Foreign Relations of the United States: Diplomatic Papers, 1944, The American Republics, Volume VII
711.3227/131
The Ambassador in Brazil (Caffery) to the Secretary of State
[Received June 24.]
Sir: With reference to my telegram No. 2175 of June 14, 5 PM45 reporting the successful conclusion of the negotiations for the military aviation agreement, I have the honor to transmit herewith the original of the Portuguese text handed me by Aranha and copies of the English text which I handed to Aranha, together with the text of the covering notes which was suggested by Aranha and to which I took no objection.
Respectfully yours,
The American Ambassador in Brazil (Caffery) to the Brazilian Minister for Foreign Affairs (Aranha)
Excellency: I have the honor to confirm the agreement which has been reached by the Governments of Brazil and the United States of America, the text of which, consisting of nine pages, and one exhibit consisting of four pages,47 all of them initialed, I herewith transmit to Your Excellency.
The present agreement will be kept secret until decision to the contrary by both Governments.
I avail myself [etc.]
Military Aviation Agreement Between the United States and Brazil
Whereas the United States of America and the United States of Brazil at the Eighth International Conference of American States at Lima reaffirmed their purpose to defend the principles of continental solidarity and absolute sovereignty against all foreign activity that might threaten them; and
Whereas the United States of America and the United States of Brazil in pursuance of Resolution XV of the second meeting of the Ministers of Foreign Affairs of the American Republics at Habana entered into various agreements deemed necessary to organize cooperation for continental defense and mutual assistance against extra-continental threats of aggression; and
Whereas among the several agreements entered into and measures adopted through mutual consultation by the United States of America and the United States of Brazil none has been more effective in fortifying the continent against external aggression and in strengthening the extremely close political and military relations which have always existed between the United States of America and the United States of Brazil, than the joint Brazil-United States air, military and naval arrangements entered into in connection with the present conflict; and
Whereas, prudence and the responsibilities within the system of their own and the continental defense freely assumed by the United States of America and the United States of Brazil demand of the two [Page 562] countries that they take the necessary measures to promote their mutual security and to defend their territories and areas of mutual interest against possible threats of aggression following the cessation of hostilities, and that the two Governments commit themselves to strengthen the close political and military cooperation already existing between the two countries; and
Whereas, because of the great development in aerial warfare that has already taken place and that may be expected in the future, the foregoing defense policy requires, as a first step (without prejudice to similar understandings regarding other military departments), from the standpoint of the protection of both countries and the continent, the continued maintenance of strategic military airports for the joint use of both governments, without in any manner implying the permanency of the armed forces of the United States of America at the air bases in question which are enumerated in Exhibit No. I to this document; and
Whereas, of the factors of location, military strength and resources which determine the military value of an airport, Brazil is able to furnish, among other things, certain strategic locations, adequate personnel for defense and certain resources, and the United States is able to furnish, among other things, the matériel for the military strength factor and many resources that will not be available in Brazil for some years, and it therefore would be to the mutual advantage of both countries for each to contribute the elements which each is best able to supply in order that they may together maintain bases for their mutual defense; and
Whereas the Government of the United States of Brazil is the sole owner of the airports enumerated in Exhibit No. I to this document and under the terms of Decree No. 3462 of July 25, 1941 these airports will be under its exclusive command, flag, symbols and military regulations;
Therefore the Governments of the United States of America and of the United States of Brazil, firmly resolved to take every measure toward contributing to the maintenance of world peace and to defense against any aggression against their territories and also to keep danger from continental shores, agree upon the following terms for continuation of their military air cooperation in the post-war period.
Article First
The territories affected by the present agreement are:
- (a)
- In the case of the United States of America, continental United States, Puerto Rico and the Virgin Islands;
- (b)
- In the case of the United States of Brazil, continental Brazil and Fernando Noronha Island.
Article Second
For the purposes of the present agreement “military aircraft” are defined as aircraft of the Army, Navy or Air Forces of either Government, and civil aircraft operated in military traffic under contracts with the armed forces of either Government, in no case as common carriers.
Article Third
- (a)
- The airports and their appurtenances described in Exhibit I, and facilities necessary for their operation (hereinafter referred to as the “strategic airports”), and any other airports located either in the territories described in Article First or elsewhere outside of the continent which, by future agreement between the two Governments may be designated as strategic airports, may be freely used by the military aircraft and personnel of both Governments in accordance with the laws of the respective countries and in compliance with the present agreement. The exact boundaries of the aforesaid airports described in Exhibit No. I, their appurtenances and facilities shall be determined by a Technical Commission for the Conservation of Airports hereinafter provided for, with the approval of the Minister of Aeronautics.
- (b)
- The radio, meteorological, communications, repair, storage and other equipment and facilities constructed or installed at any strategic airport, or which may hereinafter be constructed or installed thereat, together with any gasoline storage facilities, equipment and pipe lines now or hereafter constructed or installed at or in the vicinity of any strategic airport for use in connection with its operation, may be freely used by the Air Forces of each country during the life of this agreement. Such equipment and facilities shall be considered an integral part of such strategic airports.
- (c)
- Either Government may maintain at each strategic airport such personnel as may be necessary for the servicing and maintenance of the airport and of such of its military aircraft as may from time to time be located at or making use of the airport.
Article Fourth
In view of the joint use for defense of the strategic airports and facilities contemplated by the present agreement, the two Governments agree that each should participate in the responsibility for the maintenance of the strategic airports and facilities. In order to discharge their joint responsibility and to provide for the efficient maintenance of the said airports, although the airports continue to belong to the Government of Brazil and subordinate to the Ministry of Air, the two Governments hereby establish a Technical Commission for the Conservation [Page 564] of Airports, composed of equal numbers of representatives of the Brazilian Air Force and of the armed forces of the United States of America. The Commission shall determine its procedure.
Article Fifth
The two Governments agree that:
- (a)
- The Technical Commission for the Conservation of Airports, which will have its headquarters at the Ministry of Aeronautics, will be able to superintend the operation and maintenance, and shall prescribe regulations for the use, of each strategic airport and its facilities;
- (b)
- The Commission shall recommend to the two Governments a formula for the equitable distribution of the costs of maintenance and operation of the strategic airports;
- (c)
- The Commission will propose additional equipment and facilities which it may be advisable to construct or install at any of the strategic airports by and at the expense of either Government subject to the approval of the Governments.
- (d)
- The Commission shall formulate plans for expansion of the training already initiated in Brazil and in the United States for the preparation of Brazilian technicians in the operation of airports and facilities. The Government of the United States of America will make available suitable facilities at its disposal to provide such training.
Article Sixth
The use of the strategic airports and facilities by civil aircraft as now and hereafter permitted by the Brazilian Government shall not be affected by this agreement, but operations of such aircraft shall be subject to the provisions of paragraph (a) of Article Fifth.
Article Seventh
The military aircraft of each Government shall, subject to the limitations of the present agreement, be permitted to fly into, over and away from the territory under the jurisdiction of the other Government. Subject to the provisions of the present agreement and to the laws of the respective countries, the military aircraft of each Government shall further be accorded the right to land at and take off from airports, and to use all airport and navigational facilities, within the territory of the other open to its own military aircraft.
Article Eighth
The military aircraft of each Government and the military, naval, air forces and other official personnel, and official supplies, equipment and material carried on such aircraft, while within or over the territory [Page 565] of the other country, shall not be exempt from the laws in force in that territory, except as otherwise provided in this agreement.
Article Ninth
Each Government reserves the right, for considerations of military security or in the interest of public safety or for other sufficient reasons, to restrict or prohibit, over zones each Government may from time to time define, air traffic by military aircraft of the other Government. Each Government shall promptly communicate to the other information regarding such zones and regulations it may adopt in connection with them.
Article Tenth
No import, excise, consumption or other tax, duty or impost shall be charged by either party on material, equipment, supplies or goods brought into its territory for the use of the other party, under the present agreement, or for the official use but not for private and personal use of its armed forces or its civilian personnel on the territory by reason of employment under the present agreement.
Article Eleventh
No member of the armed forces of either party and no civilian personnel of either party resident on the territory of the other by reason of such employment under the present agreement shall be liable to pay income tax on income derived from the Government by which he is employed, unless he is a national of the country on whose territory he is serving.
Article Twelfth
The present agreement shall become effective upon signature and shall run for ten years unless the two Governments agree to the contrary. It shall thereafter remain in effect until twelve months after the day on which one of the Governments advises the other of its intention of terminating it.