711.3927/2

The Minister in the Dominican Republic (Schoenfeld) to the Secretary of State

No. 971

Sir: I have the honor to refer to the Department’s instruction No. 150 of January 27, 1933, (without file number); to the Legation’s despatch No. 801 of February 10, 1933;7 and to the Department’s instruction No. 163 of March 4, 1933, (File No. 711.3927/1),7 in regard to the Department’s instruction to this Legation to endeavor to reach an understanding with the Dominican authorities to the effect that private aircraft of United States registry shall, under the general authorization contained in the Habana Convention on Commercial Aviation, be permitted to enter the Dominican Republic and that private aircraft of Dominican registry shall likewise be permitted to enter the United States, subject to compliance with laws and regulations in force in each country. The Department also instructed the Legation to obtain from the Dominican authorities a statement as to the requirements of the Dominican Government concerning the entry and clearance of aircraft, and to request that the appropriate Dominican authorities be informed of the procedure agreed upon.

I beg leave to enclose copies of the Legation’s notes No. 104 of February 10, 1933 and No. 113 of March 23, 1933,8 respectively, to the Dominican Minister of Foreign Affairs, and a copy with translation of the reply, to both those notes, note No. 272 of May 8, 1933, from the Acting Minister of Foreign Affairs.

Also enclosed are the following:9

Gaceta Oficial No. 4434 of January 30, 1932, containing Decree No. 297 of January 27, 1932, in regard to the creation of the Aviation branch of the Dominican Army. No translation of this decree is enclosed since it was repealed by Law No. 283 and since the provisions of that law are identical with the provisions of the decree.

Gaceta Oficial No. 4441 of February 24, 1932, containing Law No. 283 of February 13, 1932, in regard to the creation of the aviation [Page 613] branch of the Dominican Army and containing also Law No. 294 of February 13, 1932, in regard to flights within the Dominican Republic and the hours for arrival and departure at airports, with translations of these laws.

Gaceta Oficicd No. 4441 of February 24, 1932, containing Law No. 295 of February 13, 1932, in regard to entry and clearance of aircraft, with translation of this law.

Gaceta Oficial No. 4458 of April 20, 1932, containing Resolution 314 of the Dominican National Congress dated April 7, 1932, approving the Habana Convention on Commercial Aviation. No translation of this Resolution is enclosed since a translation of the Convention is given in the Report of the American Delegates to the Sixth International Conference of American States at Habana in 1928.

In response to specific inquiry, the Acting Minister of Foreign Affairs stated orally to Minister Schoenfeld on May 10, that his note of May 8, 1933, was intended to mean that private aircraft of United States registry would not have to obtain a permit through diplomatic channels in order to enter the Dominican Republic. He stated also to Minister Schoenfeld that Law No. 295 of February 13, 1932 is applicable to any private aircraft entering or clearing from the Dominican Republic.

While Law No. 295 of February 13, 1932 contains the Dominican requirements for the entry and clearance of private aircraft, it will be noted that Law No. 295 also contains requirements which should be complied with by aircraft flying over or entering this country. It is understood that there are no Dominican laws or regulations concerning aviation other than those enclosed in this despatch.

Respectfully yours,

For the Minister:
James E. Brown, Jr.

Secretary of Legation
[Enclosure—Translation]

The Dominican Secretary of State for Foreign Affairs (Logroño) to the American Minister (Schoenfeld)

No. 272

Mr. Minister: I have the honor to refer to your courteous notes dated February 10 last under the number 104, and March 23 last under the number 113.

I am pleased to inform Your Excellency that the Dominican Republic being, like the United States of America, a signatory of the Habana Convention on Commercial Aviation of February 15[20], 1928, my Government is disposed to fulfill all the obligations which the international instrument referred to places in its charge.

Consequently, and in accordance with what is established by Art. 4 of the Convention mentioned, my Government will grant, in times of [Page 614] peace, full liberty of entry into the Republic and of inoffensive passage through its aerial dominion to the private aircraft of the United States, provided that they submit themselves to the fulfillment of the technical requirements established by my Government for the entry and clearance of the same and to the laws and regulations in effect in the Republic.

I am pleased to enclose for the Minister a list of the laws and regulations on aviation now in effect in the Dominican Republic.

I take [etc.]

Arturo Logroño
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