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AIR

TRANSPORT

THE

GOVERNMENT

AND

THE

OF

AOREEMENT

THE

GOVERNMENT

REPUBLIC


OF

THE

BETWEEN
OF

STATE

INDONESIA
OF

KUWAIT

The Government of the Republic of Indonesia and the Government of the State of Kuwait, hereinafter called the Contracting Parties;
Des i r i n g t o f o s t e r t he de v e 1o pm en t o f a i r s e r v i c e s b e t ween
the Government of the Republic of Indonesia and the Government of the State of Kuwait and to promote in the greatest
possible measure international co-operation in this field;
Desiring to apply to this Agreement the principles ' and provisions of the Convention on International Civil Aviation

opened for signature at Chicago on the seventh day of December 1944, have agreed as follows :

l

ARTXCLE

X

DEFXNXTXONS

For the purpose of this Agreement, unless the context otherwise requires :
1. the term "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the
seventh day of December 1944 and includes any Annex adopted under Articles 90 of that Convention and any amendment
of the annexes or of the Convention under Article 90 and
94 thereof approved by both contracting parties;
2. the term "Aeronautical Authorities" means,
in the case of
Government of the Republic of Indonesia, Ministry of
Communications and in the case of the Government of the
State of Kuwait, Directorate General of Civil Aviation, or

in both cases any other person or body duly authorized to
perform the functions exercised by the said authorities;
3. the term "Designated Airline" means, an airline(s) which
has been designated and authorized in accordance with
Article III of this Agreement;
4. the term "Territory" means, the land territory and the
territorial sea as defined in its respective laws according to Article 2 of the Chicago Convention on International Civil Aviation (1944) as well as part IV of the United
Nations Convention on the Law of the Sea, 1982;
5.

the term "Air Services", "International Air Ser v ice " ,
"Airline" and "Stop for non-traffic purposes" shall have
the meaning respectively laid down in Article 96 of the
Convention;

セ ᄋ

エィ・@
term "Schedule " means, the route schedule anne xed to
this Agreement or as amended in accordance with the provisions of paragraph (3) of Article XVI of this Agreement.

The schedule forms an integral part of this Agreement and
all references to the Agreement shall include reference to
the schedule except where otherwise provided;

7. the term "Specified Routes" means, the routes specified in

the appropriate section of the schedule for the designated
airline(s) to establish and operate international air
services;
8. the term "Agreed Services" means, the international air
services which designated airline(s) is entitle to operate, on the specified routes, according to the p r o v isions
of this Agreement;

2

9. the term "Tariffs" means, the prices to be paid for the
carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and
conditions for agency and other auxiliary services, but
excluding remuneration or conditions for the carriage of
rna i 1 ;


10. the term "Capacity" means :
a.

in relation to an aircraft, the payload of that aircraft available on a route or section of a route.

b. in relation to a specified air service, the capacity of
the aircraft used on such service multiplied by the
frequency operated by such aircraft over a given period
on a route or a section of a route.

3

ARTXCLE
TRAFFXC

XX

RXOHTS


1. Each Contracting Party grants to the other Contracting
Party the rights specified in this Agreement to enable its
designated airline(s) to establish and operate interna tional air services on the routes specified in the appr opriate section of the schedule thereto.
2 . Subject to the provisions of this Agreement, the designated airline(s) of each Contracting Party shall enjoy the
following privileges :
a.

to fly without landing across the territory of the
other contracting party;

b. to make stops in the said territory for non-traffic
purposes; and
c. to make stops in the said territory
at the point or
points
specified for
that route in the schedule for
the purpose of discharging and of taking on,
interna tional traffic (passengers, mail and cargo).
3. Nothing in paragraph (2)

of this Article shall be
deemed to confer on the designated airline(s) of one
Contracting Party the privilege of taking up, in the
territory of the other Contracting Party, passengers,
cargo or mail carried with or without remuneration or hire
and destined for another point in the territor y of that
Contracting Party.
4 . No twithstanding the provisions of paragraphs ( 1) and ( 2 )
of this Article, the operation of agreed serv ices in areas
of hostilities or military occupation, or in areas affected thereby, shall, in accordance with Article 9 of the
Convention, be subject to the approval of the competent
military authorities.

4

ARTXCLE
DESXONATXON

AND


XXX
AUTHORXZATXON

1. The agreed air services on the routes specified in accordance with paragraph (1) of Article II of this Agreement
may be started at any time, provided :
a.

the Contracting Party to whom the rights specified in
paragraph (2) of Article II have been granted, has
designated an airline(s) in writing, and

b. the Contracting Party granting these rights has authorized the designated airline(s) to initiate the air
services.
2.

On receipt of such designation, the other Contracting
Party shall, subject to the
provision of paragraph (4)
and (5) of this Article, give without undue, delay to the
designated airline(s) the appropriate operating authorizations .


3.

Each Contracting Party shall have the right, by written
notification to the other Contracting Party, to withdraw
the designation of any such airline and to designate
another one.

4. The airline(s) designated by either Contracting Party may
be required to satisfy the other Contracting Party that it
i s qualified to fulfil the conditions prescribed by the
1 aws and regu 1 at ions norma 11 y and reasonab 1 y app 1 i ed by
this Contracting Party to the operation of international
air services in conformity with the provisions of the
Convention.
5.

Each Contracting Party may withhold the exercise of the
privileges provided for in Article II of this Agreement
from an airline designated by the other Contracting Party

if such airline is not able to prove upon request that
substantial ownership and effective control of such an
airline are vested in the Contracting Party designating
the airline or in its nationals or corporations.

6. When an airline has been so designated and authorized, it
may at any time begin to operate the agreed services,
prov ided that a tariff established in accordance with the
provisions of Article XI of this Agreement is in force.

5

ARTICLE
SUSPENSION

AND

XV
REVOCATION


1. Each Contracting Party shall have the right to revoke the
operating authorization or to suspend the exercise of the
privileges specified in Article II of this Agreement by
the airline(s) designated by the other Contracting Party,
or to impose such conditions as it may deem necessary on
the exercise of these privileges:
a. in the case of failure by that designated airline(s) to
comply with the laws or regulations of the Contracting
Party granting these privileges, or
b.

in case the designated airlines otherwise fails to
operate the agreed services in accordance with the
conditions prescribed under this Agreement.

2. Unless immediate revocation, suspension or imposition of
the conditions mentioned in paragraph (1) of this Article
is essential to prevent further infringements of laws,
regulations or in the interest of aviation safety, such
right shall be exercised only after consultations with the
other Contracting Party.
3. In the event of action by one Contracting Party under this
Article, the rights of both Contracting Parties shall not
be prejudiced.

6

ARTJ:CLE

V

CAPAC XTV

1. There shall be fair and equal opportunity for the designated airline(s) of each Contracting Party to operate air
services on any route specified in accordance with paragraph (1) of Article II of this Agreement between their
respective territories.
2.

In operating the agreed air services on the specified
routes, the designated airline(s) of each Contracting
Party shall take into account the interest of the airline
of the other Contracting Party so as not to affect unduly
the services which the
later provides on the whole or
part of the same route.

3. The capacity to be provided, the frequency of services to
be operated and the nature of air service, that is, transiting through or terminating in the territory of the
Contracting Party shall be agreed between the Aeronautical
Authorities in accordance with the principles laid down in
this Article.
4. The agreed air services provided by a designated airline(s) shall retain as their primary objective the provision at a reasonable load factor of capacity adequate to
current and reasonably anticipated requirements for the
carriage of passengers, mail and cargo, originating from
or destined for the territory of the Contracting Party
designating the airline. The right of the designated
airline(s) of either Contracting Party to embark or to
disembark at the point in the territory of the other
Contracting Party international traffic destined for or
coming from third countries shall be in accordance with
the principles that such traffic will be of supplementary
character and capacity shall be related to
a.

traffic demands between the territory of the Contra cting Party designating the airline and the points on
the specified routes;

b. traffic requirements of the areas through which the
airline passes, after taking account of other air
transport services established by airline of the States
comprising the area, and
c. the requirements of through airline operation.

7

AATXCLE
APPROVAL

OF

VJ:

FLXOHT

SCHEDULES

1. The designated airlines shall communicate to the Aeronautical Authorities of the Contracting Parties not later
than thirty days prior to the initiation of air services
on the routes specified in accordance with paragraph ( 1)
of Article II of this Agreement, the type of service, the
types of aircraft to be used and the flight schedules.
This shall likewise apply to later changes as well as
before each summer and winter schedule.
2. The Aeronaut i ca 1 Authorities receiving such f 1 i ght schedules shall normally approve the schedules
or suggest
modifications thereto. In any case the designated airlines
shall not commence their services before the scbedules are
approved by the Aeronautical Authorities concerned. This
provision shall likewise apply to later changes.

8

AATXCLE
CERTIFICATES

VXX

AND

LXCENCES

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
the agreed services in its territory, provided that the
requirements under which such certificates and 1 i cences
were issued or rendered va 1 i d are equa 1 to or above the
minimum standards which are laid down pursuant to the
International Civil Aviation Convention.
2.

Each Contracting Party reserves the right, however, of
refusing to recognize the vallidity of the certificates of
competency and the licences granted to its own nationals
by the other Contracting Party, for the purpose of overflying its own territory.

9

AATXCLE
AVXATXON

VXXX

SECURXTV

1. The Contracting Parties reafirm their rights and obligations under international law, including the Conv ention o n
International Civil Aviation, signed at Chicago on 07
December 1944, and including the Convention on Offen c es
and certain other Acts committed on Board Air c raft, signed
at Tokyo on 14 September 1963, the Convention for the
Suppression of Unlawful Seizure of Aircraft, signed at The
Hague on 16 December 1970, the Convention for the Suppression of Acts against the Safety of Civil Aviation, signed
at Montreal on 23 September 1971, and the Protocol for the
Suppression of Unlawful acts of violence at Airports
serving International Civil Aviation signed at Montreal on
24 ·. February 1988, the Contracting Parties affirm that
their obligations to protect the security of Ci v il Aviation against acts of unlawful interference forms of an
integral part of their mutual relations under this Agreement, as long as both Contracting Parties are parties to
those conventions .
2. The Contracting Parties shall provide upon request all
possible assistance to each other to prevent acts of
unlawful seizure of aircraft and other unlawful acts
against the safety of passengers,
crew, aircraft, airports and Air Navigation facilities and any other threat
to the security of Civil Aviation.
3 . The Contracting Parties shall, in their
mutual
relations, act in conformity with the Aviation Secu r ity provi sions established by the International Civil Aviation
Organization and designated as Annexes to the Con v e n ti on
on International Civil Aviation to the extent that s uc h
security provisions are appplicable to the Parties, the y
shall require that operators of aircraft of their registr y
or operators who have their principal place of business or
permanent residence in their territory and the operators
of airports in their territory act in conformity with su c h
aviation security provisions.
4.

Each Contracting Party may take, without prejudice to
paragraph (3), any additional measures that it considers
necessary to ensure the inspection of passengers, crew,
their carry-on items, as well as the cargo and aircraft
stores, prior to boarding or loading. Each Contracting
Party shall also give due consideration to a ny request
from the other Contracting Party for special security
measures to meet a particular threat .

5 . When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety
of passengers, crew, aircraft, airports and air navigation
1.0

facilites occurs, the Contracting Parties shall assist
each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely
such incident or threat thereof.
6. Should one Contracting Party depart from the aviation
security provisions of this Article, the Aeronautical
Authorities of the other Contracting Party may request
immediate consultations with the Aeronautical Authorities
of that Contracting Party. These consultations will be
aimed to reach an agreement upon the measures suitable to
eliminate the more immediate reasons of worry and to adopt
in the framework of the ICAO security standards, the
actions necessary to establish the appropriate conditions
of security.

ART:J:CLE
EXEMPT:J:ON

FROM

CUSTOMS

XX
AND

OTHER

DUT:J:ES

1. Aircraft operated on international services by the airline
designated by each Contracting Party, as well as their
regular equipment, supplies of fuel and lubricants and the
aircraft stores (including food, beverages and tobacco) on
board such aircraft
hall be exempted from all customs
duties, inspection fees and other duties or taxes on
arriving in the territory of the other Contracting Party,
providing such equipment and supplies shall remain on
board the aircraft up to such time as they are re- exported.
2. There shall also be exempted from the
same duties and
taxes with the exception of charges corresponding to the
service performed :
a.

aircraft stores taken on board in the territory of
either Contracting Party, within limits fixed by the
authorities of the said Contracting Party, and for use
on board the aircraft engaged on a specified route of
the other Contracting Party;

b. spare parts entered into the territory of either Con tracting Party for the maintenance or repair of air craft used on a specified route by the designated
airline of the other Contracting Party;
c. fuel and lubricants destined to supply aircraft operated on a specified route by the designated
airline(s)
of the other Contracting Party, even when these sup plies are to be used on the part of the journey performed over the territory of the Contracting Party in
which they are taken on board.
d. baggage and cargo in direct transit.
3. The normal board equipment, as well as the materials and
supplies retained on board the aircraft operated by the
designated airline(s) of one Contracting Party may be unloaded in the territory of the other Contracting セョイエケ@
only with the approval of the Customs Authorities of such
Contracting Party.
In such a case, they will be placed under the supervision
of the said auth0rities until they are re-exported or
otherwise disr>osed of in accordance with the customs
r{onesla

Signed

For the Government of
the State of Kuwait

Signed
.

Zalnuddin Sikado
Head of the Delegation

.

Jaber Mubarak AI Sabah
Head of the Delegation