before the department of transportation washington…

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Docket DOT – OST -2017-0049

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

[email protected]

For RwandAir

Dated Jan 18, 2021

Application of

“RwandAir” Limited Liability Company

for an exemption pursuant to 49 U.S.C

Section 40109 and a foreign air carrier

permit under 49 U.S.C section 41301

1

mailto:[email protected]

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, 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


Website: www.caa.gov.rw.

2


http://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



Kigali, Republic of Rwanda

5

BEFORE THE DEPARTMENT OF TRANSPORTATION WASIDNGTON,

D.C.

Application of

“RwandAir” Limited Liability Company

for an exemption pursuant to 49 U.S.C

Section 40109 and a foreign air carrier

permit under 49 U.S.C section 41301

Docket DOT – OST- 2017-0049

6

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

8

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



Kigali, Rwanda.

Tel.: +250788177000

Email: [email protected]

b. Name and address of the government authority having regulatory jurisdiction

over RwandAir's air transportation operations:


P.O.Box 1122 Kigali-Rwanda


Website: www.caa.gov.rw.

10


http://www.caa.gov.rw/

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

Chairman

Mr. Kabera Godfrey

KK 446 St, Kigali, Nyarugunga Sector,

Kicukiro District, Rwanda.

Vice Chairperson

Ms. Uwase Patricia

KG 1 Ave, Administrative Office Complex,

Kimihurura, Kigali, Rwanda

Member

Mr. Uwayo Theogene

KN3 AvNo. 19 Soras House, 3rd Floor Kigali, Rwanda

Member

Ms. Mukarugwiza Laurence

KK 265 St 22 Kicukiro, Niboye Kigali Rwanda

Member

Ms. Nkwihoreze Jacqueline

KK41, Nyarugunga Sector Kicukiro District, Kigali, Rwanda

Member

Mr. Rubango Epimaque Kayihura

No. 36, 466 Street, Kanserege village, Kanserege Cell, Kagarama Sector, Kicukiro District, Kigali, Rwanda

Member

Mr. Nyirubutama Jean Paul

Kinyinya Sector, Gasabo District, Kigali, Rwanda

12

Key Management Personnel

Title(s) Name Business Address

1. 1 Chief Executive Officer (CEO)

Ms. Yvonne Manzi Makolo

RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)788312555

2. Deputy Chief Executive Officer in Charge of Operations

Mr. Munyaneza Silver RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250) 788308156

3. Chief Finance Finance (CFO)

Ms Stella Murungi RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)737632498

4. Chief Legal Officer & Company Secretary

Mr. Ndugu Amos RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)784963411

5. Chief Internal Auditor Ms. Uwamahoro Nsabimana


6. Director Flight Operations

Mr. Osei Kojo Cobbina RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)736926089

7. Director Maintenance & Engineering

Mr. Rwamucyo Fiacre RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)782896416

8. Director Human Resources

Ms. Gumisiriza George RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)788732566

9. Director Support Services

Ms. Umuhire Liliane RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)738492876

10. Director Corporate Quality Assurance

Ms. Kamikazi Sonia RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)738306956

13

11. Director Corporate Security

Mr. Ngomirakiza Alex RwandAir Limited 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 Corporate and Strategic Planning

Mr. Mupende Fred Nsoro


14. Director Global Sales & Operations

Mr. Musoni Jimmy RwandAir Limited Top Floor, Main Terminal Building Kigali International Airport. Tel.: (+250)788306062

15. Director Ground Services

Mr. Ernest Mushi RwandAir Limited 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


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.

16


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

Office of the Secretary of Transportation

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. NOTE: For information on where to file completed copies of this form, see FILING INSTRUCTIONS below.

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


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

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.

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


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


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


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


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

https://en.wikipedia.org/wiki/Kenya

https://en.wikipedia.org/wiki/Regional_airline

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 .

23


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 N o . 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


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;



SAMCO Engineering Ltd;

Engines (CF34-8E) are contracted to General Electric (GE).

25

Maintenance Support – DHC8 – Q400 Aircraft :

Aircraft Line and Base Maintenance – Contracted to Ethiopian MRO;



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


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


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

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 8 221,601,978 171,255,391Direct 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.

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 - 291,398Share 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.

37

RW AND AIR LIMITED

CONSOLIDATED STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2019

ASSETS

Non-current assets Property and equipment Intangible assets Investment in associate Long term deposits

Current assets Inventory Trade and other receivables Prepaid operating lease rentals Cash and bank

TOTAL ASSETS

EQUITY AND LIABILITIES

Equity attributable to owners of the company Ordinary share capital Share application funds Translation reserve Accumulated loss

Non-current liabilities Loans and borrowings Loan with government Deferred tax liability

Current liabilities

Bank overdraft Loans and borrowings Loan with government Deferred income Trade and other payables Tax liabilities

TOT AL EQUITY AND LIABILITIES

Notes

15 16 17 18

20 19(a)

21 22

23 25

26(a) 26(b)(ii)

29(ii)

22 26b

26(b)(ii)) 27 28

14(b)

2019 USD

251,555,189 3,696,563

130,758 36,706,988

292,089,498

150,728 26,875,457 1,225,738

21,049,466

49,301,389

341,390,887

42,648,236 14,610,137

(349,658) (I 82,885,981) (125,977,266)

244,637,233 29,214,251

30,025

273,881,509

27,150,768 36,750,082 11,611,270 23,087,644 94,674,677

212,203

193,486,644

341,390,887

2018 USD

273,990,463 3,057,977

25,739,773

302,788,213

126,381 23,825,341

1,294,935 6,352,327

31,598,984

334,387,197

42,648,236 14,610,137

(93,203) (157,692,918) (100,527,748)

211,261,798 29,214,251

240,476,049

33,374,340 37,190,696 9,675,826

28,713,811 85,195,562

288,661

194,438,896

334,387,197

The Board of Directors approved the fi ncial statements on pages 9 to 86 on 03/April/2020 and were signed on its behalf by:

. '�

� j�:�� . �-Director · - *�@',"l ✓-1£;,,�irector _ ____,_,__ ___ _p ...,,:t:c:,

1r_.·Oe "'l(� ;e ' �a:R.roffe.!4-ese"Tinancial st, tements.

' �?<.,.� "'· S

I Page 11

. :.,O'�

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38

RWANDAJR LIMITED

COMPANY STATEMENT OF FINANCIAL POSITION AS AT 30 JUNE 2019

Notes 2019 ASSETS USD

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

289,968,139

Current assets Trade and other receivables 19(a) 29,144,419 Prepaid operating lease rental 21 1,225,738 Cash and bank 22 20,952,418

51,322,575

TOTAL ASSETS 341,290,714

EQUITY AND LIABILITIES

Equity attributable to owners of the company

Ordinary share capital 23 42,648,236

Share application funds 25 14,610,137 Accumulated loss (187,123,777)

�129,865,404)

Non-current Liabilities Loans and borrowings 26(a) 243,429,959

Loan with government 26(b) (i) 29,214,251

272,644,210

Current Liabilities

Bank overdraft 22 27,164,913

Loans and borrowings 26b 35,915,575

Loan with government 26(b)(ii) 11,611,270

Deferred income 27 23,087,644

Trade and other payables 28 93,806,496

Related party payables 32 (iv) 6,926,010

198,511,908

2018

USD

272,944,660 2,310

1,271,886 25,739,773

299,958,629

26,417,571 1,294,935 6,008,235

33,720,741

333,679,370

42,648,236

14,610,137 (159,734,724)

(102,476,351)

209,220,018

29,214,251

238,434,269

33,374,340

36,412,433

9,675,826

28,713,811

84,390,880

5,154,162

197,721:452

333,679,370 TOTAL EQUITY AND LIABILITIES 341,290,714 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

39

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


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.

41

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.

43


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

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]

49








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