We have agreed that because of their innovative nature, these fares, including the conditions attached to them, should be reviewed by our governments as soon as sufficient experience with them has been acquired. Further, in view of the experimental character of the fares and conditions, neither government will, with regard to similar low-fare filings for effectiveness during the 1978 summer traffic season, apply the provisions of the U.S.-U.K. Air Services Agreement to maintain in existence the fares and conditions now established if the other government has disapproved a similar new fare filing. Moreover, either government may take action to prevent the continuation of any or all of the said fares or conditions on or before their respective dates of expiration, provided that it notifies the other government six weeks in advance of its intent to take such action and agrees to consult with the other government if consultations are requested.

For further information concerning Skytrain service, see post, Ch. 8, § 5, p. 657.

For further information concerning Bermuda 1, see 9 Whiteman 448 et seq. U.S.-Lebanon

The United States and Lebanon entered into an Air Transport Services Agreement effective on October 13, 1977 (TIAS 8722), which modified the routes and frequencies of the Lebanese all-cargo airline, Trans Mediterranean Airlines, established a basis for both governments to consider resumption of passenger service interrupted by the destruction of Beirut Airport, and terminated a memorandum of consultation of June 13, 1972, "since circumstances had changed so greatly. . . ." The notes were exchanged by Richard B. Parker, Ambassador of the United States to Lebanon, and Fuad Boutros, Minister of Foreign Affairs for Lebanon.

Dept. of State File L/T.

U.S.-Spain

On October 17 and 20, 1977, and November 2 and 3, 1977, the United States and Spain exchanged notes amending the Air Transport Agreement signed on February 20, 1973 (TIAS 7725; 24 UST 2102; entered into force definitively on August 3, 1973). The October exchange of notes dealt with super-apex (super advanced purchase excursion) fares, while the November exchange was concerned with new nonaffinity/incentive group fares. Both exchanges indicated that these new fares are experimental in nature and will be in effect only for the winter 1977-1978 season, and both exchanges provided that either government has the right to suspend these low fares during the winter season upon giving notice to the other party six weeks in advance.

Dept. of State File L/T.

U.S.-Singapore

On October 18 and 31, 1977, Edward C. Ingraham, U.S. Chargé d'Affaires ad interim in Singapore, and Lee Khoon Choy, Acting Minister of Foreign Affairs for Singapore, exchanged notes agreeing

that an "attached Memorandum of Consultation [would] govern the conduct of each Government with respect to the scheduled and charter passenger, cargo and combination air services of the respective United States and Singapore Airlines . . . authorized to conduct operations between the two countries." Under the terms of the Agreement (TIAS 3721; entered into force October 31, 1977), the United States received rights to operate between Singapore and the United States and its territories via points in Japan, Korea, Hong Kong, Taiwan, the Philippines, Thailand, Malaysia, and Indonesia. Air service at Korea and Thailand was limited to cargo. Singapore received the rights to operate in both directions between Singapore and Guam, Honolulu, and San Francisco via Hong Kong.

The agreement also provided for charter service based on country of origin rules and nondiscrimination between airlines, confirmed the right of multiple designation, permitted U.S. airlines a choice in providing their own ground handling service in Singapore, and declared that both Governments will encourage the use of the lowest possible fares and rates which can be economically justified. The frequency of direct service between the two countries was unrestricted. However, flights carrying traffic from intermediate points were to begin at the level of three frequencies each week and increase to five frequencies each week by November of 1980.

Dept. of State File L/T.

U.S.-Belgium

On November 16, 1977, the United States and Belgium concluded in Brussels an exchange of diplomatic notes implementing an Agreement amending the Air Transport Services Agreement of April 5, 1946 (TIAS 1515), extending the Charter Services Memorandum of Understanding of October 17, 1972 (TIAS 2921), as amended and renewed (TIAS 7479; TIAS 8618), and relating to low-cost fares. The new agreements grant to Belgium traffic rights for its airline between Belgium and Atlanta, provide that the current U.S.-Belgium charter air services understanding will remain in force as long as the bilateral Air Services Agreement remains in force, establish an ad hoc agreement on super apex (super advanced purchase excursion) fares, and commit both signatories to encourage innovative low-fare scheduled and charter air services.

The agreements were concluded in an exchange of notes in Brussels signed on behalf of the United States by Ambassador Anne Cox Chambers and on behalf of Belgium by the Minister of Foreign Affairs, H. Simonet.

Dept. of State Press Release 528 (Nov. 23, 1977).

U.S.-Yugoslavia

On December 15, 1977, an air transport agreement between the United States and Yugoslavia entered into force provisionally. The Agreement, which supercedes provisional arrangements concerning scheduled air service between the United States and Yugoslavia effected by an exchange of notes on May 14, 1976 (TIAS 8305; 27 UST 2191; entered into force on May 14, 1976), was signed on behalf of the United States by Julius L. Katz, Assistant Secretary of State for Economic and Business Affairs, and on behalf of the Yugoslav Government by Ambassador Dimce Belovski.

Under the Agreement JAT, the Yugoslav airline, is permitted to operate scheduled service four times each week from Yugoslavia to New York via Frankfurt, Amsterdam, and Montreal. Airlines designated by the United States are entitled to operate unlimited services from the United States via intermediate points to Belgrade and Zagreb and beyond after April 1, 1978. In addition, the Agreement contains provisions permitting "[e]ach designated airline [to] have the right to establish and maintain representatives in the territory of the other Contracting Party for management, promotional, informational, and operational activities" and providing for arbitration procedures to resolve "[a]ny dispute with respect to matters covered by this agreement not satisfactorily adjusted through consultation.

Dept. of State File L/T.

Charter Services

U.S.-United Kingdom

On April 11, 1977, the United States and the United Kingdom entered into an Agreement (TIAS 8603) Renewing and Amending the Memorandum of Understanding of April 28, 1976 (TIAS 8303; 27 UST 2179) through an exchange of notes between Joel W. Biller, Deputy Assistant Secretary for Transportation in the U.S. Department of State, and George T. Rogers, Under Secretary, Department of Transportation, for the United Kingdom. The new Agreement, effective as of April 1, 1977, amends the 1976 Memorandum of Understanding by extending it until March 31, 1978, and by providing with some exceptions for the acceptance by one party of the passenger charter traffic organized and originating from the other party. The 1977 Agreement thus frees air charter organizers and airlines in both. countries from the requirement of organizing charters in accordance with the differing rules and regulations of the other country.

The United States sought the agreement primarily to assure the continued operation of charter flights under certain U.S. charter

worthiness categories known as the One-stop Inclusive Tour Charter and the Special Event Charter. There were no U.K. categories clearly equivalent to these U.S. categories, and there had been major differences in the conditions of U.S. and U.K. advance booking charters. Dept. of State File L/T.

U.S.-Belgium

In an exchange of letters between Anne Cox Chambers, U.S. Ambassador to Belgium, and J. Chabert, Belgium's Minister of Communications, signed on June 23 and 27, 1977, the United States and Belgium entered an Agreement (TIAS 8618) renewing and amending the Memorandum of Understanding of October 17, 1972 (TIAS 7479; 23 UST 2921), on the Regulation of Passenger Charter Air Services. The 1977 Agreement provides for the acceptance by one party of the passenger charter traffic originating in the territory of the other in accordance with the charter worthiness rules of the other party. This charter worthiness feature applies to both current and future charter rules though there is an exception by which Belgium reserves the right to require 30-day prelisting of passengers for affinity charters.

Dept. of State File L/T.

U.S.-Switzerland

In letters exchanged on July 14 and 27, 1977, between Dr. Werner Guldimann, Director of the Swiss Federal Air Office, and Nathaniel Davis, U.S. Ambassador to Switzerland, the United States and Switzerland entered into an Air Charter Services Agreement effective from July 27, 1977, until March 31, 1978, or later unless either party gives notice to terminate. The first key provision of the new Agreement (TIAS 8695) provides in part that "each country will accept as charter worthy air charter traffic which originates in the territory of the other and which is organized and operated pursuant to the rules of the other air transport authority, or according to waivers of such rules granted for exceptional reasons." The second provision of the Agreement. which provides that the "air transport authorities of the country where a passenger charter is originated have the prime responsibility for the enforcement of charter worthiness rules," has the two following exceptions:

Should the air transport authorities of the country of origin not require that a passenger list be filed with them at least 30 days before the initial flight date of each affinity charter group, the air transport authorities of the destination country may require such a filing for any series of affinity charter flights.

With respect to the substitution of not previously listed "advance charter" (ie. TGC/ABC) passengers on a series of flights, the air transport authorities of the receiving country reserve their right to impose conditions consistent with compulsory provisions of their national law.

TIAS 8695, p. 2.

The agreement incorporates an Annex listing the particular charter types authorized for traffic in Swiss air law, i.e., Advance Booking, Affinity, Inclusive Tour, Special Event, Student, Own Use, and Split Charters.

Dept. of State File L/T.

§3

Aircraft Crimes

Hijacking

On November 3, 1977, the U.N. General Assembly passed Resolution 32/8 condemning hijacking and urging the adoption of effective measures to combat such incidents. In support of this resolution, Representative Lester L. Wolff, U.S. Representative to the United Nations, made a statement stressing the importance of establishing stringent security measures at airports throughout the world and outlined the security measures the International Civil Aviation Organization (ICAO) might take to prevent hijacking.

Excerpts from Representative Wolff's statement follow:

... I would cite . . . the experience of the United States in its successful effort against hijacking domestically. In 1969, prior to the establishment of security measures designed to prevent incidents of this type, there were 40 attempts to hijack United States civilian aircraft, 33 of which were successful. In 1973, the first full year after stringent security procedures were made mandatory for all United States airports, the number of such incidents fell to just two. In 1976 as well there were only two incidents. Those figures, I believe, speak for themselves.

Looking at the current situation on a worldwide basis, we find that the number of hijacking incidents is once again on the rise and that lax security procedures at airports have been responsible for most of them. The figures are striking. Of the 28 airline hijackings thus far this year, as opposed to 16 during the whole of 1976, 20 can be attributed to failures in passenger screening procedures. Since 1973 there have been no hijackings in the United States which resulted from a failure to detect guns and other weapons during the screening process. I might point out that the United States has been and continues to be willing to share its experience in this area with other interested countries. For instance, the United States has offered to share its screening procedures, equipment and testing meas