711.1227/30
The Acting Secretary of State to the Ambassador in Mexico (Daniels)
Sir: The Department has received your despatch No. 44 of May 12, 1933, in further relation to the desire of this Government to have it understood that in accordance with the clear intention of the Habana Convention on Commercial Aviation the private aircraft of a party to the Convention are entitled to enter territory of other parties to the Convention, subject to compliance with technical requirements as to entry and clearance and to the laws and regulations in force in such territory not inconsistent with the terms of the Convention, without the necessity of obtaining an authorization for the flight from the government of the country in which the flight is to be made.
The Department notes that the Embassy has received a communication from the Chief of the Diplomatic Bureau of the Foreign Office in which reference is made to provisions relating to aviation in the Law of General Lines of Communication of August 29, 1932, but that the Mexican Government has not replied to the specific inquiry as to whether it concurs in the interpretation concerning the right of entry under the Habana Convention given above, and that the Embassy has [Page 631] again addressed the Foreign Office requesting a definite decision on this point. The Embassy’s action in this matter is approved.
Operators of American registered aircraft desiring to make special or touring flights to countries which are parties to the Habana Convention on Commercial Aviation are at present subjected to delays and inconvenience because of being uncertain whether the Convention gives them a general right to enter these countries without seeking an authorization for the flight in each case or whether they should request the government of the country in which the flight is to be made to grant a specific authorization for the flight. Even in cases where operators of American registered aircraft have decided to request authorization for a flight they have, in a number of instances, been uncertain as to what procedure should be followed in obtaining action on the request for an authorization by the government of the country in which the flight is to be made.
This Department is not taking up through diplomatic channels the matter of obtaining authorization for such flights by American registered aircraft to countries which are parties to the Habana Convention on Commercial Aviation for the reason that it does not consider that such procedure is required under the Convention. As stated in the Department’s instruction No. 912 of January 27, 1933,23 Article 4 of the Habana Convention contemplates that each contracting state shall, in time of peace, accord freedom of innocent passage above its territory to the private aircraft of another contracting state. It has been the general practice to incorporate a similar provision in all multilateral or bilateral air navigation treaties or agreements. As also stated in the Department’s instruction of January 27 last, such a provision obviates the necessity of obtaining aircraft of a country which is a party to such treaty or agreement special authorization for flights to be made over the territory of another country also a party to the treaty or agreement.
In connection with the principle of the right of entry of aircraft under international treaties and agreements, attention is invited to the air navigation agreement which has been in force between the United States and Canada since 1929.24 This agreement has greatly facilitated flights by Canadian registered aircraft to the United States and United States registered aircraft to Canada. The agreement with Canada has rendered it possible for each country to permit the entrance of civil aircraft of the other country without the necessity of requiring that special authorization be obtained for each flight, and it has been possible at the same time to require proper observance of the pertinent laws and regulations governing the entrance of aircraft. [Page 632] A requirement by which operators of American aircraft would have to obtain special authorization in each case for flights to Canada and operators of Canadian aircraft would have to obtain a like authorization for flights to the United States would greatly hamper the development of international air navigation, the promotion of which is the main object of international air navigation treaties and agreements. Such a requirement would also impose a heavy burden upon the administrative authorities of the United States and Canada. The Habana Convention on Commercial Aviation was, like the air navigation agreement between the United States and Canada, intended to facilitate air navigation between the countries parties to the Convention.
The governments of two of the countries which are parties to the Habana Convention on Commercial Aviation have indicated to this Government that they concur in the interpretation of this Convention concerning the right of entry under the Convention given in instructions to the American diplomatic missions in these countries which were the same as the Department’s instruction No. 912 of January 27 last to the Embassy. The governments of other countries parties to the Convention, with which this matter was taken up, have not yet made definite replies.
Should you find it necessary to take up this question again with the Mexican Government, you may make use of the observations in the present instruction to such extent as you may consider advisable.
Very truly yours,
- Not printed.↩
- Foreign Relations, 1929, vol. ii, p. 111.↩