23. pants

Stāšanās spēkā

Šis Nolīgums stājas spēkā dienā, kad saņemts pēdējais

rakstiskais paziņojums, ar kuru Līgumslēdzējas Puses pa

diplomātiskajiem kanāliem informē viena otru par nepieciešamo

iekšējo procedūru izpildi, lai tas stātos spēkā.

Parakstīts Kuveitas Valstī 2009.gada desmitajā novembra dienā

divos oriģināleksemplāros latviešu, arābu un angļu valodā. Visi

teksti ir vienlīdz autentiski. Strīda gadījumā noteicošais ir

teksts angļu valodā.

Latvijas Republikas

valdības vārdā:

Kuveitas Valsts

valdības vārdā:

Māris Riekstiņš

Ārlietu ministrs

Muhameds Muhsens Albusairī

Satiksmes ministrs

un Nacionālās asamblejas lietu

valsts ministrs

Latvijas Republikas valdības un Kuveitas Valsts valdības nolīguma

par gaisa satiksmi

pielikums

MARŠRUTU SARAKSTS

1. 1.SARAKSTS

Maršruti, kuros pārvadājumus veic Latvijas Republikas nozīmētā

aviokompānija vai aviokompānijas:

No

Starppunkti

Uz

Punkti aiz

Punkti

Latvijā

Tiks

precizēti

Punkti

Kuveitā

Tiks

precizēti

Jebkuri

punkti

Jebkuri

punkti

2. 2.SARAKSTS

Maršruti, kuros pārvadājumus veic Kuveitas Valsts nozīmētā

aviokompānija vai aviokompānijas:

No

Starppunkti

Uz

Punkti aiz

Punkti

Kuveitā

Tiks

precizēti

Punkti

Latvijā

Tiks

precizēti

Jebkuri

punkti

Jebkuri

punkti

3. Starppunktos vai punktos aiz otras Līgumslēdzējas Puses

teritorijas nedrīkst izmantot piektās brīvības satiksmes

tiesības, izņemot, ja par to panākta vienošanās starp abu

Līgumslēdzēju Pušu aviācijas institūcijām.

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.