AIR SERVICES
AGREEMENT
between the Government of the Republic of Latvia and the
Government of the State of Kuwait
The Government of the Republic of Latvia and the Government of
the State of Kuwait, hereinafter referred to as "the
Contracting Parties";
Being parties to the Convention on International Civil
Aviation opened for signature at Chicago on 7 December 1944;
Desiring to conclude an Agreement in conformity with and
supplementary to the said Convention for the purpose of
establishing scheduled air services between and beyond their
respective territories based on the principle of reciprocity,
Have agreed as follows:
Article 1
Definitions
1. For the purposes of this Agreement, unless the context
otherwise requires:
a) the term "Convention" means the Convention
on International Civil Aviation opened for signature at Chicago
on 7 December 1944, and includes any Annex adopted under Article
90 of that Convention and any amendment of the Annexes and
Convention adopted under Articles 90 and 94 thereof so far as
those Annexes and amendments have become effective for or have
been ratified by both Contracting Parties;
b) the term "aeronautical authorities" means,
in the case of the Republic of Latvia, the Ministry of Transport,
and in the case of the State of Kuwait, the Directorate General
of Civil Aviation, or, in both cases, any other person or body
authorized to perform any functions at present exercised by the
said aeronautical authorities;
c) the term "designated airline" means an
airline which has been designated and authorized in accordance
with Article 4 of this Agreement;
d) the term "territory" in relation to the
Contracting Parties has the meaning assigned to it in Article 2
of the Convention;
e) the terms "air service", "international
air service", "airline" and "stop
for non-traffic purposes" have the meanings assigned
to them in Article 96 of the Convention;
f) the term "tariff" means the prices to be
charged for the carriage of passengers, baggage or cargo
(excluding mail), including any significant additional benefits
to be furnished or made available in conjunction with such
carriage, and the commission to be paid on the sales of tickets
for the carriage of persons, or on corresponding transactions for
the carriage of cargo. It includes also the conditions that
govern the applicability of the price for carriage or the payment
of commission;
g) the term "Annex" means the Annex to this
Agreement or as amended in accordance with the provisions of
Article 20 of this Agreement. The Annex forms an integral part of
this Agreement and all references to this Agreement shall
includes also references to the Annex except where explicitly
agreed otherwise.
2. Titles given to the Articles of this Agreement are for
reference purposes only.
3. References in this Agreement to nationals of the Republic
of Latvia shall be understood as referring to nationals of
European Community Member States. References in this Agreement to
airline or airlines of the Republic of Latvia shall be understood
as referring to airline or airlines designated by the Republic of
Latvia.
Article 2
Grant of traffic rights
1. Each Contracting Party grants to the other Contracting
Party the following rights in respect of the international air
services:
a) the right to fly across its territory without landing;
b) the right to make stops in its territory for non-traffic
purposes.
2. Each Contracting Party grants to the other Contracting
Party the rights specified in this Agreement for the purpose of
operating international air services on the routes specified in
the Annex to this Agreement. Such services and routes are
hereinafter called "the agreed services" and
"the specified routes" respectively. While
operating an agreed service on a specified route the airline or
airlines designated by each Contracting Party shall enjoy, in
addition to the rights specified in paragraph 1 of this Article,
the right to make stops in the territory of the other Contracting
Party at the points specified for that route in the Annex for the
purpose of taking on and/or discharging international traffic in
passengers, baggage, cargo and mail, separately or in combination
on a commercial basis.
3. Nothing in paragraph 2 of this Article shall be deemed to
confer on a designated airline of one Contracting Party the right
of taking on board, in the territory of the other Contracting
Party, passengers, cargo and mail carried for remuneration or
hire and destined for another point in the territory of that
other Contracting Party (cabotage).
4. If because of armed conflict, political disturbances or
developments, or special and unusual circumstances, a designated
airline of one Contracting Party is unable to operate a service
on its normal routing, the other Contracting Party shall use its
best efforts to facilitate the continued operation of such
service through appropriate temporary rearrangements of
routes.
Article 3
Recognition of certificates and licences
1. Certificate of airworthiness, certificates of competency
and licences issued or rendered valid by one of the Contracting
Parties shall, during the period of their validity, be recognized
as valid by the other Contracting Party, provided that the
requirements under which such certificates or licences were
issued or rendered valid are equal to or above the minimum
standards which may be established pursuant to the
Convention.
2. Each Contracting Party reserves the right, however, to
refuse to recognize as valid, for the purpose of flights over its
own territory, certificate of competency and licences granted to
or rendered valid for its own nationals by the other Contracting
Party or by any other State.
Article 4
Designation of airlines and operating authorization
1. Each Contracting Party shall have the right to designate in
writing to the other Contracting Party one or several airlines
for the purpose of operating the agreed services on the specified
routes.
2. Each Contracting Party shall have the right to withdraw or
alter such designation by written notification to other
Contracting Party.
3. On receipt of such a designation the other Contracting
Party shall grant the appropriate authorisations and permissions
with minimum procedural delay, provided:
a) In the case of an airline designated by the Republic of
Latvia:
i) it is established in the territory of the Republic of
Latvia under the Treaty establishing the European Community and
has a valid Operating Licence in accordance with European
Community law; and
ii) effective regulatory control of the airline is exercised
and maintained by the European Community Member State responsible
for issuing its Air Operator's Certificate and the relevant
aeronautical authority is clearly identified in the
designation.
b) In the case of an airline designated by the State of
Kuwait:
i) it is established in the territory of the State of Kuwait
and is licensed in accordance with the applicable law of the
State of Kuwait; and
ii) effective regulatory control of the airline is exercised
and maintained by the State of Kuwait responsible for issuing its
Air Operator's Certificate and the relevant aeronautical
authority is clearly identified in the designation.
c) The aeronautical authorities of one Contracting Party may
require an airline designated by the other Contracting Party to
satisfy them that it is qualified to fulfil the conditions
prescribed under the laws and regulations normally and reasonably
applied to the operation of international air services by such
authorities in conformity with the provisions of the
Convention.
4. When an airline has been so designed and authorized it may
begin at any time to operate the agreed services, provided that
the airline complies with all applicable provisions of this
Agreement, including those relating to tariffs.
Article 5
Refusal, revocation or suspension of operating authorization
1. Either Contracting Party may revoke, suspend or limit the
operating authorisation or technical permissions of an airline
designated by the other Contracting Party where:
a) In the case of an airline designated by the Republic of
Latvia:
i) it is not established in the territory of the Republic of
Latvia under the Treaty establishing the European Community or
does not have a valid Operating Licence in accordance with
European Community law; or
ii) effective regulatory control of the airline is not
exercised or not maintained by the European Community Member
State responsible for issuing its Air Operator's Certificate, or
the relevant aeronautical authority is not clearly identified in
the designation.
iii) the airline is already authorised to operate under a
bilateral Agreement between the State of Kuwait and another EC
Member State and the State of Kuwait can demonstrate that, by
exercising traffic rights under this Agreement on a route that
includes a point that other EC Member State, the airline would be
circumventing restrictions on traffic rights imposed by a
bilateral Agreement between the State of Kuwait and that other
Member State; or
iv) the airline holds an Air Operator's Certificate issued by
a EC Member State and there is no bilateral Air Services
Agreement between the State of Kuwait and that EC Member State,
and that EC Member State has denied traffic rights to the
airlines designated by the State of Kuwait.
b) In the case of an airline designated by the State of
Kuwait:
i) it is not established in the territory of the State of
Kuwait or is not licensed in accordance with the applicable law
of the State of Kuwait; or
ii) effective regulatory control of the airline is not
exercised and maintained by the State of Kuwait responsible for
issuing its Air Operator's Certificate or the relevant
aeronautical authority is not clearly identified in the
designation.
c) in the case of failure by that airline to comply with the
laws and regulations of the Contracting Party granting these
rights, or
d) in any case in which that airline otherwise fails to
operate the agreed services in accordance with the conditions
prescribed under this Agreement.
e) in the case of failure by the other Contracting Party to
comply with or apply the Security and Safety standards in
accordance with Articles 15 and 16 of this Agreement.
2. Unless immediate revocation, suspension or imposition of
the conditions mentioned in paragraph 1 of this Article is
essential to prevent further infringements of laws and/or
regulations, such right shall be exercised only after
consultations with the aeronautical authorities of the other
Contracting Party. Such consultations shall begin within a period
of thirty (30) days from the date of a request for
consultations.
Article 6
Non-discrimination in respect of charges
1. The charges levied in the territory of either Contracting
Party for the use of airports and other aviation facilities by
the aircraft of any designated airline of the other Contracting
Party shall not be higher than those levied on aircraft of
national airline engaged in similar international air
services.
2. The charges for the use of airports, or any other aviation
services and facilities, or any similar charges or fees levied in
connection with the operation of international air services shall
be assessed on a cost-related basis; presentation of the relevant
proof may be requested. The same applies to charges for handling
passengers, baggage and cargo and for handling aircraft at
airports with only one provider.
3. The charges and fees shall be expressed and payable in
national currency.
Article 7
Exemption from customs and other duties
1. Aircraft operated on international air services by a
designated airline of one Contracting Party, as well as their
regular equipment, spare parts, supplies of fuel and lubricants,
aircraft stores (including food, beverages and tobacco) on board
such aircraft shall be exempted from all customs duties,
inspection fees and other similar charges on arriving in the
territory of the other Contracting Party, provided such
equipment, spare parts, supplies and stores remain on board the
aircraft up to such time as they are re-exported or are used or
consumed by such aircraft on flights over that territory.
2. There shall also be exempt from the duties, fees and
charges referred to in paragraph 1 of this Article, with the
exception of charges based on the cost of the service
provided:
a) aircraft stores taken on board in the territory of one
Contracting Party within reasonable limits, for use on an
outbound aircraft engaged in an international air service of a
designated airline of the other Contracting Party;
b) spare parts, including engines, introduced into the
territory of one Contracting Party for the maintenance or repair
of aircraft engaged in an international air service of a
designated airline of the other Contracting Party;
c) fuel, lubricants and consumable technical supplies
introduced into or supplied in the territory of one Contracting
Party for use in an international air service of a designated
airline of the other Contracting Party, even when these supplies
are to be used on the part of the journey performed over the
territory of the other Contracting Party, in which territory they
are taken on board.
3. Materials referred to in paragraph 2 of this Article may be
required to be kept under Customs supervision or control.
4. The regular airborne equipment, as well as the materials,
supplies and spare parts normally retained on board aircraft
operated by a designated airline of one Contracting Party, may be
unloaded in the territory of the other Contracting Party only
with the approval of the customs authorities of that Contracting
Party. In such case, they may be placed under the supervision of
the said authorities up to such time as they are re-exported or
otherwise disposed of in accordance with customs regulations.
5. Necessary documents, such as timetables, air tickets and
air waybills, intended for the use of a designated airline of one
Contracting Party and introduced into the territory of the other
Contracting Party, shall be exempted from customs duties and
taxes in the latter territory.
6. Baggage and cargo in direct transit across the territory of
a Contracting Party shall be exempted from customs duties, fees
and other similar charges not based on the cost of services on
arrival or departure.
Article 8
Capacity provisions
1. The designated airlines of the Contracting Parties shall
have fair and equal opportunity to operate the agreed services on
any route specified in the Annex to this Agreement.
2. In operating the agreed services the designated airline or
airlines of each Contracting Party shall take into account the
interests of the designated airline or airlines of the other
Contracting Party so as not to affect unduly the services which
the latter provide on the whole or any part of the same
routes.
3. The agreed services provided by the designated airlines of
the Contracting Parties shall retain as their primary objective
the provision, at a reasonable load factor, of capacity adequate
to the current and reasonably anticipated requirements for the
carriage of passengers and cargo, including mail, coming from or
destined for the territory of the Contracting Party which has
designated the airline or airlines.
4. The right to take up or discharge on the agreed services
international traffic destined for and coming from third
countries at a point or points on the routes specified in the
Annex to this Agreement shall be exercised in accordance with the
general principles of orderly development of international air
transport and shall be subject to the general principle that
capacity should be related to:
a) the traffic requirements between the country of origin and
the countries of ultimate destination of the traffic;
b) the requirements of through airline operations; and
c) the traffic requirements of the area through which the
airline passes, after taking account of local and regional air
services.
Article 9
Approval of traffic programmes
1. The airline or airlines designated by one Contracting Party
shall submit its or their traffic programmes (for the Summer and
Winter Traffic periods) for approval to the aeronautical
authorities of the other Contracting Party at least thirty (30)
days prior to the beginning of the operation. The programme shall
include in particular the timetables, the frequency of the
services and the types of aircraft to be used. The aeronautical
authorities shall give their decision on such traffic programme
submissions within twenty (20) days from the date the airline
concerned submits its programme for approval.
2. Each alteration in the traffic programme as well as
requests for permission to operate additional flights shall be
submitted by the airline or airlines designated by one
Contracting Party for approval to the aeronautical authorities of
the other Contracting Party. Such requests for alteration or for
additional flights shall be dealt with promptly by the
aeronautical authorities.
Article 10
Information and statistics
The aeronautical authorities of either Contracting Party shall
supply to the aeronautical authorities of the other Contracting
Party, at their request, such information and statistics relating
to traffic carried on the agreed services by the designated
airline or airlines of the first Contracting Party to and from
the territory of the other Contracting Party as may normally be
prepared and submitted to its national aeronautical authorities.
Any additional statistical traffic data which the aeronautical
authorities of one Contracting Party may desire shall, upon
request, be a subject of mutual discussion and agreement between
the aeronautical authorities of the two Contracting Parties.
Article 11
Tariffs
1. The tariffs to be charged by a designated airline for
passengers on the routes specified in accordance with paragraph 2
of Article 2 of this Agreement shall be subject to approval by
the aeronautical authorities of the Contracting Party in whose
territory the point of departure of the journey (according to the
information in the transport documents) is situated.
2. In their tariffs, the designated airlines shall take into
account the cost of operation, a reasonable profit, the
prevailing conditions of competition and of the market as well as
the interests of transport users. The competent aeronautical
authorities may refuse to approve a tariff only if it does not
comply with these criteria.
3. The tariffs shall be submitted by the designated airlines
to the aeronautical authorities for approval at least thirty (30)
days prior to the envisaged date of their introduction.
4. If the aeronautical authorities of either Contracting Party
do not consent to a tariff submitted for their approval, they
shall inform the airline concerned within twenty (20) days after
the date of submission of the tariff. In such case, this shall
not be applied. The tariff applied up to that time which was to
be replaced by the new tariff shall continue to be applied.
Article 12
Fair competition
1. There shall be fair and equal opportunity for the
designated airlines of both Contracting Parties to participate in
international air transportation covered by this Agreement.
2. Each Contracting Party shall, where necessary, take all
appropriate action within its jurisdiction to eliminate all forms
of discrimination or unfair competitive practices adversely
affecting the competitive position of the airlines of the other
Contracting Party.
Article 13
Commercial activities
1. The designated airline or airlines of each Contracting
Party shall have the right to maintain in the territory of the
other Contracting Party, within the scope of the laws and
regulations in force therein, such offices and administrative,
commercial and technical personnel as may be necessary for the
requirements of the designated airline concerned.
2. The establishment of the offices and the employment of the
personnel referred to in paragraph 1 shall be subject to the laws
and regulations of the Contracting Party concerned, such as the
laws and regulations relating to the admission of foreigners and
their stay in the territory of the Contracting Party concerned.
The personnel employed in the offices according to paragraph 1
above shall be granted work permits upon application, regardless
of the situation and the development of the labour market.
3. The designated airlines of the Contracting Parties shall be
free to sell air transport services on their own transportation
documents in the territories of both Contracting Parties, either
directly or through an agent, in the national currency. Each
Contracting Party shall refrain from restricting the right of the
designated airline or airlines of the other Contracting Party to
sell, and of any person to purchase such transportation.
Article 14
Taxation and transfer of funds
1. Profits of the designated airlines of the Contracting Party
from the international traffic shall be taxable only on the
territory of that Contracting Party.
2. The designated airlines of the Contracting Parties shall be
free to transfer the excess of the receipts over expenditure in
the territory of the sale.
3. Such transfers shall be effected in a freely convertible
currency at the official rate of exchange and shall not, with the
exception of normal banking charges and procedures, be subject to
any charge, limitation, imposition or delay.
4. Where a special Agreement for avoidance of double taxation
with respect to taxes on income and capital exists between the
Contracting Parties, the provisions of this Agreement shall
prevail.
Article 15
Aviation security
1. Consistent with their rights and obligations under
international law, the Contracting Parties reaffirm that their
obligation to each other to protect the security of civil
aviation against acts of unlawful interference forms an integral
part of this Agreement. Without limiting the generality of their
rights and obligations under international law, the Contracting
Parties shall in particular act in conformity with the provisions
of the Convention on Offences and Certain Other Acts Committed on
Board Aircraft, signed at Tokyo on 14 September 1963, the
Convention for the Suppression of Unlawful Seizure of Aircraft,
signed at the Hague on 16 December 1970 and the Convention for
the Suppression of Unlawful Acts against the Safety of Civil
Aviation, signed at Montreal on 23 September 1971 and the
Protocol for the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation, signed at Montreal
on February 24 1988 or any other aviation security convention to
which the two Contracting Parties may adhere.
2. The Contracting Parties shall provide upon request all
necessary assistance to each other to prevent acts of unlawful
seizure of civil aircraft and other unlawful acts against the
safety of such aircraft, their passengers and crew, airports and
air navigation facilities, and any other threat to the security
of civil aviation.
3. The Contracting Parties shall act in conformity with the
aviation security provisions and technical requirements
established by the International Civil Aviation Organization and
designated as Annexes to the Convention to the extent that such
security provisions and requirements are applicable to the
Contracting Parties; they shall require that operators of
aircraft of their registry or operators of aircraft who have
their principal place of business or permanent residence in their
territory act in conformity with such aviation security
provisions.
4. Each Contracting Party agrees that such operators of
aircraft may be required to observe the aviation security
provisions and requirements referred to in paragraph 3 above
required by the other Contracting Party for entry into, departure
from, or while within the territory of that other Contracting
Party. Under the law applicable each Contracting Party shall
ensure that adequate measures are effectively applied within its
territory to protect the aircraft and to inspect passengers,
crew, carry-on items, baggage, cargo and aircraft stores prior to
and during boarding or loading. Each Contracting Party shall also
give sympathetic consideration to any request from the other
Contracting Party for reasonable special security measures to
meet a particular threat.
5. When an incident or threat of an incident of unlawful
seizure of civil aircraft or other unlawful acts against the
safety of such aircraft, their passengers and crew, airports or
air navigation facilities occurs, the Contracting Parties shall
assist each other by facilitating communications and other
appropriate measures intended to terminate rapidly and safely
such incident or threat thereof.
6. Should a Contracting Party depart from the aviation
security provisions of this Article, the aeronautical authorities
of the other Contracting Party may request immediate
consultations with the aeronautical authorities of the former
Contracting Party. Failure to reach a satisfactory agreement
within one month of the date of such request shall constitute
grounds for withholding, revoking, limiting or imposing
conditions on the operating authorization of an airline or
airlines of the former Contracting Party. If required by a
serious emergency, either Contracting Party may take interim
action prior to the expiry of the month.
Article 16
Aviation safety
1. Each Contracting Party may request consultations at any
time concerning safety standards in any area relating to aircrew,
aircraft or their operation adopted by the other Contracting
Party. Such consultations shall take place within thirty (30)
days of that request.
2. If, following such consultations, one Contracting Party
finds that the other Contracting Party does not effectively
maintain and administer safety standards in any such area that
are at least equal to the minimum standards established at that
time pursuant to the Convention, the first Contracting Party
shall notify the other Contracting Party of those findings and
the steps considered necessary to conform with those minimum
standards, and that other Contracting Party shall take
appropriate corrective action. Failure by the other Contracting
Party to take appropriate action within fifteen (15) days or such
longer period as may be agreed, shall be grounds for the
application of Article 5 of this Agreement.
3. Notwithstanding the obligations mentioned in Article 33 of
the Convention it is agreed that any aircraft operated by or,
under the lease agreement, on behalf of the airline or airlines
of one Contracting Party on services to or from the territory of
another Contracting Party may, while within the territory of the
other Contracting Party, be made the subject of an examination by
the authorized representatives of the other Contracting Party, on
board and around the aircraft to check both the validity of the
aircraft documents and those of its crew and the apparent
condition of the aircraft and its equipment (in this Article
called "ramp inspection"), provided this does not lead
to unreasonable delay.
4. If any such ramp inspection or series of ramp inspections
gives rise to:
a) serious concerns that an aircraft or the operation of an
aircraft does not comply with the minimum standards established
at the time pursuant to the Convention, or
b) serious concerns that there is a lack of effective
maintenance and administration of safety standards established at
that time pursuant to the Convention,
the Contracting Party carrying out the inspection shall, for
the purposes of Article 33 of the Convention, be free to conclude
that the requirements under which the certificate or licences in
respect of that aircraft or in respect of the crew of that
aircraft had been issued or rendered valid, or that the
requirements under which that aircraft is operated, are not equal
to or above the minimum standards established pursuant to the
Convention.
5. In the event that access for the purpose of undertaking a
ramp inspection of an aircraft operated by, or, on behalf of the
airline of one Contracting Party in accordance with paragraph 3
of this Article is denied by the representative of that airline
or airlines, the other Contracting Party shall be free to infer
that serious concerns of the type referred to in paragraph 4
above arise and draw the conclusions referred to in that
paragraph.
6. Each Contracting Party reserves the right to suspend or
vary the operating authorization of an airline or airlines of the
other Contracting Party immediately in the event the first
Contracting Party concludes, whether as a result of a ramp
inspection, a series of ramp inspections, a denial of access for
ramp inspection, consultations or otherwise, that immediate
action is essential to the safety of an airline operation.
7. Any action by one Contracting Party in accordance with
paragraph 2 or 6 above shall be discontinued once the basis for
the taking of that action ceases to exist.
Article 17
Application of laws and regulations
1. The laws and regulations of one Contracting Party relating
to the entry into, or departure from its territory of aircraft
engaged in international air services or to the operation and
navigation of such aircraft while in the said territory shall
apply to the designated airline or airlines of the other
Contracting Party.
2. The laws and regulations of one Contracting Party governing
entry into, stay in or departure from its territory of
passengers, crew, cargo or mail, such as formalities regarding
entry, exit, emigration, immigration, customs, currency, health
and quarantine shall apply to passengers, crew, cargo and mail
carried by the aircraft of the designated airline or airlines of
the other Contracting Party, while they are within the said
territory.
3. Passengers, baggage and cargo in direct transit across the
territory of either Contracting Party and not leaving the area of
the airport reserved for such purposes shall, except in respect
of security measures against acts of violence, air piracy, as
well as smuggling of narcotic drugs, be subject to no more than a
simplified control.
4. In case a carried passenger fails to comply with laws and
regulations for enter into the country of other Contracting Party
an airline is obliged to transport him back on costs of this
airline.
Article 18
Consultations
In a spirit of close co-operation the aeronautical authorities
of the Contracting Parties shall consult each other from time to
time with a view to ensure the implementation of and satisfactory
compliance with the provisions of this Agreement and the Annex
thereto.
Article 19
Settlement of disputes
1. If any dispute arises between the Contracting Parties
relating to the interpretation or application of this Agreement,
the Contracting Parties shall, in the first place, endeavour to
settle it by negotiation.
2. If the Contracting Parties fail to reach a settlement by
negotiation, they may agree to refer the dispute for decision to
some person or body; if they do not so agree, the dispute shall,
at the request of either Contracting Party, be submitted for
decision to a tribunal of three arbitrators, one to be nominated
by each Contracting Party and the third to be appointed by the
two so nominated. Each of the Contracting Parties shall nominate
an arbitrator within a period of sixty (60) days from the date of
receipt by either Contracting Party from the other Contracting
Party of a notice through diplomatic channels requesting
arbitration of the dispute by such a tribunal, and the third
arbitrator shall be appointed within a further period of sixty
(60) days.
If either of the Contracting Parties fails to nominate an
arbitrator within the period specified, the President of the
Council of the International Civil Aviation Organization may at
the request of either Contracting Party appoint an arbitrator or
arbitrators as the case requires. In all cases, the third
arbitrator shall be a national of a third State and shall act as
President of the arbitral tribunal. The arbitral tribunal shall
reach its decision by majority of votes. In all other respects
the arbitral tribunal shall determine its own procedure.
3. The Contracting Parties undertake to comply with any
decisions given under paragraph 2 of this Article.
4. If and for so long as either Contracting Party fails to
comply with a decision given under paragraph 2 of this Article,
the other Contracting Party may limit, suspend or revoke any
rights or privileges which it has granted by virtue of this
Agreement to the Contracting Party in defaults.
5. Each Contracting Party shall bear the expenses and
remuneration necessary for its arbitrator; the fee for the third
arbitrator and the expenses necessary for this one as well as
those due to the activity of the arbitration shall be equally
shared by the Contracting Parties.
Article 20
Amendments
1. If either of the Contracting Party desires to modify any
provision of this Agreement including an annex, it should be
after consultation in accordance with Article 18 of this
Agreement.
2. This Agreement may be modified and supplemented by mutual
consent of both Contracting Parties. Such amendment and
supplements shall be made in a form of separate protocols being
an integral part of this Agreement and shall enter into force in
accordance with the provisions of Article 23 of this
Agreement.
3. If the amendment relates only to the provisions of the
Annex to this Agreement, it may be agreed upon directly between
the aeronautical authorities of both Contracting Parties and
would be effective from the date agreed upon by the aeronautical
authorities.
Article 21
Registration
This Agreement and any amendments thereto shall be registered
with the International Civil Aviation Organization by both
Contracting Parties.
Article 22
Termination
Either Contracting Party may at any time give notice in
writing to the other Contracting Party of its decision to
terminate this Agreement. Such notice shall be simultaneously
communicated to the International Civil Aviation Organization.
This Agreement shall terminate at midnight (at local time of the
Contracting Party, which has received the notice) upon expiration
of twelve (12) months from the date of receipt of the notice by
the other Contracting Party, unless the notice is withdrawn by
agreement before the end of this period. In the absence of
acknowledgement of receipt by the other Contracting Party, the
notice shall be deemed to have been received fourteen (14) days
after receipt of the notice by the International Civil Aviation
Organization.
Article 23
Entry into force
This Agreement shall enter into force on the date of the later
of notifications the two Contracting Parties have notified each
other through diplomatic channels that the requirements for its
entry into force under their respective internal procedures have
been fulfilled.
Done at State of Kuwait this "Tenth" day of November
2009 in two originals in the Latvian, Arabic and English
languages. All texts being equally authentic. In the case of
dispute, the English text shall prevail.
For the Government of
the Republic of Latvia: |
For the Government of
the State of Kuwait: |
|
|
Maris Riekstins
Minister of Foreign Affairs |
Dr. Mohammed Mohsen Al-Busairi
Minister of Communications
and
Minister of State for
National Assembly Affairs |
Annex
to the Air Services Agreement between the Government of the
Republic of Latvia and the Government of the State of Kuwait
ROUTE SCHEDULE
1. SCHEDULE 1
Routes to be operated by the designated airline or airlines of
the Republic of Latvia:
From |
Intermediate points |
To |
Points beyond |
|
|
|
|
Points in
Latvia |
To be
specified |
Points in
Kuwait |
To be
specified |
|
|
|
|
Any points |
|
Any points |
|
2. SCHEDULE 2
Routes to be operated by the designated airline or airlines of
the State of Kuwait:
From |
Intermediate points |
To |
Points beyond |
|
|
|
|
Points in
Kuwait |
To be
specified |
Points in
Latvia |
To be
specified |
|
|
|
|
Any points |
|
Any points |
|
3. No fifth freedom traffic rights shall be exercised between
intermediate points or points beyond and the territory of the
other Contracting Party unless an agreement to that effect is
made between the two aeronautical authorities of the Contracting
Parties.