711.1227/39
The Secretary of State to the Ambassador in Mexico (Daniels)
The receipt is acknowledged of your despatch No. 737 of October 27, 1933,25 in which you report that the Mexican authorities are still giving consideration to the request of this Government for an interpretation of Article 4 of the Habana Convention on Commercial Aviation with respect to the right of entry.
The Department has been informed by officials of the Department of Commerce that a number of Mexican aviators have recently requested authorizations to fly Mexican aircraft in this country. While the officials of the Department of Commerce are disposed to permit such flights under the terms of the Habana Convention on Commercial Aviation without the necessity of requiring the Mexican aviators to obtain formal authorizations for the flights, they do not feel that they should take such action unless the Mexican Government is disposed [Page 633] to permit American aircraft to enter Mexico without the necessity of obtaining from the Mexican Government formal authorizations for the flights.
The Department encloses a copy of despatch No. 1663 of October 13, 1933, from the American Legation at San José, Costa Rica,26 reporting that the Government of Costa Rica, which is a party to the Habana Convention referred to, has agreed to the interpretation that, subject to compliance with the conditions stipulated in the convention and with the technical requirements as to entry and clearance, private aircraft of a country that is a party to the convention may enter territory of another country also a party without the necessity of obtaining special authorization from the government of the latter country. In your discussions with the Foreign Office you may in your discretion refer to the despatch from San José and add that the Governments of Nicaragua and the Dominican Republic, which are parties to the Habana Convention have also agreed to the interpretation mentioned above.
Very truly yours,