Us Code § 40105 - International negotiations, agreements, and obligations
Full text of Us Code United States Code § 40105 — International negotiations, agreements, and obligations, with citation guidance and answers to common questions.
§ 40105. International negotiations, agreements, and obligations
(a)
(b)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40105(a) | 49 App.:1462. | Aug. 23, 1958, Pub. L. 85–726, §802, 72 Stat. 783. |
| 49 App.:1551(b)(1)(B). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(B); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat 2444. | |
| 40105(b) | 49 App.:1502(a). | Aug. 23, 1958, Pub. L. 85–726, §1102(a), 72 Stat. 797; Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 42. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | ||
| 40105(c) | 49 App.:1502(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1102(c), (d); added Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 43. |
| 49 App.:1551(b)(1)(E). | ||
| 40105(d) | 49 App.:1502(d). |
In subsection (a), the words "government of a foreign country" are substituted for "foreign governments" in 49 App.:1462 and "foreign country" in 49 App.:1502(a) for consistency in the revised title and with other titles of the United States Code. The words "Secretary of Transportation" are substituted for "Department of Transportation" in 49 App.:1551(b)(1)(B) because of 49:102(b). The words "Secretary of State" are substituted for "Department of State" because of 22:2651.
In subsection (b)(1), before clause (A), the words "carrying out" are substituted for "exercising and performing . . . powers and duties" for consistency in the revised title and with other titles of the Code. In clause (A), the words "an international agreement" are substituted for "any treaty, convention, or agreement that may be in force between the United States and any foreign country or foreign countries" for consistency and to eliminate unnecessary words. In clause (C), the word "public" is added for consistency in this part.
In subsection (b)(2), the words "obligation, duty, or liability arising out of a contract or other" and "heretofore or hereafter" are omitted as surplus. The words "government of a foreign country" are substituted for "foreign country" for consistency in the revised title and with other titles of the Code. The last sentence is inserted to inform the reader that section 40106(b)(2) of the revised title qualifies this subsection.
In subsection (c), before clause (1), the words "To assist" are omitted as surplus. The words "carrying out" are substituted for "developing and implementing" for consistency in the revised title and with other titles of the Code. The word "both" is omitted as surplus. In clause (8), the word "authorities" is substituted for "agencies" for consistency in the revised title and with other titles of the Code.
Statutory Notes and Related Subsidiaries
Reciprocal Airworthiness Certification
Pub. L. 108–176, title VIII, §812, Dec. 12, 2003, 117 Stat. 2590, provided that:
"(a)
"(b)
Report on Certain Bilateral Negotiations
Pub. L. 103–305, title V, §519, Aug. 23, 1994, 108 Stat. 1600, provided that: "The Secretary shall report every other month to the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of all active aviation bilateral and multilateral negotiations and informal government-to-government consultations with United States aviation trade partners."
About This Section
49 U.S.C. § 40105 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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