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U.S. Code as of:
01/19/04
Section 40105. International negotiations, agreements, and obligations
(a) Advice and Consultation. - The Secretary of State shall
advise the Administrator of the Federal Aviation Administration and
the Secretaries of Transportation and Commerce, and consult with
them as appropriate, about negotiations for an agreement with a
government of a foreign country to establish or develop air
navigation, including air routes and services. The Secretary of
Transportation shall consult with the Secretary of State in
carrying out this part to the extent this part is related to
foreign air transportation.
(b) Actions of Secretary and Administrator. - (1) In carrying out
this part, the Secretary of Transportation and the Administrator -
(A) shall act consistently with obligations of the United
States Government under an international agreement;
(B) shall consider applicable laws and requirements of a
foreign country; and
(C) may not limit compliance by an air carrier with obligations
or liabilities imposed by the government of a foreign country
when the Secretary takes any action related to a certificate of
public convenience and necessity issued under chapter 411 of this
title.
(2) This subsection does not apply to an agreement between an air
carrier or an officer or representative of an air carrier and the
government of a foreign country, if the Secretary of Transportation
disapproves the agreement because it is not in the public interest.
Section 40106(b)(2) of this title applies to this subsection.
(c) Consultation on International Air Transportation Policy. - In
carrying out section 40101(e) of this title, the Secretaries of
State and Transportation, to the maximum extent practicable, shall
consult on broad policy goals and individual negotiations with -
(1) the Secretaries of Commerce and Defense;
(2) airport operators;
(3) scheduled air carriers;
(4) charter air carriers;
(5) airline labor;
(6) consumer interest groups;
(7) travel agents and tour organizers; and
(8) other groups, institutions, and governmental authorities
affected by international aviation policy.
(d) Congressional Observers at International Aviation
Negotiations. - The President shall grant to at least one
representative of each House of Congress the privilege of attending
international aviation negotiations as an observer if the privilege
is requested in advance in writing.
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