The Ambassador in Mexico ( Daniels ) to the Secretary of State

No. 44

Sir: I have the honor to refer to the Department’s instruction number 956 of March 14, 193320 and to previous correspondence in regard to the procedure which should be followed by aviators who desire to make special or touring flights in American civil aircraft to countries which are parties to the Habana Convention on Commercial Aviation and to enclose herewith a copy and translation of a letter number 08022 of April 25, 193320 from Licenciado Manuel J. Sierra, Chief of the Diplomatic Bureau of the Foreign Office in which it is stated that Chapters 2, 4 and 5 of Book Four of the Law of General Lines of Communication of August 29, 1932 (published in the Diario Oficial No. 22, vol. LXXIV, of September 28, 1932) contain everything referring to the entrance of airplanes into the country, and also stating that all the crews and passengers, as well as the airplane itself, are subject to the prescriptions established by the laws of Customs, [Page 630] Migration and Transportation of Fruits, issued respectively by the Ministries of Finance, Gobernación and Agriculture.

While Licenciado Sierra does not state in this letter that Article 4 of the Habana Convention on Commercial Aviation is applicable, and that, therefore, it is not necessary for flights of private American aircraft to Mexico to obtain permission by applying direct to the Department of Communications in Mexico City, it is assumed that this is the case, since Article 418, Chapter II, Book Four, of the Law of General Lines of Communication states:

“Aircraft belonging to countries which have or which may make special aviation agreements with Mexico are excepted from the provisions of the preceding Articles, and shall be governed by the conventions now in force.”

However, in order that this point may be definitely cleared up, the Embassy is again addressing the Foreign Office requesting a definite decision on this point.

There is also transmitted herewith a translation of the Law of General Lines of Communication referred to above.22

Respectfully yours,

Josephus Daniels
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