AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE KINGDOM OF MOROCCO, DONE AT KIGALI, ON 19TH OCTOBER 2016
This provision ratifies the air services agreement with Morocco and gives it full effect; it also defines key terms used in the agreement.
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This provision ratifies the air services agreement with Morocco and gives it full effect; it also defines key terms used in the agreement. Named ministers are responsible for implementing this Order. This Order starts to apply on the date it is published in the Official Gazette of the Republic of Rwanda. Each Contracting Party may withhold, revoke, suspend, limit, or impose conditions on an airline’s operating authorisation in specified cases. Contracting Parties may request safety consultations, must act on findings and corrective steps, and may suspend or vary operating authorisations when immediate safety action is needed.
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Provisions of AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE KINGDOM OF MOROCCO, DONE AT KIGALI, ON 19TH OCTOBER 2016
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Kwemeza burundu
AI-assisted research summary: This provision ratifies the air services agreement with Morocco and gives it full effect; it also defines key terms used in the agreement.
Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier: Ratification Ingingo ya mbere: Kwemeza burundu Article One: Ratification Article premier: Ratification Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma y’Ubwami bwa Maroc ajyanye no Gutwara Abantu n’Ibintu mu Kirere, yakorewe i Kigali, ku wa 19 Ukwakira 2016, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. The Air Services Agreement between the Government of the Republic of Rwanda and the Government of the Kingdom of Morocco, done at Kigali, on 19th October 2016, annexed to this Order, is ratified and becomes fully effective. L’Accord relatif aux services aériens entre le Gouvernement de la République du Rwanda et le Gouvernement du Royaume du Maroc, fait à Kigali, le 19 octobre 2016, annexé au présent arrêté, est ratifié et sort son plein et entier effet. ARTICLE 1 DEFINITIONS For the purposes ofthis Agreement, unless otherwise stated, the term: (al "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on 7 December 7944, and includes any Annex thereto adopted under Article 90 of that Convention, and any amendment to the Convention or its Annexes adopted under Articles 90 and 94 of the Convention, insofar as such Annexes and amendments have become effective for both Contracting Parties; (b) "Agreement" means this Agreement, its Annexes and any amendments thereto; (c) "aeronauticalauthorities"means: in the case of the Republic of Rwanda, the Minister in charge of civil (D aviatiou and (iD in the case of the Kingdom of Morocco, the Minister responsible for civil aviation; or in both cases, any person or body authorised to perform functions at present exercisable by the above-mentioned authorities or similar functions; (dl pursuant to the Annex to the present Agreement; "agreed services" means the air services established on the specified routes Official Gazette n° Special of 12/02/20201164 (eJ "air service", "international air service", "airline" and "stop for non-traffic purposes", have the meanings respectively assigned to them in Article 96 of the Convention; (0 "designated airline" means an airline or airlines designated by one Contracting Party and authorised by the other Contracting Party in accordance with Article 3 ofthis Agreement; (g) assigned to them in Annex 9 ofthe Convention; 'Aircraft equipments", "stores", and "spare parts" have the meaning respectively "specified routes" means routes specified in the Annex to the present Agreement; th] (0 "tariffs" means the prices to be paid for the carriage ofpassengers, baggage, cargo and the conditions under which these prices apply, including prices, commissions and conditions of agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail; "territory" means in relation to a State the land areas, internal waters, and 0) territorial seas adjacent thereto under the sovereignty of such State. (k) "user charges" means a charge made to airlines by the competent authorities, or permitted by them to be made, for the provision of airport property or facilities or of air navigation facilities, or aviation security facilities or services, including related services and facilities, for aircraft, their crews, passengers and cargo, For the avoidance of doubt, all references to the singular shall include the plural, and all references to the plural shall include the singular.Referenced legislation
- Convention on International Civil Aviation (unresolved)
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Abashinzwe gushyira mu
AI-assisted research summary: Named ministers are responsible for implementing this Order.
Ingingo ya 2: Abashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2: Autorités chargées de l’exécution du présent arrêté Ingingo ya 2: Abashinzwe gushyira mu bikorwa iri teka Article 2: Authorities responsible for the implementation of this Order Article 2: Autorités chargées de l’exécution du présent arrêté Minisitiri w’Intebe, Minisitiri w’Ibikorwa Remezo, Minisitiri w’Ububanyi n’Amahanga na Minisitiri w’Imari n’Ubutwererane n’Igenamigambi bashinzwe gushyira mu bikorwa iri teka. The Prime Minister, the Minister of Infrastructure, the Minister of Foreign Affairs and International Cooperation and the Minister of Finance and Economic Planning are entrusted with the implementation of this Order. le Ministre des Le Premier Ministre, Infrastructures, le Ministre des Affaires Étrangères et de la Coopération Internationale et la le Ministre des Finances et de Planification Économique sont chargés de l’exécution du présent arrêté. ARTICLE 2 GMNT OF TRAFFIC RIGHTS 1. Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the conduct of international air services on the specified routes. 2. Subject to the provisions of the present Agreement, the designated airlines of each Contracting Party, during the conduct of international air services, shall enjoy the following rights: [aJ the right to fly across the territory ofthe other Contracting Party without landing; (b) the right to make stops in the territory ofthe other Contracting Party for non-traffic purposes; (cl the right to make stops in the said territory, at the points specified for that route in the Annex to this Agreement, for the purpose of putting down and taking on international traffic in passengers, cargo and mail, separately or in Official Gazette n° Special of 12/02/20201165 combination carried for compensation and destined for another point in the territory ofthat other Contracting Party or in the territory ofa third state; and (dl any rights otherwise specified in this Agreement. 3. The airline(s) of each Contracting Party, other than those designated under - 3 Verify source ↗
Igihe iri teka ritangirira
AI-assisted research summary: This Order starts to apply on the date it is published in the Official Gazette of the Republic of Rwanda.
Ingingo ya 3: Igihe iri teka ritangirira gukurikizwa Article 3: Commencement Article 3: Entrée en vigueur Official Gazette n° Special of 12/02/20201158 ITEKA RYA PEREZIDA No 025/01 RYO KU WA 31/01/2020 RYEMEZA BURUNDU AMASEZERANO HAGATI YA GUVERINOMA YA REPUBULIKA Y’U RWANDA NA GUVERINOMA Y’UBWAMI BWA MAROC AJYANYE NO GUTWARA ABANTU N’IBINTU MU KIRERE, YAKOREWE I KIGALI, KU WA 19 UKWAKIRA 2016 PRESIDENTIAL ORDER No 025/01 OF 31/01/2020 RATIFYING THE AIR SERVICES AGREEMENT BETWEEN THE THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE KINGDOM OF MOROCCO, DONE AT KIGALI, ON 19 OCTOBER 2016 GOVERNMENT OF ARRÊTÉ PRÉSIDENTIEL No 025/01 DU 31/01/2020 RATIFIANT L’ACCORD RELATIF AUX SERVICES AÉRIENS ENTRE LE GOUVERNEMENT DE LA RÉPUBLIQUE DU RWANDA ET LE GOUVERNEMENT DU ROYAUME DU MAROC, FAIT À KIGALI, LE 19 OCTOBRE 2016 Twebwe, KAGAME Paul, Perezida wa Repubulika; We, KAGAME Paul, President of the Republic; Nous, KAGAME Paul, Président de la République; ku Itegeko Nshinga rya Dushingiye Repubulika y’u Rwanda ryo mu 2003 ryavuguruwe mu 2015, cyane cyane mu ngingo zaryo, iya 112, iya 120, iya 122, iya 167, iya 168 n’iya 176; Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 112, 120, 122, 167, 168 and 176; Vu la Constitution de la République du Rwanda de 2003 révisée en 2015, spécialement en ses articles 112, 120, 122, 167, 168 et 176; Dushingiye ku Itegeko n° 53/2019 ryo ku wa ryemera kwemeza burundu 25/10/2019 Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma y’Ubwami bwa Maroc ajyanye no Gutwara Abantu n’Ibintu mu Kirere, yakorewe i Kigali mu Rwanda, ku wa 19 Ukwakira 2016; Pursuant to Law n° 53/2019 of 25/10/2019. approving the ratification of the Air Services Agreement between the Government of the Republic of Rwanda and the Government of the Kingdom of Morocco, done at Kigali, Rwanda, on 19 October 2016; Vu la Loi n° 53/2019 du 25/10/2019 approuvant la ratification de l’Accord relatif aux services aériens entre le Gouvernement de la République du Rwanda et le Gouvernement du Royaume du Maroc, fait à Kigali au Rwanda, le 19 octobre 2016; Tumaze kubona Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma y’Ubwami bwa Maroc ajyanye no Gutwara Abantu n’Ibintu mu Kirere, yakorewe i Kigali, ku wa 19 Ukwakira 2016; Considering the Air Services Agreement between the Government of the Republic of Rwanda and the Government of the Kingdom of Morocco, done at Kigali, on 19th October 2016; Considérant l’Accord relatif aux services la aériens entre République du Rwanda et le Gouvernement du Royaume du Maroc, fait à Kigali, le 19 octobre 2016; le Gouvernement de Bisabwe na Minisitiri w’Ibikorwa Remezo; On proposal by the Minister of Infrastructure; proposition Sur Infrastructures; du Ministre des Official Gazette n° Special of 12/02/20201159 Inama y’Abaminisitiri imaze kubisuzuma no kubyemeza; After consideration and approval by the Cabinet; Après examen et adoption par le Conseil des Ministres; TWATEGETSE KANDI DUTEGETSE: HAVE ORDERED AND ORDER: AVONS ARRÊTÉ ET ARRÊTONS: Ingingo ya 3: Igihe iri teka ritangirira gukurikizwa Article 3: Commencement Article 3: Entrée en vigueur teka ritangira gukurikizwa ku munsi Igazeti ya Leta ya Iri ritangarijweho mu Repubulika y’u Rwanda. This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda. Le présent arrêté entre en vigueur le jour de sa publication au la République du Rwanda. Journal Officiel de Official Gazette n° Special of 12/02/20201160 Kigali, ku wa 31/01/2020 Kigali, on 31/01/2020 Kigali, le 31/01/2020 (sé) KAGAME Paul Perezida wa Repubulika (sé) Dr NGIRENTE Edouard Minisitiri w’Intebe (sé) KAGAME Paul President of the Republic (sé) Dr NGIRENTE Edouard Prime Minister (sé) KAGAME Paul Président de la République (sé) Dr NGIRENTE Edouard Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika: Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République: (sé) BUSINGYE Johnston Minisitiri w’Ubutabera/Intumwa Nkuru ya Leta (sé) BUSINGYE Johnston Minister of Justice/Attorney General (sé) BUSINGYE Johnston Ministre de la Justice/Garde des Sceaux Official Gazette n° Special of 12/02/20201161 W’ITEKA UMUGEREKA RYA PEREZIDA No 025/01 RYO KU WA RYEMEZA BURUNDU 31/01/2020 AMASEZERANO YA HAGATI GUVERINOMA YA REPUBULIKA Y’U RWANDA GUVERINOMA Y’UBWAMI BWA MAROC AJYANYE NO GUTWARA ABANTU N’IBINTU MU KIRERE, YAKOREWE I KIGALI KU WA 19 UKWAKIRA 2016 NA SERVICES ANNEX TO PRESIDENTIAL ORDER No 025/01 OF 31/01/2020 RATIFYING THE AGREEMENT AIR BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE KINGDOM OF MOROCCO, DONE AT KIGALI, ON 19TH OCTOBER 2016 ANNEXE À L’ARRÊTÉ PRÉSIDENTIEL No 025/01 DU 31/01/2020 RATIFIANT L’ACCORD RELATIF AUX SERVICES AÉRIENS ENTRE LE GOUVERNEMENT DE LA RÉPUBLIQUE DU RWANDA ET LE GOUVERNEMENT DU ROYAUME DU MAROC, FAIT À KIGALI, LE 19 OCTOBRE 2016 Official Gazette n° Special of 12/02/20201162 AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBTIC OF RWANDA AND THE GOVERNMENT OF THE KINGDOM OF MOROCCO Official Gazette n° Special of 12/02/20201163 The Government of the Republic of Rwanda and the Government of the Kingdom of Morocco hereinafter referred to as the "Contracting Parties"; Desiring to promote an international aviation system based on competition among airlines; Desiring to favour the rise of international air transport, by putting air transport networks which are able to provide air services to meet the needs ofthe travelling and shipping public; Desiring to make it possible for airlines to offer the travelling and shipping public competitive prices and services in open markets; Desiring to ensure the highest degree of safety and security in international air transport, and reaffirming their profound concern about acts and threats against the safety of civil aviation, which jeopardise the safety of persons or property, adversely affect the operation of air transportation, and undermine public confidence in the security of civil aviation; Being Parties to the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944; Have agreed as follows: Article 3 fDesignation and AuthorisationJ of this Agreement, shall also enjoy the rights specified in subparagraphs (a) and (b) of paragraph 2 of this Article. That airline shall be required to meet other conditions prescribed under the laws and regulations normally applied to the operation of the international air transport services by the Contracting Party considering the application. 4, Nothing in this Article shall be deemed to confer on the airline(s) of one Contracting Party the rights to take on board, in the territory of the other Contracting Party, passengers, their baggage, cargo, or mail carried for compensation and destined for another point in the territory of that other Contracting Party. ARTICLE 3 DESIGNATION AND AUTHORISATION 1. Each Contracting Party has the right to designate one or more airlines as it wishes for the purpose of operating the agreed services on the specified routes, and to withdraw or alter such designations. Such designations shalI be transmitted to the other Contracting Party in writing and shall speciff whether the airline is authorised to conduct the type of air services on the specified routes. 2. On receipt ofsuch a designation, and ofapplication from the designated airline, in the form and manner prescribed for operating authorisation, the other Contracting Party shall grant the appropriate authorisations with minimum procedural delay, provided that: (aJ substantial ownership and effective control ofthat airline are vested in the Contracting Party designating the airline, nationals of that Contracting Party, or both; tb) the designated airline is the holder of an air operator certificate or any other equivalent document which is valid in accordance with the laws and regulations in force in the Contracting Party designating the airline; the Contracting Party designating the airline has and maintains effective [c) regulatory control of that airline; (d) the designated airline is qualified to meet the conditions prescribed under the laws and regulations normally applied to the operation of air services by the Contracting Party considering the application(s); and (e) the Contracting Party designating the airline is maintaining and administering the standards set forth in Article 12 [Air SafetyJ and Article 13 (Aviation Security). Official Gazette n° Special of 12/02/20201166Referenced legislation
- Law n° 53/2019 of 25/10/2019 (unresolved)
- Convention on International Civil Aviation (unresolved)
- 4 Verify source ↗
Article 4
AI-assisted research summary: Each Contracting Party may withhold, revoke, suspend, limit, or impose conditions on an airline’s operating authorisation in specified cases.
ARTICLE 4 WITHHOLDING, REVOCATION, SUSPENSION, OR LIMITATION OF OPERATING AUTHORISATIONS 1. Each Contracting Party shall have the right to withhold, revoke, suspend, limit or impose conditions on the operating authorisations of an airline designated by the other Contracting Party where: [a) substantial ownership and effective control of that airline are not vested in the other Contracting Party, that other Contracting Parfy's nationals, or both; (bl the designated airline does not hold an air operator certificate or any other equivalent document which is valid in accordance with the laws and regulations in force ofthe Contracting Party designating the airline; (cJ the Contracting Party designating the airline does not have effective regulatory control ofthat airline; (dl the designated airline has failed to meet any condition prescribed under the laws and regulations normally applied to the operation of international air services by the Contracting Party considering the application or applications; or (eJ the designated airline has failed to comply with the provisions set forth in - 12 Verify source ↗
(Air Safety) and Article 13 (Aviation Security).
AI-assisted research summary: Contracting Parties may request safety consultations, must act on findings and corrective steps, and may suspend or vary operating authorisations when immediate safety action is needed.
Article 12 (Air Safety) and Article 13 (Aviation Security). 2. Unless immediate measures are essential to prevent further non-compliance with subparagraphs [c) or (dJ of paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultations with the Contracting Party designating the airline, in accordance with the provisions set forth in Article 18 (Consultations and Amendments) of the present Agreement. ARTICLE 12 AIR SAFETY 1. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within thirty (30) days of that request. 2, lf, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in the areas referred to in paragraph 1 of this Article that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall noti$/ the other Contracting Party of those findings and of the steps considered necessary to conform with those minimum standards established at that time pursuant to the Convention, and the other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15J days or such longer period as may be agreed, shall be grounds for the application of subparagraph (e) of paragraph 1 of Article 4 (Withhotding, Revocation, Suspension, or Limitation of 0perating Authorisations) of this Agreement. 3. Pursuant to Article 16 ofthe Convention, it is agreed that any aircraft operated by or, under a lease arrangement, on behalf of the airline or airlines of one Contracting Parry 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 subiect of an examination by the authorised representatives ofthe other Contracting Party, on board and around the aircraft to check both the validity ofthe aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called "ramp inspection"), provided this does not lead to unreasonable delay. 4. If any such ramp inspection or series oframp inspections gives rise to: (al 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 Official Gazette n° Special of 12/02/20201170 (bl 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 ramp inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid or that the requirements under which that aircraft is operated are not equal to or above the minimum standards established pursuant to the Convention. 5, In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party in accordance with paragraph 3 of this Article is denied by a representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article arise and draw the conclusions referred in that paragraph. 6, Each Contracting Party reserves the right to suspend or vary the operating authorisation of an airline or airlines of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety ofan airline operation. 7. Article shall be discontinued once the basis for the taking ofthat action ceases to exist. Any action by one Contracting Party in accordance with paragraphs 2 or 6 ofthis - 5 Verify source ↗
Article 5
AI-assisted research summary: Each Contracting Party must give designated airlines a fair chance to compete and let them decide service frequency and capacity, subject to limited exceptions.
ARTICLE 5 FAIR COMPETITION AND OPERATION OF AIR SERVICES 1, Each Contracting Party shalt provide to all the designated airlines of both Contracting Parties fair and equal opportunity to compete in operating international air services governed by this Agreement. 2. Each Contracting Party shalt allow each designated airline(s) to determine the frequency and capacity of the international air service it offers based on commercial considerations of the marketplace. 3. Consistent with this right, neither Contracting Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designed airlines of the other Contracting Party, except as may be required for customs, technical, operational, or environmental reasons, consistent with - 15 Verify source ↗
ofthe Convention.
AI-assisted research summary: Contracting Parties generally may not require designated airlines of the other party to file schedules, non-scheduled flight programs, or operational plans for approval; if filings are only for information, they should keep the process as light as possible.
Article 15 ofthe Convention. Official Gazette n° Special of 12/02/20201167 4. Neither Contracting Party shall require the filing of schedules, programs for non- scheduled flights, or operational plans by the designated airlines of the other Contracting Party for approval, except as may be required on a non-discriminatory basis to enforce uniform conditions as foreseen by paragraph [2J of this Article. If a Contracting Party requires filings for information purposes, it shall minimise the administrative burdens of such filing requirements and procedures on air transport intermediaries and on designated airlines ofthe other Contracting Party. Article 15 Place of taxation The revenue derived from international traffic operations by an airline designated by a Contracting Party, will be taxable only in the State where the headquarters of the said designated airline is situated. Official Gazette n° Special of 12/02/20201173 - 6 Verify source ↗
Article 6
AI-assisted research summary: Aircraft and carried persons or goods must follow the other party’s applicable aviation, entry, customs, and health rules, and neither party may favor its own or other airlines over a designated airline of the other party.
ARTICLE 6 APPLICATION OF LAWS AND REGULATIONS 1. The laws and regulations of one Contracting Party relating to admission to, flight within or departure from its territory of an aircraft of its designated airlinefs] engaged in international air navigation, or to the operation or navigation of such aircraft while within its territory, shatl apply to the aircraft of designated airline(s) of the other Contracting Party and shall be complied with by such aircraft upon entering or departing from or while within the territory ofthat Contracting Party. 2. The laws and regulations of one Contracting Party relating to entry into, stay in, or departure from its territory of passengers, baggage, crew, cargo or mail, such as laws and regulations relating to entry, exit, emigration, immigration, passports as well as customs and health or sanitary measures, shall apply to passengers, baggage, crew, cargo and mail carried by the aircraft of the designated airline(s) of the other Contracting Party upon entry into or departure from or while within the territory ofthe first Contracting Party. 3. In general, in the application of laws and regulations in force, neither Contracting Party shall give preference to its own or any other airlines over a designated airline of the other Contracting Parly engaged in similar international air services. - 7 Verify source ↗
Article 7
AI-assisted research summary: Direct transit passengers, baggage, and cargo staying in the airport transit area are subject to simplified control, and may be further examined for security or entry-control reasons.
ARTICLE 7 DIRECT TRANSIT Passengers, baggage, and cargo in direct transit through the territory of either Contracting Party and not leaving the area ofthe airport reserved for such purpose, shall be subject to a simplified control. Passengers, baggage and cargo in direct transit through the territory of either Contracting Party and not leaving the area ofthe airport reserved for such purpose shall be subject to further examination for reasons of aviation security, narcotics control, prevention of illegal entry or in special circumstances. Official Gazette n° Special of 12/02/20201168 - 8 Verify source ↗
Article 8
AI-assisted research summary: Contracting Parties must not charge the other Party’s designated airlines more than their own airlines on similar international air services, and must encourage consultation, notice, and information exchange about user charges.
ARTICLE 8 USER CHARGES 1. Neither Contracting Parfy shall impose or permit to be imposed on the designated airline or airlines of the other Contracting Party user charges higher than those imposed on its own airlines operating similar international air services. 2. Each Contracting Party shall encourage consultations on user charges between its competent charging authorities and airlines using the services and facilities provided by those charging authorities, where practicable through those airlines' representative organisations. Reasonable notice ofany proposals for changes in user charges should be given to such users to enable them to express their views before changes are made. Each Contracting Party shall further encourage its competent charging authorities and such users to exchange appropriate information concerning user charges, - 9 Verify source ↗
Article 9
AI-assisted research summary: Airlines’ tariffs do not need to be filed with or approved by either Contracting Party, but a Contracting Party may require tariff information in some cases.
ARTICLE 9 TARIFFS 1.. Tariffs charged by airlines shall not be required to be filed with, or approved, by either Contracting Party. 2. Notwithstanding paragraph 1 ofthis Article, either Contracting Party may require information of tariffs proposed by its own airline, or the designated airline(s) of the other Contracting Party for carriage to or from its territory. 3. Without limiting the application of general competition and consumer law in each Contracting Party, consultations in accordance with the provisions set forth in - 18 Verify source ↗
(Consultations and AmendmentsJ ofthe present Agreement, may be initiated
AI-assisted research summary: The aeronautical authorities must consult with each other, and either Contracting Party may request consultations.
Article 18 (Consultations and AmendmentsJ ofthe present Agreement, may be initiated by either Contracting Party to: [aJ prevent unreasonably discriminatory tariffs or practices; (b) protect consumers from tariffs that are unreasonably high or unreasonably restrictive due either to the abuse of a dominant position or to concerted practices among air carriers; and (c) protect airlines from tariffs that are artificially low because of direct or indirect governmental subsidy or support. ARTICLE 18 CONSULTATIONS AND AMENDMENTS 1, In a spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult with each other from time to time with a view to ensuring the implementation ol and satisfactory compliance with, the provisions of this Agreement and the Annex attached hereto and shall consult whenever necessary to provide for amendment to this Agreement or the Annex. 2. Either Contracting Party may request consultations, which may be through discussions or by correspondence. Consultations shall begin within a period of thirty (30J days from the date the other Contracting Party receives a written request, unless otherwise agreed by both Contracting Parties. 3. Any amendment ofthis Agreement, or its Annex, shall be effected by an exchange of diplomatic notes and shall enter into force on such date as is provided for by the latter note. - 10 Verify source ↗
Article 10
AI-assisted research summary: Each Contracting Party’s aeronautical authorities must give the other Party’s aeronautical authorities traffic information about agreed services when asked.
ARTICLE 10 EXCHANGE OF INFORMATION The aeronautical authorities of each Contracting Parry shall provide to the aeronautical authorities of the other Contracting Party, on request, information relating to the traffic carried on the agreed services by the respective designated airline(s). Such information shall include statistics and other information required in determining the amount of traffic carried by those airlines on the agreed services. Official Gazette n° Special of 12/02/20201169 ARTICTE 11 RECOGNITION OF CERTIFICATES AND LICENCES 1. Certificates of airworthiness, certificates of competency and licences issued or rendered valid in accordance with the laws and regulations ofone Contracting Party and sti[[ in force, shall be recognised as valid by the other Contracting Party for the purpose of operating the specified routes, provided that the requirements under which such certificates and licences are issued or rendered valid are equaI to or above the minimum standards which may be established pursuant to the Convention. 2. Each Contracting Party reserves the right, however, to refuse to recognise as valid, for the purpose of flights within its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party. - 13 Verify source ↗
Article 13
AI-assisted research summary: Article 13 requires the Contracting Parties to protect civil aviation security and to cooperate on aviation-security measures.
ARTICLE 13 AVIATION SECURITY 1, Consistent with their rights and obligations under international [aw, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo 14 September 1963, the Convention for the Suppression of Unlawful Seizure ofAircraft, 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 1977, its supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 as well as with any other convention and protocol relating to the security of civil aviation which both Contracting Parties adhere to. 2. 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 Official Gazette n° Special of 12/02/20201171 against the safety ofsuch aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civiI aviation. 3. 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. Each Contracting Party shall require that operators of aircraft of their registry, or operators of aircraft who have their principal place ofbusiness or permanent residence in its territory, and the operators ofairports in its territory, act in conformity with such aviation security provisions. 4. Each Contracting Party agrees that such operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 3 of this Article 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, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat. 5. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful act against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof. 6. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions ofthis Article, that Contracting Party may request immediate consultations with the other Contracting Party. 7. Without prejudice to Article 4 [Withholding, Revocation, Suspension or Limitation of Operating Authorisations) of this Agreement, failure to reach a satisfactory agreement within fifteen [15J days from the date of such request will constitute grounds to withhold, revoke, suspend, limit or impose conditions on the operating authorisation of the air carriers of both Contracting Parties. 8. When required by an immediate and extraordinary threat, a Contracting Party may take interim action priorto the expiry offifteen (15) days. 9. upon compliance by the other Contracting Party with the provisions of this Article. Any action taken in accordance with the paragraph 7 above shall be discontinuedReferenced legislation
- Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on 23 September 1977 (unresolved)
- Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo 14 September 1963 (unresolved)
- Convention for the Suppression of Unlawful Seizure ofAircraft, signed at The Hague on 16 December 1970 (unresolved)
- Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 (unresolved)
- Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988 (unresolved)
- 14 Verify source ↗
Article 14
AI-assisted research summary: Certain aircraft, onboard supplies, spare parts, fuel, and direct-transit baggage/cargo are exempt from customs duties and similar charges, subject to conditions and customs control.
ARTICLE 14 EXEMPTION FROM CUSTOMS DUTIES AND OTHER TAXES 1. Aircraft operated, for the agreed services, by the designated airline(s) of either Contracting Party, as well as any aircraft equipment, supplies offuels and lubricants, and Official Gazette n° Special of 12/02/20201172 aircraft stores (including food, beverages and tobacco) on board such aircraft are exempt from all customs duties, inspection fees and other similar charges on arriving in the territory ofthe other Contracting Party, provided that such equipment, supplies and stores remain on board the aircraft up to such time as they are re-exported or are used on the part ofthe journey performed over that territory. 2. Subject to paragraph 3 of this Article, they are also exempt from customs duties, inspection fees and similar charges, with the exception of charges corresponding to the services performed: (a] aircraft stores taken on board in the territory ofa Contracting Party; within limits fixed by the aeronautical authorities ofthat Contracting Party, and for use on board outbound aircraft engaged on an agreed service of the other Contracting Party; (b) spare parts, introduced into the territory of either Contracting Party for the maintenance or repair of aircrafts used, for the agreed services, by the designated airline(s) ofthe other Contracting Party; (c) fuel and lubricants, and consumable technical supplies, to be supplied to an inbound / transiting / outbound aircraft operated, on agreed services, by the designated airline(sJ ofthe other Contracting Party, even when such supplies are to be used on the part ofthe journey performed over the territory ofthe Contracting Party in which they are taken on board. 3. Materials and supplies referred to in subparagraphs (a), (b) and (cJ of paragraph 2 of this Article, may be subject to customs surveillance or control, of the two Contracting Parties. Baggage and cargo in direct transit are exempt from customs duties and other 4. similar taxes provided that these will be under customs surveillance or control. 5. The regular airborne equipment, as well as the materials and supplies retained on board an aircraft ofthe designated airline(s) 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 and such customs authorities may require that such equipment, materials and supplies be placed under their surveillance up to such time as they are re-exported or otherwise disposed of in accordance with customs laws and regulations. - 16 Verify source ↗
Article 16
AI-assisted research summary: Designated airlines may carry out a range of commercial air-service activities in the other Contracting Party, and marketing airlines must tell ticket buyers which airline will operate each sector.
ARTICLE 16 COMMERCIAL ACTIVITIES 1. designated airline(s) of one Contracting Party shall have the right: In accordance with the laws and regulations of the other Contracting Party, the (a) in relation to entry, residence and employment, to bring in and maintain in the territory of the other Contracting Party managerial and other specialist staff, office equipment and other related equipment and promotional materials required for the operation of international air services; (b) to employ technical, administrative and commercial personnel of its own nationality subiect to the laws and regulations in force in the country in which this personnel is to be employed; (c) airline operating in the territory of the other Contracting Party; to use the services of personnel of any other organisation, company or (d) to establish offices in the territory of the other Contracting Party for the purposes of provision, promotion and sale of air services; (e) to sell and market international air services and related products in the territory ofthat other Contracting Parry, directly and, at its discretion, through its agents or other intermediaries, in the local currency or in freely convertible currencies of other countries; (0 to convert and remit to the territory ofits incorporation, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange appticable to current transactions and remiftance on the date the carrier makes the initial application for remittance, Such conversion and remittance shall be made in accordance with the foreign exchange regulations of the Contracting Party concerned; and (gl to pay for local expenses, including purchases offuel, in the territory ofthe other Contracting Party in local currency. At their discretion, the airlines of each Contracting Party may pay for such expenses in the territory of the other Contracting Party in freely convertible currencies according to local currency regulations. The designated airlines of each Contracting Party have the right to enter cooperative marketing arrangements subject to national [aws, regulations and policies, such as blocked space, code sharing or leasing arrangements with an airline or airlines of either Contracting Party or airlines of a third country, provided that the airlines have the appropriate authorisation of exploitation. 3. The marketing airline may be required to file any proposed co-operative marketing arrangements with the aeronautical authorities of each Contracting Party before its introduction. Official Gazette n° Special of 12/02/20201174 4. When holding out services for sale, the marketing airline will make it clear to the purchaser of tickets for such services, at the point of sale, which airline will be the operating airline on each sector of the services and with which airline or airlines the purchaser is entering into a contractual relationship. - 17 Verify source ↗
Article 17
AI-assisted research summary: A Contracting Party may stop leased aircraft from being used for services under the Agreement if they do not meet Air Safety and Aviation Security requirements. Designated airlines may use leased aircraft only if those requirements are met.
ARTICLE 17 LEASING 1. Either Contracting Party may prevent the use of leased aircraft for services under this Agreement which does not comply with Article 12 (Air Safety) and Article 13 fAviation Security] of this Agreement. 2. Subject to paragraph 1 of this Article, the designated airlines of each Contracting Party may operate services under this Agreement by using leased aircraft which meets the requirements provided by Article 12 (Air Safety) and Article 13 (Aviation Security) ofthis Agreement. - 19 Verify source ↗
Article 19
AI-assisted research summary: If both Contracting Parties join a relevant multilateral agreement, they must consult on whether this Agreement should be revised.
ARTICLE 19 MULTILATERAL AGREEMENTS If both Contracting Parties become parties to a multilateral agreement that addresses matters covered by the present Agreement, they shall consult to determine whether the present Agreement should be revised to take into account the multilateral agreement, - 20 Verify source ↗
Article 20
AI-assisted research summary: If a dispute arises over interpreting or applying the Agreement, the Contracting Parties must first try to settle it by consultation and negotiation, and may then use arbitration.
ARTICLE 20 SETTLEMENT OF DISPUTES If any dispute arises between the Contracting Parties relating to the 1. interpretation or application ofthis Agreement, the Contracting Parties shall, in the first place, endeavour to settle it by direct consultation and negotiations. Official Gazette n° Special of 12/02/20201175 2. lf a settlement cannot be reached by the aforementioned methods, the dispute may, at the request of either Contracting Party, be submitted for decision to a tribunal (hereinafter called the "Arbitration Tribunal"J consisting of three arbitrators, one to be appointed by each Contracting Party and the third to be agreed upon by the two so appointed. The third such arbitrator shall not be a national of either Contracting Parfy and shall act as president ofthe Arbitration Tribunal. 3. Each ofthe Contracting Parties shall appoint an arbitrator within a period ofsixty (60) days from the date ofreceipt by either Contracting Party from the other Contracting Party of a notice through the diplomatic channel requesting arbitration ofthe dispute by the Arbitration Tribunal and the third arbitrator shall be appointed within a further period ofsixty (60) days. Ifeither ofthe Contracting Parties fails to appoint an arbitrator within the specified period or ifthe third arbitrator is not appointed within the specified period, the President ofthe CounciI ofthe International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. Ifthe President is ofthe same nationality as one ofthe Contracting Parties, the most senior Vice-President who is not disqualified on that ground shall make the appointment. 4. The Arbitration Tribunal shall determine its own procedure. 5. shall bear in equal proportion the cost ofarbitration. Subiect to the final decision of the Arbitration Tribunal, the Contracting Parties The Contracting Parties shall comply with the decision(s) of the Arbitration 6. Tribunal. 7 . lf, and so long as, either Contracting Party fails to comply with a decision of the Arbitration Tribunal given under this Article, the other Contracting Party may limit, withhold, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party or to its designated airline(s) in default. - 21 Verify source ↗
Article 21
AI-assisted research summary: Either Contracting Party may give written notice through the diplomatic channel to terminate the Agreement.
ARTICLE 21 TERMINATION OF AGREEMENT Either Contracting Party may at any time give notice in writin& though the diplomatic channel, to the other Contracting Party ofits 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 ofthe notice by the other Contracting Party, or after any shorter period of time as may be agreed by both Contracting Parties, unless the notice to terminate is withdrawn by agreement before the expiry period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen [14] days after the receipt of the notice by the International Civil Aviation 0rganization. Official Gazette n° Special of 12/02/20201176 - 22 Verify source ↗
Article 22
AI-assisted research summary: The Contracting Parties must register the Agreement and any later amendments with the International Civil Aviation Organization.
ARTICLE 22 REGISTMTION OF AGREEMENT This Agreement and any subsequent amendments thereto shall be registered with the International Civil Aviation Organization by the Contracting Parties. - 23 Verify source ↗
Article 23
AI-assisted research summary: The Agreement enters into force after both Contracting Parties notify each other by diplomatic notes that their own constitutional procedures are complete.
ARTICLE 23 ENTRY INTO FORCE This Agreement shall enter into force as soon as the two Contracting Parties have notified each other by an exchange of diplomatic notes, that their respective constitutional procedures for the entry into force of this Agreement have been completed. In witness whereof the undersigned, being duly authorised by their respective Governments, have signed this Agreement. Done at Kigali, this 19ft day of October in the Year 2016, in duplicate original copies in the Arabic and English languages, both texts being equally authentic. In case of difference of interpretation the English text shall prevail. FOR THE GOVERNMENT OF THE REPUBLICOF RWANDA OF THE HON. LO MINISTER O GN AFFAIRS AND COOPERATION M. SALAHDDINE MEZOUAR MINISTER OF FOREIGN AFFAIRS AND COOPERATION Official Gazette n° Special of 12/02/20201177 ANNEX ROUTES Points to be operated by the designated airlines of Morocco Points in Morocco Intermediate points Any point or points Any point or points Points in Rwanda Beyond points Any point or points Any point or points II Points to be operated bythe designated airlines of Rwanda Points in Rwanda Intermediate points Any point or points Any point or points Points in Morocco Beyond points Any point or points Any point or points Nore j Any point or all intermediate points and/or beyond points on the specified routes may, at the discretion of each airline, be omitted on any or all flights. Official Gazette n° Special of 12/02/20201178 Bibonywe kugira ngo bishyirwe ku mugereka w’Iteka rya Perezida no 025/01 ryo ku wa 31/01/2020 ryemeza burundu Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma y’Ubwami bwa Maroc ajyanye no Gutwara Abantu n’Ibintu mu Kirere, yakorewe i Kigali, ku wa 19 Ukwakira 2016 Agreement Seen to be annexed to Presidential Order no 025/01 of 31/01/2020 ratifying the Air the Services Government of the Republic of Rwanda and the Government of the Kingdom of Morocco, done at Kigali, on 19th October 2016 between Vu pour être annexé à l’Arrêté Présidentiel no 025/01 du 31/01/2020 ratifiant l’Accord le relatif aux services aériens entre Gouvernement de la République du Rwanda et le Gouvernement du Royaume du Maroc, fait à Kigali, le 19 octobre 2016 Kigali, ku wa 31/01/2020 Kigali, on 31/01/2020 Kigali, le 31/01/2020 (sé) KAGAME Paul Perezida wa Repubulika (sé) Dr NGIRENTE Edouard Minisitiri w’Intebe (sé) KAGAME Paul President of the Republic (sé) Dr NGIRENTE Edouard Prime Minister (sé) KAGAME Paul Président de la République (sé) Dr NGIRENTE Edouard Premier Ministre Bibonywe kandi bishyizweho Ikirango cya Repubulika: Seen and sealed with the Seal of the Republic: Vu et scellé du Sceau de la République: (sé) BUSINGYE Johnston Minisitiri w’Ubutabera/Intumwa Nkuru ya Leta (sé) BUSINGYE Johnston Minister of Justice/Attorney General (sé) BUSINGYE Johnston Ministre de la Justice/Garde des Sceaux Official Gazette n° Special of 12/02/20201179
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AIR SERVICES AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE KINGDOM OF MOROCCO, DONE AT KIGALI, ON 19TH OCTOBER 2016
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