711.2527/2

The Chargé in Chile (Scotten) to the Secretary of State

No. 230

Sir: I have the honor to refer to the Department’s instruction No. 53 of July 13, 1934, directing that an understanding be reached with the Government of Chile in regard to the interpretation of the Convention on Commercial Aviation adopted at Havana on February 20, 1928, so far as concerns the right of private aircraft of one of the parties to enter the territory of the other parties on pleasure or tourist flights without the necessity of obtaining an authorization for a flight from the government of the country to which the flight is to be made.

In compliance with this instruction, I have the honor to transmit herewith a copy of the Embassy’s note No. 138 addressed to the Foreign Office on this subject under date of August 28, 1934,5 together with a copy and translation of the Foreign Office’s reply. It will be observed that the competent local authorities are in accord with the interpretation which the United States has given to the said convention as concerns pleasure and tourist flights made in private aeroplanes, namely, that such aeroplanes need only comply with the formalities established in the said convention and that they are not required to request authorization in order to fly over countries which are parties to the Havana Convention.

I have the honor to transmit herewith two copies of the Regulations Governing Aerial Navigation (Reglamento de Navegación Aerea). This publication was issued in 1932 but the attached copies have been corrected and brought up to date by the competent authorities.

Respectfully yours,

Robert M. Scotten
[Enclosure—Translation]

The Chilean Minister for Foreign Affairs (Cruchaga T.) to the American Chargé (Scotten)

No. 6767

Mr. Chargé d’affaires: In reply to the courteous note, No. 138 of August 28th last, in which the Embassy referred to the interpretation which the Government of the United States of America had given to the Convention on Commercial Aviation signed at Havana on February 20, 1928, I have pleasure in informing you that the competent national authorities are in accord with the interpretation given that pleasure and tourist flights made in private aeroplanes of the contracting States must not be subject to formalities in addition to [Page 499]those established in the said convention; therefore they are free from the obligation of requesting authorization to fly over a country which is a contracting party to the said international treaty.

In conformity with the request of that Embassy, I have pleasure in enclosing herewith two copies of the Regulations for Aerial Navigation with the modifications which have been made to date.

Please accept [etc.]

Miguel Cruchaga T.
  1. Not printed.