For the purposes of this Agreement and its Annex:

A.

The expression "the Convention" means the Convention on International Civil Aviation, opened for signature at Chicago on 7 December 1944, and includes any Annex adopted in accordance with Art. 90 of this Convention, as well as any amendments to the Annexes or to the Convention adopted in accordance with Art. 90 and 94 of this;

B.

The term "aeronautical authorities" means, in respect of Switzerland, the Federal Office of Civil Aviation, and in respect of the State of Kuwait, the Directorate General of Civil Aviation, or in both cases any person or body Authorised to carry out the functions which are currently assigned to the said authorities;

C.

The term "designated enterprise" means a business that one of the Contracting Parties has designated and authorized, in accordance with Art. 5 of this Agreement, to operate the agreed air services;

D.

The terms "air service", "international air service", "air transport undertaking" and "non-commercial stopover" have the meaning given to them by s. 96 of the Convention;

E.

The term "usage fee" means the tax collected from air carriers for the provision of airports, the provision of air navigation services or services for aviation security or supply Facilities.

2. The phrase "the Agreement" always refers to the Annex, unless it is otherwise available.

Each Contracting Party shall accord to the other Contracting Party the rights specified in this Agreement with a view to establishing air services on the routes specified in the tables set out in the Annex to this Agreement. These services and roads are hereinafter referred to as "agreed services" and "specified routes".

2. Subject to the provisions of this Agreement, the designated undertaking of each Contracting Party shall enjoy, in the operation of an agreed service on a specified route, the following rights:

A.

The right to fly over the territory of the other Contracting Party without landing;

B.

The right to make non-commercial stopovers in that territory;

C.

The right to embark and disembark in international traffic on the said territory, at the points of the routes specified in the Annex, passengers, goods and postal items.

3. No provisions of c. 1 of this Article shall confer on the designated undertaking of one of the Contracting Parties the right to embark on remuneration or under a lease, in the territory of the other Contracting Party, of passengers, their luggage, of the Goods or postal items to another point in the territory of that other Contracting Party.

1. The designated undertakings of the Contracting Parties shall enjoy equal and equitable opportunities for the operation of the services agreed between the territories of the Contracting Parties.

(2) The designated undertaking of either Contracting Party shall take into consideration the interests of the designated undertaking of the other Contracting Party in order not to unduly affect the agreed services of that Contracting Party.

3. The agreed services provided by the designated undertakings of the Contracting Parties shall correspond closely to the needs of the public relating to such services.

4. The essential purpose of the agreed services provided by a designated undertaking is to provide for a reasonable utilization factor, a capacity adapted to the normal and foreseeable needs of the transport of passengers, of goods and Postal items between the territory of the Contracting Party which has designated the undertaking and the points of the routes specified.

5. The carriage of passengers, goods and postal items on board and landed at points on specified routes situated in the territories of other States than those designating air transport undertakings shall be in accordance with the principle General that the capacity should be related to:

A.

The demand for traffic between the territory of the Contracting Party that has designated the undertaking and the points on the specified routes;

B.

The traffic needs of the regions crossed, taking into account the other transport services provided by the air transport undertakings of the states located in the regions crossed; and

C.

Requirements for the operation of a long-haul service.

1. The laws and regulations of a Contracting Party governing in its territory the entry and exit of aircraft assigned to international air navigation or the flights of such aircraft over that territory shall apply to undertakings Designated of the other Contracting Party.

2. The laws and regulations of a Contracting Party governing in its territory the entry, stay and exit of passengers, crew, baggage, goods or postal items, such as those concerning the formalities of entry, of exit, Of emigration and immigration, customs and health measures-apply to passengers, crew, baggage, goods or postal items carried by the aircraft of the designated undertakings of the other Contracting Party while they are Are located in the said territory.

(3) No Contracting Party shall have the right to give preference to its own undertakings in relation to the designated undertakings of the other Contracting Party in the application of the laws and regulations referred to in this Article.

(1) Each Contracting Party shall have the right to designate as many air transport undertakings as it wishes to operate the agreed services. This designation shall be the subject of written notification between the aeronautical authorities of the two Contracting Parties.

2. Subject to the provisions of c. 3 and 4 of this Article, the Contracting Party which has received the notification of designation shall without delay grant the undertaking designated by the other Contracting Party the necessary authorization to operate it.

3. The aeronautical authorities of a Contracting Party may require the undertaking designated by the other Contracting Party to furnish proof that it is capable of satisfying the requirements of the laws and regulations Normally applied to the operation of international air transport services by the said authorities in accordance with the provisions of the Convention.

4. ¹ Each Contracting Party shall have the right to refuse to register a designated undertaking, and to suspend or revoke the grant to a company of the rights specified in the c. 2 of the art. 2 of this Agreement, or to subject the exercise of such rights by the designated undertaking to such conditions as it considers necessary, where the said Contracting Party is not certain that a substantial share of ownership and effective control Of that undertaking shall be in the hands of the Contracting Party which has designated the undertaking or its nationals.

5. Where a business has been so designated and authorized, it may at any time commence the operation of the agreed services, provided that a tariff established in accordance with the provisions of s. 17 of this Agreement shall be in force with respect to those services.

1. ¹ Each Contracting Party shall have the right to suspend the exercise by a designated undertaking of the rights specified in c. 2 of the art. 2 of this Agreement, or to impose on the exercise of such rights by that enterprise the conditions it deems necessary, in all cases where the undertaking does not comply with the laws or regulations of the Contracting Party granting such rights or If in the operation of the services it otherwise infringles the conditions set out in this Agreement.

2. Unless an immediate suspension or the imposition of conditions is necessary to prevent further infringements of the laws and regulations, or in the interests of security, the right shall be exercised only after consultation with the other Contracting Party.

(3) In the case of an action of a Contracting Party under that Article, the rights conferred by this Agreement to the other Contracting Party shall not be affected.

1. The Contracting Parties reaffirm, in accordance with their rights and obligations under international law, that their mutual obligation to protect civil aviation against acts of unlawful interference, to ensure their safety, does An integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, Contracting Parties shall act in particular in accordance with the provisions of the Convention on Offences and Certain Other Acts Committed to Aircraft aircraft ¹ , signed in Tokyo on 14 September 1963, of the Convention for the Suppression of Unlawful Seizage of Aircraft ² , signed at The Hague on 16 December 1970, of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation ³ , signed in Montreal on 23 September 1971, of the Additional Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation ⁴ , signed at Montreal on February 24, 1988, and any other aviation security agreement to which the Contracting Parties will adhere.

2. The Contracting Parties shall provide each other, upon request, with all the assistance necessary to prevent the diversion of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and their passengers Crews, airports and air navigation facilities and services, as well as any other threat to the safety of civil aviation.

3. The Contracting Parties, in their mutual relations, shall comply with the provisions relating to aviation security and, to the extent that they apply them, to the recommended measures established by the Convention and which are designated As Annexes to the Convention; they require operators of aircraft that they have registered, or operators of aircraft which have the principal place of business or permanent residence on their territory, and operators Of airports located in their territory, that they comply with those provisions relating to the Aviation security. The reference to aviation security standards in this figure includes any change notified by the Contracting Party concerned.

4. Each Contracting Party shall ensure that effective measures are applied in its territory to protect aircraft and to control X-rays passengers and their carry-on baggage and to ensure appropriate checks of crews, Goods (including hand luggage) and ships' stores are carried out before and during boarding or loading and that these measures are adapted to any worsening of the threat. Each Contracting Party agrees that the undertaking it has designated may be required to comply with the aviation security provisions referred to in c. 3 of this Article and the other Contracting Party prescribed for entry, exit or residence in the territory of that other Contracting Party. Each Contracting Party shall also favourably consider any request made to it by the other Contracting Party in order to ensure that reasonable special security measures are taken to deal with a particular threat.

5. In the event of an incident or threat of unlawful seizure of civil aircraft or other unlawful acts directed against the safety of such aircraft, their passengers and crews, airports or facilities and services of Air navigation, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures designed to put an end to this incident or the threat of incident promptly and at the least risk in human life.

(6) Where a Contracting Party has reasonable grounds to believe that the other Contracting Party derogates from the provisions of this Article, it may request the immediate undertaking of negotiations with that other Contracting Party. These consultations aim to reach agreement on appropriate measures to be taken in order to eliminate the immediate reasons for these concerns and, within the framework of the security guidelines adopted by the International Civil Aviation Organization, Adopt the necessary measures to create adequate security conditions.

(7) Each Contracting Party shall take such measures as it considers to be enforceable in order to ensure that an aircraft that has been unlawfully taken or which has been the subject of another unlawful act and which has landed on its territory, is detained on the ground unless its departure Is required for reasons of protection of human life. Such measures will be taken on the basis of mutual talks, whenever they are enforceable.

Each Contracting Party agrees to adopt measures to ensure the security of its passports and other travel documents.

2. In this respect, each Contracting Party agrees to establish controls on the legitimate creation, issuance, verification and use of passports and other travel documents and identity documents issued by or on behalf of the Contracting Party.

Each Contracting Party also agrees to establish or improve procedures to ensure that travel documents and identity documents are of such a quality that they cannot be easily misused It is not easily altered, reproduced, or issued illegally.

4. Within the objectives set out above, each Contracting Party shall issue its passports and other travel documents in accordance with the relevant documents of the International Civil Aviation Organization.

5. The Contracting Parties further agree to exchange practical information on forged or forged travel documents and to cooperate with each other to strengthen the fight against fraud in travel documents, in particular the Falsification and counterfeiting of documents, the use of forged or forged documents, the use of valid documents by impostors, the improper use of authentic documents by their legitimate holders in order to facilitate the commission An offence and the use of expired, cancelled or fraudulently obtained documents .

Each Contracting Party agrees to establish effective border controls.

2. In this respect, each Contracting Party agrees to apply the recommended standards and practices of Annex 9 ("Facilitation") To the Convention on Uneligible Passengers or without Documents and Deportees, in order to strengthen cooperation in the fight against illegal migration.

3. In the context of the above objectives, each Contracting Party agrees to issue or accept, as the case may be, the letter concerning " fraudulent, falsified or false travel documents or authentic documents submitted by Impostors ", as set out in par. (b) Appendix 9 to Annex 9, when acting under the relevant paragraphs of Chap. 3 of the Annex relating to the seizure of fraudulent, falsified or false travel documents.

Each Contracting Party shall recognize the validity of the certificates of airworthiness, certificates of fitness and licences issued or validated by the other Contracting Party for the operation of the international air services agreed to in the Agreement and which are still in force, provided that the requirements for obtaining such documents correspond to at least the minimum requirements in force in accordance with the Convention.

(2) Each Contracting Party shall, however, reserve the right not to recognize, for traffic over its own territory, certificates of fitness and licences issued to its own nationals or validated by the other Party Contracting Party or any other State.

(3) Each Contracting Party may at any time request consultations on the safety standards adopted by the other Contracting Party in any field relating to flight crew, aircraft or the operation thereof Last. These consultations shall take place within thirty (30) days of the request.

4. If, as a result of such consultations, one of the Contracting Parties discovers that the other Contracting Party does not adopt or effectively monitor safety standards in one of those areas which are at least equal to the minimum standards In force in accordance with the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and of the approaches that are deemed necessary in order to comply with these minimum standards, and that other Contracting Party Take appropriate corrective action. Failure by that other Contracting Party to take appropriate action within fifteen (15) days or in a longer period if it has been agreed to do so will provide a basis for the application of s. 6 of this Agreement.

5. Notwithstanding the obligations referred to in s. 33 of the Convention, it is agreed that any aircraft operated by the business or undertakings of one of the Contracting Parties or, in the context of a lease, on their behalf, from or to the territory of another Contracting Party May, when in the territory of the other Contracting Party, be the subject of an inspection (referred to in this Article "inspection on the apron"), by the authorized representatives of that other Contracting Party, on board or at The exterior of the aircraft, in order to verify the validity of the aircraft and its documents Crew and the apparent condition of the aircraft and its equipment provided that this does not result in an unreasonable delay.

6. If an inspection, or a series of inspections on the apron, gives rise to:

A.

Serious grounds for believing that an aircraft or aircraft operation does not meet the minimum standards in force in accordance with the Convention, or

B.

Serious grounds for fear of deficiencies in the effective adoption and implementation of safety standards in accordance with the requirements of the Convention,

The Contracting Party conducting the inspection will be, for the purposes of the application of s. 33 of the Convention, free to conclude that the requirements under which the certificate or the licences relating to that aircraft or its crew have been issued or validated, or that the aircraft is used, are not equal or Above the minimum standards in force in accordance with the Convention.

7. In the event that access to an aircraft operated by or on behalf of an air carrier of a Contracting Party to carry out an inspection on the traffic area pursuant to c. 5 above is refused by a representative of that or those air transport undertakings, the other Contracting Party is free to infer that the serious grounds of concern, of the kind referred to in the c. 6 above exist, and draw the conclusions mentioned in the same figure.

8. Each Contracting Party reserves the right to suspend or modify the authorization to operate one or more air transport undertakings of the other Contracting Party immediately, in the event that one of the Contracting Parties Reaches the conclusion, following an inspection on the ramp, of a series of ramp inspections, a refusal of access for inspection on the ramp, a consultation or otherwise, that immediate action is required For the safety of the operation of one or more of the airlines of the other Contracting Party.

9. Any measure taken by a Contracting Party in accordance with c. 4 or 8 above will be reported as soon as the facts motivating this measure have ceased to exist.

1. One or the other Contracting Party may prevent the use of leased aircraft that do not comply with the provisions of s. 7 (Aviation Security) and 10 (Security).

2. Subject to c. 1 above, the designated companies of each Contracting Party may lease aircraft (or aircraft with flight crew) from any undertaking, including other air transport undertakings, provided that it does not result That a company that leases the aircraft has traffic rights that it does not have.

1. Aircraft operated in international air services by the air transport undertaking designated by a Contracting Party, as well as normal equipment, spare parts, fuel and lubricating oil supplies and Ships' stores (including food, beverages and tobacco) on board this aircraft will be exempt from all customs duties, inspection fees and other taxes and duties upon arrival in the territory of the other Contracting Party That this equipment and supplies remain on board the aircraft until they are re-exported .

2. Supplies of fuel, lubricating oil, spare parts, normal equipment and ships' stores introduced in the territory of each Contracting Party by or on behalf of the designated airline of the other Contracting Party Contracting Party or taken on board the aircraft operated by that airline and intended solely for use in the operation of international air services shall be exempt from all duties and taxes including the rights of Customs and inspection fees imposed in the territory of the first Contracting Party , even if such supplies are used on the section of the voyage over the territory of the Contracting Party in which they were shipped. Materials referred to above may be placed under customs supervision and control.

3. The normal equipment of aircraft, spare parts, ships' stores and supplies of fuel and lubricating oil on board aircraft of each Contracting Party may only be unloaded in the territory of The other Contracting Party with the agreement of the customs authorities of that Contracting Party which may require that such materials be placed under their supervision until they are re-exported or otherwise disposed of in accordance with Customs regulations.

4. The documents necessary for undertakings designated by a Contracting Party, including transit tickets, air waybills and advertising material, as well as any vehicle, equipment and equipment to be used By undertakings designated for commercial and operational requirements within the airport, provided that such equipment and equipment are used for the carriage of passengers and goods will also be exempt from all rights Customs, inspection fees and other duties and taxes.

Passengers, baggage and goods in direct transit through the territory of one of the Contracting Parties that do not leave the area of the airport reserved for that purpose shall be subject only to a simplified inspection, except in the case of security measures In relation to acts of violence, air piracy and the smuggling of narcotics. Direct in-transit baggage and goods are exempt from customs duties and other similar taxes.

Each Contracting Party shall endeavour to ensure that user charges which are imposed or that may be imposed by its competent authorities to the designated undertakings of the other Contracting Party are fair and reasonable. These royalties are based on sound economy principles.

2. Charges for the use of airports, air navigation facilities and services provided by a Contracting Party to the designated undertakings of the other Contracting Party shall not exceed those which must be Paid by national aircraft engaged in scheduled international services.

The designated undertakings of each Contracting Party shall have the right to maintain adequate representation in the territory of the other Contracting Party. Such representations may include commercial, operational and technical personnel, which may consist of persons transferred or engaged on site.

2. For commercial activity, the principle of reciprocity shall apply. The competent authorities of each Contracting Party shall provide the necessary support for the proper functioning of the representations of the designated undertakings of the other Contracting Party.

In particular, each Contracting Party shall accord to the designated undertakings of the other Contracting Party the right to sell directly or through their agents, air transport titles in its territory in accordance with its laws And regulations. Companies have the right to sell such transport, and any person is free to buy them, either in national currency or in convertible foreign currency.

The designated undertakings shall have the right to convert and transfer to their country, at the official rate, surplus income on local expenditure due to the transport of passengers, baggage, goods and postal items. If the payment service between the Contracting Parties is settled by a special agreement, it shall be applicable.

1. Rates for any agreed service shall be fixed at reasonable rates, taking due account of all the determining factors, including the cost of the operation, a reasonable profit, the characteristics of each service and the tariffs charged By other air transport undertakings.

2. The rates referred to in c. 1 of this Article shall, where possible, be determined by mutual agreement by the designated undertakings of the two Contracting Parties, after consulting the other air transport undertakings serving all or part of the same route. The designated undertakings shall, as far as possible, carry out this agreement by using the International Air Transport Association's tariff-setting mechanism or another similar international organisation.

3. The agreed rates shall be subject to the approval of the aeronautical authorities of the Contracting Parties and shall be submitted to them at least thirty (30) days before the date specified for their entry into force. In special cases, this period may be reduced, subject to the agreement of the said authorities.

4. If the designated undertakings cannot reach an agreement, or if the tariffs are not approved by the aeronautical authorities of a Contracting Party, the aeronautical authorities of both Contracting Parties shall endeavour to fix the tariffs By mutual agreement.

5. In the absence of an agreement, the dispute shall be referred to arbitration in accordance with Art. 23 of this Agreement.

6. The rates already established shall remain in effect until such time as new rates are fixed in accordance with the provisions of this Article or of Art. 23 of this Agreement.

(1) Each Contracting Party may request the undertakings designated by the other Contracting Party, that they notify the aeronautical authorities of the first Contracting Party of the scheduled hours at least fifteen (15) days before the Operation of agreed services. It will do the same for any modification of this schedule.

2. In the case of additional flights which the designated undertakings of a Contracting Party wish to ensure on the services agreed outside the approved schedule, these undertakings shall require the prior permission of the aeronautical authorities of The other Contracting Party. This application will normally be submitted at least two (2) working days prior to the flight.

The aeronautical authorities of both Contracting Parties shall, upon request, communicate on request periodic statistics or other similar information relating to traffic on agreed services.

Contracting Parties concur with the need to protect the environment by promoting the sustainable development of aviation. With regard to aerial operations between their respective territories, they agree to comply with the existing policy and guidance elements of the International Civil Aviation Organization.

In a spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time to ensure that the principles set out in this Agreement are applied and that the objectives of the Agreement are fulfilled In a satisfactory manner.

(1) If either Contracting Party deems it desirable to amend any provision of this Agreement, it may request consultation with the other Contracting Party. Such consultation shall commence within sixty (60) days from the date of receipt of such request. Any amendment agreed upon as a result of such consultation shall enter into force when the two Contracting Parties have notified each other of the completion of their own legal formalities.

2. Amendments to the Annex to this Agreement may be agreed directly between the aeronautical authorities of the Contracting Parties and shall enter into force after being confirmed by an exchange of diplomatic notes.

3. This Agreement and its Annexes shall be amended in such a way as to comply with any Multilateral Convention which would come to bind the two Contracting Parties.

(1) If a dispute arises between the Contracting Parties concerning the interpretation or application of this Agreement, the Contracting Parties shall first seek to resolve it by negotiation.

2. If the Contracting Parties are unable to reach agreement through negotiations, they may agree to submit the dispute to the decision of any person or body, or the dispute may, at the request of either Party Contracting Party shall be subject to the decision of an arbitration tribunal of three members designated as follows: each Contracting Party shall appoint an arbitrator, and these two arbitrators shall appoint a third arbitrator, who shall be a national of a third State and Preside over the tribunal. If, within two (2) months after one of the Contracting Parties has appointed its arbitrator, the other Contracting Party shall not designate its arbitrator, or if, within one month following the appointment of the second arbitrator, the two arbitrators shall not No agreement on the choice of the President, each Contracting Party may request the President of the Council of the International Civil Aviation Organization to make the necessary designations.

3. The arbitration tribunal shall determine its own rules of procedure.

4. The Contracting Parties undertake to comply with any decision made pursuant to this Article.

5. The arbitration tribunal shall decide on the apportionment of costs arising out of the proceedings.

Any Contracting Party may at any time notify the other Contracting Party of its desire to terminate this Agreement; such notification shall be communicated simultaneously to the International Civil Aviation Organization. In such a case, the Agreement shall terminate twelve (12) months after receipt of the notice of termination by the other Contracting Party, unless such denunciation is withdrawn by mutual agreement before the expiration of that period. Failing acknowledgement of receipt by the other Contracting Party, the notice of termination shall be deemed to have been received fourteen (14) days after the date on which the notice was received by the International Civil Aviation Organization.

This Agreement and its possible amendments shall be registered with the International Civil Aviation Organization.

This Agreement shall enter into force as soon as the Contracting Parties have notified each other of the completion of their legal formalities which allow for the conclusion and entry into force of international agreements.

On the date of its entry into force, this Agreement supersedes the Air Traffic Agreement between Switzerland and Kuwait ¹ On January 24, 1968.

In witness whereof , the undersigned, duly authorized to that effect by their respective Governments, have signed this Agreement.

Done at Montego Bay, Jamaica, on June 28, 2010, in duplicate, in the English, German and Arabic languages, the three texts being equally authentic. In the event of any difference in implementation, interpretation or application, the English text shall prevail.