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Spēkā · redakcija pārbaudīta 2026-05-18
Stāšanās spēkā
Šis Nolīgums stājas spēkā dienā, kad tiek saņemta pēdējā nota
notu apmaiņā pa diplomātiskajiem kanāliem starp Līgumslēdzējām
Pusēm, apstiprinot, ka ir izpildītas to attiecīgās iekšējās
prasības, lai Nolīgums stātos spēkā.
TO APLIECINOT, apakšā parakstījušies, savu attiecīgo valdību
pienācīgi pilnvaroti pārstāvji, ir parakstījuši šo Nolīgumu divos
oriģināleksemplāros latviešu un angļu valodās, kur abi teksti ir
vienlīdz autentiski.
Atšķirīgas interpretācijas gadījumā noteicošais ir teksts
angļu valodā.
Parakstīts Abudžā 2022.gada 6.decembrī.
Latvijas
Republikas
valdības vārdā
Satiksmes ministrijas valsts
sekretāre
Ilonda Stepanova
Ruandas
Republikas
valdības vārdā
Ruandas Augstais Komisārs
Nigērijā
Stanislas Kamanzi
Maršrutu
saraksts
1
daļa:
Maršruti, kuros pārvadājumus veic Ruandas nozīmētā
aviokompānija vai aviokompānijas:
No
Starppunkti
Uz
Punkti aiz
Jebkuri punkti
Jebkuri punkti
Jebkuri punkti
Jebkuri punkti
2
daļa:
Maršruti, kuros pārvadājumus veic Latvijas nozīmētā
aviokompānija vai aviokompānijas:
No
Starppunkti
Uz
Punkti aiz
Jebkuri punkti
Jebkuri punkti
Jebkuri punkti
Jebkuri punkti
Piezīmes
1) Veicot Nolīgumā paredzēto satiksmi noteiktā maršrutā, katra
nozīmētā aviokompānija var, papildus šā Nolīguma 2.pantā (Tiesību
piešķiršana) noteiktajām tiesībām, pēc savas izvēles jebkurā vai
visos lidojumos:
a) veikt lidojumus vienā vai abos virzienos;
b) apvienot dažādus lidojumu numurus vienas gaisa kuģa
ekspluatācijas ietvaros;
c) apkalpot starppunktus un punktus Līgumslēdzēju pušu
teritorijās un aiz tām maršrutos jebkurā kombinācijā un jebkādā
secībā;
d) neapstāties jebkurā punktā vai punktos;
e) pārvietot satiksmi, tostarp kodu koplietošanas lidojumos,
no jebkura sava gaisa kuģa uz jebkuru no saviem pārējiem gaisa
kuģiem jebkurā maršruta punktā;
f) apkalpot punktus aiz jebkura punkta Līgumslēdzējas Puses,
kas nozīmējusi aviokompāniju, teritorijā ar gaisa kuģa vai
lidojuma numura maiņu vai bez tās, kā arī nodrošināt un reklamēt
šādus pakalpojumus sabiedrībai kā tiešos pakalpojumus; un
g) veikt apstāšanos jebkurā punktā gan Līgumslēdzēju Pušu
teritorijās, gan ārpus tām.
2) Katras Līgumslēdzējas Puses nozīmētajai aviokompānijai vai
aviokompānijām ir tiesības pabeigt savu gaisa pārvadājumu otras
Līgumslēdzējas Puses teritorijā.
3) Katras Līgumslēdzējas Puses nozīmētajām aviokompānijām ir
tiesības izmantot piektās brīvības satiksmes tiesības jebkurā
starppunktā un/vai punktā aiz Līgumslēdzēju Pušu robežām pēc
savas izvēles, veicot jebkurus pakalpojumus (pasažieru un/vai
kravas, atsevišķi vai kopā).
BILATERAL AIR
SERVICES AGREEMENT
BETWEEN
THE GOVERNMENT
OF THE REPUBLIC OF LATVIA
AND
THE GOVERNMENT
OF THE REPUBLIC OF RWANDA
CONTENTS
PREAMBLE
ARTICLE 1: DEFINITIONS
ARTICLE 2: GRANT OF TRAFFIC
RIGHTS
ARTICLE 3: DESIGNATION AND
AUTHORISATION
ARTICLE 4: WITHOLDING, REVOCATION,
SUSPENSION AND LIMITATION OF OPERATING AUTHORISATIONS
ARTICLE 5: APPLICATION OF LAWS
ARTICLE 6: AVIATION SAFETY
ARTICLE 7: AVIATION SECURITY
ARTICLE 8: MUTUAL RECOGNITION OF
CERTIFICATES AND LICENCES
ARTICLE 9: FAIR COMPETITION
ARTICLE 10: APPROVAL OF
SCHEDULES
ARTICLE 11: STATISTICS
ARTICLE 12: COOPERATIVE MARKETING
ARRANGEMENTS
ARTICLE 13: COMMERCIAL
ACTIVITIES
ARTICLE 14: TARIFFS
ARTICLE 15: CUSTOMS DUTIES AND OTHER
CHARGES
ARTICLE 16: USER CHARGES
ARTICLE 17: TRANSFER OF FUNDS
ARTICLE 18: LEASING
ARTICLE 19: INTERMODAL SERVICES
ARTICLE 20: EXCHANGE OF
INFORMATION
ARTICLE 21: CONSULTATIONS
ARTICLE 22: AMENDMENT OF
AGREEMENT
ARTICLE 23: SETTLEMENT OF
DISPUTES
ARTICLE 24: REGISTRATION
ARTICLE 25: TERMINATION
ARTICLE 26: ENTRY INTO FORCE
PREAMBLE
The Government of the Republic of Latvia and the Government of
the Republic of Rwanda (hereinafter referred to as "the
Contracting Parties");
Being parties to the Convention on International Civil
Aviation opened for signature at Chicago on the seventh day of
December 1944;
Desiring to conclude an Agreement in conformity with and
supplementary to the said Convention, for the purpose of
establishing and operating air services between and beyond their
respective territories;
Acknowledging the importance of air transportation as a means
of creating and fostering friendship, understanding and
co-operation between the people of the two countries;
Desiring to facilitate the expansion of international air
transport opportunities;
HAVE AGREED AS FOLLOWS:
ARTICLE 1:
DEFINITIONS
(1) For the purpose of this Agreement, unless the context
otherwise requires, the term:
a) "Convention" means the Convention on
International Civil Aviation, opened for signature at Chicago on
the 7 December 1944, and includes: (i) any amendment thereto
which has entered into force under Article 94(a) of the
Convention and has been ratified by both Contracting Parties; and
(ii) any annex or amendment adopted thereto under Article 90 of
that Convention, insofar as such annex or amendment is at any
given time effective for both Contracting Parties;
b) "aeronautical authorities" means in the case of
the Republic of Latvia, the Ministry of Transport; and in the
case of the Republic of Rwanda, the Ministry in charge of Civil
Aviation, and the Rwanda Civil Aviation Authority, or in both
cases, their successors or any person or body who may be
authorised to perform any functions at present exercisable by the
above-mentioned authorities or similar functions;
c) "agreed services" means scheduled international
air services which can be operated, according to the provisions
of this Agreement, on the specified routes;
d) "Agreement" means this Agreement, its Annex drawn
up in application thereof, and any amendment to the Agreement or
to the Annex;
e) "air service", "airline",
"international air service" and "stop for
non-traffic purposes" have the meanings respectively
assigned to them in Article 96 of the Convention;
f) "capacity" in relation to an aircraft means the
payload of that aircraft available on a route or section of a
route; "capacity" in relation of agreed services means
the capacity of the aircraft used in such service, multiplied by
the frequency of the flight operated by such aircraft over a
given period on a route or section of route;
g) "cargo" includes mail;
h) "designated airline" means an airline that has
been designated and authorised in accordance with Article 3
(Designation and Authorisation) of this Agreement;
i) "tariffs" means the prices which the designated
airlines charge for the carriage of passengers, baggage and cargo
and the conditions under which those prices apply, including the
commissions paid to agencies and other auxiliary services, but
excluding remuneration and conditions for carriage of mail;
j) "territory" in relation to the Contracting Party
has the meaning assigned to it in Article 2 of the Convention;
and
k) "user charges" means charges made to
airlines by the competent authorities or permitted by them to be
made for the provision of airport facilities, property and/or of
air navigation facilities, including related services and
facilities for aircraft, their crews, passengers, baggage and
cargo;
(2) All references to the words in singular shall be construed
to include the plural and all references to words in the plural
shall be construed to include the singular as the context
requires.
(3) In implementing this Agreement, the Contracting Parties
shall act in conformity with the provisions of the Convention
insofar as those provisions are applicable to international air
services.
(4) References in this Agreement to nationals of the Republic
of Latvia shall be understood as referring to nationals of
European Union Member States. References in this Agreement to the
airline or airlines of the Republic of Latvia shall be understood
as referring to the airline or airlines designated by the
Republic of Latvia.
(5) References in this Agreement to the "EU
Treaties" shall be understood as referring to the Treaty on
European Union and the Treaty on the Functioning of the European
Union.
ARTICLE 2: GRANT
OF TRAFFIC RIGHTS
(1) Each Contracting Party grants to the other Contracting
Party the rights specified in this Agreement to enable its
designated airlines to establish and operate agreed services.
(2) The designated airlines of each Contracting Party shall
enjoy the following rights:
a) the right to fly across the territory of the other
Contracting Party without landing;
b) the right to make stops in the territory of the other
Contracting Party for non-traffic purposes;
c) the right to make stops in the territory of the other
Contracting Party, for the purpose of taking on and/or
discharging international traffic in passengers, baggage and
cargo, separately or in any combination, while operating the
agreed services in the route schedule annexed to this Agreement;
and
d) the rights otherwise specified in this Agreement.
(3) Additionally, the airline(s) of each Contracting Party,
other than those designated under Article 3 (Designation and
Authorisation) of this Agreement, shall also enjoy the rights
specified in subparagraphs 2(a) and 2(b) of this Article.
(4) Nothing in this Article shall be deemed to confer on any
designated airlines of either Contracting Party the privilege of
taking on, in the territory of the other Contracting Party,
passengers, baggage and cargo carried for remuneration or hire
and destined for another point within the territory of that other
Contracting Party.
(5) 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 rearrangement of routes as
is mutually decided by the Contracting Parties.
(6) The designated airlines of either Contracting Party shall
have the right to use all airways, airports and other facilities
provided by the other Contracting Party on a non-discriminatory
basis.
(7) All rights granted in this Article by each Contracting
Party shall not be assigned to any other third party.
ARTICLE 3:
DESIGNATION AND AUTHORISATION
(1) The aeronautical authorities of each Contracting Party
shall have the right to designate one or more airline(s) for the
purpose of operating the agreed services and to withdraw or alter
the designation of any such airline or to substitute another
airline for one previously designated. Such designations and any
changes thereto shall be made in writing by the aeronautical
authorities of the Contracting Party having designated the
airline to the aeronautical authorities of the other Contracting
Party.
(2) On receipt of a notice of designation, substitution or
alteration thereto, and on application from the designated
airline in the form and manner prescribed, the other Contracting
Party shall, grant the appropriate operating authorisations with
minimum procedural delay, provided:
a) in the case of an airline designated by the Republic of
Rwanda:
(i) it is established in the territory of Republic of Rwanda
and is licensed in accordance with the applicable law of the
Republic of Rwanda,
(ii) effective regulatory control of the airline is exercised
and maintained by the Republic of Rwanda responsible for issuing
its air operator's certificate and the relevant aeronautical
authority is clearly identified in the designation; and
b) 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 EU Treaties and has a valid operating licence in
accordance with European Union law;
(ii) effective regulatory control of the airline is exercised
and maintained by the European Union Member State responsible for
issuing its air operator's certificate and the relevant
aeronautical authority is clearly identified in the
designation;
(iii) the airline is owned, directly or through majority
ownership, and it is effectively controlled by Member States of
the European Union or the European Free Trade Association and/or
by nationals of such states;
c) the designated airline is qualified to meet the conditions
prescribed under the laws and regulations normally applied to the
operation of international air services by the Contracting Party
considering the application; and
d) the Contracting Party designating the airline is
maintaining and administering the standards set forth in Article
6 (Aviation Safety) and Article 7 (Aviation Security) of this
Agreement.
(3) When an airline has been so designated and authorised, it
may begin at any time to operate the agreed services in whole or
in part, provided that the airline complies with the applicable
provisions of this Agreement.
ARTICLE 4:
WITHOLDING, REVOCATION, SUSPENSION AND LIMITATION OF OPERATING
AUTHORISATIONS
(1) The aeronautical authorities of each Contracting Party
shall, with respect to an airline designated by the other
Contracting Party, have the right to withhold, revoke, suspend,
limit, or impose conditions on the operating authorisation
where:
a) in the case of an airline designated by the Republic of
Rwanda:
(i) it is not established in the territory of the Republic of
Rwanda and is not licensed in accordance with the applicable laws
of the Republic of Rwanda; or
(ii) effective regulatory control of the airline is not
exercised or not maintained by the Republic of Rwanda responsible
for issuing its air operator's certificate, or the relevant
aeronautical authority is not clearly identified in the
designation; or
b) in the case of an airline designated by the Republic of
Latvia:
(i) it is not established in the territory of Latvia under the
EU Treaties or does not have a valid Operating Licence in
accordance with European Union law; or
(ii) effective regulatory control of the airline is not
exercised or not maintained by the European Union Member State
responsible for issuing its Air Operator Certificate, or the
relevant aeronautical authority is not clearly identified in the
designation; or
(iii) the airline is not owned, directly or through majority
ownership, or it is not effectively controlled by Member States
of the European Union or the European Free Trade Association
and/or by nationals of such states;
c) the airline is not qualified to meet other conditions
prescribed under the laws and regulations normally applied to the
operation of international air services by the Contracting Party
receiving the designation; or
d) the other Contracting Party designating the airline is not
maintaining and administering the standards as set forth in
Article 6 (Aviation Safety) and Article 7 (Aviation Security) of
this Agreement; or
e) the airline otherwise fails to operate in accordance with
the conditions prescribed under this Agreement.
(2) Unless immediate action is essential to prevent further
noncompliance with paragraph 1 of this Article, the rights
established by this Article shall be exercised only after
consultation with the aeronautical authorities of the other
Contracting Party, as provided for in Article 21 (Consultations)
of this Agreement.
(3) This Article does not limit the rights of either
Contracting Party to withhold, revoke, limit, suspend or impose
conditions on the operating authorisation of a designated airline
or airlines of the other Contracting Party in accordance with the
provisions of Article 6 (Aviation Safety) and Article 7 (Aviation
Security) of this Agreement.
(4) In the event of action by one Contracting Party under this
Article, the rights of the other Contracting Party under Article
23 (Settlement of Disputes) shall not be prejudiced.
ARTICLE 5:
APPLICATION OF LAWS
(1) While entering, within, or leaving the territory of one
Contracting Party, its laws and regulations relating to the
operation and navigation of aircraft shall be complied with by
the designated airline(s) of other Contracting Party.
(2) While entering, within, or leaving the territory of one
Contracting Party, its laws and regulations relating to the
admission to, or departure from its territory of passengers,
baggage, crew and cargo, on aircraft (including regulations
relating to entry, exit, clearance, aviation security,
emigration, immigration, passports, customs, currency, health,
quarantine and sanitary measures or in the case of mail, postal
laws and regulations) shall be complied with by or on behalf of
such passengers, baggage, crew and cargo of the other Contracting
Party's airline(s).
(3) Neither Contracting Party may grant any preference to its
own or any other airline(s) over the designated airline(s) of the
other Contracting Party in the application of the laws and
regulations provided for in this Article.
(4) Passengers, baggage and cargo in direct transit across the
territory of each Contracting Party and not leaving areas of the
airport reserved for such purpose shall, except in respect of
security measures against violence, air piracy, narcotics control
be subject to no more than a simplified control. Such baggage and
cargo in direct transit shall be exempt from customs duties,
excise taxes and other similar national and/or local fees and
charges.
ARTICLE 6:
AVIATION SAFETY
(1) Each Contracting Party may request consultations at any
time concerning safety standards maintained by the other
Contracting Party relating to aeronautical facilities, flight
crew, aircraft and operation of the designated airlines. 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 other Contracting Party
shall be notified of those findings and the steps considered
necessary to conform with those minimum standards, and the 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 4 (Witholding,
Revocation, Suspension and Limitation of Operating
Authorisations) of this Agreement.
(3) Notwithstanding the obligations mentioned in Article 33 of
the Convention, it is agreed that any aircraft operated by or,
under a lease arrangement, on behalf of an airline of one
Contracting Party on services to or from the territory of the
other Contracting Party, may, while within the territory of the
other Contracting Party, be made the subject of an examination by
the authorised representatives of the other Contracting Party
provided this does not cause unreasonable delay in the operation
of the aircraft. The purpose of this search shall be to verify
the validity of the relevant aircraft documentation, the
licensing of its flight crew, and the apparent condition of
aircraft and its equipment (in this Article called "ramp
inspection").
(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 that 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 flight 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 an airline of one
Contracting Party in accordance with paragraph (3) of this
Article is denied by a representative of that airline, the other
Contracting Party shall be free to infer that serious concerns of
the type referred to in paragraph (4) of this Article arise and
draw the conclusions referred to in that paragraph.
(6) Each Contracting Party reserves the right to suspend or
vary the operating authorisation of an airline 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, consultation or otherwise, that immediate action is
essential to the safety of an airline operation.
(7) Any action by one Contracting Party in accordance with
paragraphs (2) or (6) of this Article shall be discontinued once
the basis for taking that action ceases to exist.
ARTICLE 7:
AVIATION SECURITY
(1) Each Contracting Party may request consultations at any
time concerning security standards in any area relating to crew,
aircraft or their operation adopted by the other Contracting
Party. Such consultations shall take place within thirty (30)
days of the request.
(2) 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.
(3) 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, the
Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, signed at Montreal on 23 September,
1971 and the Supplementary Protocol for the Suppression
of Unlawful Acts of Violence at Airports Serving International
Civil Aviation, signed at Montreal on 24 February 1988, and
any other convention and protocol relating to the security of
civil aviation which both Contracting Parties adhere to.
(4) The Contracting Parties shall provide upon request all
practicable 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 relevant threat to the
security of civil aviation.
(5) The Contracting Parties shall, in their mutual relations,
act in conformity with the aviation security provisions
established by the International Civil Aviation Organization and
designated as annexes to the Convention to the extent that such
security provisions are applicable to the Contracting
Parties.
(6) In addition, the Contracting Parties 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 and the operators of airports in their
territory act in conformity with such aviation security
provisions as are applicable to the Contracting Parties.
(7) Each Contracting Party agrees that its operators of
aircraft referred to in paragraph (6) of this Article may be
required to observe the aviation security provisions referred to
in paragraph (5) of this Article applied by the other Contracting
Party for entry into, departure from, or while within the
territory of that other Contracting Party.
(8) Each Contracting Party shall ensure that measures are
effectively applied within its territory to protect the aircraft
and to ensure security screening of passengers, crew and carry-on
items and to carry out appropriate security checks on baggage,
cargo and aircraft stores prior to boarding or loading. Each
Contracting Party also agrees to give positive consideration to
any request from the other Contracting Party for reasonable
special security measures to meet a particular threat.
(9) 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 and
air navigation facilities occurs, the Contracting Parties shall
assist each other by facilitating communications and other
appropriate measures intended to terminate such incident or
threat as rapidly as possible commensurate with minimum risk to
life from such incident or threat.
(10) When a Contracting Party has reasonable grounds to
believe that the other Contracting Party has departed from the
provisions of this Article, the aeronautical authorities of the
first Contracting Party may request immediate consultations with
the aeronautical authorities of the other Contracting Party.
Failure to reach a satisfactory agreement within fifteen (15)
days from the date of such request shall constitute grounds for
the application of paragraph (1) of Article 4 (Withholding,
Revocation, Suspension and Limitation of Operating
Authorisations) of this Agreement. When required by an emergency,
a Contracting Party may take interim action under paragraph (1)
of Article 4 of this Agreement prior to the expiry of fifteen
(15) days. Any action taken in accordance with this paragraph
shall be discontinued upon compliance by the other Contracting
Party with the security provisions of this Article.
ARTICLE 8:
MUTUAL RECOGNITION OF CERTIFICATES AND LICENCES
(1) Certificates of airworthiness, certificates of competency
and licences issued, or rendered valid by one Contracting Party
and still in force, shall be recognised as valid by the other
Contracting Party for the purpose of operating the agreed
services on the specified routes, provided that the requirements
under which such certificates and licences were issued, or
rendered valid, are equal to or higher than the minimum
requirements which are, or may be in the future, established
under the Convention.
(2) Each Contracting Party, however, reserves the right to
refuse to recognise, for flights above its own territory,
certificates of competency and licences granted to its own
nationals by the other Contracting Party.
(3) If the privileges or conditions of the licences or
certificates issued or rendered valid by one Contracting Party
permit a difference from the standards established under the
Convention, whether or not such difference has been filed with
the International Civil Aviation Organization, the aeronautical
authorities of the other Contracting Party may, without prejudice
to the rights of the first Contracting Party under paragraph 2 of
Article 6 of this Agreement, request consultations with the
aeronautical authorities of the other Contracting Party in
accordance with Article 21 (Consultations) of this Agreement,
with a view to satisfying themselves that the practice in
question is acceptable to them. Failure to reach satisfactory
agreement shall constitute grounds for the application of
paragraph 1 of Article 4 of this Agreement.
ARTICLE 9: FAIR
COMPETITION
(1) Each Contracting Party shall allow a fair and equal
opportunity for the designated airlines to compete freely in
providing the international air transportation governed by this
Agreement.
(2) Each Contracting Party shall take all appropriate action
within its jurisdiction to eliminate all forms of discrimination
and anti-competitive or predatory practices in the exercise of
the rights and entitlements set out in this Agreement.
(3) Each Contracting Party shall allow the designated airlines
to determine the capacity and the number of frequencies to be
operated based upon commercial consideration in the marketplace.
Consistent with this right, neither Contracting Party shall
unilaterally limit the volume of traffic, frequencies or
regularity of service or the aircraft type(s) operated by the
designated airlines of the other Contracting Party, except as may
be required for customs, technical, operational or environmental
requirements under uniform conditions consistent with Article 15
of the Convention.
(4) Neither Contracting Party shall impose on the designated
airline(s) of the other Contracting Party, a first refusal
requirement, uplift ratio, no objection fee or any other
requirement with respect to capacity, frequencies or traffic
which would be inconsistent with the purposes of this
Agreement.
ARTICLE 10:
APPROVAL OF SCHEDULES
(1) The designated airline(s) of each Contracting Party shall
submit for approval to the aeronautical authorities of the other
Contracting Party thirty (30) days prior to the inauguration of
its international air services, the schedule of intended
services, specifying the frequency, the type of aircraft, and
period of validity. This requirement shall likewise apply to any
modification thereof.
(2) If a designated airline of a Contracting Party wishes to
operate ad-hoc flights supplementary to those covered in the
approved schedules, it shall obtain prior permission of the
aeronautical authorities of the Contracting Party concerned,
which shall give positive and favorable consideration to such
request.
ARTICLE 11:
STATISTICS
The aeronautical authorities of each Contracting Party shall
provide or cause its designated airline(s) to provide to the
aeronautical authorities of the other Contracting Party, at their
request, statistics relating to the traffic uplifted from and
discharged in the territory of that other Contracting Party as
may be reasonably required.
ARTICLE 12:
COOPERATIVE MARKETING ARRANGEMENTS
(1) In operating or holding out the agreed services on the
specified routes, any designated airline of one Contracting Party
may enter into cooperative marketing arrangements such as
code-sharing, blocked-space, with
a) an airline(s) of the same Contracting Party, or
b) an airline(s) of the other Contracting Party; or
c) an airline(s) of a third country,
provided that all airlines in such arrangements hold the
appropriate authority to operate on the routes and segments
concerned.
(2) In the event of code-sharing arrangement, the marketing
airline shall, in respect of any ticket sold by it, make it clear
to the purchaser at the point of sale which airline or airlines
will actually operate each sector of the service and with which
airline the purchaser is entering into a contractual
relationship.
(3) The Contracting Parties agree to take the necessary action
to ensure that consumers are fully informed and protected with
respect to code-share flights operating to or from their
territory and that, as a minimum, passengers be provided with the
necessary as provided for in paragraph 2 of this Article.
(4) All code-sharing arrangements shall have prior approval of
the appropriate aeronautical authorities before
implementation.
(5) It is the common understanding of both Contracting Parties
that code-share services are not counted against the frequency
entitlement of the marketing airline.
ARTICLE 13:
COMMERCIAL ACTIVITIES
(1) The designated airlines of each Contracting Party shall
have the right to establish in the territory of the other
Contracting Party offices for the purpose of selling and
marketing international air services as well as for other
ancillary products and facilities required for the provision of
air services.
(2) The designated airlines of each Contracting Party shall be
entitled, in accordance with the laws and regulations of the
other Contracting Party relating to entry, residence and
employment, to bring in and maintain in the territory of the
other Contracting Party managerial, operational, sales, technical
and specialist personnel of any nationality and representatives
as they may be required in connection with the provision of air
services.
(3) Such representatives and staff requirements mentioned in
paragraph 2 of this Article may, at the option of the designated
airline, be satisfied by its own personnel of any nationality or
by using the services of any other airline, organisation or
company operating in the territory of the other Contracting Party
and authorised to perform such services in the territory of such
other Contracting Party.
(4) The designated airlines of each Contracting Party shall,
either directly and at their discretion, through agents, have the
right to engage in the sale of air services and its ancillary
products and facilities in the territory of the other Contracting
Party.
(5) The designated airlines of each Contracting Party shall
have the right to sell, and any person shall be free to purchase,
such air services and its ancillary products and facilities in
local currency or in any other freely convertible currency.
(6) The designated airline of each Contracting Party shall
have the right to pay for local expenses in the territory of the
other Contracting Party in local currency or provided that this
is in accordance with local currency regulations, in any freely
convertible currencies.
(7) Each designated airline of one Contracting Party shall
have the right to provide their own ground handling services in
the territory of the other Contracting Party or otherwise to
contract these services out, in full or in part, at its option,
with any of the suppliers authorised for the provision of such
services. Where the laws and regulations applicable to ground
handling in the territory of one Contracting Party do not allow
self-handling or limit the freedom to contract these services
out, each designated airline shall be treated on a
non-discriminatory basis as regards their access to ground
handling services provided by a supplier or suppliers.
ARTICLE 14:
TARIFFS
(1) Each Contracting Party shall allow tariffs for air
transportation to be established by each designated airline of
the other Contracting Party based upon commercial considerations
in the marketplace. Intervention by the Contracting Parties shall
be limited to:
a) prevention of tariffs whose application constitutes
anti-competitive behavior which has or is likely to or intended
to have the effect of crippling a competitor or excluding a
competitor from a route;
b) protection of consumers from tariffs that are unreasonably
high or restrictive due to the abuse of a dominant position;
and
c) protection of designated airlines from tariffs that are
artificially low.
(2) Tariffs for international air transportation between the
territories of the Contracting Parties shall not be required to
be filed. Notwithstanding the foregoing, the designated airlines
of the Contracting Parties shall continue to provide immediate
access, on request, to information on historical, existing, and
proposed tariffs to the aeronautical authorities of the
Contracting Parties in manner and format acceptable to those
aeronautical authorities.
(3) Neither Contracting Party shall take unilateral action to
prevent the inauguration or continuation of a tariff proposed to
be charged or charged by a designated airline of either
Contracting Party for international air transportation. If either
Contracting Party believes that any such tariff is inconsistent
with the considerations set forth in paragraph 1 of this Article,
it shall request for consultations and notify the other
Contracting Party of the reasons for its dissatisfaction as soon
as possible. These consultations shall be held not later than
thirty (30) days after receipt of the request, and the
Contracting Parties shall cooperate in securing information
necessary for reasoned resolution of the issue. If the
Contracting Parties reach agreement with respect to a tariff for
which a notice of dissatisfaction has been given, each
Contracting Party shall use its best efforts to put that
agreement into effect. Without such mutual agreement to the
contrary, the tariff shall go into effect or continue in
effect.
ARTICLE 15:
CUSTOMS DUTIES AND OTHER CHARGES
(1) Each Contracting Party shall on the basis of reciprocity
exempt the designated airlines of the other Contracting Party to
the fullest extent possible under its national law from import
restrictions, custom duties, direct or indirect taxes, inspection
fees and all other national and/or local duties and charges on
aircraft as well as their regular equipment, fuel, lubricants,
maintenance equipment, aircraft tools, consumable technical
supplies, spare parts including engines, aircraft stores
including but not limited to such items as food, beverages,
liquor, tobacco and other products for sale to or use by
passengers during flight and other items intended for or used
solely in connection with the operation or servicing of aircraft
used by such designated airlines, as well as printed ticket
stock, airway bills, staff uniforms, computers and ticket
printers used by the designated airlines for reservations and
ticketing, any printed material which bears the insignia of the
designated airline printed thereon and usual publicity and
promotional materials distributed free of charge by such
designated airlines.
(2) The exemptions granted by this Article shall apply to the
items referred to in paragraph (1) of this Article which are:
a) introduced into the territory of one Contracting Party by
or on behalf of a designated airline of the other Contracting
Party;
b) retained on board the aircraft of a designated airline of
one Contracting Party upon arriving in and until leaving the
territory of the other Contracting Party and/or consumed during
flight over that territory; or
c) taken on board the aircraft of a designated airline of one
Contracting Party in the territory of the other Contracting Party
and intended for use in operating the agreed services;
whether or not such items are used or consumed wholly or
partly within the territory of the Contracting Party granting the
exemption, provided such items are not alienated in the territory
of the said Contracting Party.
(3) The regular airborne equipment, as well as the materials,
supplies and stores normally retained on board the aircraft used
by the designated airline of either Contracting Party may be
unloaded in the territory of the other Contracting Party only
with the approval of the customs authorities of that other
Contracting Party. In such case, they may be required to 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.
(4) The exemptions provided for by this Article shall also be
available in situations where the designated airline(s) of one
Contracting Party have entered into arrangements with another
airline(s), for the loan or transfer in the territory of the
other Contracting Party, of the regular equipment and the other
items referred to in paragraph 1 of this Article, provided that
that other airline enjoys the same exemption(s) from that other
Contracting Party.
ARTICLE 16: USER
CHARGES
(1) Each Contracting Party shall use its best efforts to
ensure that the user charges imposed or permitted to be imposed
by its competent charging bodies on the designated airlines of
the other Contracting Party for the use of airports and other
aviation facilities are just and reasonable. These charges shall
be based on sound economic principles and shall not be higher
than those paid by other airlines for such services.
(2) Neither Contracting Party shall give preference, with
respect to user charges, to its own or to any other airline(s)
engaged in similar international air services and shall not
impose or permit to be imposed, on the designated airline(s) of
the other Contracting Party user charges higher than those
imposed on its own designated airline(s) operating similar
international air services using similar aircraft and associated
facilities and services.
(3) Each Contracting Party shall encourage consultations
between its competent charging bodies and the designated airlines
of the other Contracting Party using the services and facilities,
where practicable through those airlines' representative
organisations. Each Contracting Party shall encourage the
competent charging bodies to provide users with reasonable notice
whenever possible of any proposal for changes in user charges
together with relevant supporting information and data, to enable
users to express their views before the charges are revised.
ARTICLE 17:
TRANSFER OF FUNDS
(1) Each Contracting Party shall grant to the designated
airline(s) of the other Contracting Party the right to transfer
freely the excess of receipts over expenditure earned by such
airline(s) in its territory in connection with the sale of air
services. Such transfers shall be effected in any convertible
currency, in accordance with the foreign exchange regulations of
the Contracting Party in the territory of which the revenue
accrued. Such transfer shall be effected on the basis of official
exchange rates or where there is no official exchange rate, such
transfers shall be effected on the basis of the prevailing
foreign exchange market rates for current payments.
(2) If a Contracting Party imposes restrictions on the
transfer of excess of receipts over expenditure by the designated
airlines of the other Contracting Party, that other Contracting
Party shall have a right to impose reciprocal restrictions on the
designated airlines of the first Contracting Party.
(3) In the event that there exists, a special agreement
between the Contracting Parties for the transfer of funds between
the two Contracting Parties, such agreement shall prevail.
ARTICLE 18:
LEASING
(1) Each Contracting Party may prevent the use of leased
aircraft for air services under this Agreement which does not
comply with Article 6 (Aviation Safety) and Article 7 (Aviation
Security) of this Agreement.
(2) Subject to paragraph 1 of this Article, the designated
airlines of each Contracting Party may use aircraft (or aircraft
and crew) leased from any company, including other airlines,
provided that this would not result in a lessor airline
exercising traffic rights it does not have.
ARTICLE 19:
INTERMODAL SERVICES
The designated airline(s) of each Contracting Party shall be
permitted to use surface modes of transport, subject to the
national laws and regulations of the Contracting Party receiving
the designated airline(s), in conjunction with the international
passenger and/or cargo air services.
ARTICLE 20:
EXCHANGE OF INFORMATION
The aeronautical authorities of both Contracting Parties shall
exchange information as needed in order to achieve close
cooperation and agreement in all matters pertaining to the
application of this Agreement.
ARTICLE 21:
CONSULTATIONS
(1) In a spirit of close cooperation, the aeronautical
authorities of the Contracting Parties shall consult each other
from time to time with a view to ensuring the implementation of
and satisfactory compliance with, the provisions of this
Agreement.
(2) Except as provided in Article 6 (Aviation Safety) and
Article 7 (Aviation Security) of this Agreement, either
Contracting Party may at any time request consultations on the
implementation, interpretation, application or amendment of this
Agreement and/or its Annex. Such consultations, which may be
through discussion or correspondence, shall begin within a period
of sixty (60) days from the date of receipt of such a request,
unless otherwise agreed by both Contracting Parties.
ARTICLE 22:
AMENDMENT OF AGREEMENT
(1) If either Contracting Party considers it desirable to
amend any provision of this Agreement or its Annex, it shall
notify the other Contracting Party in writing on the need for
amendment.
(2) Any amendment to this Agreement or its Annex agreed upon
by the Contracting Parties, shall enter into force upon the
completion of the exchange of diplomatic notes confirming such
agreement.
(3) This Agreement shall, subject to the necessary
changes, be deemed to have been amended by those
provisions of any international convention or multilateral
agreement which becomes binding on both Contracting Parties.
ARTICLE 23:
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 endeavor to
settle it by consultations or through diplomatic channels.
(2) If the Contracting Parties fail to reach a settlement by
consultations or through diplomatic channels, they may agree to
refer the dispute for decision to some person or body, as they
may agree on, for mediation.
(3) If the Contracting Parties do not agree to mediation, or
if a settlement is not reached by consultations or through
diplomatic channels, the dispute shall, at the request of either
Contracting Party, be submitted for decision to a tribunal of
three (3) arbitrators which shall be constituted in the following
manner:
a) within thirty (30) days of receipt of a written request for
arbitration, each Contracting Party shall appoint one arbitrator.
A national of a third State, who shall act as the President of
the tribunal, shall be nominated as the third arbitrator by the
two appointed arbitrators within sixty (60) days of the
appointment of the second arbitrator;
b) if within the time limits specified in subparagraph 3(a) of
this Article, any appointment has not been made, either
Contracting Party may, in writing, request the President of the
Council of the International Civil Aviation Organization to make
the necessary appointment within thirty (30) days. If the
President is of the same nationality as one of the Contracting
Parties, the most senior Vice President who is not disqualified
on that same ground shall make the appointment. In such case the
arbitrator or arbitrators appointed by the said President or the
Vice President as the case may be, shall not be nationals or
permanent residents of the Contracting Parties to this
Agreement.
(4) Except as hereinafter provided in this Article or
otherwise agreed by the Contracting Parties, the tribunal shall
determine the place where the proceedings will be held and the
limits of its jurisdiction in accordance with this Agreement. The
tribunal shall establish its own procedure. At the direction of
the tribunal, or at the written request of either of the
Contracting Parties, a conference to determine the precise issues
to be arbitrated shall be held not later than thirty (30) days
after the tribunal is fully constituted.
(5) Except as otherwise agreed by the Contracting Parties or
prescribed by the tribunal, each Contracting Party shall submit a
memorandum within forty-five (45) days after the tribunal is
fully constituted. Replies shall be due sixty (60) days later.
The tribunal shall hold a hearing at the request of either
Contracting Party, or at its discretion, within thirty (30) days
after replies are due.
(6) The tribunal shall attempt to give a written decision
within thirty (30) days after completion of the hearing or, if no
hearing is held, thirty (30) days after both replies are
submitted. The decision shall be taken by a majority vote.
(7) The Contracting Parties may submit written requests for
clarification of the decision within fifteen (15) days after they
receive the decision of the tribunal, and such clarification
shall be issued within fifteen (15) days of such request.
(8) The Contracting Parties shall comply with any stipulation,
provisional ruling or final decision of the tribunal.
(9) Subject to the final decision of the tribunal, each of the
Contracting Parties shall bear the costs of its arbitrator and an
equal share of the other costs of the tribunal, including any
expenses incurred by the President or Vice President of the
Council of the International Civil Aviation Organization in
implementing the procedures in subparagraph 3(b) of this
Article.
(10) If, and as long as, either Contracting Party fails to
comply with a decision contemplated in paragraph 6 of this
Article, the other Contracting Party may withhold, limit, suspend
or revoke any rights or privileges which it has granted under
this Agreement to the Contracting Party in default.
ARTICLE 24:
REGISTRATION
This Agreement and any amendments thereto shall be registered
upon their entry into force with the International Civil Aviation
Organization.
ARTICLE 25:
TERMINATION
(1) Either Contracting Party may at any time give notice in
writing through diplomatic channels to the other Contracting
Party of its decision to terminate this Agreement. Such notice
shall be simultaneously communicated to the International Civil
Aviation Organization. In such case the Agreement shall terminate
twelve (12) months after the date of receipt of notice by the
other Contracting Party, unless the notice to terminate is
withdrawn by agreement before the expiry of this period.
(2) In the absence of acknowledgment of receipt of a notice of
termination by the other Contracting Party, notice shall be
deemed to have been received by it fourteen (14) days after the
receipt of the notice by the International Civil Aviation
Organization.
ARTICLE 26:
ENTRY INTO FORCE
This Agreement shall enter into force on the date of the
receipt of the later note in an exchange of Notes through
diplomatic channels between the Contracting Parties, confirming
that their respective domestic requirements for bringing the
Agreement into force have been complied with.
IN WITNESS WHEREOF the undersigned being duly
authorised thereto by their respective Governments, have signed
this Agreement in two originals in the Latvian and English
languages, both texts being equally authentic.
In the case of divergency, the English language shall
prevail.
Done at Abuja on this 6 day of December of the year 2022.
FOR THE
GOVERNMENT
OF THE REPUBLIC
OF LATVIA
Ilonda Stepanova
Deputy State Secretary Ministry of Transport
FOR THE
GOVERNMENT
OF THE REPUBLIC
OF RWANDA
Stanislas
Kamanzi
Rwanda's High Commissioner to Nigeria
ROUTE
SCHEDULE
Section
1:
Routes to be operated by the designated airline(s) of
Rwanda:
FROM
INTERMEDIATE POINTS
TO
BEYOND POINTS
Any Points
Any Points
Any Points
Any Points
Section
2:
Routes to be operated by the designated airline(s) of
Latvia:
FROM
INTERMEDIATE POINTS
TO
BEYOND POINTS
Any Points
Any Points
Any Points
Any Points
NOTES
(1) While operating an agreed service on a specified route,
each designated airline may, in addition to the rights specified
in Article 2 (Grant of Rights) of this Agreement, on any or all
flights and at its option:
(a) operate flights in either or both directions;
(b) combine different flight numbers within one aircraft
operation;
(c) serve intermediate and beyond points and points in the
territories of the Contracting Parties on the routes in any
combination and in any order;
(d) omit stops at any point or points;
(e) transfer traffic, including code-sharing operations, from
any of its aircraft to any of its other aircraft at any point on
the routes;
(f) serve points behind any point in the territory of the
Contracting Party designating the airline with or without change
of aircraft or flight number and may hold out and advertise such
services to the public as through services; and
(g) make stopovers at any point whether within or outside the
territories of the Contracting Parties.
(2) The designated airline(s) of either Contracting Party
shall have the right to terminate its air services in the
territory of the other Contracting Party.
(3) The Designated Airlines of each Contracting Party are
entitled to exercise fifth freedom traffic rights at any
intermediate and/or beyond points of their own choice while
operating any type of services (passenger and/or cargo,
separately or in combination).