711.4127/16
The Secretary of State to the British Ambassador (Howard)
Excellency: I have the honor to refer to Mr. Chilton’s note of October 10 [September 19]5 and previous correspondence regarding the possibility of the issuance of licenses to air pilots in the United States and in Great Britain and Northern Ireland upon a reciprocal basis and I would likewise advert to the question raised in that correspondence of a similar reciprocal recognition of the air worthiness certificates issued by the two Governments.
In Mr. Chilton’s note of May 7 and in your note of July 17, it was observed that no nationality qualification exists so far as the issuance of British pilot licenses is concerned and that citizens of the United States are therefore on an equal footing with British subjects in this matter, and the suggestion was made that the position of the two Governments on this point be regularized by an official exchange of correspondence. However, in response to the suggestion which had been put forward in the Department’s note of June 14 that a similar and simultaneous agreement be adopted in respect of recognition of the air worthiness certificates by the two Governments, the reply was made in your note of July 17 that this latter question appeared to be of a distinctly different character from that of the issuance of pilot licenses and one which should be dealt with separately.
[Page 522]It is the understanding of the Department that it is the desire of your Government to effect at this time merely an agreement regarding the issuance of pilots licenses in the United States and in Great Britain and Northern Ireland, leaving the question of the air worthiness certificates to future negotiations, and that your Government considers that the privileges now extended to American pilots in Great Britain and Northern Ireland fulfill the condition of reciprocity referred to in the Air Commerce Act of 19266 and in Section 64 of the U. S. Air Commerce Regulations. However I must state that even if this Government were willing to discuss the question of pilot licenses and air worthiness certificates separately, it would still be unable to consider that the requirement of reciprocity contemplated in the Act had been met as regards the issuance of pilot licenses, unless it should be represented that equivalent privileges are likewise extended to American pilots in the British Dominions (excepting the Irish Free State and Canada, with whom the United States maintains direct diplomatic relations) and in the British oversea possessions. Accordingly, in the absence of such assurances, the aviation authorities of this Government, acting with the discretionary power provided by the Air Commerce Act of 1926, feel constrained to decline to issue pilot licenses to British subjects at the present time.
As to the question of the reciprocal recognition of the air worthiness certificates of the two Governments, this Government is unable to perceive the necessity for carrying on separate negotiations inasmuch as the issuance of pilot licenses and of air worthiness certificates are closely related and are subject to the control in each country of the same governmental authority, and as the identical principle of reciprocity is involved.
I would therefore suggest that it would be opportune to effect an agreement which shall include both the question of pilot licenses and that of air worthiness certificates, and which shall extend to the United States and its possessions on the one hand, and on the other to Great Britain and Northern Ireland, the British Dominions (excepting the Irish Free State and Canada) and to the British oversea possessions and I am advised that informal conversations on this matter are already under way. I trust that you will bring the foregoing to the attention of your Government and that the negotiations may be expedited in order that the present restrictions upon American pilots and aircraft in British territory and upon British pilots and aircraft in American territory may be removed.
Accept [etc.]