Page:United States Statutes at Large Volume 61 Part 3.djvu/300

 2583 61 STAT.] INDIA-AIR TRANSPORT SERVICES-NOV. 14, 1946 The Secretary to the Government of India to the American Charge dPAffaires GOVERNMENT OF INDIA. DEPARTMENT OF COMMUNICATIONS. NEW DELHI, the 14th November 1946. From SIR HAROLD SHOOBERT, C.I .E ., E.D., I.C .S., Secretary to the Government of India, To The Charge d'Affaires of the United States of America, New Delhi. SIR, I am directed to refer to the Agreement between the Government of India and the Government of the United States of America relat- ing to air services which has been signed on behalf of both Govern- ments today, and to say, with regard to two matters which have been discussed, that the understanding of the Government of India is as follows: 1. Ratification of the Convention on International Civil Aviation. The Government of the United States of America and the Govern- ment of India, having both ratified the Convention on International Civil Aviation signed at Chicago on the seventh day of December 1944, it is understood to be the intention of both Governments to deposit their instruments of ratification of the Convention on or be- fore the 1st day of March 1947. In the event that either Government should fail to complete the necessary steps whereby they will become bound by the provisions of the Convention when it enters into force, it is agreed that the two Governments will consult together and will enter into a supplementary agreement giving effect to the following articles of the Convention namely Articles 11, 13, 15, 32 and 33 and such other articles as may be mutually agreed to be applicable and necessary. 2. Regulation of rates for Fifth Freedom Traffic. It is recognised that the determination of rates to be applied by an air line of one Contracting Party between the territory of the other Contracting Party and a third country is a complex question, the overall solution of which cannot be sought through consultation be- tween only two countries. It is noted, furthermore, that the method of determining such rates is now being studied by the Provisional International Civil Aviation Organisation. It is understood under these circumstances: (1) That, pending the acceptance by both Parties of any recom- mendations which the Provisional International Civil Aviation Or- ganization may make after its study of this matter, such rates shall be fixed on the basis of the principles set out in Paragraph (A) of Article VI of the Agreement and after taking into consideration the interests

�