Page:United States Statutes at Large Volume 61 Part 3.djvu/775

 61 STAT.] SOUTH AFRICA-AIR TRANSPORT SERVICES-MAY 23, 1947 objection 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 air carrier or carriers of the other contracting party, upon the request of either, both contracting parties shall submit the question to arbitration in the manner prescribed in Article IX of the Agreement. (I) The Executive Branch of the Government of the United States agrees to use its best efforts to secure legislation empowering the aero- nautical 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. SECTION VI. It is recognized that the determination of tariffs to be applied by an air carrier 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 between only two countries. It is noted, furthermore, that the method of determining such tariffs is now being studied by ICAO. It is understood under these circumstances- (A) that, pending the acceptance by both parties of any recom- mendations which ICAO may make after its study of this matter, such tariffs shall be subject to consideration under the provisions of Section IV (C) of the annex to the agreement. (B) that in case ICAO fails to establish a means of determining such rates satisfactory to both contracting parties, the con- sultation provided for in Article XI (B) of the agreement shall be in order. SECTION VII. Changes made by either contracting party in the routes described in the schedules attached except those which change the points served by airlines of one contracting party in the territory of the other contracting party shall not be considered as modifications of the annex. The aeronautical authorities of either contracting party may therefore proceed unilaterally to make such changes, provided, however, that notice of any change is given without delay to the aeronautical authorities of the other contracting party. If such other aeronautical authorities find that, having regard to the principles set forth in Section IV of the present annex, interests of their air carrier or carriers are prejudiced by the carriage by the air carrier or carriers of the first contracting party of traffic between the territory of the second contracting party and the new point in 3065 Arbitration. Ante, p. 3060. Determination of tariffs. Ate, p. 3061. Changes in routes. Notice. Consultation. Ante, p. 3062.

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