U.S.-Kenya Amendment of Air Transport Agreement of February 5, 2020

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 AGREEMENT AMENDING THE
AIR TRANSPORT AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE REPUBLIC OF KENYA

The Government of the United States of America and the Government of the Republic of Kenya (hereinafter, the “Parties”);

Desiring to modernize and strengthen their bilateral aviation relationship and to expand all-cargo international air transport opportunities in order to facilitate increased and more efficient commerce and trade;

Have agreed to amend the Air Transport Agreement between the Government of the United States of America and the Government of the Republic of Kenya, signed at Washington June 18, 2008 (the “Agreement”), as follows:

Article 1 

Amendments to Article 2 of the Agreement (“Grant of Rights”)

In Article 2 of the Agreement:

1. Paragraph 1, subparagraph (c) shall be deleted and replaced with the following:
   (c)        the right to perform international air transportation between points on the following routes:
   (i)        for airlines of the United States, from points behind the United States via the United States and intermediate points to any point or points in Kenya and beyond; and for all-cargo service, between Kenya and any point or points;
   (ii)       for airlines of Kenya, from points behind Kenya via Kenya and intermediate points to any point or points in the United States and beyond; and for all-cargo service, between the United States and any point or points; and
2. Paragraph 2 shall be amended by deleting the final clause and replacing it with the following:
   without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement, provided that, with the exception of all-cargo services, the transportation is part of a service that serves a point in the homeland of the airline.
3. Paragraph 3 shall be deleted and replaced with the following:
   3. On any segment or segments of the routes above, any airline of a Party may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated, provided that, with the exception of all-cargo services, in the outbound direction, the transportation beyond such point is a continuation of the transportation from the homeland of the airline and, in the inbound direction, the transportation to the homeland of the airline is a continuation of the transportation from beyond such point.

Article 2

Entry into Force

This agreement shall enter into force on the date of the later note in an exchange of diplomatic notes between the Parties confirming the completion of their respective internal procedures for entry into force.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this agreement.

DONE at Washington, this fifth day of February 2020, in two originals, in the English language.