Page:United States Statutes at Large Volume 63 Part 3.djvu/252

 2556 Filing of proposed rate. IATA. Prevention of un- fair or uneconomic rates. Notice of dissatisfac- tion with proposed rate. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [63 STAT. be subject to the approval of the aeronautical authorities of the con- tracting parties, who shall act in accordance with their obligations under the present Annex, within the limits of their legal powers. (C) Any rate proposed by the airline or airlines of either contract- ing party shall be filed with the aeronautical authorities of both con- tracting parties at least thirty (30) days before the proposed date of introduction; provided that this period of thirty (30) days may be reduced in particular cases if so agreed by the aeronautical authorities of both contracting parties. (D) The Civil Aeronautics Board of the United States having ap- proved the traffic conference machinery of the International Air Trans- port Association (hereinafter called IATA) for a period ending Feb- ruary 28, 1950, any rate agreements concluded through this machinery during this period and involving United States airlines will be sub- ject to approval of the Board. Rate agreements concluded through this machinery may also be required to be subject to the approval of the aeronautical authorities of Finland pursuant to the principles enunciated in paragraph (B) above. (E) The contracting parties agree that the procedure described in paragraphs (F), (G) and (H) of this Section shall apply. 1. If during the period of the Civil Aeronautics Board's approval of the IATA traffic conference machinery, either any specific rate agreement is not approved within a reasonable time by either con- tracting party or a conference of IATA is unable to agree on a rate, or 2. At any time no IATA machinery is applicable or 3. If either contracting party at any time withdraws or fails to re- new its approval of that part of the IATA traffic conference machinery relevant to this Section. (F) In the event that power is conferred by law upon 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 of United States airlines 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 trans- port of persons and property by air within the United States, each of the contracting parties shall thereafter exercise its authority in such manner as to prevent any rate or rates proposed by one of its airlines for services from the territory of one contracting party to a point or points in the territory of the other contracting party from becoming effective, if in the judgment of the aeronautical authorities of the contracting party whose airline or airlines is or are proposing such rate, that rate is unfair or uneconomic. If one of the contract- ing parties on receipt of the notification referred to in paragraph (C) above is dissatisfied with the rate proposed by the airline or air- lines of the other contracting party, it shall so notify the other con- tracting party prior to the expiry of the first fifteen of the thirty (30) days referred to, and the contracting parties shall endeavor to reach agreement on the appropriate rate.

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