711.8227/2: Telegram

The Secretary of State to the Minister in Liberia (Walton)

16. Legation’s 18, March 31, noon. Please propose to the Liberian Government the conclusion of the following air navigation agreement:

“Article I

The present arrangement shall apply to continental United States of America, exclusive of Alaska, and to Liberia, including their territorial waters.
Subject to the conditions hereinafter set forth, civil aircraft registered by either Party to this arrangement and not engaged in regular scheduled services, shall be accorded liberty of passage above and of landing upon the territory of the other Party.

Article II

Aircraft of either Party operating in the territory of the other Party must be airworthy. The members of the operating personnel must have the necessary qualifications, and also possess airmen certificates issued by the competent authorities of the country of registration.
The aircraft of each Party, their crews, passengers and goods carried thereon shall, while within the territory of the other Party, be subject to the laws in force in that territory, including all regulations relating to air navigation applicable to foreign aircraft, the transport of passengers and goods, and public safety and order, as well as any regulations concerning immigration, quarantine, customs, and clearance.

Article III

The Government of Liberia agrees that before granting any new concessions for the establishment and operation of air routes and services or for the construction or use of any air transport facilities, such as landing bases, airports, or aids to air transportation, it will inform the Government of the United States of America.

Article IV

In respect to the establishment and operation of air routes and air transport services and all matters pertaining thereto, the nationals and aircraft of the United States of America shall receive most-favored-nation treatment in Liberia. However, the United States [Page 616] of America may not claim any rights in respect of such routes and air transport services if it should be unwilling to accord similar rights to the Government or nationals of Liberia.

Article V

The present arrangement shall be subject to termination by either Party upon six months’ notice given in writing to the other Party.”

If the Liberian Government accepts this text, you should address a note to the Liberian Secretary of State stating that it is your Government’s understanding that the text as agreed to in the negotiations between the two Governments is as follows: (Here set forth entire text, Articles I to V, inclusive). Your note should contain the following final paragraph:

“I shall be glad to have you inform me whether the text set forth above is accepted by your Government. If so, it is suggested that the agreement become effective on (here insert date).”

The Liberian note in reply should also set forth the entire text, Articles I to V, inclusive, and conclude with the following paragraph:

“I am glad to assure you that the foregoing text is accepted by my Government. It is understood that the agreement will come into force on (here insert date).”

You should mail to this Department a copy of your note to the Liberian Department of State, certified by you as a true copy. Also transmit original of the Liberian reply, retaining a certified copy for your files.

The above provisions have been made as brief and non-technical as possible. Although more concise, they are similar to provisions in other aviation agreements, with the probable exception of Articles III and IV. If the Liberian authorities raise any questions respecting Article III, you should point out that it has been designed principally as a measure of protection for Liberia, affording an opportunity to defer action and to consult with the United States in the event of the Government of Liberia being approached for an aviation concession by foreign nationals who might not have the best interests of Liberia at heart. It might, moreover, assist in serving the purpose indicated in the last paragraph of the Department’s No. 9, March 25, 2 p.m.