STANDING RULES

FOR

ICAO’S AVIATION ENGLISH LANGUAGE TEST SERVICE (AELTS)

 

 

1.   STATEMENT OF DISCLAIMER

1.1.      The Test Service Provider[1] (TSP) participating in the ICAO Aviation English Language Test Service (AELTS) expressly acknowledges that any recognition of conformance with ICAO Standards and Recommended Practices (SARPs) for Language Proficiency Requirements (LPRs) and ICAO Doc 9835 shall not constitute or be construed as establishing or creating a joint venture, partnership or agency between the parties.

1.2.      ICAO, its officials, staff and employees shall not be liable for any claims or damages resulting from or arising out of the recognition of the TSP or the revocation of recognition thereof.

1.3.      The TSP shall indemnify, defend, and hold and save harmless ICAO, its officials, staff, employees and agents from and against all suits, proceedings, claims, demands, losses and liability of any kind or nature brought by any third party against ICAO, including, but not limited to, all litigation costs and expenses, attorney’s fees, settlement payments and damages arising from or relating to the recognition of the TSP. This obligation shall survive any termination or expiration of the term of the recognition of conformance to ICAO SARPs.

2.   TERM AND REVOCATION

2.1.      The recognition of conformance with ICAO SARPs for LPRs signifies and the TSP hereby confirms and expressly represents that the TSP satisfies that: 

a)      The aviation English language test submitted is in conformance with all of the criteria outlined in ICAO Doc 9835 – Manual on the Implementation of ICAO Language Proficiency Requirements.

 

2.2.      If at any time the TSP does not comply with the above conditions, the recognition shall become immediately null and void.

2.3       The term of the recognition for being in conformance with ICAO SARPs is valid for a period of three years and will be affirmed with the provision of a certificate.

2.4       Any form of ICAO recognition shall terminate automatically if:

a)      the test is misused or otherwise not used as indicated during test assessment; or

b)     test security is breached and the test is no longer reliable; or

c)      the TSP does not follow appropriate testing practices; or

d)     there is evidence of wrong doing or other inappropriate action by the TSP that goes against ICAO principles or practices for aviation English testing; or

e)      the test service provider no longer operates a service in good standing with local, regional or national regulations; or

f)      ICAO determines that any term and/or condition required by ICAO in accordance with these rules or any other ICAO policy or procedure is not satisfied; or

g)     ICAO determines to no longer recognize aviation English language tests under any current or future policy or programme; or

h)     no later than the anniversary date of recognition, unless a renewal has been mutually executed between ICAO and the TSP.

3.         PRIVILEGES AND IMMUNITIES

3.1.      ICAO may unilaterally amend or supplement the terms and conditions of the recognition as contained in these rules and/or in any other ICAO policy or procedure with a thirty (30) day prior notice.

3.2.      Nothing contained in or relating to these Terms and/or the recognition shall be deemed a waiver, express or implied, of any of the privileges and immunities of ICAO, its officials, staff and employees.

4.         TRANSFERABILITY

4.1       ICAO recognition is non-transferable.  ICAO only assesses tests that have been evaluated by a team of experts. ICAO recognition is therefore linked to a specific test submitted by a Test Service Provider and cannot be transferred to another test or to another product, service or provider, or generalized to various products and services. Claims about ICAO recognition shall reflect the nature of the recognition received and shall not imply having received any other recognition or approval from ICAO. 

5.         CONFIDENTIALITY

5.1       ICAO shall keep confidential all information about a submitted test and the nature of transactions between ICAO and that TSP. The TSP shall keep confidential any information about the test service received from ICAO that is considered sensitive or that is not for public use. 

6.         RIGHTS AND OWNERSHIP

6.1       The test recognized by ICAO as being in conformance with ICAO SARPs for LPR and ICAO Doc 9835 remains the full property and responsibility of the test owner. By granting this recognition, ICAO makes no claim about owning, using or modifying the test. ICAO recognition is limited to confirming that the test meets the criteria for good aviation English language tests as outlined in ICAO Doc 9835.