711.1927/9
The Minister in Panama (Gonzalez) to the Secretary of
State
No. 16
Panama, October 27, 1933.
[Received
November 6.]
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
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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,
[Enclosure 1]
The American Chargé (Burdett) to the Panamanian Secretary of State for
Foreign Affairs (Arosemena)
No. 817
Panama, September 19, 1933.
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
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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.]
[Enclosure 2—Translation]
The Panamanian Secretary of State for
Foreign Affairs (Arosemena) to the American Minister (Gonzalez)
D. D. No. 1788
Panama, October 23, 1933.
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.]
