23. člen BKWZP

Ta sporazum začne veljati potem, ko se pogodbenici medsebojno obvestita z izmenjavo diplomatskih not, da sta izpolnili notranjepravne postopke. Sporazum začne veljati prvi dan naslednjega meseca po dnevu prejema zadnjega obvestila. V POTRDITEV TEGA sta podpisana, ki sta ju pravilno pooblastili njuni vladi, podpisala ta sporazum. Ta sporazum je sklenjen v Ljubljani dne 11. junija 2013, v dveh izvirnikih v slovenskem, arabskem, in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Pri razlikah v razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Samo Omerzel l.r. Minister za infrastrukturo in prostor Za Vlado Države Kuvajt Fawaz A. Al-Farah l.r. Predsednik Generalnega direktorata za civilno letalstvo 1. Proge, na katerih opravljajo prevoze določeni letalski prevoznik ali prevozniki Vlade Republike Slovenije s polnimi prometnimi pravicami za obe smeri: Kraji v Sloveniji Kraji vmesnega pristanka Kraji v Kuvajtu Naslednji kraji 2. Proge, na katerih opravljajo prevoze določeni letalski prevoznik ali prevozniki Države Kuvajt s polnimi prometnimi pravicami za obe smeri: Kraji v Kuvajtu Kraji vmesnega pristanka Kraji v Sloveniji Naslednji kraji Opombi: i. Kraji vmesnega pristanka in naslednji kraji se lahko po izbiri določenega letalskega prevoznika izpustijo na katerem koli ali na vseh letih. ii. Določeni letalski prevoznik ene od pogodbenic lahko na katerem koli letu uresniči peto svobodo prometnih pravic v katerem koli kraju vmesnega pristanka in/ali naslednjih krajih. The Government of the State of Kuwait and the Government of the Republic of Slovenia, hereinafter called the Contracting Parties, Desiring to foster the development of Air Services between the State of Kuwait and the Republic of Slovenia and to promote in the greatest possible measure international co-operation in this field, Desiring to apply to these services the principles and provisions of the Convention on International Civil Aviation and of the International Air Services Transit Agreement opened for signature at Chicago on the seventh day of December 1944, Have agreed as follows: For the purpose of this Agreement, unless the text otherwise requires: a) "The 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 Article

(90)of that Convention and any amendment of the Annexes or Convention under Articles

(90)and

(94)thereof so far as these Annexes and amendments have been adopted by both Contracting Parties; b) "Agreement" means this Agreement, the Annex attached thereto, and any modifications to the Agreement or to the Annex; c) "Aeronautical Authorities" means in the case of the State of Kuwait, the Directorate General of Civil Aviation, in the case of Republic of Slovenia, the Ministry of Infrastructure and Spatial Planning or in both cases any other person or agency authorised to perform the functions exercised at present by the said authorities; d) "Designated Airline" means any airline that one Contracting Party has designated in writing to the other Contracting Party in accordance with Article

(3)of this Agreement as being an airline which is to operate the agreed air services on the routes specified in accordance with Article

(2)of this Agreement; e) "Territory", "Air Service", "International Air Service", "Stop For Non Traffic Purposes" and "Airline" shall for the purpose of this Agreement, have the meaning laid down in Articles

(2)and

(96)of the Convention; f) "Capacity" means: i. in relation to an aircraft, the payload of that aircraft available on a route or a section of a route; ii. 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; g) "Tariff" 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 and conditions for the carriage of mail; h) "Schedule" means the route schedule annexed to this Agreement or as amended in accordance with the provisions of paragraph

(3)of Article

(17)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 provided in this Agreement; i) "User Charge" means a charge made to airlines for the provision of airport, air navigation or aviation security property, or facilities; j) reference to nationals of the Government of the Republic of Slovenia shall be understood as referring to nationals of European Union Member States; k) reference to airlines of the Government of the Republic of Slovenia shall be understood as referring to airline or airlines designated by the Government of the Republic of Slovenia; l) references to the EU Treaties shall be understood as referring to the Treaty on European Union and the Treaty on the Functioning of the European Union; and m) "European Union Member State" means a State that is a contracting party to the EU Treaties; n) "Agreed services" means scheduled air services on the routes specified in the Annex to this Agreement for the transport of passengers, cargo and mail in accordance with agreed capacity entitlements. 1. Each Contracting Party shall grant to the other Contracting Party the rights specified in this Agreement to enable its designated airline(s) to establish and operate international air services on the routes specified in the appropriate section of the Schedule thereto (hereinafter called "agreed services" and "specified routes" respectively). 2. Subject to the provisions of this Agreement, the designated airline(s) of each Contracting Party shall enjoy, while operating an agreed service on a specified route, 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 international traffic in passengers, mail and cargo. 3. Nothing in this Article shall be deemed to confer on a designated airline(s) of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party. 1. Each Contracting Party shall have the right to designate in writing any airline or airlines to operate the agreed services on the specified routes in accordance with this Agreement, and to withdraw or alter such designation. 2. Such designation shall be made in writing and shall be transmitted to the other Contracting Party through the exchange of diplomatic notes. 3. The airline or airlines designated by either Contracting Party may be required to satisfy the other Contracting Party that it is qualified to fulfill the conditions prescribed by the laws and regulations normally and reasonably applied by this Contracting Party to the operation of international air services in conformity with the provisions of the Convention. 4. On receipt of such designation the aeronautical authorities of the other Contracting Party shall grant the appropriate authorizations and permissions with minimum procedural delay, provided: a) in the case of an airline or airlines designated by the Government of the Republic of Slovenia: i. it is established in the territory of the Republic of Slovenia under the EU Treaties and has a valid Operating License in accordance with European Union law, and ii. effective regulatory control of the airline is exercised and maintained by the European Union Member State responsible for issuing its Air Operator's Certificate, and the relevant aeronautical authority is clearly identified in the designation; iii. the airline is owned, directly or through majority ownership, and is effectively controlled by Member States of the European Union or the European Free Trade Association and/or nationals/legal entities of such states. b) in the case of an airline or airlines designated by the Government of the State of Kuwait: i. the airline is established in the territory of the State of Kuwait and has a valid Operating License in accordance with Kuwaiti law; and ii. the State of Kuwait exercises and maintains effective regulatory control of the airline and is responsible for issuing its Air Operator's Certificate; iii. the airline is owned, directly or through majority ownership, and is effectively controlled by the State of Kuwait and/or nationals of the State of Kuwait and/or by legal entities of the State of Kuwait. 5. When an airline or airlines has been so designated and authorized in accordance with this Article, it may at any time begin to operate the agreed services, in accordance with this Agreement. 1. Each Contracting Party shall have the right to refuse to grant or to revoke an operating authorization, suspend the exercise of the rights granted in this Agreement to an airline designated by the other Contracting Party, or impose such conditions on the exercise of these rights as it may deem necessary where: a) in the case of an airline designated by the Government of the Republic of Slovenia: i. the airline is not established in the territory of the Republic of Slovenia under the EU Treaties or does not have a valid Operating License in accordance with the European Union law; or ii. effective regulatory control of the airline is not exercised or not maintained by the European Union Member State responsible for issuing its Air Operator's Certificate, or the relevant Aeronautical Authority is not clearly identified in the designation; or iii. the airline is not owned, directly or through majority ownership, or it is not effectively controlled by Member States of the European Union or the European Free Trade Association and/or nationals/ legal entities of such states. iv. the airline is already authorized to operate under a bilateral Agreement between the State of Kuwait and another EU Member State and the State of Kuwait can demonstrate that, by exercising traffic rights under this Agreement on a route that includes a point that other EU Member State, the airline would be circumventing restrictions on traffic rights imposed by a bilateral Agreement between the State of Kuwait and that other Member State; or v. the airline holds an Air Operator's Certificate issued by a EU Member State and there is no bilateral Air Services Agreement between the State of Kuwait and that EU Member State, and that EU Member State has denied traffic rights to the airlines designated by the State of Kuwait; b) in the case of an airline designated by the Government of the State of Kuwait: i. the airline is not established in the territory of the State of Kuwait or is not licensed in accordance with the applicable law of Kuwait; or ii. the State of Kuwait does not exercise or not maintain effective regulatory control of the airline; iii. the airline is not owned, directly or through majority ownership, or is not effectively controlled by the State of Kuwait and/or nationals of the State of Kuwait and/or by legal entities of the State of Kuwait. c) In any case where the airline fails to comply with the laws or regulations of the Contracting Party granting those privileges or otherwise fails to operate in accordance with the conditions prescribed in this Agreement, especially with Articles on Aviation Safety and Security; provided that, unless immediate suspension or imposition of conditions is considered necessary to prevent further infringement of laws or regulations or is in the interest of aviation safety, this right shall be exercised only after consultation with the other Contracting Party. The consultation shall take place within a period of thirty

(30)days of the consultation being proposed, unless otherwise agreed. 2. In the event of action by one Contracting Party under this Article, the other rights of both Contracting Parties shall not be prejudiced. 1. Each Contracting Parties may impose or permit to be imposed just and reasonable charges for the use of airports and other facilities under its control. 2. These charges shall not be higher than those imposed on aircraft of the national airline engaged in similar international air services. 1. The designated airlines shall communicate to the Aeronautical Authorities of the Contracting Parties not later than Thirty

(30)days prior to the initiation of the agreed services on the specified routes in accordance with Article

(2)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 Aeronautical Authorities receiving such flight schedules shall normally approve the schedules or suggest modifications thereto. In any case the designated airlines shall not commence their services before the schedules are approved by the Aeronautical Authorities concerned. This provision shall likewise apply to later changes. The Aeronautical Authorities of both Contracting Parties shall supply each other, on request, with periodic statistics or other similar information relating to the traffic carried on the agreed services. 1. The laws, rules and regulations in force of one Contracting Party relating to entry into or departure from its territory of passengers, crew, cargo and mail of aircraft (such as regulation relating to entry, clearance, immigration, passports, customs and quarantine) shall be applicable to the passengers, crew, cargo and mail of the aircraft of an airline designated by the other Contracting Party while in the territory of the first Contracting Party. 2. The laws and regulations of a Contracting Party relating to entry into, stay in, or departure from its territory of aircraft engaged in international air transport, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of both Contracting Parties without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that Contracting Party. 3. Passengers, baggage, cargo and mail in transit across the territory of a Contracting Party shall be subject to applicable customs and/or immigration control. Baggage, cargo and mail shall be exempted from customs duties, inspection fees and other national duties and charges if in direct transit 1. The tariffs in respect of international air services operated to/from/through the territories of the two Contracting Parties shall be established by the designated airlines at reasonable levels, due regard being paid to all relevant factors, including cost of operation and reasonable profit. 2. The tariffs established under paragraph

(1)shall not be required to be filed by the designated airlines of one Contracting Party with the aeronautical authorities of the other Contracting Party. Not withstanding the foregoing, each Contracting Party shall have the right to intervene so as to: a) prevent unreasonably discriminatory prices or practices; b) protect consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position; and c) protect airlines from prices that are artificially low due to subsidy or support, or where evidence exists as to an intent to eliminate competition. 3. Notwithstanding the foregoing, the designated airlines of one Contracting Party shall provide, on request, to the aeronautical authorities of the other Contracting Party information relating to the establishment of the tariffs, in a manner and format as specified by such authorities. 1. Aircraft operated on international air services by the designated airline or airlines of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other duties or taxes on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft until they are re-exported. 2. Supplies of fuels, lubricants, spare parts, regular equipment and aircraft stores introduced in the territory of each Contracting Party or on behalf of the designated airline of the other Contracting Party or taken on board the aircraft operated by such designated airline and intended solely for use in the operation of international air services shall be exempt from all national duties and charges, including customs duties and inspection fees imposed in the territory of the first Contracting Party, even when those supplies are to be used on the parts of the journey performed over the territory of the Contracting Party in which they are taken on board. The materials referred to above may be required to be kept under customs supervision or control. 3. The regular airborne equipment, spare parts, aircraft stores and supplies of fuels and lubricants retained on board the aircraft 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 Contracting Party, who may require that those materials be placed under their supervision up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations. 4. Moveable properties of the designated airline or airlines of one Contracting Party such as office equipment, stationery, travel documents including airline tickets, airway bills as well as publicity material and give-away items, introduced in the territory of the other Contracting Party shall be exempt from all customs duties, inspection fees and other duties or taxes. 1. Either Contracting Party grants the designated airline of the other Contracting Party the right of free transfer, at the official rate of exchange at the time of the request, of the excess of receipts over expenditure achieved in its territory in connection with the carriage of passengers, baggage, mail shipments and freight sale of the agreed services in the territory by the designated airline of the other Contracting Party. Whenever the payments system between the Contracting Parties is governed by a special agreement that agreement shall apply. 2. The designated airline of each of the Contracting Parties shall be exempt from income tax or other similar taxes in the territory of the other Contracting Party in respect of the gains or profits accruing to it from the operation of the agreed services. 1. The designated airline of one Contracting Party shall have the right to maintain its own representation in the territory of the other Contracting Party. 2. The designated airline of one Contracting Party may, in accordance with the laws and regulations of the other Contracting Party relating to entry, residence and employment bring in and maintain in the territory of the other Contracting Party managerial, commercial, technical, operational and other specialist staff required for the provision of air services. 3. In accordance with national laws and regulations applicable at each Contracting Party and on a reciprocal and non discriminatory basis, the designated airlines shall have the right to engage in the sale of air services, in the territory of the other Contracting Party, in any currency, directly or through its agents and any person shall be able to purchase such transportation. 4. In case of nomination of a general agent or general sales agent, this agent shall be appointed in accordance with the relevant applicable laws and regulations of each Contracting Party. 1. There shall be fair and equal opportunity for the designated airline of each Contracting Party to operate the agreed services on the specified routes in accordance with Article

(2)of this Agreement. 2. The agreed services provided by the designated airline shall retain as their primary objective the provisions 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 of either Contracting Party to embark or 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 a supplementary character and capacity shall be related to: a) traffic requirements between the territory of the Contracting Party designating the airline and the points on the specified routes; b) traffic requirements of the areas through which the airline passes for the economic operation of the route; c) the requirements of through airline operation. 1. Each Contracting 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. 2. If following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the 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 Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within Fifteen

(15)days or such longer period as may be agreed shall be grounds for the application of Article

(4)of this Agreement. 3. Notwithstanding the obligations mentioned in Article

(33)of the Convention it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to or from the territory of the other Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorised representatives of the other Contracting Party, 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. If any ramp inspection or series of ramp inspections gives rise to: a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Contracting Party carrying out the inspection shall, for the purposes of Article

(33)of the Convention, be free to conclude that the requirements under which the certificate or 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. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline of one Contracting Party in accordance with paragraph

(3)of this Article is denied by the representative of that airline, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph

(4)of this Article arise and draw the conclusions referred to in that paragraph. 6. Each Contracting Party reserves the right to suspend or vary the operating authorization of the designated airline of the other Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation. 7. Any action by one Contracting Party in accordance with paragraphs

(2)or

(6)of this Article shall be discontinued once the basis for the taking of that action ceases to exist. 8. When the Government of the Republic of Slovenia has designated an airline whose regulatory control is exercised and maintained by another Member State of the European Union, the rights of the other Contracting Party under this Article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State of the European Union and in respect of the operating authorization of that airline. Certificates of airworthiness, certificates of competency and licenses issued or rendered valid in accordance with the laws and regulations of one Contracting Party, including in the case of the Government of the Republic of Slovenia and regulations of the European Union and unexpired, shall be recognized as valid by the other Contracting Party for the purpose of operating services provided for in this Agreement, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which are or may be established pursuant to the Convention. 1. The Contracting Parties reaffirm, consistent with their rights and obligations under international law, that their obligations to each other to protect the security of civil aviation against acts of unlawful interference form 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 on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, 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 Marking of Plastic Explosives for the purpose of Detection, done at Montreal on 1 March 1991 and any other convention on aviation security to which the Contracting Parties shall become party. 2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, 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 standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization and designated as Annexes to the Convention. The Contracting Parties shall require that operators of aircraft of their registry, operators who have their principal place of business or permanent residence in the territory of the Contracting Parties or, in the case of the Government of the Republic of Slovenia, operators of aircraft which are established in its territory under the Treaty establishing the European Union and have valid Operating Licenses in accordance with European Union Law, and the operators or airports in their territory, act in conformity with such aviation security provisions. In this paragraph the reference to aviation security Standards includes any difference notified by the Contracting Party concerned. 4. Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraft, to screen passengers and their carry-on items, and to carry out appropriate checks on crew, cargo (including hold baggage) and aircraft stores prior to and during boarding or loading and that those measures are adjusted to meet the increase in the threat. Each Contracting Party agrees that its operators of aircraft shall be required to observe, for departure from or while within the territory of the other Contracting Party, aviation security provisions in conformity with the law in force in that country, including, in the case of the Government of the Republic of Slovenia, European Union law. Each Contracting Party shell also act favorably upon 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 acts against the safety of such aircraft, their passengers and crew, airports or air navigation occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate as rapidly as possible commensurate with minimum risk to life such incident or threat. 6. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the first Contracting Party may request immediate consultations with the other 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. 7. Each Contracting Party shall take such measures, as it may find practicable, to ensure that an aircraft subject to an act of unlawful seizure or other acts of unlawful interference which has landed in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken e on the basis of mutual consultations. 1. Exchange of views shall take place as needed between the Aeronautical Authorities of the Contracting Parties in order to achieve closer cooperation and agreement in all matters pertaining to the application of this Agreement. 2. Each Contracting Party may at any time request consultations with the other Contracting Party for the purpose of amending this Agreement or the Route Schedule. Such consultations shall begin within a period of sixty

(60)days from the date or receipt of such request. Any amendment to this Agreement, agreed to as a result of such consultations, shall be approved by each Contracting Party in accordance with its constitutional procedures and shall enter into force on the date of exchange of diplomatic notes indicating such approval, though it may be agreed to apply the amendment agreed to provisionally from the date of agreement. 3. If the amendment relates only to the Route Schedule, the consultations shall be between the Aeronautical Authorities of both Contracting Parties. When these authorities agree on a new or revised Route Schedule, the agreed amendments shall come into force as soon as they have been confirmed by an exchange of diplomatic notes. 1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement and its Annex, the Contracting Parties shall in the first place endeavor to settle it by negotiations between themselves. 2. If the Contracting Parties fail to reach within sixty

(60)days a settlement by negotiations they shall refer the dispute for decision to a person or body or at the request of one of the Contracting Parties to an arbitration tribunal. The arbitration tribunal shall be composed as follows: a) Each Contracting Party shall nominate an arbitrator; if one Contracting Party fails to nominate its own arbitrator within sixty

(60)days, such arbitrator shall be nominated by the President of the Council of the International Civil Aviation Organization at the request of the other Contracting Party. b) The third arbitrator, who shall be a national of a third state and who shall preside the arbitrate tribunal, shall be nominated either, i. by agreement between the Contracting Parties; or ii. if within sixty

(60)days the Contracting Parties do not so agree, by appointment of the President of the Council of the International Civil Aviation Organization by the request of either Contracting Party. 3. The arbitral tribunal shall reach its decisions by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of his own member as well as of his representation in the arbitral proceedings; the cost of the Chairman and any other cost shall be borne in equal parts by the Contracting Parties. In all other respects, the arbitral tribunal shall determine its own procedure. 4. If and so long as either Contracting Party or its designated airline fail to comply with a decision given under paragraph

(3)of this Article, the other Contracting Party may limit, suspend, or revoke any rights or privileges relating the subject of the dispute which it has granted by virtue of this Agreement until compliance is established. Either Contracting Party may at any time notify the other Contracting Party in writing through diplomatic channels of its own decision to terminate this Agreement. A copy of the notice shall be sent simultaneously to the Secretary General of the International Civil Aviation Organization. If such notice is given, this Agreement shall be terminated Twelve

(12)months after the date of receipt by the other Contracting Party of the notice to terminate, unless by agreement between the Contracting Parties the notice under reference is withdrawn before the expiry of that period. If the other Contracting Party fails to acknowledge receipt, notice shall be deemed to have been received Fourteen

(14)days after the date of the receipt by the Secretary General of the International Civil Aviation Organization of his/her copy. In the event of a general multilateral air transport convention accepted by the Contracting Parties entering into force, the provisions of such convention shall prevail. Any discussions with a view to determining the extent to which this Agreement is terminated, superseded, amended or supplemented by the provisions of the multilateral convention, shall take place in accordance with paragraph

(2)of Article

(17)of this Agreement. This Agreement and any amendments thereto shall be registered with the International Civil Aviation Organization by the State of Kuwait. Titles are inserted in this Agreement at the head of each Article for the purpose of reference and convenience and in no way to define, limit or describe the scope or intent of this Agreement. This Agreement shall enter into force after fulfilment of the internal legal requirements by each Contracting Party, which shall notify each other of the fulfilment of such requirements through exchange of the diplomatic notes. The Agreement shall come into force on the first day of the next month from the date of the receipt of the last notification. IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments have signed this Agreement. Done at Ljubljana this 11th day of June 2013, in two originals, in the Slovenian, Arabic and English languages, all texts being equally authentic. However, in case of divergence of interpretation the English text shall prevail. For the Government of the Republic of Slovenia Samo Omerzel (s) Minister of Infrastructure and Spatial Planning For the Government of the State of Kuwait Fawaz A. Al-Farah (s) President of the Directorate General of Civil Aviation 1. Routes to be operated by the designated airline or airlines of the Government of the Republic of Slovenia with full traffic rights in both directions: Any Points in Slovenia Any Intermediate Points Any Points in Kuwait Any Points beyond 2. Routes to be operated by the designated airline or airlines of the Government of the State of the Kuwait with full traffic rights in both directions: Any Points in Kuwait Any Intermediate Points Any Points in Slovenia Any Points beyond Notes: i. Intermediate points and points beyond may, at the option of the designated airline, be omitted on any or all flights. ii. The designated airline of either Contracting Party, on any or all flights, may exercise fifth freedom traffic rights at any of the intermediate and/or beyond points.