tered into force May 8, 1974) providing for improved facilities and support for United States Customs and Immigration offices presently clearing United States-bound passengers at four Canadian departure points. The Agreement also provides for introduction of preclearance at seven other Canadian airports and thirteen U.S. airports at such time as traffic justifies it and adequate facilities are available.

Dept. of State Press Release, No. 177, May 8, 1974.

U.S.-Canada

Charter Agreements

The United States and Canada, on May 8, 1974, signed a Nonscheduled Air Service Agreement (TIAS 7826; 25 UST 787; entered into force May 8, 1974). The Agreement, for the first time, permits airlines of both countries to operate charter flights under a bilaterally agreed regime, rather than under the unilaterally controlled conditions that had theretofore prevailed.

Generally, airlines of either country are required to operate three charters originating in their own country for every four which originate in the other country. However, because certain United StatesCanada charter markets consist almost entirely of Canadians travelling to the United States, exceptions to the ratios are provided in certain instances, particularly for charter flights by U.S. airlines between Canada and Hawaii, California, Nevada, Arizona, Florida, Puerto Rico, and the U.S. Virgin Islands. Instead, the volume of such charter traffic by U.S. airlines will not exceed certain agreed percentages of the total volume of charter traffic moving in the markets indicated. These percentages will eventually reach 25 percent of the Hawaii and Florida markets and 40 percent of all the indicated markets combined. Dept. of State Press Release, No. 177, May 8, 1974, pp. 1–2. The full text of the Agreement is also at Id., pp. 12–47.

U.S.-Jordan

On September 21, 1974, the United States and Jordan signed a Nonscheduled Air Service Agreement (TIAS 7954; 25 UST 3011; entered into force September 21, 1974) providing a framework for charter operations between the two countries.

The Agreement permits the airlines of either country to operate specified charter services between the United States and Jordan, and in the case of U.S. airlines, between third countries and Jordan. Recognizing that most of the traffic will originate in the United States, the airlines are subject to an "uplift ratio" which provides that the airlines of either country are required to operate charter flight origi

nating in their own country for every flight they operate originating in the other country. However, given the fact that there is no scheduled air service between the two countries and that Jordan is willing to permit U.S. airlines to conduct services to or through its territory to third countries, the Agreement provides that the uplift ratio will not apply to the first 20 flights of a Jordanian airline in any year.

For the standard arbitration clause of the Agreement, see Ch. 13, § 2, infra, pp. 662-663. The charter agreements have standard clauses concerning designation of airlines, issuance of licenses, applicability of air navigation laws, safety standards and requirements, customs duty exemptions, tariffs, consultations, arbitration, and termination.

U.S.-United Kingdom

Excess Capacity

United States and United Kingdom aviation delegations met at Washington September 17-19, 1974, and reached agreement on the reduction of excess airline capacity between the two countries. The primary purpose of the agreement was to help restore profitable airline operations in the North Atlantic market by bringing scheduled services into line with the traffic demand, which was expected to decline by some 10-20 percent for the winter season November 1974 through April 1975.

In accordance with the objective agreed by the two governments, United States and British airlines providing scheduled services between the two countries agreed to capacity reductions for the winter season of 20 percent compared with the equivalent period of the prior year. This covers services between London and New York, Boston, Washington, Philadelphia, Detroit, Miami, Chicago, and Los Angeles. A joint United States-United Kingdom press statement on the agreement stated that consideration would subsequently be given "to appropriate measures to rationalize capacity" between the two countries for the 1975 summer season.

Dept. of State Bulletin, Vol. LXXI, No. 1843, Oct. 21, 1974, p. 551; Dept. of State Press Release, No. 369, Sept. 20, 1974.

U.S.-Switzerland

On December 23, 1974, the Department of State issued a statement welcoming the announcement by Trans World Airlines (TWA) that it had reached an agreement with Swissair for the reduction of airline capacity in the U.S.-Switzerland market for the summer 1975 season. The agreement, which was subject to approval by the Civil Aeronautics Board, will reduce the overall capacity in the U.S.Switzerland market by over 25 percent compared with the 1973 base year. The Swissair reduction will be larger since the agreement calls

for an expansion of TWA services in order to improve its position in the U.S.-Switzerland market.

The United States had earlier requested consultations with Switzerland concerning the problem of excess capacity. The Department statement noted that the U.S. Government was considering whether the agreement between the two airlines made intergovernmental talks unnecessary insofar as concerned the summer season of 1975.

Dept. of State Bulletin, Vol. LXXII, No. 1857, Jan. 27, 1975, p. 113; Dept. of State Press Release, No. 543, Dec. 23, 1974.

The Antihijacking Act of 1974 (P.L. 93-366; 88 Stat. 409; approved August 5, 1974) amends the Federal Aviation Act of 1958 to implement the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft (TIAS 7192; 22 UST 1641; entered into force for the United States October 14, 1971), and to provide a more effective program to prevent aircraft piracy. There are several important provisions from the standpoint of international law.

The Act extends the definition of the term "special aircraft jurisdiction of the United States." (See Ch. 6, § 4, supra, pp. 258-259.) The Act also expands the definition of the offense of "aircraft piracy" when committed within the special aircraft jurisdiction of the United States. Under the previous law, the offense included any seizure or exercise of control of an aircraft in flight by force or violence or threat of force or violence and with wrongful intent. The definition of the offense was expanded to include seizure or exercise of control of such an aircraft by "any other form of intimidation."

With respect to aircraft piracy outside the special aircraft jurisdiction of the United States, the Act amends section 902 of the 1958 Act by redesignating subsections (n) and (o) as subsections (o) and (p), respectively, and by inserting immediately after subsection (m) the following new subsection:

(n) (1) Whoever aboard an aircraft in flight outside the special aircraft jurisdiction of the United States commits "an offense," as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft, and is afterward found in the United States shall be punished

(A) by imprisonment for not less than 20 years; or

(B) if the death of another person results from the commission or attempted commission of the offense, by death or by imprisonment for life.

(2) A person commits "an offense," as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft when, while aboard an aircraft in flight, he

(A) unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act; or

(B) is an accomplice of a person who performs or attempts to perform any such act.

(3) This subsection shall only be applicable if the place of takeoff or the place of actual landing of the aircraft on board which the offense, as defined in paragraph (2) of this subsection, is committed is situated outside the territory of the State of registration of that aircraft.

(4) For purposes of this subsection an aircraft is considered to be in flight from the moment when all the external doors are closed following embarkation until the moment when one such door is opened for disembarkation, or in the case of a forced landing, until the competent authorities take over responsibility for the aircraft and for the persons and property aboard.

The Act also deals with attempts. A new paragraph (3) is added to section 902 (i) of the Federal Aviation Act of 1958 which provides: "An attempt to commit aircraft piracy shall be within the special aircraft jurisdiction of the United States even though the aircraft is not in flight at the time of such attempt if the aircraft would have been within the special aircraft jurisdiction of the United States had the offense of aircraft piracy been completed."

The Act provides for sanctions in a new section 1114 added to Title XI of the 1958 Act as follows:

Sec. 1114. (a) Whenever the President determines that a foreign nation is acting in a manner inconsistent with the Convention for the Suppression of Unlawful Seizure of Aircraft, or if he determines that a foreign national permits the use of territory under its jurisdiction as a base of operations or training or as a sanctuary for, or in any way arms, aids, or abets, any terrorist organization which knowingly uses the illegal seizure of aircraft or the threat thereof as an instrument of policy, he may, without notice or hearing and for as long as he determines necessary to assure the security of aircraft against unlawful seizure, suspend (1) the right of any air carrier or foreign air carrier to engage in foreign air transportation, and the right of any person to operate aircraft in foreign air commerce, to and from that foreign nation, and (2) the right of any foreign air carrier to engage in foreign air transportation, and the right of any foreign person to operate aircraft in foreign air commerce, between the United States and any foreign nation which maintains air service between itself and that foreign nation. Notwithstanding section 1102 of this Act, the President's authority to suspend rights under this section shall be deemed to be a condition. to any certificate of public convenience and necessity or foreign air carrier or foreign aircraft permit issued by the Civil Aeronautics

Board and any air carrier operating certificate or foreign air carrier operating specification issued by the Secretary of Transportation.

(b) It shall be unlawful for any air carrier or foreign air carrier to engage in foreign air transportation, or for any person to operate aircraft in foreign air commerce, in violation of the suspension of rights by the President under this section.

The "notwithstanding" clause was necessary because section 1102 of the 1958 Act requires the Secretary of Transportation and the Civil Aeronautics Board to exercise their powers and duties consistently with any treaty obligation of the United States and to take into consideration applicable laws of foreign countries in the exercise of such powers and duties. It also prohibits the Board, in exercising its authority with respect to certificates of convenience and necessity, from restricting compliance by any U.S. air carrier with any obligation, duty, or liability imposed by a foreign country.

The Act also contains provisions relating to security standards in foreign air transportation. A new section 1115 (b) of the 1958 Act provides:

(b) In any case where the Secretary of Transportation, after consultation with the competent aeronautical authorities of a foreign nation with which the United States has a bilateral air transport agreement and in accordance with the provisions of that agreement or, in the absence of such agreement, of a nation whose airline or airlines hold a foreign air carrier permit or permits issued pursuant to section 402 of this Act, finds that such nation does not effectively maintain and administer security measures relating to transportation of persons or property or mail in foreign air transportation that are equal to or above the minimum standards which are established pursuant to the Convention on International Civil Aviation, he shall notify that nation of such finding and the steps considered necessary to bring the security measures of that nation to standards at least equal to the minimum standards of such convention. In the event of failure of that nation to take such steps, the Secretary of Transportation, with the approval of the Secretary of State, may withhold, revoke, or impose conditions on the operating authority of the airline or airlines of that nation.

The Act provides that the penalty for the offense of aircraft piracy committed outside the special aircraft jurisdiction of the United States is imprisonment for not less than 20 years, except that if the death of another person results from the commission or attempted commission of the offense, the penalty could be death or life imprisonment. The penalty provisions of the 1958 Act are amended to make the penalty for aircraft piracy committed within the special aircraft jurisdiction of the United States identical with the penalty which may be imposed for such offense committed outside such jurisdiction. In either case, the imposition of the death penalty is subject to detailed procedural requirements set forth in the 1974 Act. See House Rept. No. 93-1194, 93d Cong., 2d Sess., July 12, 1974.