receipt of such notice by the Contracting Party, unless such notice is, by mutual assent of both Contracting Parties, withdrawn. In the absence of acknowledgment by the other Contracting Party specifying an earlier date of receipt, notice shall be deemed to have been received 14 days after the receipt of the notice by the International Civil Aviation Organization. ARTICLE XII This Agreement, including the provisions of the Annex thereto, shall, subject to the provisions for termination of the Agreement contained in Article XI above, remain in force from its effective date until such time as it is replaced by a permanent air transport agreement which may be negotiated between the Contracting Parties subsequent to the entry into force of a treaty between the Allied Powers and Austria. In witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Agreement in duplicate, in the English and German languages, each of which shall be of equal authenticity. For the Government of the United States of America: Envoy Extraordinary and Minister Plenipotentiary For the Austrian Federal Government: Dr. Karl Gruber, Federal Minister for Foreign Affairs [SEAL] VIENNA, AUSTRIA ANNEX OF INTERIM AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE AUSTRIAN FEDERAL GOVERNMENT SECTION I It is agreed between the Contracting Parties: A. That the designated airlines of the two Contracting Parties operating on the routes described in this Annex shall enjoy fair and equal opportunity for the operation of the said routes. B. That the air transport capacity offered by the designated airlines of both countries shall bear a close relationship to traffic requirements. C. That in the operation of common sections of trunk routes, described in the present Annex, the designated airlines of the Contracting Parties shall take into account their reciprocal interests so as not to affect unduly their respective services. D. That the services provided by a designated airline under this Agreement and its Annex shall retain as their primary objective the provision of capacity adequate to the traffic demands between the country of which such airline is a national and the country of ultimate destination of the traffic. E. That the right to embark and to disembark at points in the territory of the other country international traffic destined for or coming from third countries at a point or points specified in this Annex, shall be applied in accordance with the general principles of orderly development to which both Governments subscribe and shall be subject to the general principle that capacity shall be related: 1. To traffic requirements between the country of origin and the countries of destination; 2. To the requirements of through airline operation; and 3. To the traffic requirements of the area through which the designated airline passes after taking account of local and regional services. F. That the appropriate aeronautical authorities of each of the Contracting Parties will consult from time to time, or at the request of one of the Parties, to determine the extent to which the principles set forth in paragraphs A to E inclusive of this section are being followed by the airlines designated by the Contracting Parties. When these authorities agree on further measures necessary to give these principles practical application, the executive authorities of each of the Contracting Parties will use their best efforts under the powers available to them to put such measures into effect. SECTION II A. Airlines of the United States of America authorized under the present Agreement are accorded rights of transit and non-traffic stop in Austrian territory, as well as the right to pick up and discharge international traffic in passengers, cargo and mail at Vienna (or such additional Austrian customs airports as may be agreed upon) on the following route in both directions: The United States, via intermediate points, to Austria and beyond. On the above intercontinental route the airline or airlines designated to operate such route may operate non-stop flights between any of the points on such intercontinental route omitting stops at one or more of the other points on such route. B. Airlines of the Republic of Austria authorized under the present Agreement are accorded rights of transit and non-traffic stop in the United States territory, as well as the right to pick up and discharge international traffic in passengers, cargo and mail at a point in the United States on a route to be agreed upon between the Contracting Parties at a later date. On the above intercontinental route the airline or airlines designated to operate such route may operate non-stop flights between any of the points on such intercontinental route omitting stops at one or more of the other points on such route. ASSISTANCE TO THE PEOPLE OF AUSTRIA Agreement signed at Vienna January 2, 1948, with annex Entered into force January 2, 1948 62 Stat. 1829; Treaties and Other International Acts Series 1692 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF AUSTRIA "The Government of the United States of America and the Government of Austria, "Considering the desire of the people of the United States of America to provide immediate assistance to the people of Austria, and "Considering that the enactment of the Foreign Aid Act of 1947 1 by the United States of America (hereinafter referred to as the Act) provides the basis for such assistance to the people of Austria, have agreed as follows: ARTICLE I 1. The Government of the United States of America will, subject to the provisions of the Act and of appropriation acts thereunder and of this Agreement, aid the people of Austria by making available such commodities (including storage, transportation, and shipping services related thereto) or by providing for the procurement thereof through credits under the control of the Government of the United States of America, to the Government of Austria or to any person, agency, or organization designated to act on behalf of the Government of Austria as may from time to time be requested by the Government of Austria and authorized by the Act and by the Government of the United States of America. This Agreement, however, implies no present or future obligation upon the Government of the United States of America to give assistance to the people of Austria, nor does it imply or guarantee the availability of any specific commodities or categories of commodities, nor shall it imply the payment by the Government of the United States of America for any storage, transportation, handling or shipping services within Austria. 161 Stat. 934. 2. All commodities made available pursuant to this Agreement will be procured in the United States of America unless permitted to be procured elsewhere under the provisions of Section 4 of the Act and unless otherwise expressly agreed between the two Governments. 3. The Government of the United States of America retains the right of possession of any commodities made available pursuant to this Agreement, until, in the opinion of the United States High Commissioner for Austria or other designated official of the Government of the United States of America, such commodities should be released for distribution. ARTICLE II 1. The Government of Austria, having been fully informed as to the provisions of the Act hereby affirms that it accepts and will perform the undertakings specified in Section 5 thereof, as well as those provided for in Section 7 of the Act insofar as action by it may be required for implementation of such latter Section. 2. The undertaking of the Government of Austria pursuant to paragraph 1 of this Article, to permit duly authorized representatives of the Government of the United States of America, including Congressional committees, to observe, advise and report on the distribution among the people of Austria of the commodities made available pursuant to this Agreement, and also to permit representatives of the press and radio of the United States of America to observe and report on the distribution and utilization of the commodities made available pursuant to this Agreement and on the utilization of the special account provided for in the Annex to this Agreement, shall not be applicable so long as the Government of the United States of America determines that commodities made available to the Government of Austria pursuant to this Agreement will be distributed under control systems embodied in the agreements between the United States High Commissioner for Austria and the other occupying authorities or the Government of Austria which assure compliance with the objectives of the occupation and with the purposes of the Act. ARTICLE III 1. The Government of the United States of America, pursuant to the requirements of Section 6 of the Act, reserves the right at any time to terminate its aid provided for under Article I, paragraph 1, of this Agreement. 2. This Agreement, together with the Annex attached thereto, shall take effect to the date of its signature and shall apply to all commodities made available to the Government of Austria under the Act. It shall remain in effect until December 31, 1948, or such earlier date as may be agreed by the two Governments. |