Foreign Relations of the United States: Diplomatic Papers, 1944, The American Republics, Volume VII

711.3237/48

Memorandum by the Chief of the Division of Brazilian Affairs (Walmsley)³²

[Washington,] February 25, 1944.

Military Aviation Agreement With Brazil³³

[The initial paragraphs are concerned with procedure.]

I should mention, so that we all know what we are doing, the following two points:

(1) If Brazil should be at war and the United States neutral, the first paragraph of Article First would impinge upon the Neutrality Act.³⁴ This may arouse no concern with respect to another American republic or the Philippines; but I assume could not be regarded as a precedent in dealings with a non-American country;

(2) The draft agreement is strictly military. It freezes out a number of objectives of the Civil Aeronautics Board, with which we are discussing a civil aviation agreement with Brazil involving the civilian use of airports built or improved in Brazil with United States Government funds.

W. N. Walmsley, Jr.

32. Addressed to Mr. Bonsal and Mr. Duggan, Office of American Republic Affairs; Mr. Hickerson, Division of British Commonwealth Affairs; Mr. James Clement Dunn, Office of European Affairs; Mr. Hackworth, Legal Adviser; Mr. Yingling, Office of the Legal Adviser; and Mr. Berle, Assistant. Secretary of State.
33. In a marginal note by Mr. Walmsley, dated March 1, the oral clearance of the draft agreement by the Joint Chiefs of Staff is indicated, and in a note (not printed) from Mr. Stettinius to Mr. Berle, dated February 23, 1944, the President’s attitude was described thus: “He did not desire to see the arrangement and thinks it is satisfactory.” (711.3227/15)
34. Approved November 4, 1939, 54 Stat. 4.