711.5627/63: Telegram
The Secretary of State to the Minister in the Netherlands (Swenson)
28. Department’s 1496, January 9, 1933.6 Aviation arrangements in course of negotiation with other countries provide for exclusion of Philippine Islands, Hawaiian Islands and Panama Canal Zone from their operation. Ascertain from Netherland authorities whether they can withdraw arrangement from Parliament so as to amend Article 1. If so, you should propose that Clause A of Article 1 be amended as follows: transpose the words “including territory over sea and territorial waters” by placing them after the word “colonies” and insert the words “with the exception of the Philippine Islands, Hawaiian Islands and the Panama Canal Zone” after the word “jurisdiction”.
If, because of desire to limit number of Netherland possessions, Netherland authorities should definitely reject above proposal this Government would be willing to consider revision of Article 1 to read:
“For the purpose of the present arrangement the term ‘territory’ shall be understood to mean the United States of America, the Netherlands and likewise the following possessions, territories and colonies, including territorial waters, over which they respectively exercise jurisdiction:
- (a)
- Alaska, Puerto Rico, Virgin Islands of the United States and American Samoa.
- (b)
- [Here insert names of Netherland possessions.]7
The term ‘aircraft’ shall be understood to embrace private aircraft and commercial aircraft including state aircraft used exclusively for commercial purposes.”
If Netherland authorities insist upon second formula Department should be advised as to what Netherland possessions they desire to have named in sub-paragraph (b).
For your information and guidance. Should second formula be adopted this Government would be pleased if Netherland authorities could insert in sub-paragraph (b) names of the Netherland possessions of the Western Hemisphere, as well as any others they may be disposed to specify.
You should state that Aleutian Islands and Island of Guam would be considered among prohibited areas referred to in first paragraph of Article 4 of air navigation arrangement over which flights may not be made without authorization.
Ascertain also whether it would be agreeable to have new exchange of notes with Netherland Legation Washington including any revision of Article 1.