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Memorandum of Agreement between the Government of Fiji and the Government of the United States of America amending the Air Transport Agreement of October 1 1979 [1985] PITSE 7 (25 October 1985)

MEMORANDUM OF AGREEMENT BETWEEN THE GOVERNMENT OF FIJI AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA AMENDING THE AIR TRANSPORT AGREEMENT OF OCTOBER 1 1979 *

(Washington October 25, 1985)

ENTRY INTO FORCE: OCTOBER 25, 1985

Having regard to the aviation consultations in Washington on June 20 and 21, 1985, between delegations representing the Governments of the United States of America and Fiji, the Governments of the United States of America and Fiji agree to amend the Air Transport Agreement signed at Suva on October 1, 1979.

The Governments agree to revise the existing ARTICLE 10, FAIR COMPETITION to read:

"ARTICLE 10 A FAIR COMPETITION

A) Each Party shall allow a fair and equal opportunity for the designated airlines of both Parties to compete in the international air transportation covered by this Agreement.

B) Each Party shall take all appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting [*2]  the competitive position of the airlines of the other Party."

The Governments agree to add a new ARTICLE 10 B that reads:

"ARTICLE 10 B - CAPACITY

Neither Party shall unilaterally limit the volume of traffic, frequency or regularity of service, or the aircraft type or types operated by the designated airlines of the other Party, except as may be required for customs, technical, operational or environmental reasons under uniform conditions consistent with Article 15 of the Convention."

The delegations agreed that, effective July 1, 1986, the AIR ROUTE SCHEDULE, paragraph A.1.a., would be amended to read: "a) from Fiji to Honolulu and beyond to Portland, Oakland, Seattle, Denver or Los Angeles* and beyond to Vancouver, British Columbia, Canada.

*Only one U.S. mainland point may be selected."

DONE in Duplicate in the English language, this 25th day of October, 1985.

* (Air Transport Agreement Between the Government of the United States of America and the Government of Fiji 1 October 1979)