Page:United States Statutes at Large Volume 61 Part 3.djvu/184

 2462 Determination of rates over segment of It is recognized that the determination of rates to be charged by an routeairline of one Contracting Party over a segment of the specified route, which segment lies between the territories of the other Contracting Party and a third country, is a complex question the overall solution of which cannot be sought through consultation between only the two Contracting Parties. Pending the acceptance by both Contracting Parties of any multilateral agreement or recommendations with re- spect to such rates, the rates to be charged by the designated airlines of the two Contracting Parties over the route segment involved shall be set in the first instance by agreement between such airlines operating over such route segment, subject to the approval of the aeronautical authorities of the two Contracting Parties. In case such designated airlines can not reach agreement or in case the aeronautical authorities of both Contracting Parties do not approve any rates set by such air- lines, the question shall become the subject of consultation between the aeronautical authorities of the two Contracting Parties. In consider- ing such rates the aeronautical authorities shall have regard particu- Agp.B. larly to subparagraph (C) of Section III of this Annex and to the desire of both Contracting Parties to foster and encourage the develop- Advisory report. Round-trip rates. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. to the rate may take such steps as it may consider necessary to prevent the inauguration or continuation of the service in question at the rate complained of. (H) When in any case under paragraphs (F) and (G) above the aeronautical authorities of the two Contracting Parties cannot agree within a reasonable time upon the appropriate rate after consultation initiated by the complaint of one Contracting Party concerning the proposed rate or an existing rate of the designated airline of the other Contracting Party, upon the request of either, both Contracting Parties shall submit the question to the Provisional International Civil Avia- tion Organization or its successor for an advisory report, and the executive authorities of each Contracting Party will use their best efforts under the powers available to them to put into effect the opinion expressed in such report. (I) The Executive Branch of the Government of the United States agrees to use its best efforts to secure legislation empowering the aeronautical authorities of the United States to fix fair and economic rates for the transport of persons and property by air on international services, and to suspend proposed rates in a manner comparable to that in which the Civil Aeronautics Board at present is empowered to act with respect to such rates for the transport of persons and property by air within the United States. (J) In this Annex references to rates between a point in the terri- tory of one Contracting Party and a point in the territory of the other Contracting Party shall be deemed to include round-trip rates for a journey from the territory of the first mentioned Contracting Party to the territory of the second mentioned Contracting Party and back to the territory of the first mentioned Contracting Party. SECTION V

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