810.79611 Pan American Airways, Inc./166

The High Commissioner in Haiti (Russell) to the Secretary of State

No. 1324

Sir: I have the honor to report that the officials of the Pan-American Airways, Inc., have recently been in Haiti and have taken up with me the question of obtaining a concession or contract with the Haitian government. There is attached hereto a copy of the contract first proposed by the Pan-American Airways, Inc. There is also attached a memorandum giving the views of the treaty officials on the proposed contract.75

The Pan-American Airways, Inc., is in agreement except as to article 8, and it proposed a new article 8, copy attached.

A few days ago President Borno spoke to me on this subject and said that he believed that the Haitian government should assist this new industry in Haiti which he thought would be of material benefit to the country, and that, as a consequence, he was prepared to heartily endorse article 8 submitted by the company allowing exemption from taxes and payment of import duties on gasoline, oils, special tools, and spare parts. The representative of the Pan-American Airways, Inc., at Port au Prince informs me that other governments have already agreed to a clause similar to the proposed article 8, and while from a financial point of view the question is one of small moment, from a political point of view the rejection of this clause by Haiti would be serious, in as much as other countries have readily agreed to it and would be unable to understand how Haiti was to be excepted.

Dr. Millspaugh, the Financial Adviser-General Receiver is strongly opposed to the inclusion of this clause in the contract. I feel that in view of the fact that the work is pioneer work, that it will unquestionably be a decided benefit to Haiti and form one of those ties that I am trying to develop which will bind Haiti to the United States commercially in such manner as to assure the future stability of this country, that it would be perfectly proper to permit the [Page 794] desired exemption, particularly in view of the fact that President Borno, representing Haiti, is strongly in favor of it.

The representative of the Pan-American Airways, Inc., has just presented a new article, copy attached, which he desires incorporated in the proposed contract as article 16. This article is now being studied. At first glance I am not in particular sympathy with it, and do not believe that there would be much difficulty in having it eliminated, particularly if article 8, as proposed by the company was included in the contract.

It is requested that the Department inform me by telegraph its views regarding article 8 proposed by the company, in order that the representative of the Pan-American Airways, Inc., may take up this question with the Haitian government to the end that the contract may be consummated at an early date.

I have [etc.]

John H. Russell
[Enclosure 1—Extract]

Proposed Contract Between the Republic of Haiti and the Pan American Airways, Inc.

Eighth

In view of the fact that the Company asks no subsidy or subvention of any kind from the Government, and because of the value of the services the Company will render, the Government agrees that the Company shall be free from all taxes, federal and municipal, and that the present import and export duties on airships, gasoline, oils, and material and supplies of every kind used in the establishment or operation of its business shall not be increased. The Company shall have free use of the internal mails, telegraph, telephone, and radio systems, but only for matters relating to the Company’s own business.

[Enclosure 2]

Draft Article 8 Proposed by the Pan American Airways, Inc.

Article 8. In consideration of the value to the Haitian Government of the services of the Company (Pan American Airways, Inc.,) will render, and to assist the Company in initiating and maintaining the most efficient service, the Haitian Government agrees that, for a period of Ten Years, the Company shall be exempted from all taxes, federal and municipal, and from the payment of all import duties on airplane Gasoline, Oils and Special Tools and Spare Parts to be used exclusively in the establishment and operation of its business.

[Page 795]
[Enclosure 3]

Draft Article 16 Proposed by the Pan American Airways, Inc.

The Company agrees that it will carry under a scale of tariffs to be fixed by agreement between the Government and the Company, all Haitian air mail to Porto Rico, Santo Domingo, Cuba and the United States. The Government agrees that it will not deliver to any other person or company any Haitian air mail to the foregoing countries so long as the total amount of air mail does not exceed twenty-five percent. (25%) of the total first-class mail from Haiti to those countries. The Company shall have the right to arrange a revision of the air mail tariffs when improvements in the service or increase in the volume of the air mail make the revision of such tariffs advisable.

  1. Not printed.