approved a new Resolution 800f published as of Jan 01st, 2013 and agents met to consider its adoption and to review the Local Financial Criteria for Chile. Problem/Issues When performing financial evaluations Chile currently applies the four following ratios as described in the local financial criteria: Having reviewed the local criteria and the new Resolution 800f, agents agreed that they could not adopt the new resolution 800f at this time and would like to ratify their current local criteria. However, they did agree to a few modifications that would reduce barriers to entry to new agents. Agenda Item: Revision No.: Date: Page: RZ7 0 28 Aug 13 2 of 2 _____________________________________________________________________ Proposal: Ratify Local Financial Criteria. Modify the Local Financial Criteria for Chile so that where it currently reads Chile Certified up-to-date balance sheet required. Minimum capital as follows: Santiago, USD 35,000 Valparaiso and Concepción USD 25,000 Rest of Country USD 18,000 Additional Requirement: Guarantees shall be equivalent to the number of Days Sales at Risk or a minimum of USD 10,000. Instead reads Chile • The presentation of Financial Statements for the annual financial review will be 30 days after the legal presentation date. • Their financial statements must consist of a Balance Sheet, Profit and Loss Statement and Statement of Cash Flow, prepared by a certified external auditor in the format provided by IATA (attached). • The amount of the guarantee to be presented will be the 22 days “Amount at risk”. The calculation of the 22 days “Amount at risk” for Chile will consider a 12 month average of the agent´s sales. • The minimum guarantee for new or accredited agents in Chile will be USD10,000 when required. The proposal was reviewed at the fifth meeting of APJC Bolivia/Chile/Peru that met on 8 May 2013. The Council agreed to amend it only to add the deadline for financial evaluation submissions. The chosen date (30 days after the legal presentation date) is according to local practice and unless the authorities introduce any changes in Chile, would be May 31st. The APJC unanimously voted in favour of the amended text, which is shown at Attachment ‘A’. Proposed Action Conference is asked to adopt the revised Local Financial Criteria for Chile as shown in the attachment for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ7 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Amend Local Financial Criteria for Chile as shown below: Chile Certified up-to-date balance sheet required. Minimum capital as follows: Santiago USD 35,000 Valparaiso and Concepción USD 25,000 Rest of Country USD 18,000 Additional Requirement: Guarantees shall be equivalent to the number of Days Sales at Risk or a minimum of USD10,000. • • • • The presentation of Financial Statements for the annual financial review will be 30 days after the legal presentation date. Financial statements must consist of a Balance Sheet, Profit and Loss Statement and Statement of Cash Flow, prepared by a certified external auditor in the format provided by IATA. The amount of the guarantee to be presented will be the 22 days “Amount at risk”. The calculation of the 22 days “Amount at risk” for Chile will consider a 12 month average of the agent´s sales. The minimum guarantee for new or accredited agents in Chile will be USD 10,000 when required. Agenda Item: Revision No.: Date: Page: RZ8 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – CHINA Submitted by APJC China Background APJC China met on Friday 16 August 2013 and took action to revise its Local Financial Criteria so as to: 1. 2. 3. avoid confusion and ambiguity; reflect market changes; remove duplication of resolution text. Proposed Action Conference is invited to approve the changes to Local Financial Criteria for BSP China shown at Attachment ‘A’ for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ8 0 28 Aug 13 ‘A’ 1 of 5 _____________________________________________________________________ Amend Local Financial Criteria for People’s Republic of China as shown below: 1. GENERAL QUALIFICATIONS 1.1 Finances 1.1.1 the applicant shall submit independently produced financial statements prepared in accordance with local accounting practices as specified by APJC and published in the Handbook. Such statements shall be evaluated and found satisfactory pursuant to the methodology and standards established from time to time by APJC and published in the Handbook. Notwithstanding the requirement set out below in Paragraph 1.1.2, to obtain a satisfactory evaluation, the applicant may be required to provide additional financial support in the form of a bank or insurance guarantee or as otherwise determined by APJC. 1.1.2 the applicants must submit a financial guarantee equivalent to 50% of the average monthly sales turnover of the total passenger sales on behalf of BSP-CN participating airlines but not less than CNY 1.5 million, whichever is higher. 1.1.3 the Agency Services Manager shall conduct periodic examinations of the financial standing of Agents. He may request and the Agent concerned shall be under obligation to furnish, by the date specified in the Agency Services Manager's letter of request, the documents deemed necessary by the Agency Services Manager to conduct such examination. Failure by the Agent to submit such documents as prescribed shall be grounds for the Agency Services Manager to apply two instances of irregularity and to give the Agent 30 days to comply. Failure by the Agent to comply within 30 days shall be grounds for the Agency Administrator to give the Agent notice of termination of the Sales Agency Agreement, provided that if the Agent demonstrates to the Agency Administrator prior to the termination date that it meets the financial criteria incorporated in the Travel Agent's Handbook the termination shall not take effect. 1.1.4 when the financial position of an Agent is subject to examination by the Agency Administrator, and the Agent is unable to meet the financial criteria of the Travel Agent's Handbook, the Agency Administrator shall take normal business fluctuations into account and provide the Agent with a reasonable period of time to meet those criteria. 1.1.5 an Agent must submit Audited Financial Statements prepared in accordance with Chinese accounting standards. Such statement shall include Balance Sheet and Profit & Loss Account duly certified by an outside public accountant. 1.1.62 the Audited Financial Statement should not be older than six nine months at the time of evaluation submission. Agenda Item: Revision No.: Date: Attachment: Page: RZ8 0 28 Aug 13 ‘A’ 2 of 5 _____________________________________________________________________ 1.1.73 if the applicant is new or has been operating for less than six months, it could provide a Capital Verification Report, instead of Audited Financial Statements. 1.1.74 the registered capital shall not be less than CNY 1.5 million for the international agent. 1.1.95 the following elements are used in the financial evaluation: 1.1. 95.1 Current Ration > 130%, Current Assets divided by Current Liabilities; 1.1. 95.2 Liquid Ratio > 100%, (Current Assets – Inventory – Prepayment) divided by Current Liabilities; 1.1. 95.3 Cash Ratio > 30%, Cash and Cash Equivalents divided by Current Liabilities; 1.1. 95.4 Debt Ratio < 65%, Total Liabilities divided by Total Assets; 1.1. 95.5 Owners’ Equity is not less than 65% of Paid-up Capital 1.1.106 Guarantee 1.1.10.1 all agents must provide a financial security. It should be equivalent to 50% of the average monthly cash sales turnover of the total passenger sales on behalf of BSP-CN participating airlines during the previous 12 month period, with a minimum amount of CNY 1.5 million for international agents. 1.1.10.2 the guarantee will be reviewed on a yearly basis. Thereafter the amount at risk will be computed using the average sales of the previous 12 months and the amount of guarantee required adjusted if necessary. 1.2 Personnel The Agent must have in its employment competent and qualified staff able to sell international air transportation and correctly issue electronic travel documents and report these to the BSP. 1.3 Premises & Security 1.3.1 the applicant shall conform to the provisions laid down in Sections 2 and 5 of Resolution 818g. Agenda Item: Revision No.: Date: Attachment: Page: RZ8 0 28 Aug 13 ‘A’ 3 of 5 _____________________________________________________________________ 1.4 Name 1.4.1 the applicant must not have a name, acronym, logo or trademark which is: 1.4.2 the same as that of the International Air Transport Association (IATA) or of a Member or other Airline, or 1.4.3 the same as an acronym formed from the two or three letter designator of a Member or other Airline. 1.4.4 misleadingly similar to the name, acronym, logo or trademark of the International Air Transport Association (IATA) or that of a Member or other Airline; provided that this shall not preclude the accreditation of such applicant by the Agency Administrator if no protest is received from any Member. 1.4.5 the place of business must not be identified as an office of a Member or of a group of Members or of an air carrier or group of air carriers. 1.5 Wilful Misconduct The applicant, its principal stockholders (or persons for whom they act as nominees), directors, officers or managers shall not have unsatisfactory records with regard to adherence to ethical business practices, nor be undischarged bankrupts. 1.6 Prior Default No person who is a director of or who holds a financial interest or a position of management in the applicant shall have been a director of or had a financial interest or held a position of management in an Agent which has been removed from the Agency List or is under notice of default and still has outstanding debts to Members; provided that the applicant may nevertheless be approved if the Agency Administrator is satisfied that such person was not responsible for the acts or omissions that caused such removal or default and is satisfied that the applicant can be relied upon to comply with the terms of the Sales Agency Agreement, these Rules and other Resolutions of the Conference. 1.7 General Sales Agent The applicant must not be a General Sales Agent for any air carrier in the People's Republic of China (whether or not for the whole of that country); provided that this shall not preclude consideration by the Agency Services Manager of such an applicant if the application contains Agenda Item: Revision No.: Date: Attachment: Page: RZ8 0 28 Aug 13 ‘A’ 4 of 5 _____________________________________________________________________ evidence, to his satisfaction, that the applicant will have ceased to be such a General Sales Agent before the date of effectiveness of the Agency Services Manager's decision. 1.8 Electronic Ticketing The applicant shall have, at the place of business under application, the facility to issue on behalf of Members/ Airlines participating in the BSP, STDs through the use of an approved Electronic Ticketing System which meets the requirements set out in Resolution 854. 1.9 Branch Office The applicant must wholly own and fully manage the business for which approval is sought as a Branch Office Location. 1.10 License Where officially required the applicant must be in possession of a valid license to trade. 1.11 Accuracy of Statements All material statements made in the application shall be accurate and complete. 1.12 Tour Operator as Accredited Agent An applicant which demonstrates that its business is solely concerned with the organizing of Inclusive Tours and which fulfils all other criteria but does not maintain a place of business which is freely accessible to the general public, may nevertheless be accredited provided that it performs the issuance of Traffic Documents related to such Inclusive Tours only. 2. BSP CHINA REPORTING CALENDAR In order to ensure transparent and fair BSP procedures according to IATA Passenger Agency Conference Resolutions and BSP Manuals, the key definitions and processes of the reporting and settlement calendar for BSP China are formalized as follows: 2.1 Period Number: reference number for reporting period 2.2 Reporting Period: specific sales dates to be reported for reporting period 2.3 Reporting Date: the date on which the Agent reports sales to DPC Agenda Item: Revision No.: Date: Attachment: Page: RZ8 0 28 Aug 13 ‘A’ 5 of 5 _____________________________________________________________________ 2.4 Agent Billing Date: the date on which the billing reports of this period are available in ASD 2.5 Agent Remittance Date: the date on which the agent remit billing amount to its BSP account in the Clearing Bank. If the Clearing Bank does not receive a complete remittance before the close of business of the Clearing Bank on the Remittance Date, BSP China will send the Agent Demand of Payment and a Notice of Irregularity, which counts as two instances of Irregularity. If payment is not received from the Agent before the close of business of the Clearing Bank on the first day following the Remittance Date, the Agent is declared in default. 2.6 Airline Settlement Date: the date on which IATA settles the amount of the Billing Period to Airlines. 3. ACCUMULATED IRREGULARITIES IN BSP CHINA If ten (10) instances of irregularity are recorded in respect of a Location during any 12 consecutive months, the Agency Administrator shall immediately advise ISS Management and he/she shall take Default Action with respect to that Location in accordance with Paragraph. 24. ADMINISTRATIVE CHARGE 24.1 For excessive voiding of STDs exceeding 5% of the total tickets sold in the billing period, an administrative charge shall be levied to the agent on the basis of RMB 5.00 per excessive voided ticket. 4.2 For Overdue/Dishonoured Remittance, interest at the official (prime) bank rate plus one per cent. Agenda Item: Revision No.: Date: Page: RZ9 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – HONG KONG AND MACAU Submitted by APJC Hong Kong and Macau APJC HK held its 13th meeting on 7 August 2013 and unanimously agreed on two proposals to change the Local Financial Criteria. As the two proposals are to be reviewed by PAConf as standalone proposals and are not dependent on each other, they are being submitted for the agenda as two separate items. The first proposal concerns an editorial change so as to make it clear that the maximum timeframe for Agents to submit their audited financial statements is 9 months based on the submission date and not the date of assessment. The proposed amendment is to replace the word ‘assessment’ with ‘submission’ in paragraph 1.1 of the Local Financial Criteria. As BSP MO is a subset of HK, the Local Financial Criteria for Macau will be changed accordingly. Proposed Action Conference is invited to adopt the changes Local Financial Criteria shown at Attachments ‘A’ and ‘B’ for Hong Kong and Macau respectively effective 1 January 2014. Agenda Item: Revision No.: Date: Attachment: Page: RZ9 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Amend Local Financial Criteria for Hong Kong (SAR), China, as shown below: (Effective 01 January 2014) 1. Finances 1.1 General Financial Requirements New Applicants Applicants must: a) be established and in business as a travel agent for not less than 18 months from the date of licensing prior to the date of application, and b) have as a minimum paid-up capital of HKD 500,000; c) after accreditation, contribute to the Industry Trust Fund in accordance with its terms and conditions as determined by the Agency Programme Joint Council — HKG SAR from time to time; d) submit to IATA a certified complete set of audited financial statements which must not be older than 9 months at the time of assessment submission and in the auditor’s opinion, the financial statements give an unqualified true and fair view of the state of the company’s affairs. Accredited Agents Accredited Agents must submit to IATA annually a certified complete set of audited financial statements which must not be older than 9 months at the time of assessment submission and in the auditor’s opinion the financial statements give an unqualified true and fair view of the state of the company’s affairs. Agenda Item: Revision No.: Date: Attachment: Page: RZ9 0 28 Aug 13 ‘B’ 1 of 1 _____________________________________________________________________ Amend Local Financial Criteria for Macau as shown below: (Effective 01 January 2014) 1. Finances 1.1 General Financial Requirements New Applicants Applicants must: e) be established and in business as a travel agent for not less than two years from the date of licensing prior to the date of application, and f) have as a minimum paid-up capital of MOP 1 million; g) submit to IATA a certified complete set of audited financial statements which must not be older than 9 months at the time of assessment submission and in the auditor’s opinion, the financial statements give an unqualified true and fair view of the state of the company’s affairs. Accredited Agents Accredited Agents must submit to IATA annually a certified complete set of audited financial statements which must not be older than 9 months at the time of assessment submission and in the auditor’s opinion the financial statements give an unqualified true and fair view of the state of the company’s affairs. Agenda Item: Revision No.: Date: Page: RZ10 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – HONG KONG AND MACAU Submitted by APJC Hong Kong and Macau APJC HK held its 13th meeting on 7 August 2013 and unanimously agreed on two proposals to change the Local Financial Criteria. As the two proposals are to be reviewed by PAConf as standalone proposals and are not dependent on each other, they are being submitted for the agenda as two separate items. This paper concerns the second proposal. BSP HK had established the local practice of deducting airlines’ bilateral bank guarantees from the IATA bank guarantee. The rationale was that airlines in HK had the market practice to collect bilateral bank guarantees and so the objective of this local practice was to avoid demanding duplicate bank guarantees from agents. As part of the ISS Strengthening exercise, IATA advised the APJC that in fact IATA did not have an authority to deduct the bilateral bank guarantee from the industry bank guarantee and suggested to sunset the practice in July 2013. APJC strongly resisted but finally agreed at the 13th APJC meeting to postpone the sunset date to 01 April 2015. Major change: To revise paragraph 1.5 of the local criteria to state that the practice of deducting airline bilateral bank guarantees from IATA bank guarantee would be valid until 01 April 2015 only. As BSP MO is a subset of HK, the Local Financial Criteria for Macau will be changed accordingly. Proposed Action Conference is invited to adopt the changes Local Financial Criteria shown at Attachments ‘A’ and ‘B’ for Hong Kong and Macau respectively effective 1 January 2014. Agenda Item: Revision No.: Date: Attachment: Page: RZ10 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Amend Local Financial Criteria for Hong Kong (SAR), China, as shown below: (Effective 01 January 2014) 1.5 Financial Security Amount For applicants and Agents, the amount of bank guarantee/insurance bond required is equivalent to the applicant’s BSP cash turnover based on the previous 6 months. The bank guarantee/insurance bond covers its average 13-day/18-day/23-day/25-day BSP cash turnover, depending on its financial assessment result. Minimum bank guarantee/insurance bond amount is HKD 50,000. If the Agent has submitted bilateral bank guarantees to airlines, their amounts will be deducted from the amount of IATA BG. This practice of deducting airline bilateral bank guarantees from IATA bank guarantee is valid until 01 April 2015. Agenda Item: Revision No.: Date: Attachment: Page: RZ10 0 28 Aug 13 ‘B’ 1 of 1 _____________________________________________________________________ Amend Local Financial Criteria for Macau as shown below: (Effective 01 January 2014) 1.5 Financial Security Amount For applicants and Agents, the amount of bank guarantee/insurance bond required is equivalent to the applicant’s BSP cash turnover based on the previous 6 months. The bank guarantee/insurance bond covers its average 13-day/18-day/23-day/25-day BSP cash turnover, depending on its financial assessment result. Minimum bank guarantee/insurance bond amount is MOP 50,000. If the Agent has submitted bilateral bank guarantees to airlines, their amounts will be deducted from the amount of IATA BG. This practice of deducting airline bilateral bank guarantees from IATA bank guarantee is valid until 01 April 2015. Agenda Item: Revision No.: Date: Page: RZ11 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – INDIA Submitted by APJC India Background The Local Financial Criteria (LFC) India were approved by Mail Vote # A235 effective from 01 August 2013. One covenant that was omitted in drafting the LFC was to specify the type of financial institution whose guarantee would be acceptable unanimously. At the 38th APJC meeting held on 13 August 2013, the APJC-India unanimously endorsed the addition of a definition of Financial Security to elucidate that a guarantee issued by a Scheduled Bank only will be acceptable. Proposal The changes to Local Financial Criteria for India, endorsed by the APJC India are shown at Attachment ‘A’, for effectiveness from 01 January 2014. Proposed Action Conference to adopt the changes to Local Financial Criteria for India as shown at Attachment ‘A’ for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ11 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Amend the Local Financial Criteria for India as shown below: 7. DEFINITIONS OF TERMS USED IN THESE GUIDELINES … … 7.11. Financial Security: means a Bank Guarantee (issued by a Scheduled Bank) or an Insurance Policy issued by an approved Insurer. Agenda Item: Revision No.: Date: Page: RZ12 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – KOREA Submitted by APJC Korea Background Historically, credit card billing and settlement via BSP CC hinge account was introduced in Korea in 1991. During the initial stages, CC transactions were infinitesimal and there were no occasions of non-payment or fraud. After the IMF financial crisis in 1997, the volume of CC sales increased, also bolstered by the by Korea government’s promotion and e-ticketing from 2005. Today CC sales account for more than 60% of BSP sales. Over 99% of Credit Card transactions are non-face-to-face in Korea whereby the Agent holds neither an imprint of the card nor the card holder’s signature. Volume of Credit sales in the BSP is still significant representing more than 52% of the sale. In general, airlines felt the need to maintain a certain level of financial guarantee for Credit Card sales because BSP airlines still experience significant chargebacks and incidents of fraudulent transactions, most often triggered by the Agent’s non-compliance with credit card rules. That is the reason why historically, Agents’ financial guarantee amounts have been calculated on (Cash + Credit Card sales). Chapter 14 of the BSP Manual for Agents, Korea, clearly outlines the calculation of the Agent’s financial guarantee amount as “11 days cash sales plus 11 days card sales”. At the 5th APJC-Korea meeting held on 08 Aug 2013, the necessity to reduce the guarantee amount for credit card sales was propounded by agents and discussed at length. Airlines agreed to dilute the computation of the required financial guarantee to (11 Days Cash sales plus 5 days Credit sales), thereby reducing the number of credit sales days by six from the computation of Agent’s financial guarantee. The recommendation of so changing the Local financial Criteria was passed by a majority vote of the Council. Proposed Action Conference to adopt amendments to the Local Financial Criteria for Korea as shown in Attachment ‘A’ for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ12 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Amend the Local Financial Criteria for Korea as shown below: 5. FINANCIAL SECURITY Notwithstanding whether an Agent obtains a satisfactory or unsatisfactory result in a financial review, all Agents must provide IATA with a financial guarantee equivalent to an average of 11 days turnover but not less than a minimum of KRW 200 million 11 days cash sales plus 5 days credit card sales turnover but not less than a minimum of KRW 200 million whichever is higher. There must be at least one financial guarantor liable jointly or severally. The acceptable forms of financial securities are as follows: -Bank Guarantee -Insurance Bond Agenda Item: Revision No.: Date: Page: RZ13 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – MALAYSIA Submitted by APJC Malaysia Background Information The existing Local Financial Criteria for Malaysia contains text that is repetitive with 818g and also elements that discriminate financial securities by location of business. APJC Malaysia recommends criteria changes to be in compliance with Resolution 818g (removal of Premises and Licence requirements) and to eliminate the anti-competitive element of differentiation of financial security based on location. These changes were discussed at an APJC meeting held on 16 May 2013 and unanimously adopted. Proposed Action Conference is invited to approve the changes to the Local Financial Criteria for Malaysia as shown at Attachment ‘A’ for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ13 0 28 Aug 13 ‘A’ 1 of 3 _____________________________________________________________________ Amend Local Financial Criteria for Malaysia as shown below: 1. Finances 1.1 The applicant must provide a certified and audited balance sheet and Profit and Loss not more than twelve months old. 1.2 Applicants must: (a) have as a minimum paid up capital of MYR 300,000, provided that: (b) submit a bank guarantee or an insurance scheme approved by APJC MY, whichever opted by the applicant; provided that in case of bank guarantee, the level of such guarantee shall be : (i) 100 percent of an average of 16 days sales turnover for all agency locations, provided further that such financial guarantee shall not be less than MYR 100,000 for applications in Ipoh, Johore Bharu, Kuala Lumpur or Penang and not less than MYR 60,000 for applicants in other areas; (ii) provided further that such financial guarantee shall not be less than MYR 60,000 in all areas for Bumiputra applicants holding a letter of appointment from the Ministry of Finance; (iii) provided further that in case of insurance scheme, the level of such guarantee shall be 100 per cent of the net sales turnover based on the remittance amount under the BSP. (c) for the purpose of this Paragraph Kuala Lumpur includes Petaling Jaya, Shah Alam and Klang; 1.3 When assessing whether the applicant meets the financial standing described in Subparagraph 1.1 of this paragraph the following shall be taken into account: Agenda Item: Revision No.: Date: Attachment: Page: RZ13 0 28 Aug 13 ‘A’ 2 of 3 _____________________________________________________________________ 1.3(a)(i) Financial Assessment Liquidity Ratio Value Current Assets/ Current Liabilities 1.00 and above 20 0.80 to 0.99 10 0.70 to 0.79 5 0.69 to 0.49 2 0.48 and below 0 Gearing Ratio Value Total Liabilities/ Total Equity* 2.00 or less Points Efficiency Ratio (Receivables/Sales) x 365 Points Payment History 15 No. of Irregularities in the last 2 years Value Points 60 days or less 30 61 to 120 days 121 to 150 days 151 days and above 15 Value 0 or 1 5 0 Points 20 2.01 to 10 2 15 3.00 3.01 to 5 3 and above 0 4.00 4.01 and 0 above *If the total equity is at negative value, the point for the Gearing Ratio will be deemed as zero. Agenda Item: Revision No.: Date: Attachment: Page: RZ13 0 28 Aug 13 ‘A’ 3 of 3 _____________________________________________________________________ Profitability Ratio Value Points Quick Ratio Net Income (after tax) / Total Revenue 0.050 and above 5 0.000 to 0.049 Below 0.000 Quick Asset / Current Asset Value Points 1.00 and above 10 3 0.80 to 0.99 5 0 0.70 to 0.79 2 0.69 – 0.49 0.48 and below 1 0 1.3(a)(ii) the minimum passing score for annual financial review on audited statement dated year 2010 shall be at 40 points and 50 points for the subsequent years. 1.3(a) If an agent fails the annual financial review, agent may be accepted if the paid-up capital of the company is increased to show a positive net worth. The agent must forward the relevant document to the Agency Administrator as evidence. An agent may also be accepted if the financial guarantee is increased as per below tiers: Tier 1: Additional 20% financial guarantee if an agent scored 20 points below the passing score Tier 2: Additional 50% financial guarantee if an agent scored below tier 1 2. Premises The location for which application is made must be open for business on a regular basis and freely accessible to the general public for the sale of international air transportation during normal business hours. 3. Licence The applicant must be in possession of a valid licence as a Ticketing Agent issued by the relevant authorities. A copy of the KKKP/KPL (Ministry of Tourism) Licence must be provided and certified correct by a Commissioner of Oath or Public Notary. Agenda Item: Revision No.: Date: Page: RZ14 0 28 Aug 13 1 of 1 _____________________________________________________________________ LOCAL FINANCIAL CRITERIA – BSP MOROCCO Submitted by the Secretary Background The APJC Secretary has highlighted a problem with the Local Financial Criteria for Morocco published in the Travel Agent’s Handbook, which varies to the criteria most recently adopted by the APJC. It would appear that the criteria that should be published were adopted by the APJC in 2006, when Morocco came under Resolution 814 and APJCs had the authority to make changes to Local Criteria without the approval of Conference. To regularize the situation, the APJC Morocco met on 4 June 2013 and agreed that the 2006 LFC are the criteria that should be published in the Handbook, with a further addition that ‘The Applicant/Agent must provide current financial statements, stamped by the taxation authority’. Proposed Action Conference is asked to adopt the Local Financial Criteria for Morocco as shown at Attachment ‘A’ to be published in the Travel Agent’s Handbook with immediate effect. Agenda Item: Revision No.: Date: Attachment: Page: RZ14 0 28 Aug 13 ‘A’ 1 of 5 _______________________________________________________________________________________________ LOCAL FINANCIAL CRITERIA - MOROCCO Ratios and criteria Ratios and Criteria Grade In the case of the legal form "SNC" 0 if positive The owner of an "SNC" is fully liable for its debts, his personal available assets Private assets of the owner 2 if negative should be evaluated to apreciate its solvability. In the case of a "SARL": Net assets > 100 000,00 Dh 0 if No The minimum paid capital is of 100.000 Dh for the "SARL" and 300.000 Dh for the "S.A", the net "S.A": Net assets> 300 000,00 Dh 1 if yes assets should not be lower than this minimum in case of accumulation of reported losses. Net equity / yearly sales with 0 if R<1% airlines >1% 1 if R>1% FINANCIAL STRUCTURE 1 2 3 4 This criteria is already required by IATA in Morocco and other Countries 0 if R <50% The financial structure of the permanent financing (equity +long term debt) should be composed 1 if R >50% at least by 50% with equity. Net equity/Permanent Financing>50% 0 if R<20% 5 Comments Net equity/Total assets>20% 1 if R >20% The net equity should represent at least 20% of the total liabilities. Agenda Item: Revision No.: Date: Attachment: Page: RZ14 0 28 Aug 13 ‘A’ 2 of 5 _______________________________________________________________________________________________ 0 if R<1 6 Long term financing/Net fixed assets>1 1 if R>1 This is to ensure basic financial balance between the company's resources and liabilities: Long term resources will cover the working capital needs and improve the cash position for the agency. 0 if R>1 7 Shareholder's financing/Equity<1 This criteria is not applicable for "SNC" 1 if R<1 LIQUIDITY 8 0 if R<0.75 Current assets (receivables+cash) should cover at least 100% of the short term liabilities. 1 if R<1 The bad debts should not be including in the current assets Current assets/Current Liabilities(including Short term Cash)>1 2 if R<1.25 9 0 if R<30% The cash availability should exceed at least 30% of the debts. 1 if R>30% This ratio allows the evaluation of the liquidity of the agency. Debts payment delays 0 if R>60 days The bad debts should not be included in the calculation of this ratio "Ticketing" 1 if R<60 days If not available a 10 to 15% security margin should be applied to Client account Cash/Current liabilities(excluding cash debt)>30% 10 Agenda Item: Revision No.: Date: Attachment: Page: RZ14 0 28 Aug 13 ‘A’ 3 of 5 _______________________________________________________________________________________________ PROFITABILITY 11 12 0 if R>20% An agency represents a risk if the operating income barely covers the financial charges. 1 if R<20% The ratio between the financial charges and the operating income should not exceed 20% Financial charges/Operating income <20% Financial income/Operating income <20 0 if R<20 1 if R>20 Financial profitability: 0 if R<5% This ration allows to assess the profitability with respect to the equity provided Net income/Equity>5% 2 if R>5% by the shareholders. The minimum profit ratio required is of 5% Work productivity: 0 if R>70% The ratio identifies the impact of employment cost with respect to the value added. Frais du personnel/value ajoutée 1 if R<70% The lower the ration the better the productivity. 0 if negative This ration evaluates the evolution of the agency activity in terms of turnover with respect 1 if positive to the industry. ACTIVITY 13 14 15 Turnover growth: BSP ticketing Agenda Item: Revision No.: Date: Attachment: Page: RZ14 0 28 Aug 13 ‘A’ 4 of 5 _______________________________________________________________________________________________ (Short term financing)/ 0 Si R>50% current liabilities excluding cash>50% 1 Si R <50% Off-balance sheet commitment: Statement (-1) if R>20% Net assets/Off-balance sheet commitments 0 if No Incidentof payment during the past (-2) if yes 2 years 1 if no 16 OTHER 17 18 0 if less than 3 years 19 Date of creation of the agency 1 if between 3 and 4 years 2 if more than 5 years An agency who's has financing facility allowing to meet deadlines for debt payment has a better solvability. The agency should provide proof of the existence of the financing facilities. the net assets of the agency should cover at least 20% of the off-balance sheet commitments provided. The agency with an payment incident should be penalized. Agenda Item: Revision No.: Date: Attachment: Page: RZ14 0 28 Aug 13 ‘A’ 5 of 5 _______________________________________________________________________________________________ GRADE: The agency is graded with respect to 20. 0<grade>7 8<Note<10 Bank guaranty of 60 days sales equivalent Bank guaranty of 30 days for member airlines of sales equivalent. 11<Note<20 No Guaranty required To be monitored. Financial Statements : The applicant/Agent must provide current financial statements, stamped by the taxation authority. Agenda Item: Revision No.: Date: Page: RZ15 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – PAKISTAN Submitted by APJC Pakistan Background The existing Local Financial Criteria for Pakistan are not considered fit for purpose. A meeting of APJC Pakistan held on 14 June 2013 reviewed the Criteria and unanimously adopted changes to align the Criteria with the new Resolution 800f guidelines. Proposed Action Conference is asked to approve the changes to the Local Financial Criteria for Pakistan, as shown at Attachment ‘A’, for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ15 0 28 Aug 13 ‘A’ 1 of 4 _____________________________________________________________________ Amend Local Financial Criteria for Pakistan as shown below: 1. Finances 1.1 Applicant must have: 1.1(a) conducted travel agent business for at least twelve (12) months having a Government Licence issued by the Department of Tourist Services, Ministry of Tourism, Government of Pakistan. 1.1(b) minimum paid-up Capital/Investment of PKR 4 million. The minimum paid-up Capital/Investment criteria will be applicable to existing IATA approved agents from 01 April 2008 and for new IATA applicants from 01 April 2007. 1.1(c) minimum Bank Guarantee or Insurance Bond of PKR 7 million or equal to 35 days average turnover, whichever will be higher. The Bank Guarantee has to be issued by a bank, from the approved list, with an investment status rating from the Pakistan Credit Rating Agency (PACRA) or JCR-VIS of A+/-or any other local or international rating approved by the State Bank of Pakistan (SBP). For Financial Security Providers, the financial strength rating (FSR) should be B+ or better from A.M. Best or the equivalent rating from another recognized rating agency unless the Provider has reinsurance complying with these criteria. The minimum Bank Guarantee or Insurance Bond will be applicable to new and existing IATA Approved Agents. 1. GENERAL RULE The applicant must have conducted travel agent business for at least twelve (12) months having a Government License issued by Department of Tourist Services, Ministry of Tourism, Government of Pakistan. 2. CRITERIA FOR EVALUATION OF AGENTS’ ACCOUNTS 2.1 All financial information used in the financial criteria will be extracted from the Agent’s Audited Accounts. 2.2 The following financial tests apply to the evaluation of an Agent’s Audited Accounts: 2.2.1 There must be positive Net Equity. Agenda Item: Revision No.: Date: Attachment: Page: RZ15 0 28 Aug 13 ‘A’ 2 of 4 _____________________________________________________________________ 2.2.2 Net Equity divided by long-term debt and other long-term liabilities must be greater than 0.5. 2.2.3 EBITDA (Earnings Before Interest, Taxation, Depreciation, Amortization and extraordinary items) must be positive save in exceptional circumstances 2.2.4 The EBITDA must exceed the Interest Payable by a factor of a minimum of two; 2.2.5 Adjusted Current Assets must exceed Current Liabilities. 2.2.6 Minimum paid-up Capital/Investment of PKR 5 million for Head Office and PKR 1 million for each Branch Office. The minimum paid-up Capital/Investment criteria will be applicable to existing and new IATA approved agents from 01 January 2014. 3. ANNUAL FINANCIAL REVIEWS All Agents must provide Audited Accounts no later than 12 months after each financial year end, of that agent for the purposes of evaluation against the financial tests in section 2. 4. INTERIM FINANCIAL REVIEWS For any Financial Review conducted for cause at a time other than in respect of an Agent’s financial year end, IATA may conduct a Financial Review in accordance with section 3 as applicable to that Agent by reviewing the internal monthly management accounts of the Agent showing the results for each month since the last accounting date, the cumulative results to date and the latest balance sheet. 5. FINANCIAL SECURITY 5.1 An Agent will not be accredited or will not continue to be accredited until any Financial Security required to be provided to IATA has been received by IATA and confirmed to IATA by way of written confirmation received directly from the third party supporting the Financial Security that the Financial Security was issued by that third party and is valid. 5.2 Financial Securities will be subject to a minimum notice period of ninety (90) days and be valid for a minimum of at least one year. 5.3 All Agents must provide a Financial Security with a minimum amount of PKR 7,000,000 to be accredited or to remain accredited or 5.4 Furnish a Financial Security with a minimum amount at Risk calculated as per 35 days average calculated over last 12 months, whichever is higher. Agenda Item: RZ15 Revision No.: 0 Date: 28 Aug 13 Attachment: ‘A’ Page: 3 of 4 _____________________________________________________________________________ 5.5 For new Agents effective from 1st January 2014 who are accredited less than 12 months, the minimum Financial Security / Bank Guarantee will be PKR 10 million or 35 days average cash sales calculated over last 12 months, whichever is higher. 5.6 At any point in time, If the existing Financial Security is insufficient to cover the Amount at Risk, the amount of the Financial Security required will be increased to cover the Amount at Risk. 6. DEFINITIONS OF TERMS USED IN THESE GUIDELINES 6.1 Adjusted Current Assets – are defined as Current Assets as in the Balance Sheet of the Accounts after deducting: - Stocks and work in progress. - Deposits given to third parties other than IATA, - Loans to Directors, Associate Companies, (including any subsidiary, associate or company under common ownership) - Doubtful debtors, - Blocked funds, except for funds held in favour of IATA. These generic descriptions may be modified to terms specifically defined under the applicable local Generally Accepted Accounting Principles (GAAP) and disclosed in the financial statements. 6.2 Current Liabilities - are defined as Current Liabilities as in the Balance Sheet of the Accounts 6.3 EBITDA – Earnings Before Interest, Taxation, Depreciation and Amortisation 6.4 Financial Irregularity means an irregularity applied as a result of any failure to adhere to the reporting and remittance procedures described in Resolution 818g Attachment “A” including but not limited to those irregularities described in Resolution 818g Attachment “A”. 6.5 Financial Review means a review of an Agent’s financial position or the calculation of the amount of Financial Security required in accordance with this Resolution 800f, or both. 6.6 Irregularity means any irregularity applied under the Passenger Sales Agency Rules for non-compliance with those Rules including but not limited to Financial Irregularities. Agenda Item: Revision No.: Date: Attachment: Page: RZ15 0 28 Aug 13 ‘A’ 4 of 4 _____________________________________________________________________ 6.7 Net Equity or Shareholders’/Owners’ Funds – consists of: - Share capital - Share premium - Retained earnings - Other distributable reserves - Shareholder’s loans if subordinated less declared dividends: 6.8 Long Term Debt – All debt liabilities where repayment is due more than twelve months after the end of the financial period. 6.9 Long Term Liabilities – all liabilities where repayment is due more than twelve months after the end of the financial period. 6.10 Review means any assessment or evaluation of an Agent’s continuing compliance with the Passenger Sales Agency Rules. Agenda Item: Revision No.: Date: Page: RZ16 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – PARAGUAY Submitted by APJC Argentina/Paraguay/Uruguay Background On May 15th, 2013 the 4th meeting of the APJC for Argentina, Paraguay and Uruguay held a meeting to review local financial criteria applicable for those countries. Problem/Issues 1. This meeting addressed the need to review the Paraguay local financial criteria in order to ensure that the criteria were fit for purposes. 2. As a result, the APJC agreed a number of changes to the Criteria, as shown at Attachment ‘A’. Proposal PAConf is requested to endorse the revised criteria for Paraguay approved in the last APJC meeting held on 15 May 2013 as shown at Attachment ‘A’ for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ16 0 28 Aug 13 ‘A’ 1 of 6 _____________________________________________________________________ PARAGUAY 1 - EXISTING CRITERIA TO BE REPLACED: Audited up-to-date balance sheet certified by chartered accountant whose signature must be certified by the Professional Board, including a Profit and Loss Statement. Minimum tangible net worth required of Approved Agents will be equivalent to the minimum amount shown per sales volume bracket in the table below. The sales volume calculation is based on Agent's own average of net cash sales for a period equivalent to the number of “Days' Sales at Risk” (refer to Resolution 800f). Tangible net worth shall be guaranteed. Agenda Item: Revision No.: Date: Attachment: Page: RZ16 0 28 Aug 13 ‘A’ 2 of 6 _____________________________________________________________________ 2 - CRITERIA APPROVED BY APJC TO BE SENT TO PACONF: Paraguay Financial Criteria for Agent Evaluation General Rule I. II. Documentation to be submitted III. Accredited agents must comply with financial assessment criteria approved for the corresponding country. These criteria will be revised by local APJC on an annual basis. In order to be evaluated, every accredited agent must present the documentation described in Section I. The agent must also fulfill the Minimum Tangible Net Worth (MTNW) requirements through the provision of financial guarantees (bank guarantees or insurance bond), as defined in Section III. Although fulfilling the requirement of financial guarantee, the agency must accomplish with documentation submission required. Complete up-to-date Financial Statements, presented to the Fiscal Authority (SET) (Balance Sheet, Profit & Loss Statement, Notes and Annexes), must be submitted. Tax affidavit copies, in replacement of Financial Statements, are not acceptable. Conditions for the analysis of Financial Statements presented by the Agent Maximum validity of Financial Statements presented by agents will be 8 months as from closing date. Presentation Calendar is shown in the table below: _ Agenda Item: Revision No.: Date: Attachment: Page: RZ16 0 28 Aug 13 ‘A’ 3 of 6 _____________________________________________________________________ The Calendar above contains dates which will be adjusted subject to week-ends and local holiday. The agent must follow these deadlines in order to comply with the Financial Statements presentation and evaluation requisites within the 8-month term mentioned above. The Financial Statement assessment will be based on the calculation of the Financial Indicators and the achievement of the score described below: The maximum score to be obtained as a result of the application of the 4 financial indicators will be 40 points. In order to achieve a satisfactory evaluation, the minimum acceptable score will be 22 points. Formula and score applicable to Financial Indicators: Liquidity = Current Assets / Current Liabilities Above 1.99 1.50 – 1.99 1.25 – 1.49 1.00 – 1.24 0.96 – 0.99 0.91 – 0.95 0.86 – 0.90 Below 0.85 14 points 12 points 10 points 8 points 6 points 4 points 2 points 0 points Collection Term Average = (Receivables / Sales) * 365 Below 15 days 15 - 16 days 17 – 18 days 19 – 20 days 21 – 23 days 24 – 26 days 27 – 29 days Above 30 days 7 points 6 points 5 points 4 points 3 points 2 points 1 points 0 points Agenda Item: Revision No.: Date: Attachment: Page: RZ16 0 28 Aug 13 ‘A’ 4 of 6 _____________________________________________________________________ Debt = Total Liabilities / Total Assets Below 0.4 14 points 0.4 – 0.59 12 points 0.6 – 0.89 10 points 0.9 – 0.99 8 points 1.0 – 1.19 6 points 1.2 – 1.34 4 points 1.35 – 1.49 2 points Above 1.5 0 points Cash Flow = After-tax earnings / Long-term Debt 0.20 5 points 0.18 4 points 0.15 3 points 0.13 2 points 0.10 1 points 0.09 0 points Definitions: Current Assets: Receivables from related companies, shareholders, employees, directors, partners as well as cash and fix-term deposits in escrow must be excluded. Current Liabilities: It must include the current portion of long-term debt. Total Sales: The amount must appear specifically in the Financial Statements. And correspond to gross sales obtained in the period including (but not limited to) ticket sales, packages, hotels, car rental, insurances, miscellaneous, etc. Long-term Liabilities: It comprises all third parties long-term debt. Loans to shareholders or proprietors must be excluded. Receivables: It must be shown as a breakdown of commercial receivables, fees, commissions, related companies receivables and advances granted to suppliers. Bad debt must be excluded. Earnings after taxes: Extraordinary earnings must be excluded. Total Assets: Intangible assets must be included. Total Liabilities: It includes current liabilities and third parties loans. Loans granted to shareholders or owners must be excluded. It must include related companies liabilities less the corresponding subordinated tranche (receivable). Agenda Item: Revision No.: Date: Attachment: Page: RZ16 0 28 Aug 13 ‘A’ 5 of 6 _____________________________________________________________________ IV. Financial requirements: Minimum Tangible Net Worth Minimum Tangible Net Worth (MTNW) for Accredited Agents will be the amount stated in column “MTNW” on the table presented below. In order to determine the applicable MTNW, it is necessary to estimate the Agent’s 22-days cash sales amount, which are calculated based on the last 12 months cash sales average. In order to guarantee the MTNW determined, the Agent must provide a bank guarantee or an insurance bond for an amount equivalent to the MTNW value must be submitted. Agent initial accreditation Upon accreditation, every agent must present a financial guarantee (bank guarantee or insurance bond) for an amount equivalent to USD 10.000, in order to constitute its initial MTNW. Agenda Item: Revision No.: Date: Attachment: Page: RZ16 0 28 Aug 13 ‘A’ 6 of 6 _____________________________________________________________________ As from then and on a four-month basis, IATA will recalculate the 22-days cash sales average done by the agent, calculated based on the last 12 months cash sales average and, in case an increase is registered, a guarantee increment equal to or higher than USD 10.000 will be requested. In the case of a new agency constituted as a branch of a previously accredited one, the sales average of the new branch will be added to those of its headquarters at the aim of calculating the financial guarantee requested. Unsatisfactory result in the financial evaluation In case of obtaining an unsatisfactory result in the evaluation performed to the Financial Statements presented (score below 22 points), the USD 200.000 cap established in the MTNW table shown in this Section will not apply and the agent will have to provide a financial guarantee (bank guarantee or insurance bond) for the corresponding total 22-days cash sales average. Agenda Item: Revision No.: Date: Page: RZ17 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE IN BSP CALENDAR - PERU Submitted by APJC Bolivia/Peru/Chile Background Peru is under a weekly periods calendar Monday to Sunday. Until 1999 the Peru calendar was by weekly calendar dates. The Regional Assembly approved a regional change to calendars without considering the impact it may have in a country where VAT is involved in tickets and invoices. For years the Airlines and Agents have had to live with a calendar that involves complex internal controls in the last weeks of each month or the first weeks of each month that relate to dates of the previous month. This creates the following issues: • Tax payments delays • Sunat tax regulator fines due to late tax payments on closing of each month • Internal additional controls to separate sales of one ending month and next month. • Commission invoices that reflect sales of two months when VAT law mandates to pay VAT monthly. Proposed Solution To avoid such tax problems for both airlines and agents locally, it is proposed to adopt a per week calendar, in a way that all periods are included in a month, as follows: Dates: 1-8 9-15 16-23 24 to the last calendar day of month. Payment will be day after 10 days of the period close. Agenda Item: Revision No.: Date: Page: RZ17 0 28 Aug 13 1 of 1 _____________________________________________________________________ The above proposal was agreed by APJC Bolivia/Peru/Chile for implementation in Peru effective 1 January 2014. A copy of the revised reporting calendar is shown at Attachment ‘A’. Proposed Action Conference is asked to approve the new reporting calendar for Peru shown at Attachment ‘A’. Agenda Item: Revision No.: Date: Attachment: Page: RZ17 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ PERU BSP CALENDAR 2014 (PERIODS) Period nr Reporting From ..To REMITTANC E DATE PERU BSP CALENDAR 2014(CALENDAR DATES) Reporting From ..To REMITTANCE DATE 1 2 3 4 1-ene mié 6-ene lun 13-ene lun 20-ene lun 5-ene dom 12-ene dom 19-ene dom 26-ene dom 15-ene mié 22-ene mié 29-ene mié 5-feb mié 1-ene mié 9-ene jue 16-ene jue 24-ene vie 8-ene mié 15-ene mié 23-ene jue 31-ene vie 20-ene lun 27-ene lun 3-feb lun 10-feb lun 5 6 7 8 9 27-ene lun 3-feb lun 10-feb lun 17-feb lun 24-feb lun 2-feb dom 9-feb dom 16-feb dom 23-feb dom 2-mar dom 12-feb mié 19-feb mié 26-feb mié 5-mar mié 12-mar mié 1-feb sáb 9-feb dom 16-feb dom 24-feb lun 1-mar sáb 8-feb sáb 15-feb sáb 23-feb dom 28-feb vie 8-mar sáb 18-feb mar 25-feb mar 5-mar mié 10-mar lun 18-mar mar 10 11 12 13 3-mar lun 10-mar lun 17-mar lun 24-mar lun 9-mar dom 16-mar dom 23-mar dom 30-mar dom 19-mar mié 26-mar mié 2-abr mié 9-abr mié 9-mar dom 16-mar dom 24-mar lun 1-abr mar 15-mar sáb 23-mar dom 31-mar lun 8-abr mar 25-mar mar 2-abr mié 10-abr jue 21-abr lun 14 15 16 17 31-mar lun 7-abr lun 14-abr lun 21-abr lun 6-abr dom 13-abr dom 20-abr dom 27-abr dom 16-abr mié 23-abr mié 30-abr mié 7-may mié 9-abr mié 16-abr mié 24-abr jue 1-may jue 15-abr mar 23-abr mié 30-abr mié 8-may jue 25-abr vie 5-may lun 12-may lun 19-may lun 18 19 20 21 28-abr lun 5-may lun 12-may lun 19-may lun 4-may dom 11-may dom 18-may dom 25-may dom 14-may mié 21-may mié 28-may mié 4-jun mié 9-may vie 16-may vie 24-may sáb 1-jun dom 15-may jue 23-may vie 31-may sáb 8-jun dom 26-may lun 2-jun lun 9-jun lun 18-jun lun 22 23 24 25 26 26-may lun 2-jun lun 9-jun lun 16-jun lun 23-jun lun 1-jun dom 8-jun dom 15-jun dom 22-jun dom 29-jun dom 11-jun lun 18-jun mié 25-jun mié 2-jul mié 9-jul mié 9-jun lun 16-jun lun 24-jun mar 1-jul mar 9-jul mié 15-jun dom 23-jun lun 30-jun lun 8-jul mar 15-jul mar 25-jun mié 3-jul jue 10-jul jue 18-jul vie 25-jul vie 27 28 29 30 30-jun lun 7-jul lun 14-jul lun 21-jul lun 6-jul dom 13-jul dom 20-jul dom 27-jul dom 16-jul mié 23-jul mié 30-jul mié 6-ago mié 16-jul mié 24-jul jue 1-ago vie 9-ago sáb 23-jul mié 31-jul jue 8-ago vie 15-ago vie 4-ago lun 11-ago lun 18-ago lun 25-ago lun 31 32 33 34 28-jul lun 4-ago lun 11-ago lun 18-ago lun 3-ago dom 10-ago dom 17-ago dom 24-ago dom 13-ago mié 20-ago mié 27-ago mié 3-sep mié 16-ago sáb 24-ago dom 1-sep lun 9-sep mar 23-ago sáb 31-ago dom 8-sep lun 15-sep lun 2-sep mar 10-sep mié 18-sep jue 25-sep jue 35 36 37 38 39 25-ago lun 1-sep lun 8-sep lun 15-sep lun 22-sep lun 31-ago dom 7-sep dom 14-sep dom 21-sep dom 28-sep dom 10-sep mié 17-sep mié 24-sep mié 1-oct mié 9-oct jue 16-sep mar 24-sep mié 1-oct mié 9-oct jue 16-oct jue 23-sep mar 30-sep mar 8-oct mié 15-oct mié 23-oct jue 3-oct vie 10-oct vie 20-oct lun 27-oct lun 3-nov lun 40 41 42 43 29-sep lun 6-oct lun 13-oct lun 20-oct lun 5-oct dom 12-oct dom 19-oct dom 26-oct dom 15-oct mié 22-oct mié 29-oct mié 5-nov mié 24-oct vie 1-nov sáb 9-nov dom 16-nov dom 31-oct vie 8-nov sáb 15-nov sáb 23-nov dom 10-nov lun 18-nov mar 25-nov mar 3-dic mié 44 45 46 47 27-oct lun 3-nov lun 10-nov lun 17-nov lun 2-nov dom 9-nov dom 16-nov dom 23-nov dom 12-nov mié 19-nov mié 26-nov mié 3-dic mié 24-nov lun 1-dic lun 9-dic mar 16-dic mar 30-nov dom 8-dic lun 15-dic lun 23-dic mar 10-dic mié 18-dic jue 26-dic vie 2-ene jue 48 49 50 51 52 24-nov lun 1-dic lun 8-dic lun 15-dic lun 22-dic lun 30-nov dom 7-dic dom 14-dic dom 21-dic dom 31-dic mié 10-dic mié 17-dic mié 24-dic mié 31-dic mié 7-ene mié 24-dic mié 31-dic mié 12-ene lun Inicio de cada Periodo de ventas Agenda Item: Revision No.: Date: Page: RZ18 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – PERU Submitted by APJC Bolivia/Peru/Chile Background PACONF 35 approved new Resolution 800f effective Jan 01 2013, with important changes to financial standards and reviews in lieu of prevention of Defaults. Peru is now prepared to endorse part of these new criteria and has considered reviewing the actual Financial Criteria, by a proposal to update and change part of the text. Peru acknowledges that this change in the new Resolution 800f is important to improve Risk Management and ensure the Travel Agency Community is qualified under the Agency Management programs. Peru Travel Agency community, in addition has taken into consideration local aspects and recommends adopting the new 5 assessment tests with several changes related to minimum capital, minimum guarantee and the basis for the 22 day risk calculation. The necessary documentation for the assessment has been reviewed and a more clear and simplified text is proposed. Peru Statistical Information Defaults Record with Actual Criteria 2010 1 2011 2 2012 0 2013 0 Recoveries: 100% Accumulation of Irregularities all agencies reinstated. 2010 3 2011 1 2012 3 2013 0 No losses Problem/Issues/Market Situation In Peru the law does not oblige all legal businesses to present an audit report attached to the formal documentation and annual declaration presented to Sunat that is the tax regulator. A business that requires audit report has to present it according to parameters that are defined by Sunat according to business volumes regardless of industry line. The Sunat formal template and Agenda Item: Revision No.: Date: Page: RZ18 0 28 Aug 13 1 of 1 _____________________________________________________________________ contents require to be duly signed by a chartered accountant, information that is verified by SUNAT, and has penal consequences for the Legal representatives and accountant in case of fraud or irregular reporting. For this reason and given that the annual financials are formal declarations to the government, and are fully controlled by state, Peru has considered to propose the presentation of audit reports only when required by the authority as specified in the current law and its rules. Important to mention that: In Peru the costs for Audit Reports continues to be a burden for the Travel Agents, in a country where accounting reporting, tax reporting is regulated, and this is one of the reasons why many agents in the past, have opt to present a Guarantee at less cost even though their financials qualify in all other requirements. Given that today the audit report is mandatory to apply for an operation without a guarantee, the Accreditation programme is not attractive, with a burden of too many costs. Peru has a minimum growth of Affiliations, and has lost a good group of Travel Agents due to present requirements. Many Agents have gone to No IATA status and purchase tickets through the Consolidation system. The Default statistical reports show that financial health in the Travel Agency Community. More than one decade Peru is in continuous growth of its solid economy based on a healthy strict fiscal control. Financial institutions have evolved to good administration of credit and risk and are fully controlled by the Government National Superintendence of Banking and Insurance (SBS) From the number of agents that work with a Guarantee even though they do qualify with the present FLC, one can appreciate that Agents receive credit facilities and qualify to work with the financial institutions. A negative aspect that has been analyzed , is that the new IATA resolution 800f criteria is calculating guarantees based on the average of 3 month highest sales, whereas in Peru high peaks are a result of Groups, atipic events, and not of current Corporate or Vacation/personal travel. The variables of Peru market are due to facts that cannot be considered as a current behavior. Based on this comment Peru proposes to continue with the actual basis for Risk calculation. Agenda Item: Revision No.: Date: Page: RZ18 0 28 Aug 13 1 of 1 _____________________________________________________________________ Proposal Peru has modified proposal presented at APJC No. 5 to adopt the new Resolution 800f: 1. Adopt new 800f 5 tests criteria for the Financial reviews assessments clarifying that: a. The Agents that have approved the Net equity test (2.3.1) and do not report long term liabilities pass the second test 2.3.2 b. If agent has long term liabilities they can approve with 0.5 as minimum or greater. 2. For the purpose of the calculation of a guarantee, the amount at risk shall be calculated by considering the net cash sales of 360 days to give the average of 22 days at risk. (total net cash sales /360 x 22) 3 Eliminate from the FLC Infocorp report as agreed in 2010 as well as the debts control with Sunat. 4 Keep minimum capital for new applications at USD 5000 5 Keep requirement of the minimum guarantee at USD 10,000 6 Eliminate obligation to present an Audit report if the law does not mandate this obligation because the Financials are formal Tax declaration to the Government and there is penal fault in case one frauds declaration goes to jail. Effective date Jan 01,2014 Proposed Action (1) Conference is asked to approve the changes to Local Criteria for Peru shown at Attachment ‘A’ for 1 January 2014 effectiveness. (2) Furthermore, APJC Members have requested to consult with the Agency Administration and PACONF concerning the contents of Resolution 800f Appendix A 2 Criteria for evaluation of Agents’ Accounts. 2.3.2 Net Equity divided by long term debt and other long term liabilities must be greater than 0.5 A precision and confirmation is required: a) An Agent that has no long term liabilities and has a positive result in the test of Net Equity (2.3.1) passes the evaluation described in 2.3.2 b) Net Equity divided by ……………… “must be 0.5 or greater” (not greater than 0.5) Agenda Item: Revision No.: Date: Attachment: Page: RZ18 0 28 Aug 13 ‘A’ 1 of 3 _____________________________________________________________________ Amend Local Financial Criteria for Peru as shown below: Financial Local Criteria - Peru Independently produced audit financial statements certified by chartered accountant including Statement of Asset and Liabilities and Profit and Loss statement as of 31 December or 30 June, which are submitted to the Ministry of Economics and Finance. Copy of the annual format declaration presented to Sunat or PDT Programme of Telematic Declaration. Minimum tangilble net worth required of Approved Agents will be equivalent to the minimum amount shown per sales volume bracket in the table below. The sales volume calculation is based on Agents own average cash sales for a period of three weeks. Tangible net worth shall be supported only by real state of equivalent value registered in the name of the owner (sole ownership/partnerships) or the legal entity (corporations) otherwise and insurance bond or bank guarantee will be requested. A financial review will be conducted annually. Agents may opt to present a financial security in lieu of audited financial statements. • INFOCORP report with a minimum score of 750 points • Agent shall not have recorded debts with government entities. 3 weeks Agents’ Cash Sales More than USD500,000 From USD 480,000 to USD 499,999 From USD 460,000 to USD 479,999 From USD 440,000 to USD 459,999 From USD 420,000 to USD 439,999 From USD 400,000 to USD 419,999 From USD 380,000 to USD 399,999 From USD 360,000 to USD 379,999 From USD 340,000 to USD 359,999 From USD 320,000 to USD 339,999 From USD 300,000 to USD 319,999 From USD 280,000 to USD 299,999 From USD 260,000 to USD 279,999 From USD 240,000 to USD 259,999 From USD 220,000 to USD 239,999 From USD 200,000 to USD 219,999 From USD 180,000 to USD 199,999 From USD 160,000 to USD 179,999 From USD 140,000 to USD 159,999 From USD 120,000 to USD 139,999 From USD 100,000 to USD 119,999 From USD 80,000 to USD 99,000 Agenda Item: Revision No.: Date: Attachment: Page: RZ18 0 28 Aug 13 ‘A’ 2 of 3 _____________________________________________________________________ From USD 40,000 to USD 59,999 From USD 20,000 to USD 39,999 From USD 10,000 to USD 19,000 Up to USD 9,999 _____________________________________________ New text Peru - Local Financial Criteria: Annual reviews: Agents will present the Formal Annual Tax Declaration with all its annexes that support the amounts declared, submitted to SUNAT the Government Tax Regulator, in the government official template, in addition Statement of Assets and Liabilities, Profit and Loss as of 31 de December. All accounting documents and SUNAT declaration must be duly signed by a chartered accountant sending copy of the proof of habilitation of Accountant. Evaluations will be performed with the 5 financial tests set out in sections 2.3.1-2.3.5 of Criteria for Evaluation of Agents Accounts. Test 2.3.2: Net equity divided by long term liabilities debt and other long term liabilities to approve test must be 0.5 or greater. When the agent has a positive Net Equity (test 2.3.1) and has no long term liabilities the test is positive. Audit report: Will be presented with documentation only when the law mandates this requirement. Last presentation date for documentation: May 15 of the following year. New applicants : Present the formal documentation submitted to Sunat with annexes as detailed in Annual Reviews requirements, with annual information presented to Sunat, of the previous year to application, when the applicant has operations from a previous year and in addition Statement of Assets and Liabilities, Profit and Loss of the months of the unclosed current year, signed by a chartered accountant sending copy of the proof of habilitation of the accountant. Minimum capital of new applicants: Agent must comply with USD 5,000 or equivalent in local currency. At annual review, check and if required, will have to comply with an annual adjustment to minimum required. Agenda Item: Revision No.: Date: Attachment: Page: RZ18 0 28 Aug 13 ‘A’ 3 of 3 _____________________________________________________________________ Minimum guarantee level a) for a new or accredited Agent USD 10,000 b) for renewals of existing agents a minimum of USD 10,000 when the result of the risk calculation is less than USD 10,000 Net sales risk calculation: For new and annual financial reviews or any periodic reviews, when a calculation is required to cover the risk of 22 days, the formula must be based on the average of last 12 months net cash sales, (net cash sales/360 x 22), using accumulated sales information to the previous month of the calculation. Agenda Item: Revision No.: Date: Page: RZ19 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – POLAND Submitted by APJC Poland Background APJC Poland met on 07 June 2013 and reached unanimous agreement on the following recommendations to Conference: 1. Effective 01 July 2015, to implement weekly Remittance frequency, with a reporting period of 7 days but with a credit period of 15 days; these arrangements would remain unchanged for two years, after this period Remittance rules would be open for revision, i.e. from 01 July 2017 2. Local Financial Criteria – Financial Security requirements are revised in concurrence with the above proposal, as shown in Attachment ‘A’ Additionally, the APJC agreed that Voluntary More Frequent Remittance should be introduced in Poland as soon as practicable. Proposed Action Conference is invited to approve the changes to Local Financial Criteria for BSP Poland shown at Attachment ‘A’ for 01 July 2015 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ19 0 28 Aug 13 ‘A’ 1 of 1 _____________________________________________________________________ Amend Local Financial Criteria for Poland as shown below: 5.3. If an established Agent fails to meet any of the criteria described under point 5.1 above, the Agent will only be retained provided that a guarantee to cover the full Amount at Risk and is submitted within thirty (30) days from being notified to do so. In any event the amount of delivered BG will not be less than 25,000 EUR in the case of bi-weekly remittance scheme and 15 000 EUR in the case of VMFR and weekly remittance scheme (equivalent in PLN, at the NBP average rate of exchange on the date of the letter of request issued by IATA). 5.4. If all criteria described under point 5.1 above are met by the Accredited Agent which has completed 2 years of trading as IATA Agent, then the amount of the guarantee will be reduced to cover 20% of the Amount at Risk, but in any event the amount will not be less than 25,000 EUR in the case of bi-weekly remittance scheme and 15 000 EUR in the case of VMFR and weekly remittance scheme (equivalent in PLN, at the NBP average rate of exchange on the date of the letter of request issued by IATA). However, if the Agent had a default in the previous 12 months, the Agent must provide a Guarantee to cover the Amount at Risk in full. Agenda Item: Revision No.: Date: Page: RZ20 0 28 Aug 13 1 of 2 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA - SINGAPORE Submitted by APJC Singapore Background At PAConf in October 2012, a proposal, escalated unanimously from APJC-SG to exclude BSP sales of Self-Administered Financial Coverage [SAFC] airlines in the Industry Bank Guarantee [IBG] calculation, was rejected, and sent back to the APJC for revisiting. The guidance from PAConf was that the BSP sales from any airline could not be excluded from the IBG calculation. To address the issue a Financial Advisory Group [FAG] was formed and the group met 5 times, but could not arrive at a proposal that could be put forward to the APJC for consideration. As there were no feasible proposals put forward, SAFC Airline representative on the FAG maintained that they would continue with their existing practice of collecting bilateral bank guarantees and maintain status quo. Owing to the stalemate within the FAG, changes to current Local Financial were designed by Members of FAG comprising Industry Administered Financial Coverage [IAFC] Airline Representatives and affected Agents without the involvement of Representatives from SAFC Airlines to be placed before APJC-SG for their approval. A meeting of APJC-SG was held on 16 July 2013 and reviewed proposed changes to Local Financial Criteria, as follows: a) To include the following as an additional sub-paragraph to Section 1: Finances 1.2(a)(iv) Two years after initial accreditation and if agent has had not been in default or not had a change of ownership, the following rates will apply. In the event of default or change of ownership, the rating stated in 1.2(a)(iii) will apply and after two years without default or change of ownership the following rates will apply. A rated Agents 20% B rated Agents 33% C rated Agents 53% D rated Agents 85% Further to what is stated in Resolution 818g Attachment A. 1.10.4 in the event an agent has provided a separate financial security in favour of any BSP Airline, such BSP Airline will not be entitled to any payment from agents BSP financial security. Agenda Item: Revision No.: Date: Page: RZ20 0 28 Aug 13 2 of 2 _____________________________________________________________________ b) Deletion of Paragraph 2 Premises 2.1 if located at the premises of an organisation, plant or commercial firm and dedicated substantially to the travel requirements of that organisation, plant or commercial firm, be a branch of an existing accredited agent and meet all the qualifications of this section, except that it need not be freely accessible to the general public. APJC-SG adopted the changes under (a) by majority vote of the airlines and unanimous vote of the agents present and the changes under (b) by unanimous vote of both airlines and agents. Proposed Action Conference is asked to adopt the changes to Local Financial Criteria shown at Attachment ‘A’ for Singapore effective 1 January 2014. Agenda Item: Revision No.: Date: Attachment: Page: RZ20 0 28 Aug 13 ‘A’ 1 of 4 _____________________________________________________________________ Amend Local Financial Criteria for Singapore as shown below: 1. Finances 1.1 applicants must: 1.1(a) have as a minimum paid up capital of SGD 100,000, and 1.1(b) be established and in business as a travel agent not less than twelve months prior to the date of application, provided that if an applicant with less than twelve months trading record may be approved if the applicant furnishes a minimum financial security of SGD 50,000 valid until the receipt of audited annual accounts, provided further that during this period if the average monthly sales exceeds this amount it shall be adjusted accordingly. This financial security should be provided in addition to the minimum security required based on the assessment result. 1.2(a) when assessing whether the applicant meets the financial standing described in subparagraph 1.1 of this Paragraph the following shall be taken into account. 1.2(a)(i) Financial Assessment Indicators Paid-up Capital 100,000 100,001 - 150,000 150,001 - 180,000 180,001 - 210,000 210,001 - 300,000 300,001 - 500,000 Score 1 2 3 4 5 6 500,001 - 700,000 7 700,000 - 1,200,000 8 1,200,001 - 10,000,000 > 10,000,000 9 10 Business Scale 1 - 1,000,000 1,000,001 - 2,700,000 2,700,001 - 5,000,000 5,000,001 - 6,500,000 6,500,001 - 8,000,000 8,000,001 - 10,500,000 10,500,001 13,500,000 13,500,001 20,800,000 20,800,001 35,000,000 > 35,000,000 Score 1 2 3 4 5 6 7 8 9 10 Agenda Item: Revision No.: Date: Attachment: Page: RZ20 0 28 Aug 13 ‘A’ 2 of 4 _____________________________________________________________________ Profitability* Score < (250,000) 1 (249,999) - (90,000) 2 (89,999) - (22,000) 3 (21,999) - 0 4 1 - 5,000 5 5,001 - 16,500 6 16,501 - 39,500 7 39,501 - 90,000 8 90,001 - 213,000 9 > 213,000 10 * 3 or 2 Years AVERAGE of profit and/or losses Leverage Score Negative or > 25.00 1 12.51 - 25.00 2 6.01 - 12.50 3 4.31 - 6.00 4 3.11 - 4.30 5 2.12 - 3.10 6 1.61 - 2.11 7 1.01 - 1.60 8 0.66 - 1.00 9 0.01 - 0.65 10 Margin Trends** Score 5 3 -3 -5 **Based on Rate of Net Profit after Sales Liquidity 0.01 - 0.60 0.60 - 0.75 0.75 - 0.95 0.96 - 1.05 1.06 - 1.17 1.18 - 1.26 1.26 - 1.45 1.46 - 1.68 1.68 - 2.50 > 2.51 Score 1 2 3 4 5 6 7 8 9 10 Reserve < (1,750,000) (1,749,999) - 90,000 90,001 - 130,000 130,001 - 200,000 200,001 - 400,000 400,001 - 680,000 680,001 - 1,200,000 1,200,001 - 2,300,000 2,300,001 - 7,500,000 > 7,500,000 Score 1 2 3 4 5 6 7 8 9 10 Score ≥ 60 46 - 59 35 - 45 12 - 34 ≤ 12 Rating Scale A B C D Fail Agenda Item: Revision No.: Date: Attachment: Page: RZ20 0 28 Aug 13 ‘A’ 3 of 4 _____________________________________________________________________ If an agent fails the annual financial review, agent may be accepted if the paid up capital of the company is increased to show a positive net worth. The agent must forward ACRA document as evidence. 1.2(a)(ii) Minimum Financial Security for an existing agent is SGD 40,000 or equivalent to 2 weeks average sales based on the last 12 months activity whichever is higher. 1.2(a)(iii) The final security required may vary subject to the score/rating scale of the agent’s financial assessment result, subject to minimums in paragraph 1.2(a)(ii) Financial Security Required 25% of minimum security required 50% of minimum security required 75% of minimum security required 100% of minimum security required Score A B C D 1.2(a)(iv) Two years after initial accreditation and if agent has had not been in default or not had a change of ownership, the following rates will apply. In the event of default or change of ownership, the rating stated in 1.2(a)(iii) will apply and after two years without default or change of ownership the following rates will apply. Score A B C D Financial Security Required 20% of minimum security required 33% of minimum security required 53% of minimum security required 85% of minimum security required Further to what is stated in Resolution 818g Attachment A. 1.10.4 in the event an agent has provided a separate financial security in favour of any BSP Airline, such BSP Airline will not be entitled to any payment from agents BSP financial security. 1.2(a)(iv) 1.2(a)(v) It is recognized that different interpretations of financial accounts are possible and do occur. Accordingly, the Financial Assessor shall have discretion as to the most appropriate classification in accordance with standard accounting practices for all items included in the statements. It is in the applicant’s best interest to supply any additional information that has a bearing on the review. Agenda Item: Revision No.: Date: Attachment: Page: RZ20 0 28 Aug 13 ‘A’ 4 of 4 _____________________________________________________________________ 2. Premises 2.1 if located on the premises of an organisation, plant or commercial firm and dedicated substantially to the travel requirements of that organisation, plant or commercial firm, be a Branch of an existing Accredited Agent and meet all the qualifications of this Section, except that it need not be freely accessible to the general public. Agenda Item: Revision No.: Date: Page: RZ21 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – SRI LANKA Submitted by APJC Sri Lanka Background The existing Local Financial Criteria for Sri Lanka contains a specified frequency of Bank Guarantee review annually. As this is not in conformity with the resolutions, a proposal was put to APJC-LK to delete this text. The proposed text by APJC had not been included since it is the standard frequency of review by IATA. Other editorial amendments to remove outdated text were also proposed. A meeting of APJC-LK was held on 20 March 2013 and unanimously endorsed changes to the Local Financial Criteria as shown at Attachment ‘A’. Proposed Action Conference to adopt the revised Local Financial Criteria for Sri Lanka as shown at Attachment ‘A’ for 1 January 2014 implementation. Agenda Item: Revision No.: Date: Attachment: Page: RZ21 0 28 Aug 13 ‘A’ 1 of 2 _____________________________________________________________________ Amend Local Financial Criteria for Sri Lanka as shown below: 1. Finances 1.1 the applicant must provide a certified and audited balance sheet and Profit and Loss account not more than one year old. 1.2 Applicant must: 1.2(a) be licensed by the Civil Aviation Authority of Sri Lanka for not less than 1 year with a minimum paid up capital of LKR500,000 for all new applicants who will also fulfil the criteria specified in 1.1; 1.2(b) be established and be in airline trading business of not less than one year prior to the application. The applicant is also required to submit a minimum Bank Guarantee of LKR 3.45 million or 22 days trading whichever is higher (for thrice monthly settlement until 30 June 2013) and LKR 2.5 million or 17 days trading whichever is higher (for weekly settlement effective 1 July 2013). The Bank Guarantee has to be issued by a bank with an investment status rating from Fitch Lanka or an international rating from Standard & Poors, Moody’s or Fitch Ratings. The industry Bank Guarantee will be reviewed bi-annually based on the average sales of the previous 12 months every June and December for effectiveness from 1 July and 1 January respectively. 1.3 when assessing whether the applicant meets the financial standing described in Subparagraph 1.1, the applicant must be able to fulfill one of the following criteria: 1.3(a) Net equity less long-term debt should be positive Net Equity: the sum between paid-up capital and accumulated profit/losses should be positive. In case there is goodwill, it is subtracted from the sum previously computed. With regards to partnerships and sole proprietorship (which do not have accumulated profit/losses accounts), Net Equity is computed as beginning capital + additions – drawings. Goodwill is also to be deducted. If not, the Agent/Applicant must enhance their equity, for net equity less long-term debt to be a positive value. Agent/Applicant must enhance and resubmit audited financial statements within 30 days to qualify for retention of accreditation or become newly accredited. Agenda Item: Revision No.: Date: Attachment: Page: RZ21 0 28 Aug 13 ‘A’ 2 of 2 _____________________________________________________________________ 1.3(b) Net current assets should be greater than amount at risk If not, the quantum by which the net current assets fall short of the amount at risk must be pledged by a bank guarantee from the Agent/Applicant, in addition to the bank guarantee quantum stipulated in 1.2(b). Amount at Risk: Annual Sales *22/365 (for thrice monthly settlement until 30 June 2013) or Annual Sales *17/365 (for weekly settlement effective 01 July 2013). Agenda Item: Revision No.: Date: Page: RZ22 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – SWITZERLAND/LIECHTENSTEIN Submitted by APJC CH-LI Background As per Swiss Law (OR Art. 727a Para.2 and HRegV Art. 62 Para.1), certain corporate types are exempted from the provision of audited financial accounts. The agents meeting the criteria stipulated in the above mentioned articles are able to request a waiver to the Swiss Trade Register (Handelsregister) and be exempt of the provision of audited financial statements. According to the current Local Financial Criteria (short: LFC) of BSP Switzerland, audited accounts are stated as obligatory for the financial examination for all corporate companies. Consequently, IATAs requirements are not aligned to the local law. However, following the current practice, the exemption has been already taken into account during the financial review of the previous years, although not reflected in the LFC. The issue was addressed in the CH APJC P 2013/1 on July 8th 2013 and the LFC were amended temporarily by including the exemption of the non-provision of audited accounts for the agents participating in the “Opting Out” – practice. In case the agent is eligible for OptingOut and decides to refrain from the audition, it needs to provide a certificate of the Swiss Trade Register in order to proof the exemption. The delegates however underline that a full review of the local financial criteria is to be performed during the next 24 months, with the deadline of July 2015. Following the delegate vote of the APJC, the requirements of the financial documentation should be aligned to local legislation, and therefore temporarily apply to the Annual Review 2012. For the above reasons, an exception was made to ISS Management to apply the amended financial criteria with immediate effect subject to on-going review. The effective date of amended financial criteria would therefore be retroactive to July 8th 2013 when approved by the PAConf. The full review of the criteria is to be conducted by June 30th. The exception request was approved and LFC amended temporarily including the exception of the non-provision of audited accounts for the agents participating in the “Opting Out” – practice. In case the agent is eligible for Opting-Out and decides to refrain from the audition, it needs to provide a certificate of the Swiss Trade Register in order to proof the exemption. Agenda Item: Revision No.: Date: Page: RZ22 0 28 Aug 13 1 of 1 _____________________________________________________________________ The proposed changes were approved by the APJC CH-LI held on July 8th 2013 following a unanimous vote and are shown at Attachment ‘A’. As agreed by the GPO on July 12th 2013 via exception request Q-000595, the proposed changes have been implemented into the yearly financial review 2012. The effective date for these changes shall be retroactively July 8th 2013. Proposed Action Conference is asked to note the action taken to modify the CH-LI Local Financial Criteria and formally endorse the changes shown at Attachment ‘A’ for immediate effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ22 0 28 Aug 13 ‘A’ 1 of 2 _____________________________________________________________________ Amend Local Financial Criteria for Switzerland/Liechtenstein as shown below: FINANCIAL CRITERIA Balance sheets must be in compliance with Swiss Law’ Code of Obligations (OR). The time limit for submission of audited papers is within six months after the closing date of the Fiscal year. Document requirements: Corporate Companies Balance Sheet, with entities (Limited Profit and Loss Account Statement of Distribution of net profit Auditor’s Control report) Appendix acc. OR663b All other legal Entities Certified Balance Sheet Certified Profit and Loss Account Auditor’s control report in case of corporate associations and whenever available According to Art. 727a Para. 2 OR, Auditor’s control report is not obligatory for those legal entities participating in the Opting-Out practice. The agent must provide with a copy of the certificate of the Swiss trade register in order to proof the exemption. New legal entities without at least one year’s trading record: Certified Opening Balance Sheet. … … SECURITY REQUIREMENTS The premises must meet the security standards for the safe custody of Traffic Documents. All normal access points to the premises shall be efficiently secured with strong metal mesh or bars. Premises shall be protected by: • A burglar alarm systems, or • Other acceptable security arrangements Agenda Item: Revision No.: Date: Attachment: Page: RZ22 0 28 Aug 13 ‘A’ 2 of 2 _____________________________________________________________________ An Accredited Agent location is permitted to be assigned stocks of Standard Traffic Documents equal to a few months average usage. A working supply equal to one months average usage may be held in the Agents Premises at any time and reserve stocks must be stored in an offpremise vault such as a bank vault or security deposit box. In the light of this, it is essential that a suitable safe be installed in which to store the working supply of air tickets. The safe must meet IATA’s minimum standards. These are: • Minimum weight – 182 kg • Fitted with both key and combination locks • Bolted to the floor or wall if weighing less than 500 kg Agenda Item: Revision No.: Date: Page: RZ23 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA – URUGUAY Submitted by APJC Argentina/Paraguay/Uruguay Background On May 15th, 2013 the 4th meeting of the APJC for Argentina, Paraguay and Uruguay held a meeting to review local financial criteria applicable for those countries. Problem/Issues 1. The meeting addressed the need to review the Uruguayan local financial criteria in order to ensure that the criteria were fit for purpose. 2. The APJC agreed extensive amendments to the Local Criteria, as shown at Attachment ‘A’. Proposal PAConf is requested to endorse the revised criteria for Uruguay approved in the last APJC meeting. Agenda Item: Revision No.: Date: Attachment: Page: RZ23 0 28 Aug 13 ‘A’ 1 of 7 _____________________________________________________________________ URUGUAY 1 - EXISTING CRITERIA TO BE REPLACED: Uruguay Audited up-to-date balance sheet certified by chartered accountant whose signature must be certified by the Professional Board, including a Profit and Loss Statement. Minimum tangible net worth required of Approved Agents will be equivalent to the minimum amount shown per sales volume bracket in the table below. The sales volume calculation is based on Agent's own average of net cash sales for a period equivalent to the number of “Days' Sales at Risk” (refer to Resolution 800f). Tangible Net Worth shall only be supported by: (i) in the case of sole ownership or partnerships: real estate of equivalent value registered in the name of the owner and (ii) in the case of a legal entity (corporation): real estate of equivalent value registered in the name of the legal entity (corporation). Otherwise, an insurance bond or bank guarantee will be requested in any of the two cases. Agenda Item: Revision No.: Date: Attachment: Page: RZ23 0 28 Aug 13 ‘A’ 2 of 7 _____________________________________________________________________ 2 - CRITERIA APPROVED BY APJC TO BE SENT TO PACONF: Uruguay Financial Criteria for Agent Evaluation General Rule V. Accredited agents must comply with financial assessment criteria approved for the corresponding country. These criteria will be revised by local APJC on an annual basis. In order to be evaluated, every accredited agent must present the documentation described in Section I. The agent must also fulfill the Minimum Tangible Net Worth (MTNW) requirements through the ownership of real estate or the provision of financial guarantees (bank guarantees), as defined in Section III. In case of initial accreditation and during a two-year term, the only accepted mechanism for the fulfillment of the MTNW requisites will be the provision of financial guarantee (bank guarantees). As from the second year of accreditation, the agent will have the option either to maintain its financial guarantee or to present real estate of its ownership at the aim of fulfilling the MTNW requisites, under the terms defined in Section III. Documentation to be submitted Agencies owning real estate: Complete up-to-date Financial Statements (Balance Sheet, Profit & Loss Statement, Notes and Annexes) with Public Accountant’s Compilation Report, as a minimum (Limited Review and Audit reports should be acceptable). Notarial certification where the Notary relates real estate and its ownership, certifying if they are free of any encumbrance (garnishment, mortgage, usufruct, etc.), and if its owner’s freedom to dispose of them. Two assessments done by nearby real estate agencies or public auctioneer, showing the estimated market value of the real estate presented as guarantee. Agencies not owning real estate: Complete up-to-date Financial Statements (Balance Sheet, Profit & Loss Statement, Notes and Annexes) with Public Accountant’s Compilation Report, as a minimum (Limited Review and Audit reports should be acceptable). Agenda Item: Revision No.: Date: Attachment: Page: RZ23 0 28 Aug 13 ‘A’ 3 of 7 _____________________________________________________________________ VI. Conditions for the analysis of Financial Statements presented by the Agent Maximum validity of Financial Statements presented by agents will be 8 months as from closing date. Presentation Calendar is shown in the table below: The Calendar above contains dates which will be adjusted subject to week-ends and local holiday. The agent must follow these deadlines in order to comply with the Financial Statements presentation and evaluation requisites within the 8-month term mentioned above. The Financial Statement assessment will be based on the calculation of the Financial Indicators and the achievement of the score described below: The maximum score to be obtained as a result of the application of the 4 financial indicators will be 40 points. In order to achieve a satisfactory evaluation, the minimum acceptable score will be 22 points. Agenda Item: Revision No.: Date: Attachment: Page: RZ23 0 28 Aug 13 ‘A’ 4 of 7 _____________________________________________________________________ Formula and score applicable to Financial Indicators: Liquidity = Current Assets / Current Liabilities Above 1.99 14 points 1.50 – 1.99 12 points 1.25 – 1.49 10 points 1.00 – 1.24 8 points 0.96 – 0.99 6 points 0.91 – 0.95 4 points 0.86 – 0.90 2 points Below 0.85 0 points Collection Term Average = (Receivables / Sales) * 365 Below 15 days 7 points 15 - 16 days 6 points 17 – 18 days 5 points 19 – 20 days 4 points 21 – 23 days 3 points 24 – 26 days 2 points 27 – 29 days 1 points Above 30 days 0 points Debt = Total Liabilities / Total Assets Below 0.4 14 points 0.4 – 0.59 12 points 0.6 – 0.89 10 points 0.9 – 0.99 8 points 1.0 – 1.19 6 points 1.2 – 1.34 4 points 1.35 – 1.49 2 points Above 1.5 0 points Cash Flow = After-tax earnings / Long-term Debt 0.20 5 points 0.18 4 points 0.15 3 points 0.13 2 points 0.10 1 points 0.09 0 points Agenda Item: Revision No.: Date: Attachment: Page: RZ23 0 28 Aug 13 ‘A’ 5 of 7 _____________________________________________________________________ Definitions: Current Assets: Receivables from related companies, shareholders, employees, directors, partners as well as cash and fix-term deposits in escrow must be excluded. Current Liabilities: It must include the current portion of long-term debt. Total Sales: The amount must appear specifically in the Financial Statements. And correspond to gross sales obtained in the period including (but not limited to) ticket sales, packages, hotels, car rental, insurances, miscellaneous, etc. Long-term Liabilities: It comprises all third parties long-term debt. Loans to shareholders or proprietors must be excluded. Receivables: It must be shown as a breakdown of commercial receivables, fees, commissions, related companies receivables and advances granted to suppliers. Bad debt must be excluded. Earnings after taxes: Extraordinary earnings must be excluded. Total Assets: Intangible assets must be included. Total Liabilities: It includes current liabilities and third parties loans. Loans granted to shareholders or owners must be excluded. It must include related companies liabilities less the corresponding subordinated tranche (receivable). VII. Financial requirements: Minimum Tangible Net Worth Minimum Tangible Net Worth (MTNW) for Accredited Agents will be the amount stated in column “MTNW” on the table presented below. In order to determine the applicable MTNW, it is necessary to estimate the Agent’s 22-days cash sales amount, which are calculated based on the last 12 months cash sales average. In order to guarantee the MTNW determined, the Agent must be owner of real estate for an equivalent amount, registered under the name of the partner or partners or registered under the name of the legal entity (SRL or SA). In case of not being owner of real estate, a bank guarantee for an amount equivalent to the MTNW value must be submitted. Agenda Item: Revision No.: Date: Attachment: Page: RZ23 0 28 Aug 13 ‘A’ 6 of 7 _____________________________________________________________________ Agent accreditation and initial 2-year period Upon accreditation, every agent must present a financial guarantee (bank guarantee) for an amount equivalent to USD 20.000, in order to constitute its initial MTNW. As from then and on a four-month basis, IATA will recalculate the 22-days cash sales average done by the agent and, in case an increase is registered, resulting in a MTNW step change according to the table above, a guarantee increment will be requested. During the first 2 years of accreditation, the provision of a financial guarantee according to the terms described above will be mandatory for the agent. In the case of a new agency constituted as a branch of a previously accredited one, the sales average of the new branch will be added to those of its headquarters at the aim of calculating the financial guarantee requested. Agents with more than 2 year of accreditation Upon 2 years of accreditation and in case of having achieved a satisfactory result in the financial evaluation performed on the Financial Statements presented, the agent must decide whether to continue to provide a financial guarantee under the terms above described or to constitute its MTNW through the presentation of real estate of its ownership, as established above. Agenda Item: Revision No.: Date: Attachment: Page: RZ23 0 28 Aug 13 ‘A’ 7 of 7 _____________________________________________________________________ The MTNW amount will continue to be revised on a four-month basis through the recalculation of the 22-days cash sales average done by the agent during the previous 12-month period. In case an increase is detected, resulting in a MTNW step change according to the table above, a guarantee increment will be requested. Unsatisfactory result in the financial evaluation In case of obtaining an unsatisfactory result in the evaluation performed to the Financial Statements presented (score below 22 points), the USD 800.000 cap established in the MTNW table shown in this Section will not apply and the agent will have to provide a financial guarantee (bank guarantee) for the corresponding total 22-days cash sales average. Agenda Item: Revision No.: Date: Page: RZ24 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA - VENEZUELA Submitted by APJC Colombia/Ecuador/Venezuela Background Venezuela has suffered a devaluation of 46% in 2013, following the 100% devaluation of 2011. This has considerably increased the capital required and amount of the guarantees for new accreditations. The travel agency market in Venezuela is a very stable market with a low incidence of irregularities and defaults. Though the market throughout the years has experienced a steady growth in accredited agents, the recent devaluations of 2011 and 2013 have considerably stagnated accreditation. The capital required for the market and guarantee for new agencies is extremely high. At a meeting held on 3 July 2013, in alignment with other countries in the area, APJC CO/EC/VE unanimously adopted a proposal for new agents pursuing IATA accreditation. Requested Capital: Location Current scenario New scenario Caracas and Metropolitan Area Maracaibo and Valencia Rest of the Country Branches USD 30.000 USD 25.000 USD 20.000 USD 8.000 USD 20.000 USD 20.000 USD 20.000 No Requirement Guarantee for new applicants: Market Sales USD 30.000 Proposed Action Conference is asked to endorse the change to Local Financial Criteria for Venezuela outlined above for 1 January 2014 implementation. Agenda Item: Revision No.: Date: Page: RZ25 0 28 Aug 13 1 of 1 _____________________________________________________________________ CHANGE TO LOCAL FINANCIAL CRITERIA - ITALY Submitted by APJC Italy The 40th meeting of APJC Italy was held on 27 June 2013. The APJC reviewed the Local Financial Criteria and unanimously adopted changes to ensure full transparency for all market participants. A summary of the main changes is as follows: To ensure full transparency the APJC Members unanimously agreed for the information below to be published in the local financial criteria: a) The calculating table for each of the 5 financial index b) Accredited Agents: BG calculation formula (no changes in the formula itself. The formula is already published in the Chapter 14) c) Changes: for Agents that have a change in ownership or control that necessitates a new PSAA a financial security based on the BG formula applied to accredited agents is required (reference Resolution 800f) d) Annual examination of the financial standing of IATA agents: if the amount at risk is already covered by a financial security the agent may not submit the annual balance sheet for review (reference to provision adopted for Germany by PAConf 35) Proposed Action Conference is requested to approve the changes to Local Financial Criteria for Italy as shown at Attachment ‘A’ for 1 January 2014 effectiveness. Agenda Item: Revision No.: Date: Attachment: Page: RZ25 0 28 Aug 13 ‘A’ 1 of 3 _____________________________________________________________________ Amend Local Financial Criteria for Italy as shown below: Finances Balance Sheet and Profit and Loss Account (duly certified by an outside public accountant) indicating a satisfactory financial standing. If an applicant or Agent is required to provide additional financial support the following are acceptable: The following indexes are used in the financial evaluation: Currently Published in TAH Current Ratio Currently Published in TAH Adjusted Current Assets / Adjusted Current Liabilities Currently Published in TAH AMENDED Current Assets on the balance sheet which can either be converted to cash or used to pay current liabilities within 12 months. Include cash, cash equivalents, (short term government bonds, marketable securities), accounts receivables and the portion of prepaid liabilities which can be paid within 1 year. Current Liabilities of balance sheet that are to be settled in cash within 12 months. Include accounts payable for goods and services, short-term debts, tax debts. Index score range from 0 to 20 Value x class 0,0 – 0,5 0,5 – 0,9 0,9 – 2,0 2,0 – 3,0 3,0 – 5,0 5,0 above scoring 5 10 20 10 5 0 Agenda Item: Revision No.: Date: Attachment: Page: RZ25 0 28 Aug 13 ‘A’ 2 of 3 _____________________________________________________________________ Currently Published in TAH Currently Published in TAH Currently Published in TAH Net Worth to Loan Ratio Equity Bank & Loans Equity includes Share Capital, Reserves, plus Net Profit/minus Losses. Short and Long-term debts. AMENDED Index score range from 0 to 20 Value x class 0,00 – 0,25 0,25 – 0,50 0,50 – 1,50 1,50 – 2,00 2,00 – 5,00 5,00 – above scoring 0 5 10 20 20 10 Index score range from 0 to 20 Total assets of balance sheet net of Reserves for Depreciation. Assets to Equity Ratio Total Assets Equity Equity includes Share Capital, Reserves, plus Net Profit/minus Losses. Value x class 0–1 1–2 2-5 5 - 10 10 above scoring 0 20 10 5 0 Index score range from 0 to 20 Payable Turnover Ratio Total Purchases Total Accounts payable Total costs excluding depreciation, levies and taxes, discounts and rebates. Total accounts payable Value x class 0 – 30 30 - 90 90 - 120 120 - 180 180 above scoring 10 20 10 5 0 Agenda Item: Revision No.: Date: Attachment: Page: RZ25 0 28 Aug 13 ‘A’ 3 of 3 _____________________________________________________________________ Currently Published in TAH Currently Published in TAH AMENDED Currently Published in TAH Total revenues net of returns, discount and rebates Receivables Turnover Ratio Sales Total Accounts receivable Total accounts receivable Index score range from 0 to 20 Value x class 0 – 30 30 - 90 90 - 120 120 - 180 180 above scoring 10 20 10 5 0 Once the five indexes are determined, a value is assigned to each of them according to an agreed table. If the total value reached is between 0 and 49 the applicant does not qualify, between 50 and 79 the applicant is required to supply additional financial support and from 80 and 100 the applicant qualifies without condition. Financial Security Applicants — On the basis of financial situation and of ascertained productivity or minimum Commercial Risk Average of the region. Accredited Agents: Average monthly BSP Net Cash Sales of the last 12 months of the month of the date of calculation, multiplied by 1.5 (45 days). Changes of Ownership: On the basis of new balance sheet and productivity. For Agents that have a change in ownership or control that necessitates a new Passenger Sales Agency Agreement a financial security, calculated according to the above formula, is required. Reviews — Where a discrepancy between the guarantee level and productivity is ascertained, review will take place based on new Balance Sheet/BSP Net Cash Sales, requiring realignment in a maximum of 60 working days from the date of the request in accordance with following scale: requests for increases up to 50% of the guarantee level to be met in 30 working days requests for increases over and above 50% of the guarantee level to be met in 60 working days. Whenever the risk is already covered by a financial security the agent may not submit the annual balance sheet for review.