The Secretary of State to the Minister in the Netherlands ( Emmet )

No. 38

Sir: Reference is made to the Legation’s despatch No. 834 of November 22, 1933,18 and to the Department’s reply of December 29, 1933,19 in relation to the proposed amendment of Article 1 of the air navigation arrangement concluded between the United States and the Netherlands,20 but not yet in force.

In view of statements of the Netherland authorities referred to in the Legation’s despatch No. 792 of October 17, 1933,21 and the Legation’s comments thereon, it seems to the Department that while the Netherland authorities may possibly be willing to include the Netherland possessions of the Western Hemisphere in the arrangement, it is very doubtful whether they would agree to include Netherland India, in view of the request of this Government for the omission of the Philippine Islands, the Hawaiian Islands and the Panama Canal Zone. If you are now convinced as a result of information received from the Netherland authorities that the Netherland Government will not agree to include Netherland India in the arrangement, you may express the hope that it will agree to the revision of Article 1 proposed in the Legation’s note No. 294 of November 22, 1933, to the Foreign Office, a copy of which was transmitted with the Legation’s despatch No. 834 of November 22, 1933.

You may in this connection state that if the revision of Article 1 proposed in the Legation’s note No. 294 of November 22, 1933, to the Foreign Office is acceptable to the Netherland Government the Government of the United States would have no objection to including [Page 637] in the arrangement a new article providing for the possible extension of the arrangement to territories of either country not covered by the formula proposed by the Legation in its note No. 294 to the Foreign Office. You may add that this Government has agreed to the incorporation of such a provision in an air navigation arrangement which has been under negotiation with another European conutry but which is not yet in force. You should point out in this connection that while no assurances can be given that the arrangement would be extended to American territories not covered by the arrangement when it comes into force, it is believed that the provision in regard to possible extensions to additional territory might be useful in the event that either Government should in the future modify its present policy with respect to the inclusion of its territories in air navigation agreements to which it becomes a party.

You are, therefore, authorized to propose, in accordance with the conditions stated in the preceding paragraph, that there be included in the arrangement a new article, to be numbered 16, which would read as follows:

Article 16.

Either party may at any time after the present arrangement comes into force apply the provisions of the arrangement to any of the territories under its jurisdiction, including territorial waters, that are not mentioned in Article 1. Such application, if made by either party to additional territory under its jurisdiction, shall be by a notification in writing given to the other party, and shall become effective sixty days from the day when the notification shall have been given.

The party applying the arrangement to additional territory under its jurisdiction, as provided for in the preceding paragraph, may subsequently give notice in writing to the other party of the termination of the application of the arrangement to the additional territory. In that event such application shall cease sixty days after the notice of termination shall have been given.

If this new article is adopted Article 16 of the present arrangement will become Article 17. There are enclosed herewith copies in duplicate of the proposed new Article 16.

The Legation’s attention is called to the fact that an air navigation arrangement was agreed to by an exchange of notes between the Department of State and the Netherland Legation on November 16, 1932. In accordance with the terms of Article 16 the arrangement would have become effective thirty days after notification to the Government of the United States of the ratification of the arrangement by the Queen of the Netherlands. The Department found it necessary before waiting for such notification to instruct the Legation to request the omission of the Philippine Islands, the Hawaiian Islands and the Panama Canal Zone from the arrangement, in accordance with a decision [Page 638] reached by the authorities of this Government to omit these territories from air navigation agreements. The request for such omission appears to have created difficulties for the Netherland Government. The Department hopes, however, that any remaining differences may be adjusted between the two Governments in the near future, in order that the arrangement may be made effective as soon as possible.

Very truly yours,

For the Secretary of State:
R. Walton Moore