Page:United States Statutes at Large Volume 108 Part 2.djvu/422

 108 STAT. 1138 PUBLIC LAW 103-272—JULY 5, 1994 transportation. The Secretary by regulation may increase the 50 percent specified in this paragraph. (3) Paragraph (2) of this subsection does not apply to a proposed fare that is not more than— (A) 5 percent higher than the standard foreign fare level when the Secretary decides that the proposed fare may be unreasonably discriminatory or that suspension of the fare is in the public interest because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an air carrier; or (B) 50 percent lower than the standard foreign fare level when the Secretary decides that the proposed fare may be predatory or discriminatory or that suspension of the fare is required because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an air carrier. (f) SUBMISSION OF ORDERS TO PRESIDENT.— The Secretary shall submit to the President an order made under this section suspending, canceling, or rejecting a price for foreign air transportation, and an order rescinding the effectiveness of such an order, before publishing the order. Not later than 10 days after its submission, the President may disapprove the order on finding disapproval is necessary for United States foreign policy or national defense reasons. (g) COMPLIANCE AS CONDITION OF CERTIFICATE OR PERMIT.— This section and compliance with an order of the Secretary under this section are conditions to any certificate or permit held by an air carrier or foreign air carrier. An air carrier or foreign air carrier may provide foreign air transportation only as long as the carrier maintains prices for that transportation that comply with this section and orders of the Secretary under this section. §41510. Required adherence to foreign air transportation tariffs (a) PROHIBITED ACTIONS BY AIR CARRIERS, FOREIGN AIR CAR- RIERS, AND TICKET AGENTS.— An air carrier, foreign air carrier, or ticket agent may not— (1) charge or receive compensation for foreign air transportation that is different from the price specified in the tariff of the carrier that is in effect for that transportation; (2) refund or remit any part of the price specified in the tariff; or (3) extend to any person a privilege or facility, related to a matter required by the Secretary of Transportation to be specified in a tariff for foreign air transportation, except as specified in the tariff. (b) PROHIBITED ACTIONS BY ANY PERSON.— A person may not knowingly— (1) pay compensation for foreign air transportation of property that is different from the price specified in the tariff in effect for that transportation; or (2) solicit, accept, or receive— (A) a refund or remittance of any part of the price specified in the tariff; or (B) a privilege or facility, related to a matter required by the Secretary to be specified in a tariff for foreign

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