View Treaty - E105570
Agreement between the Government of Canada and the Government of the State of Kuwait on Air Transport
THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE STATE OF KUWAIT, hereinafter referred to as the Contracting Parties,
BEING PARTIES to the Convention on International Civil Aviation, done at Chicago on 7 December 1944;
DESIRING to ensure the highest degree of safety and security in international air transportation;
RECOGNIZING the importance of international air transportation in promoting trade, tourism and investment;
DESIRING to promote their interests in respect of international air transportation; and
DESIRING to conclude an agreement on air transport;
HAVE AGREED as follows:
Article 1
Definitions
For the purpose of this Agreement, unless otherwise stated:
“Aeronautical authorities” means, in the case of Canada, the Minister of Transport and the Canadian Transportation Agency and, in the case of the State of Kuwait, the Directorate General of Civil Aviation, or, in both cases, any other authority or person empowered to perform the functions exercised by those authorities;
“Agreed services” means scheduled air services on the routes specified in this Agreement for the transport of passengers and cargo, including mail, separately or in combination;
“Agreement” means this Agreement, any Annex, and any amendments to the Agreement or to any Annex;
“Convention” means the Convention on International Civil Aviation done at Chicago on 7 December 1944 and includes any Annex adopted under Article 90 of that Convention and any amendment of the Annexes or of the Convention under Articles 90 and 94 thereof so far as those Annexes and amendments have been adopted by both Contracting Parties;
“Designated airline” means an airline which has been designated and authorized in accordance with Articles 3 and 4 of this Agreement;
“Territory” means: for each Contracting Party, its land areas (mainland and islands), internal waters and territorial sea as determined by its domestic law, and includes the air space above these areas;
“Air services”, “International air service”, “Airline” and “Stop for non-traffic purposes” have the meaning respectively assigned to them in Articles 2 and 96 of the Convention.
Article 2
Grant of Rights
1. Each Contracting Party grants to the other Contracting Party the following rights for the conduct of international air services by the airline or airlines designated by that other Contracting Party:
(a) the right to fly without landing across its territory;
(b) the right to land in its territory for non-traffic purposes; and
(c) to the extent permitted in this Agreement, the right to make stops in its territory on the routes specified in this Agreement to take up and to discharge international traffic in passengers and cargo, including mail, separately or in combination.
2. Each Contracting Party also grants to the other Contracting Party the rights specified in paragraphs 1(a) and (b) for the airlines of the other Contracting Party other than those designated under Article 3 of this Agreement.
3. Nothing in paragraph 1 of this Article shall be deemed to confer on a designated airline of a Contracting Party the right to take up, in the territory of the other Contracting Party, passengers and cargo, including mail, carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.
Article 3
Designation
Each Contracting Party shall have the right to designate, by diplomatic note or in writing by the aeronautical authorities, an airline or airlines to operate the agreed services on the routes specified in this Agreement for that Contracting Party and to withdraw a designation or to substitute another airline for one previously designated.
Article 4
Authorization
1. Following receipt of a notice of designation or of substitution pursuant to Article 3 of this Agreement, the aeronautical authorities of the other Contracting Party shall, consistent with the laws and regulations of that Contracting Party, issue without delay to the airline or airlines so designated the required authorizations to operate the agreed services for which that airline has been designated.
2. The Contracting Parties confirm that on receipt of such authorizations, the designated airline may begin to operate all or part of the agreed services at any time, provided that it complies with the provisions of this Agreement.
Article 5
Withholding, Revocation and Limitation of Authorization
1. Each Contracting Party shall have the right, through its aeronautical authorities, to withhold the authorizations referred to in Article 4 of this Agreement from an airline designated by the other Contracting Party, and to revoke, suspend or impose conditions on such authorizations, temporarily or permanently in the following circumstances:
(a) failure by such airline to qualify under the laws and regulations normally applied by the aeronautical authorities of the Contracting Party issuing the authorizations;
(b) failure by such airline to comply with the laws and regulations of the Contracting Party issuing the authorizations ;
(c) the substantial ownership and effective control of the airline are not vested in the Contracting Party designating the airline or its nationals; and
(d) failure by the airline to operate in accordance with the conditions prescribed under this Agreement.
2. The rights enumerated in paragraph 1 of this Article shall be exercised only after consultations between the aeronautical authorities pursuant to Article 20 of this Agreement unless:
(a) action is essential to prevent infringement of the laws and regulations referred to above; or
(b) action is required for safety or security purposes in accordance with the provisions of Articles 7 or 8 of this Agreement.
Article 6
Application of Laws
1. The laws, regulations and procedures of one Contracting Party relating to the admission to, remaining in, or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft shall be complied with by the designated airline or airlines of the other Contracting Party on entrance into, departure from and while within that territory.
2. The laws and regulations of one Contracting Party relating to the admission to, remaining in, or departure from its territory of passengers, crew members and cargo including mail (such as regulations relating to entry, clearance, transit, aviation security, immigration, passports, customs and quarantine) shall be complied with by the designated airline or airlines of the other Contracting Party and by or on behalf of such passengers, crew members and cargo including mail, on transit of, admission to, departure from and while within that territory.
3. In the application of such laws and regulations, a Contracting Party shall accord to the designated airline or airlines of the other Contracting Party treatment no less favourable than that accorded, under similar circumstances, to its own or any other airline engaged in similar international air services.
Article 7
Safety Standards, Certificates and Licences
1. Certificates of airworthiness, certificates of competency and licences, issued or rendered valid by the aeronautical authorities of one Contracting Party and still in force, shall be recognized as valid by the aeronautical authorities of the other Contracting Party for the purpose of operating the agreed services provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, the standards established under the Convention. Each Contracting Party has the right, however, through its aeronautical authorities to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.
2. If the privileges or conditions of the licences or certificates referred to in paragraph 1 above, issued by the aeronautical authorities of one Contracting Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, the other Contracting Party may request consultations between the aeronautical authorities pursuant to Article 20 of this Agreement with a view to clarifying the practice in question.
3. Consultations concerning the safety standards and requirements maintained and administered by the aeronautical authorities of the other Contracting Party relating to aeronautical facilities, crew members, aircraft, and operation of the designated airlines shall be held within fifteen (15) days of receipt of a request from either Contracting Party, or such other period as may be jointly determined. If, following such consultations, the aeronautical authorities of one Contracting Party find that the aeronautical authorities of the other Contracting Party do not effectively maintain and administer safety standards and requirements in these areas that are at least equal to the minimum standards which may be established pursuant to the Convention, the aeronautical authorities of the other Contracting Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards. Failure by that other Contracting Party to take appropriate corrective action within fifteen (15) days, or such other period as may be jointly determined, shall constitute grounds for withholding, revoking, suspending or imposing conditions on the authorizations of the airline or airlines designated by that other Contracting Party.
4. Pursuant to Article 16 of the Convention, any aircraft operated by, or on behalf of, the airline or airlines of one Contracting Party, may, while within the territory of the other Contracting Party, be the subject of an examination by the aeronautical authorities of the other Contracting Party, on board and around the aircraft to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided such ramp inspection does not cause an unreasonable delay in the operation of the aircraft.
5. If the aeronautical authorities of one Contracting Party find, after carrying out a ramp inspection, that:
(a) an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or
(b) there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention,
that Contracting Party may, through its aeronautical authorities, for the purposes of Article33 of the Convention and at its discretion, determine that the requirements under which the certificates or licenses in respect of that aircraft or its crew members 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. This same determination may be made in the case of denial of access for ramp inspection.
6. A Contracting Party shall have the right, through its aeronautical authorities, without consultation, to withhold, revoke, suspend or impose conditions on the authorizations of an airline or airlines of the other Contracting Party in the event its aeronautical authorities conclude that immediate action is essential to the safety of airline operations.
7. Any action taken by a Contracting Party, through its aeronautical authorities in accordance with paragraphs 3 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.
Article 8
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.
2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall act, in particular, in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo on September 14 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16 1970, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on September 23 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on February 24 1988, the Convention on the Marking of Plastic Explosives for the Purposes of Detection signed at Montreal on March 1 1991, and any other multilateral agreement governing aviation security binding upon both Contracting Parties.
3. The Contracting Parties shall provide on 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 members, airports and air navigation facilities, and any other threat to the security of civil aviation.
4. The Contracting Parties shall 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; they shall require that operators of aircraft of their registry, 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. Accordingly, each Contracting Party, on request, shall provide the other Contracting Party notification of any difference between its national regulations and practices and the aviation security standards of the Annexes referred to in this paragraph. A Contracting Party may at any time request consultations, to be held without delay, with the other Contracting Party to discuss any such differences.
5. Each Contracting Party accepts that its operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew members, carry-on items, baggage, cargo, mail and aircraft stores prior to and during boarding and loading.
6. Each Contracting Party shall, as far as may be practicable, meet any request from the other Contracting Party for reasonable special security measures to respond to a particular threat.
7. Each Contracting Party shall have the right to have its aeronautical authorities conduct in the territory of the other Contracting Party, within sixty (60) days following of serving of a notice, an assessment of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the territory of the first Contracting Party. The administrative arrangements, including the setting of specific dates for the conduct of such assessments, shall be mutually determined between the aeronautical authorities of both Contracting Parties and applied without delay to ensure that assessments are conducted expeditiously.
8. 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 members, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and taking other appropriate measures intended to resolve rapidly and safely such incident or threat.
9. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has failed to comply with the provisions of this Article, it may request consultations. Such consultations shall start within fifteen (15) days of receipt of such a request from the other Contracting Party. Failure to reach a satisfactory arrangement within fifteen (15) days from the start of consultations shall constitute grounds for the Contracting Party that requested the consultations to withhold, revoke, suspend or impose conditions on the authorizations of the airlines designated by the other Contracting Party.
10. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the Contracting Party that believes that the other Contracting party has not complied with the provisions of this Article may take interim action at any time.
Article 9
Use of Airports and Aviation Facilities
1. Each Contracting Party shall ensure that airports, airways, air traffic control and air navigation services, aviation security, and other related facilities and services that are provided in its territory shall be available for use by the airlines of the other Contracting Party on terms no less favorable than the most favorable terms available to any airline engaged in similar international air services at the time arrangements for use are made.
2. The setting and collection of fees and charges imposed in the territory of one Contracting Party on an airline of the other Contracting Party for the use of airports, airways, air traffic control and air navigation services, aviation security, and other related facilities and services shall be just and reasonable. The fees and charges shall be assessed on an airline of the other Contracting Party on terms no less favorable than the most favorable terms available to any airline engaged in similar international air services at the time the fees or charges are imposed.
3. Each Contracting Party shall encourage discussions between its competent charging authorities and the airlines using the services and facilities, or where practicable, through organizations representing airlines. Each Contracting Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.
Article 10
Capacity
1. In this Article “capacity” means:
(a) in relation to an aircraft, the payload of that aircraft available on a route or a section of a route; and
(b) in relation to a specified air service, the capacity of the aircraft used on such service multiplied by the frequency operated by such aircraft over a given period on a route or a section of a route.
2. There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes.
3. In operating the agreed services, the Contracting Parties confirm that their designated airlines shall take into account the interest 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 part of the same routes.
4. The agreed services provided by the designated airlines of the Contracting Parties shall bear reasonable relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers and cargo, including mail, between the territory of the Contracting Party which has designated the airline and the countries of ultimate destination of the traffic.
5. Provision for the carriage of passengers and cargo, including mail, both taken up and discharged at points on the specified routes in the territories of States other than that designating the airline, shall be made in accordance with the general principle that capacity shall be related to:
(a) traffic requirements to and from the territory of the Contracting Party which has designated the airline;
(b) traffic requirements of the area through which the airline passes after taking account of other transport services established by airlines of the States comprising the area; and
(c) the requirements of through airline operation.
6. Capacity to be provided on the agreed services in excess of the entitlements set out in this Agreement may from time to time be approved by the aeronautical authorities of both Contracting Parties.
7. Increases to capacity established in accordance with the provisions of paragraph 5 of this Article shall not constitute a change in capacity entitlements. Any change to capacity entitlements shall be decided between the Contracting Parties.
8. The designated airlines of the Contracting Parties shall file service schedules with the aeronautical authorities in accordance with the regulations of their respective authorities. Service schedules shall include all relevant information, such as type, model and configuration of aircraft, frequency of service and points to be served. Such service schedules shall be accepted or approved without undue delay if they conform to the provisions of this Agreement.
Article 11
Statistics
1. The Contracting Parties, through their aeronautical authorities shall provide, or shall require their designated airlines to provide to, the aeronautical authorities of the other Contracting Party, on request, periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the operation of the agreed services, including statistics showing the initial origins and final destinations of the traffic.
2. The aeronautical authorities of both Contracting Parties shall maintain close contact with respect to the implementation of paragraph 1 of this Article including on procedures for the provision of statistical information.
Article 12
Customs Duties and Other Charges
1. Each Contracting Party shall, to the fullest extent possible under its national law and on a basis of reciprocity, exempt the designated airline or airlines of the other Contracting Party from import restrictions, customs duties, excise taxes, inspection fees and other national duties and charges on aircraft, fuel, lubricating oils, consumable technical supplies, spare parts (including engines), regular aircraft equipment, aircraft stores (including beverages, tobacco and other products destined for sale to passengers in limited quantities during the flight) and other items intended for use or used solely in connection with the operation or servicing of aircraft of that airline as well as printed ticket stock, air waybills, any printed material bearing the printed insignia of the company and usual publicity material distributed without charge by that airline.
2. The exemptions granted by this Article shall apply to the items referred to in paragraph 1 of this Article:
(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 aircraft of a designated airline of one Contracting Party upon arriving in or leaving the territory of the other Contracting Party; and
(c) taken on board aircraft of a designated airline of one Contracting Party in the territory of the other Contracting Party;
whether or not such items are used or consumed wholly 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 and supplies normally retained on board the aircraft of a 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 territory. In such case, they may be placed under the supervision of those authorities until they are re-exported or otherwise disposed of in accordance with Customs regulations.
4. Baggage and cargo in direct transit across the territory of either Contracting Party shall be exempt from customs duties and other similar charges.
Article 13
Tariffs
1. For the purposes of this Article:
(a) “Price” means any fare, rate or charge contained in tariffs (including frequent flyer plans or other benefits provided in association with air transportation) for the carriage of passengers (including their baggage) and/or cargo (excluding mail) on scheduled air services and the conditions directly governing the availability or applicability of such fare, rate or charge, excluding general terms and conditions of carriage;
(b) “General Terms and Conditions of Carriage” means those terms and conditions contained in tariffs which are broadly applicable to air transportation and not directly related to any price; and
(c) “Match” means the continuation or introduction, on a timely basis, of an identical or similar (but not lower) price.
2. Prices for carriage by the designated airline or airlines of one Contracting Party to or from the territory of the other Contracting Party shall be established at reasonable levels due regard being paid to all relevant factors, including the interests of users, cost of operation, characteristics of service, reasonable profit, prices of other airlines and other commercial considerations in the marketplace.
3. The prices referred to in paragraph 2 of this Article may be developed individually or, at the option of the designated airline or airlines, through coordination with each other or with other airlines. A designated airline shall be responsible only to its own aeronautical authorities for the justification of its prices.
4. Each Contracting Party may require the filing with its aeronautical authorities by the designated airline or airlines of their prices for carriage between the territories of the Contracting Parties. Such filing, if required, shall be received by the aeronautical authorities at least one day before the proposed effective date. A designated airline which has established a price individually shall, at the time of filing, ensure that the filed price is accessible to other designated airlines.
5. If the aeronautical authorities of one Contracting Party are dissatisfied with an existing or proposed price for carriage between the territories of the Contracting Parties, they shall notify the aeronautical authorities of the other Contracting Party and the designated airline(s) concerned. The aeronautical authorities of the Contracting Party receiving the notice of dissatisfaction shall advise the aeronautical authorities of the other Contracting Party, within ten (10) days of receipt of the notice, as to whether they also are dissatisfied with the price, in which case the price shall not come into effect or remain in effect.
6. The Contracting Parties confirm that a designated airline of one Contracting Party may be required to file with the aeronautical authorities of the other Contracting Party prices for carriage between the territory of the other Contracting Party and third countries. Such filing, if required, shall be received at least thirty (30) days before the proposed effective date unless a longer period of notice is required for the airlines operating third and fourth freedom services in that specific market, in which case the latter shall apply.
7. The Contracting Parties confirm that a price for carriage by a designated airline of one Contracting Party between the territory of the other Contracting Party and a third country shall not be lower than the lowest publicly available lawful price for scheduled international air services by the airline(s) of the other Contracting Party in that market, unless otherwise authorized by the aeronautical authorities of that other Contracting Party.
8. Any designated airline of one Contracting Party shall have the right to match any publicly available lawful price of the airline(s) of the other Contracting Party on scheduled services between the territory of the other Contracting Party and any third country. The aeronautical authorities of the other Contracting Party may require the designated airline proposing the price to provide satisfactory evidence of the availability of the price being matched and of the consistency of matching with the requirements of this Article. A price introduced for matching purposes shall remain in effect only for the period of availability of the price being matched.
9. If within fifteen (15) days from the date of receipt of a price proposed by a designated airline of one Contracting Party for carriage between the other Contracting Party and a third country, the aeronautical authorities of the other Contracting Party have not notified the designated airline(s) concerned of their dissatisfaction, such price shall be considered to be accepted or approved and shall be permitted to come into effect on the date proposed. Such acceptance or approval may subsequently be withdrawn on at least thirty (30) days’ notice to the designated airline(s) concerned in the case of an agreed service and fifteen (15) days otherwise, and the price shall cease to be applied at the end of the applicable notice period.
10. The Contracting Parties confirm that the aeronautical authorities of either Contracting Party may request discussions on prices with the aeronautical authorities of the other Contracting Party at any time. Such discussions, which may be conducted orally or in writing, shall be held within fifteen (15) days of receipt of the request, unless otherwise decided between the aeronautical authorities. The aeronautical authorities shall cooperate in securing information necessary for consideration of a price. If a decision is reached as a result of discussions, the Contracting Parties confirm that the aeronautical authorities shall put that decision into effect.
11. Each Contracting Party may require the designated airlines to file their respective general terms and conditions of carriage with the aeronautical authorities at least thirty(30)days before the proposed effective date or such lesser period as may be permitted by the aeronautical authorities. Acceptance or approval of such terms and conditions shall be subject to national laws and regulations. The Contracting Parties confirm that the aeronautical authorities of either Contracting Party may at any time withdraw such acceptance or approval upon not less than fifteen (15) days’ notice to the designated airlines concerned and the term or condition shall cease to exist.
Article 14
Sales and Transfer of Funds
1. Each Contracting Party grants to the other Contracting Party the rights for the designated airlines of the other Contracting Party to:
(a) engage in the sale of air transportation in the territory of the Contracting Party directly and/or, subject to the national laws and regulations applicable in the territory of the Contracting Party, at the discretion of a designated airline through its agents;
(b) sell transportation in the currency of that territory or, at its discretion, in freely convertible currencies of other countries, and any person shall be free to purchase such transportation in currencies accepted by that airline;
(c) convert and remit abroad, on demand, funds obtained in the normal course of its operations.
2. Conversion and remittance shall be permitted without restrictions at the foreign exchange market rates for current payments prevailing at the time of submission of the request for transfer, and shall not be subject to any charges except normal service charges collected by banks for such transactions.
Article 15
Taxation
1. In this Article:
(a) the term “profits or income” includes gross receipts and revenues derived directly from the operation of aircraft in international traffic, including:
(i) the charter or rental of aircraft;
(ii) the sale of air transportation, either for the airline itself or for any other airline; and
(iii) interest from earnings, provided that such earnings are related to the operation of aircraft in international traffic;
(b) the term “international traffic” means the transportation of persons and/or cargo, including mail, except when such transportation is solely between points in the territory of one Contracting Party; and
(c) the term “airline of one Contracting Party” means in the case of Canada, an airline resident in Canada for purposes of income taxation and, in the case of the State of Kuwait, an airline resident in the State of Kuwait for purposes of income taxation.
2. Profits or income from the operation of aircraft in international traffic derived by an airline of one Contracting Party, including participation in inter-airline commercial agreements or joint business ventures, shall be exempt from any tax on profits or income imposed by the Government of the other Contracting Party.
3. Capital and assets of an airline of one Contracting Party relating to the operation of aircraft in international traffic shall be exempt from all taxes on capital and assets imposed by the Government of the other Contracting Party.
4. Gains from the alienation of aircraft abroad operated in international traffic and movable property pertaining to the operation of such aircraft which are received by an airline of one Contracting Party shall be exempt from any tax on gains imposed by the Government of the other Contracting Party.
5. The above provisions shall not have effect when an agreement for the avoidance of double taxation with respect to taxes on income providing for similar exemptions is in force between the two Contracting Parties.
Article 16
Airline Representatives
1. Each Contracting Party grants to the other Contracting Party the rights for the designated airlines of the other Contracting Party to:
(a) on the basis of reciprocity, bring into and to maintain in its territory its representatives and commercial, operational and technical staff as required in connection with the operation of the agreed services; and
(b) satisfy these staff requirements, at the option of the designated airlines, by their own personnel or by using the services of any other organization, company or airline operating in its the territory and authorized to perform such services for other airlines.
2. The Contracting Parties confirm that the representatives and staff referred to in Paragraph 1 shall be subject to the laws and regulations in force of the other Contracting Party.
3. Each Contracting Party shall:
(a) consistent with its laws and regulations, on the basis of reciprocity, and with the minimum of delay, process the necessary employment authorizations, visitor visas or other similar documents to the representatives and staff referred to in paragraph 1 of this Article; and
(b) facilitate and expedite the requirement of employment authorizations for personnel performing certain temporary duties not exceeding ninety (90) days.
Article 17
Ground Handling
1. The Contracting Parties confirm that designated airlines shall be permitted on the basis of reciprocity, and at the option of the designated airlines, to have ground handling services provided in whole or in part by any agent authorized by the competent authorities of the other Contracting Party to provide such services.
2. The rights in paragraph 1 of this Article shall be subject only to physical or operational constraints resulting from considerations of airport safety or security. Any physical or operational constraints shall be applied uniformly and on terms no less favourable than the most favourable terms available to any airline engaged in similar international air services at the time the constraints are imposed.
Article 18
Smoking Ban
1. Each Contracting Party shall prohibit or require their airlines to prohibit smoking on all flights carrying passengers operated by its airlines between the territories of the Contracting Parties. This prohibition shall apply to all locations within the aircraft and shall be in effect from the time an aircraft commences enplanement of passengers to the time of the completion of the deplanement of passengers.
2. Each Contracting Party shall take all reasonable measures to secure compliance by its airlines, passengers, and crew members with the provisions of this Article, including the imposition of appropriate penalties for non-compliance.
Article 19
Applicability to Non-scheduled Flights
1. The provisions set out in Articles 6 (Application of Laws), 7 (Safety Standards, Certificates and Licences), 8 (Aviation Security), 9 (Use of Airports and Aviation Facilities), 11 (Statistics), 12 (Customs Duties and Other Charges), 14 (Sales and Transfer of Funds), 15 (Taxation), 16 (Airline Representatives), 17 (Ground Handling), 18 (Smoking Ban) and 20 (Consultations) of this Agreement shall be applicable to non-scheduled flights operated by an air carrier of one Contracting Party into or from the territory of the other Contracting Party and to the air carrier operating such flights.
2. The provisions of paragraph 1 of this Article shall not affect national laws and regulations governing the authorization of non-scheduled flights or the conduct of air carriers or other parties involved in the organization of such operations.
Article 20
Consultations
1. A Contracting Party may request consultations on the implementation, interpretation, application or amendment of this Agreement. Such consultations, which may be conducted between aeronautical authorities, may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date of receipt of a written request, unless otherwise determined by the Contracting Parties.
2. In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties may hold discussions with each other from time to time with a view to ensuring the proper implementation of, and satisfactory compliance with, the provisions of this Agreement. Such discussions shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise determined by the Contracting Parties.
Article 21
Amendment
Any amendment to this Agreement determined as a result of consultations under Article 20 of this Agreement shall come into force on the date of the last notification through diplomatic channels, by which the Contracting Parties shall have informed each other that all necessary internal procedures for entry into force of the amendment have been completed.
Article 22
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 consultations held pursuant to Article 20 of this Agreement.
2. If the dispute is not resolved by consultations, the Contracting Parties may decide to refer the dispute for decision to some person or body, or either Contracting Party may submit the dispute 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 arbitrators. 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 of a notice through diplomatic channels requesting arbitration of the dispute 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, or if the third arbitrator is not appointed within the period specified, either Contracting Party may request that the President of the Council of the International Civil Aviation Organization appoint an arbitrator or arbitrators as the case requires. If the President of the Council is of the same nationality as one of the Contracting Parties, the most senior vice-president who is not disqualified on that ground, shall make the appointment. In all cases the third arbitrator shall be a national of a third State, shall act as President of the Tribunal and shall determine the place where arbitration will be held.
3. The Contracting Parties undertake to comply with any decision given under paragraph 2 of this Article.
4. The expenses of the Tribunal shall be shared equally between the Contracting Parties.
5. If and so long as either Contracting Party fails to comply with any decision given under paragraph 2 of this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default or to the designated airline in default.
Article 23
Termination
Either Contracting Party may at any time from the entry into force of this Agreement give notice in writing through diplomatic channels to the other Contracting Party of its decision to terminate this Agreement. Such notice shall be communicated simultaneously to the International Civil Aviation Organization. This Agreement shall terminate one (1) year after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual consent before the expiry of this period. In the absence of an acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
Article 24
Registration with ICAO
This Agreement and any amendment shall be registered with the International Civil Aviation Organization.
Article 25
Multilateral Conventions
If a general multilateral air convention comes into force, the provisions of such convention shall prevail to the extent that it is applicable to both Contracting Parties.
Article 26
Titles
Titles used in this Agreement are for reference purposes only.
Article 27
Entry into Force
This Agreement shall enter into force on the date of the last notification through diplomatic channels, by which the Contracting Parties shall have informed each other that all necessary internal procedures for entry into force of the Agreement have been completed.
IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed the present Agreement.
DONE in duplicate at Kuwait City on this 1st day of August 2018, in the English, French and Arabic languages, each version being equally authentic.
Martine Moreau, Ambassador of Canada to the State of Kuwait
For the Government of Canada
Yousef Al-Fouzan, Director General of the Directorate General of Civil Aviation of the State of Kuwait
For the Government of the State of Kuwait
Annex 1
Route Schedule
Section I
Passenger-combination and/or all-cargo services may be operated on the following route by the airline(s) designated by the Government of Canada:
| Points in Canada | Intermediate Points | Points in Kuwait | Points Beyond |
|---|---|---|---|
| Any point or points | Any point or points in third countries | Any point or points | Any point or points in third countries |
Notes:
The Contracting Parties confirm the following requirements.
1. Each designated airline may, on any or all flights and at its option, operate air services in either or in both directions, serve points on the route in any combination and omit stops at Intermediate Points and Points Beyond, provided that all services originate or terminate in Canada. For own-aircraft all-cargo services, Points in Kuwait may be served separately or in combination. Two points in Kuwait may be selected by Canada for own-aircraft passenger-combination services which may be changed on sixty (60) days notice to the aeronautical authorities of Kuwait or such lesser period as may be approved by the aeronautical authorities of Kuwait. Should two points be selected by Canada for own-aircraft passenger-combination services, they shall only be served in combination. Only one point in Kuwait may be selected for passenger-combination code-sharing services.
2. Transit and own-stopover rights shall be available at Intermediate Points and at Points in Kuwait. Fifth freedom rights for own-aircraft all-cargo services shall be available between any Intermediate Points and Points in Kuwait and between any Points in Kuwait and any Points Beyond. Fifth freedom points for passenger-combination services may be decided upon between aeronautical authorities.
3. Points to be selected by Canada may be changed on sixty (60) days notice to the aeronautical authorities of Kuwait or such lessor period as may be accepted by the aeronautical authorities of Kuwait. The aeronautical authorities of Kuwait shall be notified of points to be served with fifth freedom rights at least ninety (90) days in advance or such lesser period as may be authorized by the aeronautical authorities of Kuwait. Each of the points with fifth freedom rights may be changed on ninety (90) days notice to the aeronautical authorities of Kuwait or such lesser period as may be authorized by the aeronautical authorities of Kuwait.
4. Subject to the regulatory requirements normally applied to such operations by the aeronautical authorities of Kuwait, each designated airline of Canada may enter into co-operative arrangements for the purpose of:
(a) operating the agreed services on the specified routes by code-sharing (i.e., selling transportation under its own code) on flights operated by the airline(s) of Canada, of Kuwait, and/or of any third country; and/or
(b) carrying traffic under the code of any other airline(s) where such other airline(s) has been authorised by the aeronautical authorities of Kuwait to sell transportation under its own code on flights operated by the designated airline(s) of Canada.
All airlines involved in code sharing arrangements shall hold the appropriate underlying route authority. For the purpose of code-sharing, airlines shall be permitted to transfer traffic between aircraft without limitation. The aeronautical authorities of Kuwait shall not withhold permission for code sharing services identified in Note 4 (a) by the designated airline(s) of Canada on the basis that the airline(s) operating the aircraft does not have the right from Kuwait to carry traffic under the code of the airline(s) designated by Canada.
5. The designated airline(s) of Canada may, at any points on the specified route and at its option, transfer traffic between its own aircraft without any limitation as to type or number of aircraft, provided that, in the outbound direction, the transportation beyond such points is a continuation of the transportation from Canada and, in the inbound direction, the transportation to Canada is a continuation of the transportation from beyond such points and provided that all flights involved in the transfer originate or terminate in Canada.
6. Should a designated airline of Canada provide a service to points behind its home country in connection with the specified route, public advertising or other forms of promotion by that airline in Canada or in third countries shall not employ the terms “single carrier” or “through service” and shall state that such a service is by connecting flights, even when for operational reasons a single aircraft is used. The flight number assigned to the services between Canada and Kuwait shall not be the same as that assigned to flights behind Canada.
Section II
Passenger-combination and/or all-cargo services may be operated on the following route by the airline(s) designated by the Government of the State of Kuwait:
| Points in Kuwait | Intermediate Points | Points in Canada | Points Beyond |
|---|---|---|---|
| Any point or points | Any point or points in third countries | Any point or points | Any point or points in third countries |
Notes:
The Contracting Parties confirm the following requirements.
1. Each designated airline may, on any or all flights and at its option, operate air services in either or in both directions, serve points on the route in any combination and omit stops at any Intermediate Points and Points Beyond, provided that all services originate or terminate in Kuwait. For own-aircraft all-cargo services, Points in Canada may be served separately or in combination. Two points in Canada may be selected by Kuwait for own-aircraft passenger-combination services which may be changed on sixty (60) days’ notice to the aeronautical authorities of Canada or such lesser period as may be approved by the aeronautical authorities of Canada. Should two points be selected by Kuwait for own-aircraft passenger-combination services, they shall only be served in combination. Only one point in Canada may be selected for passenger-combination code-sharing services.
2. Transit and own-stopover rights shall be available at Intermediate Points and at Points in Canada. Fifth freedom rights for own-aircraft all-cargo services shall be available between any Intermediate Points and Points in Canada and between any Points in Canada and any Points Beyond. Fifth freedom points for passenger-combination services may be decided upon between aeronautical authorities.
3. Points to be selected by Kuwait may be changed on sixty (60) days’ notice to the aeronautical authorities of Canada or such lessor period as may be accepted by the aeronautical authorities of Canada. The aeronautical authorities of Canada shall be notified of points to be served with fifth freedom rights at least ninety (90) days in advance or such lesser period as may be authorized by the aeronautical authorities of Canada. Each of the points with fifth freedom rights may be changed on ninety (90) days’ notice to the aeronautical authorities of Canada or such lesser period as may be authorized by the aeronautical authorities of Canada.
4. Subject to the regulatory requirements normally applied to such operations by the aeronautical authorities of Canada, each designated airline of Kuwait may enter into co-operative arrangements for the purpose of:
(a) operating the agreed services on the specified routes by code-sharing (i.e., selling transportation under its own code) on flights operated by the airline(s) of Canada, of Kuwait, and/or of any third country; and/or
(b) carrying traffic under the code of any other airline(s) where such other airline(s) has been authorised by the aeronautical authorities of Canada to sell transportation under its own code on flights operated by the designated airline(s) of Kuwait.
All airlines involved in code sharing arrangements shall hold the appropriate underlying route authority. For the purpose of code-sharing, airlines shall be permitted to transfer traffic between aircraft without limitation. The aeronautical authorities of Canada shall not withhold permission for code sharing services identified in Note 4 (a) by the designated airline(s) of Kuwait on the basis that the airline(s) operating the aircraft does not have the right from Canada to carry traffic under the code of the airline(s) designated by Kuwait.
5. The designated airline(s) of Kuwait may, at any points on the specified route and at its option, transfer traffic between its own aircraft without any limitation as to type or number of aircraft, provided that, in the outbound direction, the transportation beyond such points is a continuation of the transportation from Canada and, in the inbound direction, the transportation to Kuwait is a continuation of the transportation from beyond such points and provided that all flights involved in the transfer originate or terminate in Kuwait.
6. Should a designated airline of Kuwait provide a service to points behind its home country in connection with the specified route, public advertising or other forms of promotion by that airline in Kuwait or in third countries shall not employ the terms “single carrier” or “through service” and shall state that such a service is by connecting flights, even when for operational reasons a single aircraft is used. The flight number assigned to the services between Kuwait and Canada shall not be the same as that assigned to flights behind Kuwait.
Annex 2
Capacity Entitlements
For the purposes of Article 10 (Capacity) each Contracting Party shall be entitled to allocate the following capacity among its designated airlines for the operation of own-aircraft and/or code sharing services:
(a) for own-aircraft all-cargo services, up to a maximum of one (1) flight per week in each direction;
(b) for own-aircraft passenger-combination services, up to a maximum of two (2) flights per week in each directions; and,
(c) for code-sharing services on the flights of other airlines, the Contracting Parties, through its aeronautical authorities, shall not unilaterally impose any restrictions with respect to capacity or frequency to be offered by the designated airline(s) of the other Contracting Party.