Page:United States Statutes at Large Volume 61 Part 3.djvu/519

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. of the contracting party whose air carrier or carriers is or are pro- Notice of dssatis- posing such rate, that rate is unfair or uneconomic. If one of the faction with proposed ru new rate. contracting parties on receipt of the notification referred to in paragraph 3 above is dissatisfied with the new rate proposed by the air carrier or carriers of the other contracting party, it shall so notify the other contracting party prior to the expiry of the first fifteen of the thirty days referred to, and the contracting parties shall endeavour to reach agreement on the appropriate rate. In the event that such agreement is reached each contracting party will ex- Provisional rate ercise its statutory powers to give effect to such agreement. If pendingsettlement of sispute. agreement has not been reached at the end of the'thirty day period referred to in paragraph 3 above, the proposed rate may, unless the aeronautical authorities of the country of the air carrier concerned see fit to suspend its operation, go into effect provisionally pending the settlement of any dispute in accordance with the procedure out- lined in paragraph 7 below. 6. Prior to the time when such power may be conferred by law upon the aeronautical authorities of the United States, if one of the contracting parties is dissatisfied with any new rate proposed by the air carrier or carriers of either contracting party for services from the territory of one contracting party to a point or points in the territory of the other contracting party, it shall so notify the other prior to the expiry of the first fifteen of the thirty day period referred to in paragraph 3 above, and the contracting parties shall endeavour to reach agreement on the appropriate rate. In the event that such agreement is reached each contracting party will use its best efforts to cause such agreed rate to be put into effect by its air carrier or carriers. It is recognized that if no such agreement can be reached prior to the expiry of such thirty days, the contract- ing party raising the objection to the rate may take such steps as it may consider necessary to prevent the inauguration or continua- tion of the service in question at the rate complained of. Advisory report. 7. When in any case under paragraphs 5 and 6 above the aero- nautical authorities of the two contracting parties cannot agree within a reasonable time upon the appropriate rate after consulta- tion initiated by the complaint of one contracting party concerning the proposed rate or an existing rate of the air carrier or carriers of the other contracting party, upon the request of either, both con- tracting parties shall submit the question to the Provisional Inter- national Civil Aviation Organization or to its successor for an advi- sory report, and each party will use its best efforts under the powers available to it to put into effect the opinion expressed in such report. Fixingotrates 8. The rates to be agreed in accordance with the above paragraphs shall be fixed at reasonable levels, due regard being paid to all rele- vant factors, such as cost of operation, reasonable profit and the rates charged by any other air carriers. 9. The Executive Branch of the Government of the United States agrees to use its best efforts to secure legislation empowering the 2806

�