711.1927/9

The Minister in Panama (Gonzalez) to the Secretary of State

No. 16

Sir: Referring to the Department’s Instruction No. 480 dated February 6, 1933, and to subsequent correspondence concerning the desire of the Department to reach an agreement with the Panamanian Government with respect to the interpretation to be applied by both Governments to the Convention on Commercial Aviation, adopted at Habana on February 20, 1928, I have the honor to enclose copies of [Page 640]this Legation’s Note No. 817, dated September 19, 1933, as well as copies and translations of Foreign Office Note D. D. No. 1788, dated October 23, 1933 concerning this subject.

The Legation will assume, in the absence of contrary instructions, that this exchange of notes covers the desired agreement on the interpretation of the Habana Convention. The summary of the aviation regulations of the Republic were not received and the Department has already received copies and translation of Decree No. 150 of August 23, 1932,34 to which the Foreign Office Note refers (see Despatch No. 1234 dated September 14, 193234).

Respectfully yours,

Antonio C. Gonzalez
[Enclosure 1]

The American Chargé (Burdett) to the Panamanian Secretary of State for Foreign Affairs (Arosemena)

No. 817

Excellency: With reference to Your Excellency’s Note D. D. No. 1598 dated September 15, 1933, and to previous correspondence regarding the interpretation given by the United States and Panama to the Habana Convention on Commercial Aviation, adopted at Habana on February 20, 1928, I have the honor to inform Your Excellency that my Government considers that, in accordance with the clear intention of the Convention under reference, private American aircraft may enter the Republic of Panama and that private aircraft of Panama may enter the United States, both under the general authorization contained in that Convention, subject to technical requirements regarding entry and clearance and the laws and regulations in force in the country to be visited, but without the necessity of requesting formal permission for a flight through the diplomatic mission of the country whose nationality the aircraft possesses or through the diplomatic mission of the country to be visited.

If the Government of Your Excellency agrees with the interpretation of the Habana Convention stated above, it is assumed that no special agreement supplementing the Convention will be necessary. I shall be pleased, notwithstanding, if Your Excellency will state whether the above interpretation of the Habana Convention is in accordance with the interpretation placed thereon by the Panamanian Government.

In this connection I may state that, should Your Excellency’s Government desire with its reply to furnish this Legation with a brief summary of the air navigation requirements of the Republic, the [Page 641]Department of State of my Government would recommend to the Department of Commerce that such summary be published in the semi-monthly Air Commerce Bulletin for the information of aviators who may contemplate flights over the territory of the Republic, together with a statement that this data is published in summarized form only and that aviators desiring to enter the Republic of Panama are cautioned to comply with all the regulations in force therein pertaining to the navigation of civil aircraft.

Accept [etc.]

William C. Burdett
[Enclosure 2—Translation]

The Panamanian Secretary of State for Foreign Affairs (Arosemena) to the American Minister (Gonzalez)

D. D. No. 1788

Mr. Minister: I have the honor to refer to the courteous note of your Legation No. 817 dated September 19, last, relative to the interpretation given by the United States and the Republic of Panama to the Habana Convention on Commercial Aviation adopted February 20, 1928.

Annexed I permit myself to send you Decree No. 150 of August 23, 1932, and to transcribe the contents of Note No. 1381–A of the Secretary of Government and Justice concerning this subject:

“I refer to your courteous communication D. D. No. 1740 dated the 13th instant, in order to manifest to you that the Government of the Republic of Panama is in accordance with the interpretation given by the Government of the United States of America to the Convention on Commercial Aviation, signed in Habana February 20, 1928, in the sense that ‘private American aircraft may enter the Republic of Panama, and private Panamanian aircraft may enter the United States,[’] both under the general authorization contained in that Convention, subject to the technical requirements regarding entry and clearance and the laws in force in the country to be visited, but without the necessity of requesting formal permission for a flight through the diplomatic mission of the country whose nationality the aircraft possesses or through the diplomatic mission of the country to be visited.”

Accept [etc.]

J. D. Arosemena
  1. Not printed.
  2. Not printed.