611.9194/12–2454: Telegram
The Secretary of State to the Embassy in India1
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799. Your 8632 and 864.3 Text of proposed confidential aidemémoire to be given in draft form to GOI appears below. Embassy [Page 1809] should state that U.S. willing to exchange subject to GOI withdrawal termination notice. Such exchange should take place immediately after conclusion January capacity consultation. FYI. Desire avoid any reference to January consultation in aide-mémoire. End FYI. Aide-mémoire should not be filed with ICAO or made available to others. As precedent Embassy may cite GOI procedural agreement with British which was not filed with ICAO. FYI. To minimize possible effect U.S. worldwide policy publicity this exchange should be avoided. End FYI.
“In view of the circumstances existing and understandings reached at the time the air transport agreement was negotiated between India and the United States and in view of the experience gained in eight years of airline operation, it is recognized that the adoption of the procedures set forth below will assist in clarifying certain provisions of the agreement.
Article VII(b) of Air Transport Agreement provides for schedule changes to be filed by the airlines of one country with the aeronautics authorities of the other country as long as practicable in advance of the date on which they are to become effective. Thirty days is recognized as being such a length of time.
If either government objects to a proposed increase in service by an airline of the other country, it may request an intergovernmental consultation of the type referred to in Articles IX and X of the agreement in order to examine the proposed increase in service in the light of the provisions of the agreement. Such request shall be made within fifteen days after the date of filing of the schedule increase, and consultation shall commence promptly.
The two governments shall decide in consultation on the appropriate disposition of the proposed increase in service. If the consultation is not concluded before the proposed effective date, the increase may go into effect as proposed. If agreement is not reached in consultation the government objecting to the increase may take action under Article IX.
In the case of objection to existing schedules, consultation may be requested at any time and shall take place within sixty days after receipt of the request.”
If GOI insists on language concerning regular consultation Embassy may suggest following for inclusion in aide-mémoire. “Regular consultation in accordance Article X (a) may take place annually if government desiring consultation makes request sixty days in advance of desired consultation date.”
In view Indian desire to avoid reference to ICAO re arbitration substitute language Article XI (Deptel 790)4 may be proposed as separate exchange of notes to comprise formal modification air transport agreement. This document would require formal filing with ICAO in which reference could be made to withdrawal notice of termination.