800.796/8–3144
The Department of State
to the British Embassy
Memorandum
The British proposal for an understanding between the United States
and British Governments relating to the acquisition of air transport
rights on a non-exclusive basis, received in the Department of State
on August 31, 1944, is acceptable subject to certain proposed
amendments.
With reference to paragraph 2(b) the
Government of the United States feels that it could not enter into a
commitment to prevent United States air transport undertakings from
concluding any agreements with foreign governments. However, it is
fully disposed to adopt all practical means to prevent United States
air transport companies from concluding operating agreements with
foreign governments which would preclude such governments from
granting rights to the United Kingdom.
As to paragraph 2(c) it is thought that the
definition of an air transport undertaking should include not only a
company already engaged in air transport, but one which may be
seeking to engage in such transport.
With regard to paragraph 2(d) it is the view
of the United States Government that there should be a more definite
provision for possible termination of the understanding, and it is
thought that the understanding should remain in force until the
Government of the United States and the British Government become
bound by a future international agreement relating to the operation
of international air transport services, or until the understanding
is terminated on reasonable notice given by either Government to the
other Government.
In line with the foregoing suggestions there is attached a draft of a
suggested form of exchange of notes for giving effect to the
proposed understanding.
Washington
, October 2, 1944.
[Page 165]
[Enclosure 1]
Proposed Note From the Secretary of State to the British Ambassador
Excellency: I have the honor to refer
to negotiations which have taken place between the Government of
the United States of America and His Majesty’s Government in the
United Kingdom for the reaching of a reciprocal agreement
concerning the acquisition of air transport operating rights on
a non-exclusive basis.
It is understood that it has been agreed in the course of these
negotiations, now concluded, that so far as concerns the
obligations to be assumed by the Government of the United States
of America this agreement shall be as follows:
Article 1
- (a)
- The Government of the United States of America undertakes
that, except after consultation with His Majesty’s
Government in the United Kingdom, it will not conclude any
agreement with the government of any foreign country which
would preclude the government of that country from granting
flying rights to, in, and over its territory, to United
Kingdom air transport undertakings.
- (b)
- The Government of the United States of America undertakes
that it will also by all practical means prevent United
States air transport undertakings from concluding any such
agreement with the government of any foreign country, except
after consultation between the Government of the United
States of America and the Government of the United
Kingdom.
Article 2
For the purposes of this understanding the expression “United
States air transport undertaking” means any company engaged
wholly or partly in air transport, or seeking to engage in
such transport, which is incorporated in the United States
of America or in any territory or possession within its
jurisdiction.
Article 3
The present understanding will remain in force until the
Government of the United States of America and His Majesty’s
Government in the United Kingdom become bound by a future
international agreement relating to the operation of
international air transport services, or until the present
understanding is terminated on sixty days’ notice given by
either Government to the other Government.
I shall be glad to have you inform me whether it is understood by
His Majesty’s Government in the United Kingdom that the terms of
the reciprocal agreement so far as they constitute the
obligations to be assumed by the Government of the United States
of America are as above set forth. If so, it is suggested that
your reply setting forth the corresponding obligations to be
assumed by His Majesty’s Government constitute the reciprocal
agreement to become effective [Page 166] on the date of your reply. If His
Majesty’s Government concurs in this suggestion the Government
of the United States of America will regard the reciprocal
agreement as becoming effective on that date.
Accept [etc.]
[Enclosure 2]
Proposed Note From the British Ambassador to the Secretary of State
Sir: I have the honor to acknowledge
the receipt of your note of . . . . . . . in regard to the
reaching of a reciprocal agreement between His Majesty’s
Government in the United Kingdom and the Government of the
United States of America, concerning the acquisition of air
transport operating rights on a non-exclusive basis.
In your note of . . . . . . . you have set forth your
understanding of the obligations to be assumed by the Government
of the United States of America in the carrying out of the terms
of the reciprocal agreement which has been the subject of
negotiations between the two Governments, now concluded.
I am instructed by my Government to state that the corresponding
obligations to be assumed by His Majesty’s Government under the
reciprocal agreement are as set forth below:
Article 1
- (a)
- His Majesty’s Government in the United Kingdom undertake
that, except after consultation with the Government of the
United States of America, they will not conclude any
agreement with the government of any 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 by all practical means prevent United
Kingdom air transport undertakings from concluding any such
agreement with the government of any foreign country except
after consultation between the Government of the United
Kingdom and the Government of the United States of
America.
Article 2
For the purposes of this understanding, the expression
“United Kingdom air transport undertaking” means any company
engaged wholly or partly in air transport, or seeking to
engage in such 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.
Article 3
The present understanding will remain in force until His
Majesty’s Government in the United Kingdom and the
Government of the [Page 167]
United States of America become bound by a future
international agreement relating to the operation of
international air transport services, or until the present
understanding is terminated on sixty days’ notice given by
either Government to the other Government.
I am further instructed to inform you that my Government concur
in your suggestion that the reciprocal agreement become
effective on the date of this reply, and will accordingly regard
it as becoming effective on this date.
I have [etc.]
[Subsequent correspondence on this subject dealt specifically
with individual Near Eastern countries. See section entitled
“Representations to the United Kingdom and Iran regarding
American post-war civil air rights in Iran, especially at
Abadan Island,” volume V,
pages 486 ff.; also, section entitled
“Representations to Egypt and the United Kingdom regarding
American post-war civil air rights in Egypt,”
ibid., pages 56 ff.]
