Laws: Cases and Codes : U.S. Code : Title 49 : Section 40105


   
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.



Previous [Notes] Next

Related Resources

Department of Transportation Guide

Transportation Discussion

Ads by FindLaw