Ost -2017-0049 Application of Rwandair

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BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of

“RwandAir” Limited Liability Company for an exemption pursuant to 49 U.S.C Docket DOT – OST -2017-0049 Section 40109 and a foreign air carrier permit under 49 U.S.C section 41301

APPLICATION OF RWANDAIR LIMITED LIABILITY COMPANY

FOR AMENDING FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be sent to:

Yvonne Manzi Makolo Chief Executive Officer and Accountable Manager

Silver Munyaneza Deputy Chief Executive Officer, In Charge of Operations.

Derryck Nuwagaba Manager, Partnerships, Government and Industry Affairs

RwandAir Limited Top Floor, Main Terminal Building, Kigali International Airport Kigali – Rwanda Tel: (+250) 788177000 wb-application@rwandair.com For RwandAir

Dated Jan 18, 2021

In support of this permit application, RwandAir Limited submits as follow

I. The full name and address of RwandAir Limited is:

RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport Kigali, Republic of Rwanda. Tel.: +250788177000 Email: [email protected]

2. RwandAir is a limited liability company founded and registered as a legal entity on September 12, 2002, under the applicable laws of the Republic of Rwanda. RwandAir is wholly owned by the Government of the Republic of Rwanda. Effective operational control of RwandAir is vested in its Management, most of whom are nationals. See Exhibits RWANDAIR - 3 & RWANDAIR- 4. RwandAir holds an Air Operator Certificate, issued by the Rwanda Civil Aviation Authority (the "RCAA'') on October 16, 2020 and remains valid until October 31, 2022, authorizing RwandAir, to operate domestic and international commercial air services, such certificate is continuously renewable subject to applicable procedures. See Exhibit RWANDAIR- 7.

3. The air transport authority of Rwanda having regulatory jurisdiction over RwandAir’s air transportation operations is:

Rwanda Civil Aviation Authority. P.O.Box 1122 Kigali-Rwanda Kigali International Airport Website: www.caa.gov.rw.

4. RwandAir Limited (‘RwandAir’) requests the amendment of its foreign air carrier permit in the above indicated docket permitting RwandAir to provide scheduled and charter foreign air transportation for passengers, property (including cargo) and mail (I) between any point or points in Rwanda and any point or points in the United States; and (2) between any point or points in the United States and any point or points in Rwanda. RwandAir plans to launch the said services from Kigali International Airport (KGL) in Kigali-Rwanda via Kotoka International Airport (ACC) to John F. Kennedy International Airport (JFK) in New York, U.S.A. in December, 2021.

5. RwandAir will mainly utilize its own Airbus A330s type aircraft into the United States, or such other aircraft as it may have or acquired to conduct the proposed operations. See Exhibits RWANDAIR - 2 & RWANDAIR -9. All of the aircraft RwandAir intends to operate to the United States are registered in Rwanda and are maintained by qualified engineering personnel holding the appropriate certificates for technical maintenance. Line and Base maintenance activities for RwandAir's aircraft are performed by different Approved Maintenance Organizations (AMO) as indicated in exhibit RWANDAIR – 10. Rwanda is a contracting State to the Convention on International Civil Aviation ("Chicago Convention"). RwandAir's aircraft are maintained in compliance with ICAO Annexes 1, 6 (Part 1), and 7. In addition, RwandAir's aircraft conform to type designs approved by the Rwanda Civil Aviation Authority, and have been issued airworthiness certificates in accordance with the provisions of ICAO Annex 8.

6. Attached on Exhibits RWANDAIR- 1 through RWANDAIR - 16 are responses relating to the requests found in 14 C.F.R. Section 211 of the Department's Regulations. These exhibits, combined with the prepared application, demonstrate that RwandAir is fit, willing, and able to perform the services that have been requested and to conform to the provisions of the Act and the Department's regulations in accordance with 49 U.S.C. section 41302.

3 7. RwandAir has been designated by the Government of Rwanda to perform foreign air transportation services between the United States and Rwanda as is required by 49 U.S.C. 41302. By its letter No. 2619/09.16/03/16 dated October 11, 2016, the Government of Rwanda designated RwandAir as a carrier to provide foreign air transportation services between Rwanda and the United States. This designation of RwandAir by the Government of Rwanda was transmitted through formal diplomatic channels.

8. RwandAir is qualified to operate to the United States. As this permit application and exhibits demonstrate, RwandAir has assembled an experienced team of individuals to manage and develop the unique market opportunities associated with the establishment of its U.S. operations. Moreover, RwandAir has the financial and technical resources to maintain its domestic and international service. RwandAir has accumulated substantial operating experience from almost nineteen years of its operations. See Exhibit RWANDAIR-8.

9. A grant of RwandAir's instant application is in the public interest as RwandAir will represent a recognized institutional presence in the market of passenger, property (including cargo) and mail air transportation. RwandAir represents the continued evolution of the aviation system of Rwanda and will be a highly qualified and well capitalized entrant into the newly-developing U.S. - Rwanda aviation market.

10. RwandAir submits that its application raises no environmental or energy concerns. Specifically, RwandAir’s annual fuel consumption will not exceed 10 million gallons or more, and therefore, a grant of the permit application will not constitute a "major regulatory action" for the purposes of the National Environmental Policy Act as implemented by 14 C.F.R. 313. As a result, RwandAir is not required to submit additional information about the energy consumption and energy efficiency consequences of its service proposal.

11. Rwanda has been at the forefront in fighting against the spread of the COVID-19 pandemic, consequently RwandAir has put in place all means available to strictly follow measures as set forth by the World Health Organization (WHO) in order to restore the industry. RwandAir also commits to observe the guidelines in the Order signed by the U.S 4 Centre for Disease Control and Prevention (CDC) Director on Jan 12, 2021. Granting the authority to RwandAir will not pause any health threats to the travelers or the U.S communities.

As RwandAir prepares to launch services between Kigali and New York using its own aircraft and crews, RwandAir respectfully requests that the Department amend its condition to RwandAir’s economic authority to state that RwandAir is permitted to use its own aircraft and crews in the services to and from the United States, in addition to code-share and/or wet- lease arrangements with a duly authorized and properly supervised U.S or foreign air carrier when Rwanda successfully achieves an IASA Category 1 rating.

THEREFORE, RwandAir respectfully requests that the Department amend RwandAir’s foreign air carrier permit for the reasons given above and as the Department determines to be appropriate and consistent with the public interest.

Respectfully submitted,

Derryck Nuwagaba Top Floor, Main Terminal Building Kigali International Airport Kigali, Republic of Rwanda

BEFORE THE DEPARTMENT OF TRANSPORTATION WASIDNGTON, D.C.

Application of “RwandAir” Limited Liability Company Docket DOT – OST- 2017-0049

for an exemption pursuant to 49 U.S.C Section 40109 and a foreign air carrier permit under 49 U.S.C section 41301

6 7

LIST OF EXHIBITS

EXHIBIT CONTENT RWANDAIR – 1 Corporate Information & Government Oversight RWANDAIR – 2 Service Proposal RWANDAIR - 3 Directors, and Key Personnel RWANDAIR – 4 Ownership Information RWANDAIR – 5 Relationship with the Government RWANDAIR – 6 Insurance Coverage RWANDAIR – 7 Operator Certificate RWANDAIR – 8 Operating History RWANDAIR – 9 Aircraft Inventory RWANDAIR – 10 Maintenance Arrangement RWANDAIR – 11 Agreements With Other Carrier Affecting Service Proposal RWANDAIR – 12 Financial Data Summaries RWANDAIR – 13 Financial and Traffic Projections RWANDAIR – 14 Bilateral Agreement and Designation RWANDAIR – 15 Safety and Tariff Violation RWANDAIR – 16 Waiver of Liability Limits Under Warsaw/Montreal Convention RWANDAIR – 17 Certificate of Service

EXHIBIT RWANDAIR -1 CORPORATE INFORMATION & GOVERNMENT OVERSIGHT

1. Background Information RwandAir Limited (and doing business as "RwandAir") is a private limited liability company founded and registered as a legal entity on September 12, 2002, under the applicable laws of Rwanda (Registration Certificate Number 100286135, dated September 12, 2002). RwandAir holds an Air Operator Certificate, issued to it by the Rwanda Civil Aviation Authority (the "RCAA''), on October 16, 2020, and continuously renewed subject to applicable procedures. RwandAir is registered with the International Civil Aviation Organization "ICAO" (ICAO Code: RWD), is an associated member of IATA (lATA Code: WB) and a European Aviation Safety Agency (EASA) member, (TCO code: EASA.TCO.RWA-0001.01), Kigali International Airport (KGL) is designated by the UK Department for Transport as an ACC3 Last Point of Departure (LPD) for RwandAir under reference; GB/ACC3/RWKGL-WB. RwandAir has already secured authorization from the Government of the Republic of Ghana to use Kotoka International Airport (IATA: ACC) as the Last Point of Departure (LPD) into the United States of America. At ACC the airline will exercise fifth (5th) freedom traffic rights as provided for in the bilateral air service agreements of both US and Ghana with Rwanda. RwandAir is a Rwandan flag carrier, with management and operational control vested in RwandAir’s key management personnel, most of whom are nationals of Rwanda. A list of such personnel can be found in exhibit RWANDAIR - 3. RwandAir is governed by a Board of Directors who are appointed by the Annual General Meeting of the Shareholders, all of the Directors are Rwandan nationals. The list of such directors can be found in exhibit RWANDAIR – 3. The Board of Directors has the authority to amend the Charter, establish the executive bodies of the company, approve annual financial statements of the company, make decisions with respect to its reorganization or liquidation, establish subsidiaries, branches and other affiliates and representative offices, as well as other key governing decisions. The Board of Directors delegates day to day operational management decision-making to the Chief Executive Officer and key management personnel subject to supervision and review by the Directors.

9 The management has driven RwandAir to become the fastest growing airline on the continent and has on many occasions won accolades as the best airline in the region due to its outstanding operational performance.

II. Specific Corporate Information a. Name and Address of Applicant:

RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport Kigali, Rwanda. Tel.: +250788177000 Email: [email protected]

b. Name and address of the government authority having regulatory jurisdiction over RwandAir's air transportation operations:

Rwanda Civil Aviation Authority. P.O.Box 1122 Kigali-Rwanda Kigali International Airport Website: www.caa.gov.rw.

10 EXHIBIT RWANDAIR - 2

SERVICE PROPOSAL

RwandAir requests the authority to conduct the full scope of services provided for under the Open Skies Agreement, specifically: A. Scheduled foreign air transportation of persons, property, and mail from points behind Rwanda via Rwanda and intermediate points to a point or points in the United States and beyond; B. Scheduled foreign air transportation of property and mail between the United States and any point or points; C. Charter foreign air transportation of persons, property, and mail between any point or points in Rwanda and any point or points in the United States, and between any point or points in the United States and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to Rwanda for the purpose of carrying local traffic between Rwanda and the United States; and D. Other charters pursuant to 14 CFR Part 212 of the Department’s regulations. RwandAir therefore requests for an exemption and an amended permit to the extent necessary to allow it to conduct its U.S services with its own aircraft and crews. RwandAir intends to begin operating the requested services during winter season of this year, precisely December 2021. RwandAir intends to operate mainly Airbus A330 type aircraft, which are all noise stage 4 compliant for the proposed services. RwandAir may further expand the proposed services using other types of aircraft in the near future.

11 EXHIBIT RWANDAIR- 3

DIRECTORS AND KEY PERSONNEL

The following are the names and business addresses of all RwandAir's key management personnel. Most of the key management personnel are citizens of the Republic of Rwanda. RwandAir’s Board of Directors consists of only citizens of the Republic of Rwanda The individuals listed below are not related by blood or marriage.

Board of Directors

Title(s) Name Residence Address KK 446 St, Kigali, Nyarugunga Sector, Chairman Mr. Kabera Godfrey Kicukiro District, Rwanda.

KG 1 Ave, Administrative Office Complex, Vice Chairperson Ms. Uwase Patricia Kimihurura, Kigali, Rwanda

KN3 AvNo. 19 Soras House, 3rd Floor Kigali, Rwanda Member Mr. Uwayo Theogene

KK 265 St 22 Kicukiro, Niboye Kigali Rwanda Member Ms. Mukarugwiza Laurence

KK41, Nyarugunga Sector Kicukiro District, Kigali, Rwanda Member Ms. Nkwihoreze Jacqueline

No. 36, 466 Street, Kanserege village, Kanserege Cell, Kagarama Sector, Kicukiro Member Mr. Rubango Epimaque Kayihura District, Kigali, Rwanda Kinyiny a Sector, Gasabo District, Kigali, Rwanda Member Mr. Nyirubutama Jean Paul

Key Management Personnel

Title(s) Name Business Address 1. Chief1 Executive Ms. Yvonne Manzi RwandAir Limited Officer (CEO) Makolo Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)788312555 2. Deputy Chief Mr. Munyaneza Silver RwandAir Limited Executive Officer in Top Floor, Main Terminal Building Charge of Operations Kigali International Airport. Tel.: (+250) 788308156 3. Chief Finance Finance Ms Stella Murungi RwandAir Limited (CFO) Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)737632498 4. Chief Legal Officer & Mr. Ndugu Amos RwandAir Limited Company Secretary Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)784963411 5. Chief Internal Auditor Ms. Uwamahoro RwandAir Limited Nsabimana Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)738438781 6. Director Flight Mr. Osei Kojo Cobbina RwandAir Limited Operations Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)736926089 7. Director Mr. Rwamucyo Fiacre RwandAir Limited Maintenance & Top Floor, Main Terminal Building Engineering Kigali International Airport. Tel.: (+250)782896416 8. Director Human Ms. Gumisiriza George RwandAir Limited Resources Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)788732566 9. Director Support Ms. Umuhire Liliane RwandAir Limited Services Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)738492876 10. Director Corporate Ms. Kamikazi Sonia RwandAir Limited Quality Assurance Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)738306956 13 11. Director Corporate Mr. Ngomirakiza Alex RwandAir Limited Security Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)724123008 12. Director Safety Ms. Ndichu Hellen RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)733385481 13. Snr Manager Mr. Mupende Fred RwandAir Limited Corporate and Nsoro Top Floor, Main Terminal Building Strategic Planning Kigali International Airport. Tel.: (+250)738845772 14. Director Global Sales Mr. Musoni Jimmy RwandAir Limited & Operations Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)788306062 15. Director Ground Mr. Ernest Mushi RwandAir Limited Services Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)733554635

14 EXHIBIT RWANDAIR- 4

OWNERSHIP INFORMATION

RwandAir is a privately owned limited liability company, wholly owned by the Government of Rwanda represented by ATL (Aviation Travel and Logistics Holding Limited). The holding company (ATL) was established and is existing under the laws of the Republic of Rwanda. Effective operational control of RwandAir is vested in its Management and Board of Directors, as set forth in exhibit RWANDAIR – 3.

15 EXHIBIT RWANDAIR - 5

RELATIONSHIP WITH THE GOVERNMENT OF RWANDA

As noted in exhibit RWANDAIR- 1, RwandAir is a limited liability company organized under the laws of Rwanda. In accordance with the Republic of Rwandan law, Article 23 of law No 17/2018 of 13/04/2018 relating to companies. RwandAir is a separate legal entity having an independent balance sheet, separate property, and the rights to conclude contracts, acquire real, personal and intangible property rights, and bear independent liability. RwandAir acts under free-market principles where it has the authority to independently control its managerial decisions, and its directors, and key management personnel are charged with, and implement that responsibility. The relationship may also be attested by the letter of comfort from the Ministry of Finance and Economic Planning, See exhibit RWANDAIR - 12.

EXHIBIT RWANDAIR - 6

INSURANCE COVERAGE

RwandAir’s insurance coverage meets the requirements of 14 C.F.R. Part 205. Its aircraft and services are insured by "MARSH LIMITED" that in tum underwrites its policy through "LlOYDS UNDERWRITERS AND CERTAIN INSURANCE COMPANIES". A copy of DOT - OST Form 6411 (Certificate of Insurance) from RwandAir‘s insurer is attached hereto.

17 THIS CERTIFICATE CANCELS AND REPLACES ANY PREDATED CERTIFICATE (OST FORM) ISSUED ON BEHALF OF THE INSURED NAMED BELOW. Reference No. C20/RWAN/00080 AGENCY DISPLAY OF ESTIMATED BURDEN

The public reporting burden for this collection of information is estimated to average 30 minutes per response. If you wish to comment on the accuracy of the estimate or make suggestions for reducing this burden, please direct your comments to: U.S. Department of Transportation, Office of Aviation Analysis, X-56, 400 7th St., SW, Washington, D.C. 20590. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

Office of the Secretary NOTE: For information on where to file completed copies of this form, see FILING INSTRUCTIONS below. of Transportation OMB No. 2106-0030 Expires 2-28-2011 FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANCE

POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY AND PROPERTY DAMAGE LIABILITY

FILING INSTRUCTIONS: File a signed original of this form with the Federal Aviation Administration, Air Transportation Div., AFS-260, 800 Independence Ave., S.W., Washington, D.C. 20591. (See EXCEPTION below.) EXCEPTION: If Section 2.A. is filled in because the insured is a Canadian Charter Air Taxi Operator, file an original of this form with the U.S. Department of Transportation, Special Authorities Division (X-46), 400 7th Street, SW, Washington, D.C. 20590

(Please type information, except signatures.)

THIS CERTIFIES THAT: CERTAIN LLOYD’S UNDERWRITERS AND VARIOUS INSURANCE COMPANIES VIA MARSH LTD - AVIATION & AEROSPACE PRACTICE (AS BROKERS) (Name of Insurer)

has issued a policy or policies of Aircraft Liability Insurance to RWANDAIR Top Floor, Kigali International Airport, P.O. Box 7275, Kigali,

Rwanda FAA Certificate Number

(Name, address and FAA Certificate number of Insured Foreign Air Carrier)

effective from 19th July, 2020 until ten (10) days after written notice from the insurer or carrier of the intent to terminate coverage is received by the Department of Transportation.

NOTE: Part 205 of the Department’s Regulations does not allow for a predetermined termination date, and a certificate showing such a date is unacceptable.

1. The Insurer (Check one)  is licensed to issue aircraft insurance policies in the United States;  is licensed or approved by the government of VARIOUS COUNTRIES to issue aircraft insurance policies, or  is an approved surplus line insurer in the State(s) of

2. The insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the following during operation, maintenance, or use of aircraft in “foreign air transportation” as that term is defined 49 U.S.C. 40102. (Complete applicable section A, B, or C below):

A. CANADIAN CHARTER AIR TAXI OPERATIONS WITH PART 294 AUTHORITY ONLY

The aircraft covered by this policy have: (1) 30 or fewer passenger seats and a maximum payload capacity of 7,500 pounds or less; and/or (2) a maximum authorized takeoff weight on wheels of no more than 35,000 pounds. (Complete separate or combined coverage as appropriate):

 Separate Coverages: Minimum Limit

Policy No. Type of Liability Each person Each Occurrence Combined Bodily Injury (Excluding Passengers other than cargo attendants) and Property Damage Liability $75,000 $2,000,000*(See note)

Passenger Bodily Injury $75,000 $75,000 x 75% of total number of passenger seats installed in aircraft

 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury. Policy No. Amount of Coverage U.S. Dollars

 This Policy covers CARGO operations only and excludes passenger liability insurance.

NOTE: If the aircraft covered by this policy have more than 30 passenger seats or more than a maximum payload capacity of 7,500 pounds, the minimum limit per occurrence shall be $20,000,000 OST Form 6411

18 B. FOREIGN AIR CARRIERS OPERATING SMALL AIRCRAFT The aircraft covered by this policy are SMALL AIRCRAFT (i.e., with 60 or fewer passenger seats or with a maximum payload capacity of 18,000 pounds or less). (Complete separate or combined coverage as appropriate):

 Separate Coverages: Minimum Limit

Policy No. Type of Liability Each person Each Occurrence

Combined Bodily Injury (Excluding Passengers other than cargo attendants) and Property Damage Liability $300,000 $2,000,000

Passenger Bodily Injury $300,000 $300,000 x 75% of total number of passenger seats installed in aircraft

 This policy covers CARGO operations only and excludes passenger liability insurance.

C. FOREIGN AIR CARRIERS OPERATING LARGE AIRCRAFT

The aircraft covered by this policy are LARGE AIRCRAFT (i.e., with more than 60 passenger seats or with a maximum payload capacity of more than 18,000 pounds). (Complete separate or combined coverage as appropriate):

 Separate Coverages: Minimum Limit Policy No. Type of Liability Each person Each Occurrence

Combined Bodily Injury (Excluding Passengers other than cargo attendants) and Property Damage Liability $300,000 $20,000,000

Passenger Bodily Injury $300,000 $300,000 x 75% of total number of passenger seats installed in aircraft  Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury.. Policy No. AVNAL2000181 Amount of Coverage At least the required minimum stated above  This policy covers CARGO operations only and excludes passenger liability insurance.

3. The policy or policies listed in this certificate insure(s) (Check One): Make and Model FAA or Foreign Flag Registration No.  Operations conducted with all aircraft operated by the Insured  Operations conducted with the following types of aircraft:  Operations with the following aircraft: (Use additional page if necessary)

4. Each policy listed in this certificate meets or exceeds the requirements in 14 CFR Part 205.

– MARSH LTD AVIATION & AEROSPACE PRACTICE (Name of Insurer) (Name of Broker, if applicable)

1 TOWER PLACE WEST, TOWER PLACE, (Address) (Address)

LONDON EC3R 5BU (City, State, Zip Code) (City, State, Zip Code) STEVE HASLAM - AUTHORISED SIGNATORY Contact (person who can verify the effectiveness of the coverage) (Officer or authorized representative)

/ 020-7357-1932 / 020-7929-2705 (Area Code, Phone Number) (Area Code, FAX Number) (Area Code, Phone Number) (Area Code, FAX Number)

(Signature, if applicable) (Signature)

14th January, 2021 (Date) (Date)

19 EXHIBIT RWANDAIR - 7

OPERATOR CERTIFICATE

A copy of RwandAir's current Air Operator Certificate (No. RCAA-AOC-095), issued by the RCAA is attached hereto. RwandAir’s Air Operator Certificate was most recently issued on October 16, 2020, and will be valid until the October 31, 2022. The Air Operator Certificate grants RwandAir the right to operate domestic and international commercial air services subject to the oversight of the Rwanda Civil Aviation Authority. Moreover, subject to compliance with the national requirements and regulations of the RCAA, RwandAir's Air Operator Certificate is routinely extended every two years.

20 21

EXHIBIT RWANDAIR - 8

OPERATING HISTORY

In September 2002, RwandAir Express was established with a single wet-leased Dash-8 (100 series) aircraft operating within the neighboring countries. Its operations continued to grow with the addition of wet-leased CRJ-100/200 series from Jetlink Express a Kenyan regional airline. In 2009, the airline was relaunched as RwandAir Ltd (‘RwandAir’) whilst government strategically invested in acquiring its own new aircraft. RwandAir with its young fleet of twelve (12) aircraft currently operates scheduled air services predominantly within Africa, one destination in the Middle East (the United Arab Emirates - Dubai), two destinations in Europe (the United Kingdom and Belgium) and Indian subcontinent. In December 2016, RwandAir acquired two (2) brand new Airbus A330-300 and A330- 200 equipped with Rolls – Royce Trent 772B-60 engines which comply with the provisions and standards of Aviation Rules AR-36, Stage IV and ICAO Annex 16, Volume 1, Chapter 4 (environmental protection). RwandAir is expecting to expand its fleet with more of such modernized aircraft in the near future. The airline currently operates scheduled flights to twenty-four (24) destinations within Africa including one in the Middle East, two in Europe and two in Asia, few of them include; Uganda (Entebbe), Kenya (Nairobi), South Africa (Johannesburg), Nigeria (Lagos), Ivory Coast (Abidjan) Gabon (Libreville), United Arab Emirates (Dubai), United Kingdom, Belgium, India (Mumbai) and (China-Guangzhou). RwandAir is planning to expand its network operations to various directions including three (3) routes in African and United States of America within this year. 22

Since its dynamic rebirth in 2009, RwandAir has consistently expanded the scope of its operations. In June of 2014 RwandAir obtained its first IOSA (IATA Operations Safety Audit) certification which has been successfully renewed and the current certificate is valid until 13th June 2022, in accordance with the provisions of the IOSA program manual. In July of 2016 RwandAir obtained its first ISAGO (IATA Safety Audit for Ground Operations) certification and has gone through re-newal audit and pending reception of the new ISAGO certificate in accordance with the requirements of the ISAGO program manual. In December of 2016 RwandAir obtained its TCO (Third Country Operator) certification issued by EASA (European Aviation Safety Agency) authorizing it to carry out commercial air transport services into any of the European member states. These certifications recognize and underscore RwandAir’s operational management abilities and control systems RwandAir has code-sharing and interline relations with different airlines including; Turkish Airlines, SN Brussels Airlines, Ethiopian Airlines, South African Airways, China Southern, Emirates, Qatar, Proflight Zambia and Precision Air .

EXHIBIT RWANDAIR - 9

AIRCRAFT INVENTORY

RwandAir currently operates a young fleet of twelve aircraft which include two (2) Airbuses A330s, four (4) Boeing B737-800, two (2) Boeing B737-700, Two (2) Bombardier CRJ-900 and two (2) Bombardier Q400. RwandAir plans to continue expanding its fleet of aircraft in the near future with young modernized aircraft all of which would be noise stage 4 compliant.

RwandAir currently owns the following aircraft: Aircraft Type & Serial No. Year of Manufacture Registration No. Country of Registration A330-300 - 1759 2016 9XR-WP RWANDA A330-200 - 1741 2016 9XR-WN RWANDA B738-800 - 40892 2011 9XR-WF RWANDA B738-800 - 40893 2011 9XR-WG RWANDA CRJ-900 - 15286 2012 9XR-WH RWANDA CRJ-900 - 15287 2012 9XR-WI RWANDA Q400 - 4464 2014 9XR-WL RWANDA

RwandAir currently leases the following aircraft: Aircraft Type & Serial No. Year of Manufacture Registration No. Country of Registration B737-800 - 41357 2017 9XR-WR RWANDA B738-800 - 42057 2016 9XR-WQ RWANDA B737-700 - 30726 2007 9XR-WK RWANDA B737-700 - 30717 2007 9XR-WJ RWANDA Q400 - 4498 2015 9XR-WM RWANDA

24 EXHIBIT RWANDAIR – I0

MAINTENANCE ARRANGEMENTS

Rwanda is a contracting State to the Convention on International Civil Aviation ("Chicago Convention"). RwandAir aircraft are maintained in compliance with ICAO Annexes I, 6 (Part 1), and 7 and have been issued civil airworthiness certificates in accordance with the provisions of ICAO Annex 8. Maintenance operations are conducted in accordance with RCAA approved maintenance control manuals and procedures. Line and Base Maintenance activities including the Continuous Airworthiness Management (CAMO) are outsourced to Approved Maintenance Organizations (AMO), while RwandAir is in the process of in-house capacity development. Maintenance Support – A330 Aircraft: . Aircraft Line and Base Maintenance – Contracted to Lufthansa Technik; . Components Maintenance, Pool and Supply – Contracted to Lufthansa Technik; . Continuous Airworthiness and Maintenance Organization (CAMO) – Contracted to Lufthansa Technik; . Engines (RR Trent 700) Maintenance – Total Care Support - Rolls Royce. Maintenance Support – B737NG Aircraft: . Aircraft Line and Base Maintenance – Contracted to Ethiopian MRO; . Components Maintenance, Pool and Supply – Contracted to Lufthansa Technik . Continuous Airworthiness and Maintenance Organization (CAMO) – Contracted to Ethiopian MRO; . Engines (CFM56-7E) Maintenance Support – Contracted to MTU Aero Engines AG. Maintenance Support – CRJ900 Aircraft: . Aircraft Line and Base Maintenance – Contracted to SAMCO Aircraft Maintenance; . Components Maintenance, Pool and Supply – Contracted to Lufthansa Technik; . Continuous Airworthiness and Maintenance Organization (CAMO) – Contracted to SAMCO Engineering Ltd; . Engines (CF34-8E) are contracted to General Electric (GE).

Maintenance Support – DHC8 – Q400 Aircraft : . Aircraft Line and Base Maintenance – Contracted to Ethiopian MRO; . Components Maintenance, Pool and Supply – Contracted to Lufthansa Technik; . Continuous Airworthiness and Maintenance Organization (CAMO) – Contracted to Ethiopian MRO; . Engines (PW150) Maintenance Support – Contracted to P&W Canada (The OEM). Materials and Spares Suppliers: . A list of Approved Vendors and Suppliers is kept by Quality Control and managed by means of our Quality IT software (Q-pulse) and other Major Software applications in use for Maintenance Management and Control include; Alkym Maintenance Management & Control system software while our contractors use their own systems. Below are our Technical Partners & Suppliers: . Lufthansa Technik (RCAA & EASA approved) . Rolls Royce (OEM, RCAA & EASA Approved MRO) . Ethiopian AMO (RCAA & EASA Approved) . SNECMA (OEM, RCAA & EASA Approved MRO) . SAMCO Engineering (RCAA & EASA Approved AMO) . General Electric (GE) (OEM, RCAA & EASA Approved MRO) . Lufthansa Aero (RCAA & EASA Approved MRO)

26 EXHIBIT RWANDAIR - 11

AGREEMENTS WITH OTHER CARRIERS AFFECTING RWANDAIR'S SERVICE PROPOSAL

RwandAir has code-sharing and interline relations with different airline including; Turkish Airlines, SN Brussels Airlines, Ethiopian Airlines, China Southern, South African Airways, Emirates, Qatar, Proflight Zambia and Precision Air These cooperative working arrangements with the referenced carriers, however, will not affect RwandAir’s services proposed by this application.

27 EXHIBIT RWANDAIR - 12

FINANCIAL DATA SUMMARIES

From time to time, RwandAir receives financial assistance from the Rwandan Government, depending on commercial conditions as referenced in the attached letter from the Ministry of Finance and Economic Planning In this exhibit, RwandAir is providing the Department with a summary of audited financial statements for the years, 2017 - 2019.

RwandAir respectfully requests that in addition to the attached statements, the Department considers its extensive operations over the past years as sufficient to demonstrate the capability of RwandAir to operate to the United States.

28 29 30 31 32 33 34 35 RWANDAIR LIMITED

CONSOLIDATED STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2019

2019 2018 Notes USD USD

Revenue 8 221,601,978 171,255,391 Direct costs 9 (315,363,876) (270,496,429)

Gross loss (93,761,898) (99,241,038)

Employee expenses 10 (17,013,978) (15,952,795) Administration & operating expenses 11 (24,148,582) (20,283,159)

Total expenses ( 41,162,560) (36,235,954)

Operating loss (134,924,458) (135,476,992)

Finance cost 12 (31,784,105) (35,473,068)

Net finance cost (31,784,105) (35,473,068)

Bargain on purchase of subsidiary - 291,398 Share of profit in associate 17 15,836 -

Loss before income tax and government grant (166,692,727) (170,658,662)

Grant income 13 143,147,507 111,120,442

Loss before tax (23,545,220) ( 59,538,220)

Income tax expense 14(a) (507,495) (291,029)

Net loss for the year (24,052,715) (59,829,249)

Other comprehensive income Items that are or may be reclassified subsequently to profit or loss Foreign currency translation differences (256,455) (93,203)

Total comprehensive income (24,309,170) (59,922,452)

The notes on pages 17 to 86 are an integral part of these financial statements.

Page 9 36 RWANDAIR LIMITED

COMPANY STATEMENT OF PROFIT OR LOSS AND OTHER COMPREHENSIVE INCOME FOR THE YEAR ENDED 30 JUNE 2019

2019 2018 Notes USD USD

Revenue 8 221,407,348 171,185,588 Direct costs 9 (320,475,037) (275,654,432)

Gross loss (99,067,689) (104,468,844)

Employee expenses 10 (15,850,591) (14,863,793) Administration & operating expenses 11 (23,021,232) (18,747,119)

Total expenses (38,871,823) (33,610,912)

Operating loss (137,939,512) (138,079,756)

Finance Cost 12 (31,472,536) (35,203,139)

Net finance cost (31,472,536) (35,203,139)

Bargain on purchase of subsidiary 17 - 291,398 Share of profit in associate 17 15,836 -

Loss before income tax and government grant (169,396,212) (172,991,497)

Grant income 13 143,147,507 111,120,442

Loss before tax (26,248,705) (61,871,055)

Income tax expense 14(a) - -

Net loss for the year (26,248,705) (61,871,055)

Other comprehensive income - -

Total comprehensive income (26,248,705) (61,871,055)

The notes on pages 17 to 86 are an integral part of these financial statements.

Page 10 37 RW AND AIR LIMITED

CONSOLIDATED STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2019

Notes 2019 2018 ASSETS USD USD Non-current assets Property and equipment 15 251,555,189 273,990,463 Intangible assets 16 3,696,563 3,057,977 Investment in associate 17 130,758 Long term deposits 18 36,706,988 25,739,773

292,089,498 302,788,213 Current assets Inventory 20 150,728 126,381 Trade and other receivables 19(a) 26,875,457 23,825,341 Prepaid operating lease rentals 21 1,225,738 1,294,935 Cash and bank 22 21,049,466 6,352,327 49,301,389 31,598,984 TOTAL ASSETS 341,390,887 334,387,197 EQUITY AND LIABILITIES Equity attributable to owners of the company Ordinary share capital 23 42,648,236 42,648,236 Share application funds 25 14,610,137 14,610,137 Translation reserve (349,658) (93,203) Accumulated loss (I 82,885,981) (157,692,918) (125,977,266) (100,527,748) Non-current liabilities Loans and borrowings 26(a) 244,637,233 211,261,798 Loan with government 26(b)(ii) 29,214,251 29,214,251 Deferredtax liability 29(ii) 30,025

273,881,509 240,476,049 Current liabilities Bank overdraft 22 27,150,768 33,374,340 Loans and borrowings 26b 36,750,082 37,190,696 Loan with government 26(b)(ii)) 11,611,270 9,675,826 Deferred income 27 23,087,644 28,713,811 Trade and other payables 28 94,674,677 85,195,562 Tax liabilities 14(b) 212,203 288,661 193,486,644 194,438,896

TOTAL EQUITY AND LIABILITIES 341,390,887 334,387,197 The Board of Directors approved the fi ncial statements on pages 9 to 86 on 03/April/2020 and were signedon its behalf by: . '�

Director · - *�@', ✓1£- irector_ ____,_,______...,,:t:c:,"l ;,,� � j�1r_:��p.· Oe "'l(� . �- ;e ' �a:R.roffe.!4-ese"Tinancial st, tements. ' �?<.,. "'· S � Page 11 . :.,O'� I �-/

38 RWANDAJR LIMITED

COMPANY STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2019

Notes 2019 2018 ASSETS USD USD

Non-current assets Property and equipment 15 250,826,612 272,944,660 Intangible assets 16 1,034,195 2,310 Investment in associate 17 (a) 130,758 Investment in subsidiary 17 (a) 1,271,886 1,271,886 Long term deposits 18 36,704,688 25,739,773

289,968,139 299,958,629 Current assets Trade and other receivables 19(a) 29,144,419 26,417,571 Prepaid operating lease rental 21 1,225,738 1,294,935 Cash and bank 22 20,952,418 6,008,235

51,322,575 33,720,741

TOTAL ASSETS 341,290,714 333,679,370

EQUITY AND LIABILITIES

Equity attributable to owners of the company Ordinary share capital 23 42,648,236 42,648,236 Share application funds 25 14,610,137 14,610,137 Accumulated loss (187,123,777) (159,734,724) �129,865,404) (102,476,351) Non-current Liabilities Loans and borrowings 26(a) 243,429,959 209,220,018 Loan with government 26(b) (i) 29,214,251 29,214,251 272,644,210 238,434,269 Current Liabilities Bank overdraft 22 27,164,913 33,374,340 Loans and borrowings 26b 35,915,575 36,412,433 Loan with government 26(b)(ii) 11,611,270 9,675,826 Deferredincome 27 23,087,644 28,713,811 Trade and other payables 28 93,806,496 84,390,880 Related party payables 32 (iv) 6,926,010 5,154,162 198,511,908 197,721:452 TOTAL EQUITY AND LIABILITIES 341,290,714 333,679,370 The Board of Directors approved the financial statements on pages 9 to 86 on 03/April/2020 and were signed on its behalf by:

Director:

Page 12

EXHIBIT RWANDAIR -13

FINANCIAL & TRAFFIC PROJECTIONS

RwandAir has not prepared financial projections for the first twelve months of proposed operations due to the fact that RwandAir needs to establish a market presence before it will be able to set forth an accurate assessment of costs and revenues for the US market. As stated in exhibit RWANDAIR- 12, RwandAir respectfully requests that the Department permits it the same treatment as other foreign air carriers that received Department authority to operate to the U.S. where financial statements and/or projections were completely or partially unavailable.

40 EXHIBIT RWANDAIR -14

BILATERAL AGREEMENT & DESIGNATION OF RWANDAIR

RwandAir has been designated by the Government of Rwanda to perform foreign air transportation services between the United States and Rwanda as is required by both Bilateral Air Service Agreement signed on 11th October 2000 in Washington D.C. and 49 U.S.C. 41302.

By its letter N 2619/09.16/03/16 dated October 11, 2016, the Government of Rwanda designated RwandAir to conduct International Air service between Rwanda and the United States. This designation of RwandAir by the Government of Rwanda was transmitted through formal diplomatic channels.

EXHIBIT RWANDAIR- 15

SAFETY & TARIFF VIOLATIONS

Since its formation in 2002, RwandAir has only been involved in one serious accident. On 12th November 2009, flight number WB 205; a Bombardier CL 600-2B19 with registration 5Y-JLD (Wet leased aircraft) operated by Jetlink Express Limited, impacted the terminal building at Kigali International Airport (Rwanda) during taxiing out resulting in 1 fatality. The flight crew’s failure to identify corrective action and their lack of knowledge of applicable airplane and engine systems in response to a jammed thrust lever, which resulted in the number 1 engine operating at high power and the airplane configured in an unsafe condition that led to the need to apply heavy braking during landing was determined to be the cause of the accident. Following the accident, RwandAir, under the oversight of the RCAA, cancelled the wet lease arrangement and started heavy investment of acquiring its own aircraft to ensure the implementation of broad programs of safety enhancing measures including full control of operations.

RwandAir has never been and will never be involved in any tariff violations.

EXHIBIT RWANDAIR -16

WAIVER OF LIABILITY LIMITS UNDER WARSAW/MONTREAL CONVENTION

Attached are four copies of OST Form 4523 (Waiver of liability Limits under Warsaw Convention) as is required by 14 C.F.R. 211.20. The originally executed Form will be submitted to the Department by hand delivery.

44 45 46 47 48

CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing application of RwandAir Limited has this day been served on each of the following individuals via e-mail.

………………………. Derryck Nuwagaba

Dated: Jan 18, 2021

Service List

American Airlines - [email protected] and [email protected]

Delta Air Lines- [email protected] and [email protected]

United Airlines: [email protected] and [email protected]

National Air Carrier Association: [email protected]