711.6527/13

The Acting Secretary of State to the Italian Ambassador ( De Martino )

Excellency: I have the honor to acknowledge the receipt of your note of March 28, regarding the possibility of an agreement between [Page 528] the United States and Italy regarding the reciprocal recognition of pilots’ licenses by the two Governments, and note that the Italian Government is prepared to proceed at the same time to an agreement for a reciprocal recognition of air worthiness certificates issued to the aircraft of the two countries.

While this Government has not as yet become a party to the International Flying Convention of 1919,10 it fully appreciates the importance in the meantime of reaching agreements with the various nations of the world with a view to facilitating international aerial navigation with especial reference to commercial and privately owned aircraft. Since 1920 this Government has had an informal agreement on the subject with the Dominion of Canada which agreement is now under discussion between the two Governments with a view to revision to conform to present day conditions.11 The subject has also for some months past been under discussion with the British Government12 and this Government has suggested the desirability of effecting a general agreement providing for the reciprocal issuance of pilots’ licenses and the mutual recognition of air worthiness certificates by Great Britain and the United States, and has made a similar proposal to the Irish Free State.13 This Government has recently suggested to the British Government and to the Government of the Irish Free State the use of the proposed Canadian agreement as a model for this purpose and it takes the occasion offered by your note of March 28 to inquire whether your Government would be disposed to consider the adoption of a similar agreement between Italy and the United States which would extend to the United States and its possessions on the one hand and on the other to Italy and its possessions. For your convenience, I enclose a copy of the draft text of the agreement now being discussed with the Government of Canada14 which, as you will perceive, is based on the principle of recognition of the sovereignty of a state over the air space above its territory and upon reciprocity of treatment subject, of course, to restrictions designed to promote safety in aerial navigation and to make suitable provision for the requirements of national defense.

With regard to the three suggestions made in your note of March 28 regarding the number of pilots to be admitted, the length of the period for which their privileges would extend, and the designation of the licensing authority in Italy, it would appear that the conclusion of an agreement based on the Canadian model would obviate any necessity for specific reference in the agreement to the first point mentioned in your note. With regard to the second point I would [Page 529] say that it is my understanding that the Italian Government feels that the limitations imposed by the immigration laws of the United States upon the duration of the stay of Italian aviators in the United States make it appropriate for it to impose analogous restrictions upon the stay of American aviators in Italy. The Government of the United States fully appreciates this view and it is accordingly willing to accept your suggestion on this point. Regarding the third suggestion made in your note of March 28, it may be said that the United States will, of course, recognize the designation of the Italian Ministry for Aeronautics as the licensing authority in Italy and the agreement, if concluded, would contain appropriate references thereto in paragraphs 3, 4, 5 and 8 of the enclosed draft. However, in view of the circumstance that the proposed agreement is intended to apply only to commercial and privately owned aircraft, this Government would suggest that to avoid all possible ambiguity the term “licenses” be construed to refer only to civil licenses and that all reference to military licenses be eliminated.

It is understood, of course, that the agreement thus envisaged would not apply to military, naval, customs and police aircraft employed in the service of either state, which would continue to require special authorization to fly over or to land on the territory of the other state.

This Government is making similar proposals to other nations including France, Germany and Spain,15 and in the meantime ventures to express the hope that the Italian Government may be disposed to conclude an agreement in the form suggested above. In such an event, this Government suggests that it be made effective by means of an exchange of notes.

Accept [etc.]

J. Reuben Clark, Jr.