Artikel 4

1. Each Contracting Party shall have the right to designate in writing, through diplomatic channels, to the aeronautical authorities of the other Contracting Party one or more airlines to operate the agreed services in accordance with this Agreement, and to withdraw or alter such designation.
2. On receipt of such a designation, and of application from the designated airline, in the form and manner prescribed for operating authorization and technical permission, each Contracting Party shall grant the appropriate operating authorization with minimum procedural delay to exercise the rights specified in Article 3 of this Agreement, provided that:
a) in the case of an airline designated by the State of Kuwait: (i) the airline has its principal place of business in the territory of the State of Kuwait;
(ii) the State of Kuwait has and maintains effective regulatory control of the airline and holds a valid Air Operator’s Certificate (AOC) issued by the State of Kuwait;
(iii) the designated airline of the State of Kuwait is in compliance with the provisions set forth in Article 15 and Article 16 of this Agreement; and
(iv) the designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air transport services by Sint Maarten.
(i) the airline has its principal place of business in the territory of the State of Kuwait;
(ii) the State of Kuwait has and maintains effective regulatory control of the airline and holds a valid Air Operator’s Certificate (AOC) issued by the State of Kuwait;
(iii) the designated airline of the State of Kuwait is in compliance with the provisions set forth in Article 15 and Article 16 of this Agreement; and
(iv) the designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air transport services by Sint Maarten.
b) in the case of an airline designated by Sint Maarten: (i) the airline has its principal place of business in the territory of Sint Maarten;
(ii) Sint Maarten has and maintains effective regulatory control of the airline and holds a valid Air Operator’s Certificate (AOC) issued by Sint Maarten;
(iii) Sint Maarten is in compliance with the provisions set forth in Article 15 and Article 16 of this Agreement; and
(iv) the designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air transport services by the State of Kuwait.
(i) the airline has its principal place of business in the territory of Sint Maarten;
(ii) Sint Maarten has and maintains effective regulatory control of the airline and holds a valid Air Operator’s Certificate (AOC) issued by Sint Maarten;
(iii) Sint Maarten is in compliance with the provisions set forth in Article 15 and Article 16 of this Agreement; and
(iv) the designated airline is qualified to meet other conditions prescribed under the laws and regulations normally applied to the operation of international air transport services by the State of Kuwait.
3. On receipt of the operating authorization of paragraph 2 of this Article, a designated airline may at any time begin to operate the agreed services for which it is so designated, provided that the airline complies with the applicable provisions of this Agreement.