AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE STATE OF QATAR FOR AIR SERVICES DONE AT DOHA, ON 15TH NOVEMBER 2018
This provision ratifies the Rwanda–Qatar air services agreement and says it becomes fully effective. It also defines key terms used in the agreement.
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Citation provenance: source:rw:amategeko · schema StatuteEnrichmentPublicV1.
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About this statute
This provision ratifies the Rwanda–Qatar air services agreement and says it becomes fully effective. It also defines key terms used in the agreement. The Prime Minister and three named ministers are responsible for implementing this Order. This Order takes effect when it is published in the Official Gazette of the Republic of Rwanda. This article defines several aviation terms, including capacity, agreed services, specified routes, tariff, user charges, and territory. Each Contracting Party may designate an airline, and the other Party must grant operating authorizations unless the ownership/control condition or other listed conditions justify refusal or limits.
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Provisions of AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE STATE OF QATAR FOR AIR SERVICES DONE AT DOHA, ON 15TH NOVEMBER 2018
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Kwemeza burundu
AI-assisted research summary: This provision ratifies the Rwanda–Qatar air services agreement and says it becomes fully effective. 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 ya Leta ya Qatar ajyanye no Gutwara Abantu n’Ibintu mu Kirere, yakorewe i Doha, ku wa 15 Ugushyingo 2018, ari ku mugereka w’iri teka, yemejwe burundu kandi atangiye gukurikizwa uko yakabaye. The Agreement between the Government of the Republic of Rwanda and the Government of the State of Qatar for Air Services, done at Doha, on 15th November 2018, 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 de l’État du Qatar, fait à Doha, le 15 novembre 2018, annexé au présent arrêté, est ratifié et sort son plein et entier effet. ARTICLE 1 Definitions For the purpose of this Agreement, unless the context otheMise requires: 1. The term " the Convention" means the Convention on lnternational Civil Aviation opened for signature at Chicago on the seventh day of December, 1944 and includes any annex adopted under article 90 of that Convention and any amendment ofthe annexes or Convention under articles 90 and 94 thereof, so far as those annexes and amendments have become effective for or been ratified by both Contracting Parties; 2. The term "Agreemenf' means this Agreement, the Annex attached thereto and any Protocols or similar documents amending the present Agreement or the Annex. 3. The term "aeronautical authorities' means: in the case of the Government of the Republic of Rwanda, the ministry of infrastruc'ture and Rwanda Civil Aviation Authority, and in the case of the Govemment of the State of Qatar; the Minister of Transport and Communications, and in both cases any person or body authorized to perform any functions at present exercisable by the said authorities or similar functions, 4. The term " designated airline" means an airline which has been designated and authorized in accordance with Article 4 of this Agreement; 5. The terms " air service', "intemational air service", "airline' and "stop for non-traffic purposes", have the meanings respectively assigned to them inReferenced legislation
- Convention on lnternational Civil Aviation (unresolved)
- 2 Verify source ↗
Abashinzwe gushyira mu
AI-assisted research summary: The Prime Minister and three 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 Applicabilitv of Chicaqo Convention The provisions of this Agreement shall be subject to the provisions of the convention in sofar as those provisions are applicable to international air services' - 3 Verify source ↗
Igihe iri teka ritangirira
AI-assisted research summary: This Order takes effect when 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 12/02/20201212 027/01 ARRÊTÉ PRÉSIDENTIEL No 027/01 ITEKA RYA PEREZIDA No 027/01 PRESIDENTIAL ORDER No DU DE OF RYO KU WA 31/01/2020 RYEMEZA THE L’ACCORD RELATIF AUX SERVICES THE AGREEMENT BURUNDU AMASEZERANO HAGATI AÉRIENS ENTRE LE GOUVERNEMENT GOVERNMENT OF THE REPUBLIC OF YA GUVERINOMA YA REPUBULIKA DE LA RÉPUBLIQUE DU RWANDA ET RWANDA AND THE GOVERNMENT OF Y’U RWANDA NA GUVERINOMA YA LE GOUVERNEMENT DE L’ÉTAT DU THE STATE OF QATAR FOR AIR LETA YA QATAR AJYANYE NO SERVICES DONE AT DOHA, ON 15TH QATAR, FAIT À DOHA, LE 15 GUTWARA ABANTU N’IBINTU MU NOVEMBRE 2018 NOVEMBER 2018 KIRERE, YAKOREWE I DOHA, KU WA 15 UGUSHYINGO 2018 31/01/2020 RATIFYING RATIFIANT BETWEEN 31/01/2020 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° 57/2019 ryo ku wa ryemera kwemeza burundu 25/10/2019 Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Leta ya Qatar ajyanye no Gutwara Abantu n’Ibintu mu Kirere, yakorewe i Doha muri Qatar, ku wa 15/11/2018; Pursuant to Law n° 57/2019 of 25/10/2019 approving the ratification of the Agreement between the Government of the Republic of Rwanda and the Government of the State of Qatar for Air Services, done at Doha, Qatar, on 15 November 2018; Vu la Loi n° 57/2019 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 de l’État du Qatar, fait à Doha au Qatar, le 15 novembre 2018; Tumaze kubona Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Leta ya Qatar ajyanye no Gutwara Abantu n’Ibintu mu Kirere, yakorewe i Doha, ku wa 15 Ugushyingo 2018; the Agreement between Considering the Government of the Republic of Rwanda and the Government of the State of Qatar for Air Services, done at Doha, on 15th November 2018; Considérant l’Accord relatif aux services la aériens entre République du Rwanda et le Gouvernement de l’État du Qatar, fait à Doha, le 15 novembre 2018; 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 12/02/20201213 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 12/02/20201214 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 12/02/20201215 W’ITEKA UMUGEREKA RYA PEREZIDA No 027/01 RYO KU WA RYEMEZA BURUNDU 31/01/2020 AMASEZERANO YA HAGATI GUVERINOMA YA REPUBULIKA Y’U RWANDA NA GUVERINOMA YA LETA YA QATAR AJYANYE NO GUTWARA ABANTU N’IBINTU MU KIRERE, YAKOREWE I DOHA, KU WA 15 UGUSHYINGO 2018 BETWEEN ANNEX TO PRESIDENTIAL ORDER No 027/01 OF 31/01/2020 RATIFYING THE AGREEMENT GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE STATE OF QATAR FOR AIR SERVICES DONE AT DOHA, ON 15TH NOVEMBER 2018 ANNEXE À L’ARRÊTÉ PRÉSIDENTIEL No 027/01 DU 31/01/2020 RATIFIANT L’ACCORD RELATIF AUX SERVICES AÉRIENS ENTRE LE GOUVERNEMENT DE LA RÉPUBLIQUE DU RWANDA ET LE GOUVERNEMENT DE L’ÉTAT DU QATAR, FAIT À DOHA, LE 15 NOVEMBRE 2018 Official Gazette n° Special of 12/02/20201216 AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE STATE OF QATAR FOR AIR SERVICES The Government of the Republic of Rwanda and The Government of the State of Qatar Hereinafter reffered to as (the Contracting Parties)' Being parties to the convention on lnternational civil Aviation opened for signature at Chicago on the seventh day of December, 1944; Desiring to conclude an Agreement, supplementary to the said Convention, for the prrpo.E of establishing air iervices between and beyond their respective territories; Have agreed as follows: Official Gazette n° Special of 12/02/20201217 ARTICLE 3 Grant of Riqhts Each Contracting Party grants to the other Contracting Party the following rights in respect of ils scheduled international air services: ai the right to fly across its territory without landing;-. bi the riaht to make stops in its territory for non-traffic purposes' Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose oI establishing scheduled i,ieinationaf air sirvices on the routes specified in the appropriate section of the Schedules annexed to this Agreement. Such services and routes are heieafter called "the agreed services" and "the specified routes" respectively While operating an agieed service on a specified route,.the airlines designaied by each Contracting Party shall enjoy in addition to the rights in plragraph 'l of this Article the right to- make stops in the territory oi the other bontracting Party at the points specified forthat route in the "peJifieO ann"xed to ihis Agreement for the purpose of taking on board and ".n"Orte" discharging passengers and cargo including mail' in combination or separately. Nothing in paragraph (2) of this Article shall be deemed to confer on the aiitines-ot one ionira&ing Party, the privilege of taking on board, in the Griitory ot tfre other Contiacting Party' passengers and. cargo including mail hire or reward and dlstined for another point in the territory of the ""rti"itor other Contracting PartY.Referenced legislation
- convention on lnternational civil Aviation (unresolved)
- 96 Verify source ↗
of the Convention.
AI-assisted research summary: This article defines several aviation terms, including capacity, agreed services, specified routes, tariff, user charges, and territory.
Article 96 of the Convention. 6. The term" Capacity' in relation to an aircraft means the payload of the aircraft available on the route or section of a route; and in relation to a specified air service means the capacity of aircraft, used on such service, multiplied by the frequency of the flights, operated by such an aircraft over a given period and route or section of route. 7. The terms " Agreed Services' and "specified routes" have the meaning respectively of icheduled international air services and of routes specified in the Annex to this Agreement. 8. The term "Tariff' means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply' inciiOiig prices and conditions for agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail' 9. The term "User Charges" means fees or rates levied for the use of airports' navigational facilities ind other related services offered by one Contracting Party to the other. 10. The term ,,territory" in relation to a state has the meaning assigned to it in Article (2) of the Chicago Convention. Official Gazette n° Special of 12/02/20201218 - 4 Verify source ↗
Article 4
AI-assisted research summary: Each Contracting Party may designate an airline, and the other Party must grant operating authorizations unless the ownership/control condition or other listed conditions justify refusal or limits.
ARTICLE 4 Each contracting Party shall have the right to designate in.writing to the other Contr"aing pariy an a-irline for the purposes of operating the agreed services on the specified routes. Onreceiptofsuchdesignation,theotherContractingPartyshall,subiectto tne provisions of paragriphs (3) and (4) of this Article, without delay grant to the airline designated the appropriate operating authorizations' The aeronautical authorities of one Contracting Party may require an airline aeiignatea by the other Contracting Party to satisfy them that it is qualified to trftiiitn" coniition" prescribed undlr the laws and regulations normally and 1. 2. 1. ? Official Gazette n° Special of 12/02/20201219 4. 5. 1. 2. 1. reasonably applied to the operation of international air services by such authodties in conformity with the provisions of the Convention. Each Contracting Party shall have the right to refuse to grant the operating authorization refened to in paragraph (2) of this Article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in Article (3) of this Agreement, in any case where the said contracting Party is not satisfied that substantial ownership and effective control of that lirline are vested in the Contracting Party designating the airline or in its nationals. When an airline has been so designated and authorized it may begin at any time to operate the agreed services, provided that a tariff established in accordance with the pr6visions of Article (8) of this Agreement, is in force in respect of the service. - 5 Verify source ↗
of this Agreement.
AI-assisted research summary: Each Contracting Party may revoke, suspend, or add conditions to an airline’s operating rights, and normally must consult the other Party first.
ARTICLE 5 Each Contracting Party shall have the right to revoke an operating auttrorization or td suspehd the exercise of the rights specified in Article (3) of this Agreement by an airline designated by the other Contracting Party, or to impos-e such conditions as it may deem necessary on the exercise of these rights: a) ' in any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracling Party designating the airline or in the nationals of such Contracting Party; or b)inthecaseoffailurebythatairlinetocomplywithlawsorregulations of the Contracting Party granting these rights; or c) in case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement. Unless immediate revocation, suspension, or imposition of the conditions mentionedinparagraph(1)ofthisArticleisessentialtopreventfurther intiinlement oi raG o, regulations, such right shall be exercised only after consultation with the other Contracting Party. Article 5 of this Agreement. - 6 Verify source ↗
Article 6
AI-assisted research summary: Certain aircraft, equipment, fuel, and stores used by designated airlines on international air services are exempt from customs duties and similar charges, subject to conditions.
ARTICLE 6 Exemotion from Customs and other Duties Aircraft operated on international air services by the designated airline- of either Contracting Party, as well as their regular equipment, supplies of fuel anO tuOricants, ina aiicraft stores (including food, beverages, tobacco) on board such aircraft shall be exempted from all customs duties, inspection fees and other similar charges on arriving in the territory of the other contracting Farty, provioea such e-quipment and supplies remain on board the aircraft up Official Gazette n° Special of 12/02/20201220 to such time as they are re-exported or are used on the part of the journey performed over that territory. 2. They shall also be exempt from the same duties, fees and charges, with the exception of charges conesponding to the service performed, a) b) ' c) d) e) aircraft stores taken on board in the territory of a Contracting Party,within limits fixed by the authorities of the said Contracting party' and ior use on board outbound aircraft engaged in an international air service of the other Contracting Party; spare parts and regular equipment introduced into the territory of Contracting Party for the maintenance or repair of aircraft used international air services by the designated airline of the other on "itne, Contracting Party; fuel and lubricants supplied in the territory. of a. Conkacting Party to outbound aircraft of a designated airline of the other Contracling Party engaged in an international air service, even when these supplies are to be used on the part of the journey performed over the tenitory of the Contracting Party in which they are taken on board; advertising materials, uniform items and airline documentation having no comniercial value used by the designated airlines of one Contracting Party in the territory of the other Contracting Party; the office equipment introduced in the tenitory of either Contracting Pany in order io be used in the offices of the designated airline of the other Contracting Party provided that such equipment is in the disposal of thosJofiices during three (3) years from the date of their introduction into that territory and the principle of reciprocity applies' Materials refened to in sub-paragraphs (a), (b) and (c) above may be required to be kept under customs supervision or control' ., 4. Passengers, baggage and cargo in direct transit across the territory of one Contraciing eartl- a-nd not leaving the area of the airport reserved for such purpose s[all be subject to a very simplified control' Baggage and cargo-in iirect transit only shall be exempt from customs duties and other similar taxes. The regular airborne equipment' as well as the materials and supplies retainei on board the aircraft of either Contracting Party, may be unloaded in the tenitory of the other Contracting Party only with the approval of the customs authorities of that tenitory. ln such a case, they may be placed under the supervision of the said authorities up to such time as they are re- exported or oihenrvise disposed of in accordance with customs regulations. Official Gazette n° Special of 12/02/20201221 - 7 Verify source ↗
Article 7
AI-assisted research summary: This provision gives airlines of both Contracting Parties fair and equal access to operate agreed services, lets designated airlines set capacity and frequencies on commercial grounds, and bars either Party from unilaterally limiting traffic, frequencies, service regularity, or aircraft type except for certain uniform requirements.
ARTICLE 7 Princioles GoverninE O ration of Aq reedse r!{!eeq 1. There shall be fair and equal opportunity for the airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective tenitories. ln operating the agreed services, the designated airline of one Contracting Party shall iake into account the interests of the designated airline of the other Coniracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same routes. The agreed services provided by the designated airlines of the Contracting Partiei shall bear close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objeitive the provision, at a reasonable load factor, of capacity adequate to cairy the current and reasonably anticipated requirements for the carriage of or destined for the pasi"nger. and cargo including mail originating from ienitory of the Contracting Party which has designated the airline. Provision for the carriage of passengers and cargo including mail both taken on board and discharged at points on the specified routes in the tenitories of States other than that designating the airline shall be made in accordance with the general principles 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 agreed service 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. 4. 5. Each contracting Party shall take all appropriate action within its jurisdiction to eliminate all Jorms of discrimination and anti-competitive or predatory practices in the exercise of the rights and entitlements set out in this Agreement. Each Contracting Party shall allow the Designated Airlines to determine the capacity and the number of frequencies to be operated based upon commercial consideration in the marketplace. Consistent with this right' neither Contracting Party shall unilaterally limit the volume of traffic, frequencies or regularity of service or the aircraft type(s) operated by the Designated Airline! of the other Contracting Party, except as may be required for dustoms, technical, operational or environmental requirements under uniform conditions consistent with Article "15 of the Convention. - 8 Verify source ↗
Article 8
AI-assisted research summary: Contracting Parties must let designated airlines set air tariffs on commercial grounds, limit intervention to specific anti-competitive or consumer-protection cases, avoid unilateral blocking, and consult if a tariff is disputed.
ARTICLE 8 Tariffs 1. Each Contracting Party shall allow Tariffs for air transportation to be established by each Designated Airline based upon commercial considerations in the marketplace. lntervention by the Contracting Parties shall be limited to:- (a) prevention of Tariffs whose application constitutes anti-competitive behavior Official Gazette n° Special of 12/02/20201222 which has or is likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route; (b) protection of consumers from tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; and (c) protection of Designated Airlines from tariffs that are artificially low' Tariffs for international air transportation between the Territories of the contracting Parties shall not be required to be filed. Notwithstanding the Designated Airlines of the contracting Parties shall continue to foregoing, prov'ioe immediate alcess, on request, to information on historical, existing, and proposed tariffs to the Aeronautical Authorities of the contracting Parties in a manner and format acceptable to those Aeronautical Authorities' -the 3. Neither contracting Party shall take unilateral action to prevent the inauguration or continuation of! taritt proposed to be charged or charged by a Designated Airlines of either Contracting Party for intemational air transportation. lf either contracting Party believes that any such tariff is inconsistence with the consideraiions set tortn in paragraph (1) of this Article, it shall request for consultations and notify the other contracting Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later tn". SO days after receipi of the request, and the Contracting Parties shall cooperate in securing infoimation necessary for reasoned resolution of the issue. lf the Contracting eirties reach agreement with respect 1o a tariff for which a notice of dissatisiaction has been given, each Contracting Party shall use its best efforts to put that agreement into effect. without such mutual agreement to the contrary, the tariff shall go into effect or continue in effect' - 9 Verify source ↗
Article 9
AI-assisted research summary: The designated airline must submit its flight timetable for approval to the aeronautical authorities before scheduled flights begin, including aircraft type and capacity.
ARTICLE 9 APProval of Time-Tables The designated airline shall submit for approval to the aeronautical authorities of the ottliCoitraAing party the flight time{able including the type of aircraft to be used as well as the cJpacity. This should be submitted not later than (30) days prior to the iniujuration of ihe icheduled flights. This requirement..shatl also apply to later ameiOments. ln special cases, if necessary, the mentioned time limit may be reduced after consultation between the mentioned authorities' - 1O Verify source ↗
Article 1O
AI-assisted research summary: Aeronautical authorities must provide statistics to the other contracting Party’s aeronautical authorities when requested.
ARTICLE 1O Provision of Statistics The aeronautical authorities of a contracting Party shall supply to the aeronautical authorities of the other contracting Party at their request such periodic or other statements of statistics as may be ieasonably required for the purpose ol reviewing provided on the agreed services by the designated airline. of the tne dontiaiting'plrty referred to firsiin this Article. Such statements shall include all informatiori requiied to determine the amount of traffic carried by those airlines on the agreed services and the origins and destinations of such traffic' "ap""itv Official Gazette n° Special of 12/02/20201223 1. 1. - 11 Verify source ↗
Article 11
AI-assisted research summary: The Contracting Parties must allow free transfer of airline earnings and must apply aviation-security measures and cooperation duties.
ARTICLE 11 Transfer of Earninqs Each Contracting Party shall grant to the designated airline of the other Contracting Party, the right of free transfer of the excess receipts over expenditure earned in the territory of the respective Contracting Party. Such transfer shall be effected on the basis of official exchange rates or where there are no official exchange rates, at the prevailing foreign exchange market rates for cunent Payment. lf a Contracting Party imposes restrictions on the transfer of excess receipts over expenditure by the designated airline of the other Contracting Party, the latter shall have the right to impose reciprocal restrictions on the designated airline of that Conkacting PartY. ARTICLE t2 Aviation Securiw Consistent with their rights and obligations under international law, the Contracting Parties reafftrm that their obligation to each other to protect the security of-civil aviation against acts of unlawful interference forms an integral and obligations under part of tnis Agreement. Without limiting their rights international liw, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, and the Convention for the Suppression of Uniawtut Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 197i and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving lnternational Civil Aviation, done at Montreal on 24 February'1988, and the provisions of multilateral agreements which will become binding on both Contracling Parties. . The Contracting Parties shall provide upon request all necessary assistance to each other io prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air-navigation faciliiies, and any other threat to the security of civil aviation. J. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation seiurity provisions established by the lnternational Civil Aviation Organization and dlsignated as Annexes to the Convention on lnternational Civ]l Aviation to the extlnt that such security provisions are applicable to both contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their ierritory act in conformity with such aviation security provisions. 4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph (3) above Official Gazette n° Special of 12/02/20201224 5. o. 7. 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 tenitory 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 positive consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such an incident or threat thereof. Should one Contracting Party have problems with regard to the aviation security provisions of this Article, the aeronautical authorities of either Contrac{ing Party may request immediate consultations with the aeronautical authorities of the other Contracting Party.Referenced legislation
- Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving lnternational Civil Aviation, done at Montreal on 24 February'1988 (unresolved)
- Convention for the Suppression of Uniawtut Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 197i (unresolved)
- Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963 (unresolved)
- Convention on lnternational Civ]l Aviation (unresolved)
- Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970 (unresolved)
- 13 Verify source ↗
Article 13
AI-assisted research summary: Contracting Parties may request consultations on aviation safety standards, and consultations must occur within 30 days of the request.
ARTICLE 13 Aviation Safetv 1. Each Contrac{ing Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request. lf, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contrac'ting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate aciion within fifteen (15) days or such longer period as may be agreed, shall be grounds for the application of Article 5 of this Agreement. 2 Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the airline of one Contracting Party on services to or from the territory of the other Contracting Party may, while within the tenitory of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party' on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called "ramp inspection"), provided this does not lead to unreasonable delay. 4. lf any such ramp inspection or series of ramp inspections gives rise to: Official Gazette n° Special of 12/02/20201225 a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Contracting Party carrying out the inspection shall, for the purposes of - 33 Verify source ↗
of the Convention, be free to conclude that the requirements under
AI-assisted research summary: A Contracting Party may suspend or vary an airline’s operating authorization immediately if it concludes urgent action is needed for safety.
Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses 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. o. 7. ln 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 above is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred in that paragraph. Each Contracting Party reserves the right to suspend or vary the operating authorization of the airline of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation. Any action by one Contracting Party in accordance with paragraphs 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist. - 14 Verify source ↗
Article 14
AI-assisted research summary: A Contracting Party may not impose or allow airport and air-navigation charges on aircraft of the other Contracting Party that are higher than the charges paid by its own scheduled international aircraft.
ARTICLE 14 User CharEes Any charge that may be imposed or permitted to be imposed by a Contracting Party for the use of airports and air navigation facilities by the aircraft of the other Contracting Party shall not be higher than those that would be paid by its national aircraft engaged in scheduled international air services. - 15 Verify source ↗
Article 15
AI-assisted research summary: Aircraft passengers, crew and cargo must comply with a Contracting Party’s entry, customs, health, and related rules; authorities may search aircraft and inspect required documents; each Party must allow designated foreign airline personnel to enter and work subject to the other Party’s entry, residence, and employment rules.
ARTICLE 15 Applicabilitv of National Leqislation 1. The laws and regulations of a Contracting Party as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, cuirency, health and quarantine shall be complied with by or on behalf of l0 Official Gazette n° Special of 12/02/20201226 such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that Contracting Party. The laws and regulations of a Contracting Party relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft of the other Contracting Party while within its territory shall be applied. The appropriate authorities of a Contracting Party shall have the right without unreasonable delays, to search aircraft of the other Contracting Party on landing or departure and to inspect the certificate and other documents prescribed by the Convention. ARTICLE,I6 Commercial Activities Each Contracting Party shall permit the designated airline of the other Contracting Party to bring and maintain in the territory of the other Contracting Party, employees and other responsible personnel for the administration, technical and commercial operations of their air services activities in accordance with the entry, residence and employment rules and regulations of the other Contracting Party. 1. 1. - 17 Verify source ↗
Article 17
AI-assisted research summary: The Contracting Parties’ aeronautical authorities must consult each other on implementation, compliance, and needed changes, and disputes must first be addressed by negotiation or arbitration steps.
ARTICLE 17 Consultation ln a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consull each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the Annexed Schedules and shall consult when necessary to provide for modifications thereof. Either Contracting Party may request consultation in writing which shall begin within a period of sixty (60) days of the date of receipt of the request, unless both Contracting Parties agree to an extension of this period. ARTICLE Settlement of Disoutes '8 lf any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation. lf the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body; if they do not so agree, the dispute shall, at the request of either Contracting Party be submitted for decision to a tribunal of three (3) arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominale an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting 1t Official Gazette n° Special of 12/02/20201227 Party from the other of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal, and the third arbitrator shall be appointed within a further period of sixty (60) days. lf 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, the President of the Council of the tnternational Civil Aviation Organization may, at the request of either Contracting Party, appoint an arbitrator or arbitrators as the case requires. ln such case, the third arbitrator shall be a national of a third State and shall act as President of the arbitral tribunal. Each Contracting Party shall bear the costs of the arbitrator it has nominated as well as of its representation in the arbitral proceedings. The cost of the President and any other costs shall be borne in equal parts by the Contracting Parties. 4. The Contracting Party shall comply with any decision given under paragraph (2) of this Article. - 19 Verify source ↗
Article 19
AI-assisted research summary: This article sets out how amendments to the agreement are made and when they take effect.
ARTICLE 19 Amendments 1. 2. lf either of the Contracting Parties considers it desirable to modify any provision of this Agreement, such modifications, if agreed between the Contracting Parties and if necessary after consultation in accordance with Article (17) of this Agreement, shall come into effect when confirmed by an exchange of notes, through the diplomatic channels. lf the amendment relates to the provisions of the Agreement other than those of the annexed schedules, the amendment shall be approved by each Contracting Party in accordance with its constitutional procedures. lf the amendment relates only to the provisions of the annexed schedules, it shall be agreed upon between the aeronautical authorities of both Contracting Parties. - 20 Verify source ↗
Article 20
AI-assisted research summary: The State where the Agreement is signed must register the Agreement and any later amendments with the International Civil Aviation Organization.
ARTICLE 20 Reqistration with the lnternational Civil Aviation OrEanization This Agreement and any subsequent amendments thereto shall be registered with the lnternational Civil Aviation Organization by the State where the signature of the Agreement will take place. - 21 Verify source ↗
Article 21
AI-assisted research summary: Contracting Parties must recognize certain valid aviation certificates and licences from the other Party, subject to minimum standards and specific exceptions.
ARTICLE 21 Recoqnition of Certificates and Licences 1. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Contracting Party, and still in force, shall be recognized as valid by the other Contracting Party for the purpose of operating services provided for in this Agreement, provided that the 12 Official Gazette n° Special of 12/02/20201228 requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which are or may be established pursuant to the Convention. Each Contracting Party reserves the right, however, to refuse to recognize, for the purpose of flights above its own territory, certificates of competency and licences granted to its own nationals or rendered valid for them by the other Contracting Party or by any other State. lf 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 operating the agreed services on the specified routes would permit a difference from the standards established under the Convention, and which difference has been filed with the lnternational Civil Aviation Organization, the Aeronautical Authorities of the other Contracting Party may request consultations in accordance with Article 17 of this Agreement with the Aeronautical Authorities of that Contracting Party with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach a satisfactory agreement will constitute grounds for the application of - 22 Verify source ↗
Article 22
AI-assisted research summary: If a general multilateral air transport convention or agreement comes into force for both Contracting Parties, this Agreement and its Annexes are treated as amended accordingly.
ARTICLE 22 Conformitvwith ultilateralConventions lf a general multilateral air transport convention or agreement comes into force in respect of both Contracting Parties, the present Agreement and its Annexes shall be deemed to be amended accordingly. - 23 Verify source ↗
Article 23
AI-assisted research summary: Annexes are treated as part of the Agreement, and references to the Agreement include the Annexes unless the text expressly says otherwise.
ARTICLE 23 Annexes Annexes to this Agreement shall be deemed to be part of the Agreement and all references to it shall include reference to the Annexes except where otherwise expressly provided. - 24 Verify source ↗
Article 24
AI-assisted research summary: Either Contracting Party may end the Agreement by giving notice to the other party, and the notice must also be sent to the International Civil Aviation Organization.
ARTICLE 24 Termination Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement; such notice shall be simultaneously communicated to the lnternational Civil Aviation Organization. ln such case the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. ln the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the lnternational Civil Aviation Organization. l3 Official Gazette n° Special of 12/02/20201229 - 25 Verify source ↗
Article 25
AI-assisted research summary: Each Contracting Party must approve the Agreement under its own constitutional requirements, and the Agreement comes into force when the Contracting Parties exchange diplomatic notes.
ARTICLE 25 Entry into Force This Agreement shall be approved according to the constitutional requirements in the country of each Contracting Party and shall come into force on the day of an exchange of diplomatic notes by the Contracting Parties. ln witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed the present Agreement. Done at Doha the 15th day of November, 2018, in duplicate, in Arabic and English languages, all texts being equally authentic. ln case of divergent interpretation, the English text shall prevail. )ffiD For t6e Eovernment of the Republic of Rwanda State of Qatar t4 Official Gazette n° Special of 12/02/20201230 ANNEX Route Schedule 1 1. Routes to be operated by the designated airline of the Republic of Rwanda: (1) From Any points in the Republic of Rwanda {2t lntermediate Points Any points (3) To Any points in the State of Qatar (4) Bevond Points Any points 2. The designated airline of the Government of the Republic of Rwanda may, on all or any flights, omit calling at any of the points in columns (2) and (4) above, provided that the agreed services on these routes begin at a point in column (1). 1. Routes to be operated by the designated airline of State of Qatar: Route Schedule 2 (1) From Any points in the State of Qatar l2l lntermediate Points Any points (3) To Any points in the Republic of Rwanda (4) Bevond Points Any points 2. The designated airline of the Government of the State of Qatar may, on all or any flights, omit calling at any of the points in columns (2) and (4) above, provided that the agreed services on these routes begin at a point in column (1). 15 Official Gazette n° Special of 12/02/20201231 Bibonywe kugira ngo bishyirwe ku mugereka w’Iteka rya Perezida no 027/01 ryo ku wa 31/01/2020 ryemeza burundu Amasezerano hagati ya Guverinoma ya Repubulika y’u Rwanda na Guverinoma ya Leta ya Qatar ajyanye no Gutwara Abantu n’Ibintu mu Kirere, yakorewe i Doha, ku wa 15 Ugushyingo 2018 Seen to be annexed to Presidential Order no 027/01 of 31/01/2020 ratifying the Agreement between the Government of the Republic of Rwanda and the Government of the State of Qatar for Air Services, done at Doha, on 15th November 2018 Vu pour être annexé à l’Arrêté Présidentiel no 027/01 du 31/01/2020 ratifiant l’Accord le relatif aux services aériens entre Gouvernement de la République du Rwanda fait à Doha, le 15 novembre 2018 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 12/02/20201232
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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF RWANDA AND THE GOVERNMENT OF THE STATE OF QATAR FOR AIR SERVICES DONE AT DOHA, ON 15TH NOVEMBER 2018
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