(a) Foreign air carriers shall prohibit smoking on all scheduled passenger flight segments:
(1) Between points in the United States, and
(2) Between the U.S. and any foreign point.
(b) A foreign government objecting to the application of paragraph (a) of this section on the basis that paragraph (a) provides for extraterritorial application of the laws of the United States may request and obtain a waiver of paragraph (a) from the Assistant Secretary of Transportation for Transportation Policy, provided that an alternative smoking prohibition resulting from bilateral negotiations is in effect.