Page:United States Statutes at Large Volume 62 Part 3.djvu/1149

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INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. Limitation. With reference thereto, the Government of the United States of 49 U.t. . § 171, America has called attention to its Air Commerce Act of 1926 as 174-at177 784 amended by its Civil Aeronautics Act of 1938 which precludes the 49U.S.C.if401- 61; Supp. i, chs.9 . carriage by foreign aircraft of traffic between the Canal Zone and 62 Stat. , Pt1 pp. 470, 493t, 09, tl26 points in the United States and the authorization of Chilean airlines hereby expressed is accordingly subject to the limitation established by the above referred to legislation. routan est Coast 2. Although the Chilean routes to the United States as described in Ante, . 376. Annex B of the Agreement do not include a route to San Francisco, California, and beyond, as desired by the government of Chile, since it is not believed that such a route is presently justified economically, it is understood that Chile has a predominant interest in the Pacific and that, in view of this consideration, and when surrounding circum- stances concerning possible future routes have sufficiently developed, each government contemplates requesting the other government for consultation (pursuant to the Agreement) regarding a modification of Annex B to include the desired West Coast routes, as well as other routes if traffic potentialities justify their consideration. si on o ser- 3. In connection with the provisions of paragraph I of Annex A, it is Ante, p. 3760. understood that each contracting party will notify the other contract- ing party, as soon as practicable, whenever it receives notice of intent of one of its designated airlines to suspend service to a point or between points in the territory of the other contracting party, in order that the latter contracting party may have the opportunity to request con- sultation with respect to the proposed suspension if it considers that such proposed suspension may be prejudicial to its interests, provided that nothing herein stated shall prejudice the right of the contracting party operating the service concerned to suspend service within 30 days after notice of intention to suspend has been given to the other contracting party. 4. It is understood that the Government of Chile interprets the local Ante,p.37. and regional services referred to in paragraph E 3 of Annex A to mean those services which unite two or more points between neighboring and contiguous countries. The Government of the United States, although it recognizes the possibility that this definition may prove to be the correct one, is not in a position to express its agreement with it at the present time. Customs airports. 5. It is understood that the Government of Chile, if it elects to desig- nate entry and exit customs airports, as provided for in paragraph G Ante,p. 3759. of Annex A, will designate these airports in such a manner as to permit Ant, p. 3761 . the United States routes described in Annex B, and any other United States routes which may later be approved by the Government of Chile, to be operated without operational disadvantage to the United States airline or airlines designated to fly such routes. For example, on a service entering Chile at Arica and proceeding to points in Bolivia and beyond, the customs airport which Chile would designate for original entry would be Arica and the same airport would be designated as the customs airport of departure; on a service entering Chile at Antofagasta and proceeding to points in Argentina and beyond, the customs airport for both entry and departure would be Antofagasta: 3770