Office of the Historian

800.796/8–3144

Memorandum of Conversation, by the Assistant Secretary of State (Berle)

[Washington,] August 31, 1944.

Mr. Gore-Booth94 came in to see me at his request and said that they had been working on a proposed exchange of notes which would amplify and make more concrete the so-called “Halifax Agreement”95 by which the United States and Britain agreed that neither would attempt to negotiate air agreements discriminatory against or exclusive of the other. He presented the attached draft of note to see [Page 163] whether it fitted our ideas. I said we would comment as soon as possible.

A. A. B[erle], Jr.
[Annex]

Draft Note From the British Ambassador to the Secretary of State

Your Excellency: During his visit to London in April last, Mr. Berle96 drew attention to the understanding between His Majesty’s Government in the United Kingdom and the United States Government regarding exclusive arrangements for United Kingdom–United States air transport lines, contained in the last paragraph of the State Department’s aide-mémoire to His Majesty’s Embassy of the 27th May, 1942 and the latter’s reply of the 28th July, 1942.97 Mr. Berle pointed out that the wording of this understanding might suggest that it ceased to have effect after the general consultation on civil aviation matters which was then in progress between our two governments. He proposed that an agreement to the same effect be put on record which would remain in force at least until the time of the international civil aviation conference contemplated during the talks in London.

2.
As stated at the time of Mr. Berle’s visit, His Majesty’s Government in the United Kingdom welcome this suggestion and are ready on a basis of reciprocity to agree as follows:—
(a)
His Majesty’s Government in the United Kingdom undertake that, except after consultation with the Government of the United States, they will not conclude agreements with the government of a foreign country which would preclude the Government of that country from granting flying rights to, in, and over its territory, to United States air transport undertakings.
(b)
His Majesty’s Government in the United Kingdom undertake that they will also prevent United Kingdom air transport undertakings from concluding such agreements with the Government of a foreign country except after consultation between the Government of the United Kingdom and the Government of the United States.
(c)
For the purposes of this Agreement, the expression “United Kingdom air transport undertaking” means any company engaged wholly or partly in air transport, which is incorporated in the United Kingdom or in any British colony, overseas territory, Protectorate, protected state or Mandated territory in respect of which the Mandate is exercised by the Government of the United Kingdom.
(d)
This undertaking will remain in force until such time as an international civil aviation conference is held with the object of reaching agreement regarding the future regulation of international air transport.
3.
If, as I understand, the United States Government are for their part willing to give a reciprocal undertaking, I have the honour to suggest that the present note and Your Excellency’s reply to that effect shall be regarded as constituting an agreement between our two Governments which shall come into force immediately and continue in force until an international conference on civil aviation has been held.

Washington,

  1. Paul H. Gore-Booth, First Secretary of the British Embassy.↩
  2. Exchange of notes between the United States and the United Kingdom regarding air services in the Near and Middle East; see Foreign Relations, 1942, vol. iv, pp. 18 ff.↩
  3. For correspondence relating to Assistant Secretary of State Adolf A. Berle’s visit, see vol. ii , section entitled “Preliminary and exploratory discussions regarding international civil aviation; Conference held at Chicago, November 1–December 7, 1944.”↩
  4. This exchange of notes constituted the so-called “Halifax Agreement”.↩