711.1427/7

The Minister in Guatemala ( Hanna ) to the Secretary of State

No. 664

Sir: With reference to the Department’s instruction No. 180, of April 6, 1935, in further relation to the interpretation of Article 4 of the Habana Convention on Commercial Aviation, I have the honor to transmit herewith a copy of my note No. 24 of April 23, 1935,9 presenting the Department’s views for the consideration of the Guatemalan authorities.

As I had good reason to believe that those authorities would not recede from the position they had taken in the matter of the interpretation of the Convention, I endeavored to reach an understanding, as authorized in the instruction under reference, whereby the procedure already agreed upon by the two Governments with regard to the entry of pleasure or tourist aircraft might be given effect without the necessity of entering into a further discussion as to the interpretation of the Articles of the Convention. I did point out, however, that the Government of the United States does not agree with the view of this Government that a procedure by which private aircraft of either country shall be permitted to enter the other country without a special authorization for each flight would constitute a special agreement under Article XXX of the Habana Convention. I also made what I considered a suitable reservation concerning a possible further discussion at some subsequent time of the interpretation of the Articles of the Convention.

I now have this Government’s reply embodied in Foreign Office note No. 6173 of May 27, 1935, a copy and translation of which are transmitted herewith. The reply accepts our proposed draft of identical communications for putting the procedure into effect, with a minor addition which I presume will be acceptable to the Department.

The Legation will await the Department’s further instructions in the matter.

Respectfully yours,

Matthew E. Hanna
[Page 227]
[Enclosure—Translation]

The Guatemalan Minister for Foreign Affairs ( Skinner Klee ) to the American Minister ( Hanna )

No. 6173
360.A.(73/0)

Mr. Minister: With reference to the Legation’s courteous note No. 24, of April 23, last,10 I have the honor to transcribe to Your Excellency the report which the General Bureau of Civil Aeronautics has submitted to the Minister of Fomento, and which says literally:

General Bureau of Civil Aeronautics

Guatemala, May 18, 1935.

Mr. Minister:

Complying with the foregoing instruction, I have the honor to inform you as follows with respect to the agreement for putting into effect the procedure proposed by this Bureau with the approval of the Ministry under your charge, which agreement the Minister of the United States of America has been pleased to submit for the consideration of the appropriate Guatemalan authorities in view of said procedure having been found satisfactory to the Government of the United States.

The General Bureau of Civil Aeronautics under my charge finds said agreement acceptable in that it is entirely in accord with the point of view which was submitted for your approval; but, in order that the communication which the Department of State will send to the appropriate office of the Government of the United States may be more in consonance with the instruction which the Government of Guatemala will have to give, for their information and guidance, to the authorities of Guatemala concerned with the entrance of foreign aircraft, I propose that said communication should be worded as follows:

As parties to the Habana Convention on Commercial Aviation adopted at Habana, Cuba, on February 20, 1928, the Government of the United States of America and the Government of Guatemala have reached an understanding that the private aircraft of either country engaged in pleasure or tourist flights may enter territory of the other country without the necessity of obtaining special authorization for each flight from the Government of the latter country.

Such right of entry is, however, conditioned upon compliance with the technical requirements as to entry and clearance and other regulations in force in the country entered.

In case of aircraft of the United States departing for Guatemala, advance notice of the intended arrival of the aircraft in Guatemala must be given by the pilot of the aircraft, which should be in an airport of entrance unless prior authorization to land elsewhere be obtained from the Ministry of Fomento of Guatemala.

This notice must be communicated by the pilot directly to the Ministry of Fomento, Guatemala City and must contain the following data: type of aircraft; its individual marks and identification; the name of the pilot, and the approximate date of the arrival of the aircraft.

[Page 228]

The only difference between the foregoing proposal and that in the agreement which the Minister of the United States has been pleased to submit for the consideration of the Government of Guatemala is in the part that says:

“… which should be in an airport of entrance unless prior authorization to land elsewhere be obtained from the Ministry of Fomento of Guatemala.”

Said paragraph has been added for the reason that only airports of entrance and departure have customs authorities, that is to say, the airports of “La Aurora” and Barrios.

I have the honor to submit the foregoing to the consideration of the Minister for whatever he may decide with respect to the proposal made by this General Bureau.

With assurances of my high consideration and respect.

(signed) José F. Mejía

Mr. Minister of Fomento

Seal Present

I avail myself [etc.]

A. Skinner Klee
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  2. Not printed.