[Enclosure]
Agreement Between the United States and Portugal
Regarding Air Transport Command Service to Europe Through
Portugal
Considering the terms of the request of January 25, 1945 whereby the
Government of the United States seeks landing rights in Lisbon for
A.T.C. aircraft in the European service;
Considering President Roosevelt’s decree of 24 October 1944 in which
he authorized those (A.T.C.) aircraft to augment its existing
service by taking over civil transport under regulations similar to
those
[Page 450]
applicable to
aircraft of private enterprises, for as long a period as these
latter enterprises are unable to satisfy the necessities of
commercial traffic; and
Considering, on the other hand, the Portuguese Government’s pledge to
aid, whenever the rendering of aid is possible in the prosecution of
the policy it has always defended and supported, activities of
relief or reconstruction in areas affected by the war and the
reestablishment of economic or other activities disorganized by the
war and which are necessary to the rapid restoration of normal
peacetime conditions;
The Portuguese Government and the Government of the United States
agree on the following:
1– A.T.C. aircraft coming from North America to Europe and returning,
for the above ends, are permitted to fly over Portuguese territory
on the European continent under the following terms:
- 1st)
- In flights over Portuguese territory in Europe planes must
land in Lisbon;
- 2nd)
- They shall not discharge or load passengers or freight
except at the request or with the consent of the Portuguese
Government in each case;
- 3rd)
- They shall pay those charges established by Portuguese
laws and regulations which correspond to the services
utilized, on a nondiscriminatory basis;
- 4th)
- They shall be unarmed and the crews shall be
civilian.
2– Notwithstanding the stipulation in the existing agreement relative
to the Santa Maria airport, which continues in full force, the
Portuguese Government, in view of the very special governmental
character of the service entrusted to A.T.C. which is the object of
the present agreement, gives its consent during the life of the
latter that the aircraft referred to in the preceding article which
have to land in the Azores and are intended eventually to form
connections through Europe with the orient may by special exception
utilize that airport.
3– Recognizing, for the execution of this agreement, the necessity of
constructing certain repair shop or spare parts storage facilities,
installing certain equipment, or making certain general
improvements, the Portuguese Government shall, in the shortest
possible time, meet these requirements.
For the utilization of these installations there shall be levied such
charges or rents as may be established by the Portuguese Government
on a non-discriminatory basis.
For the execution of the work outlined in the first paragraph of this
article, the United States Government agrees to render all aid
necessary to the Portuguese Government for the acquisition of the
required machinery, equipment and materials.
4– The protective services of radio and meteorology shall be
Portuguese under the conditions as set forth in the preceding
article; the
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United States
Government agrees to authorize the Portuguese Government to contract
such specialized technical personnel as may be considered necessary,
both for the installation and subsequent operation of the required
equipment.
5– Spare parts and, in general, all materiel inherent to aircraft
will remain in customs bond since they are not for national use.
6– Transit traffic, since it does not leave the zone of customs
control, will not be subject to the payment of customs duties; as
for police formalities there will be accorded a special system of
facilities.
7– The A.T.C. will be authorized to employ its own ground service
crews who will be subject to the general airport discipline
rules.
8– This accord will remain in force until 30 June 1946 unless the
traffic can be turned over to private enterprises before this
date.
If the traffic is returned to private enterprise before that date
this accord shall terminate as of date of such return.
Lisbon, March 27, 1945.
Annex to Agreement
In view of the transitory and exceptional nature of this service, the
Portuguese Government shall agree with the United States Government
to safeguard the security of the equipment furnished, in accordance
with its classification, and of the communications which are to be
used only for the service of A.T.C. aircraft.
All meteorological data that can be released without prejudice to
security will be furnished currently and promptly to the appropriate
Portuguese authority.
All communications equipment not of a strictly secret character which
has not been already acquired by the Portuguese Government in
accordance with Articles 3 and 4 of the Agreement will be turned
over to the Portuguese Government upon the termination of this
Agreement at a reasonable cost price to be fixed by the two
Governments. During the life of this Agreement, Portuguese
technicians will be given full instructions with reference to the
use and operation of such equipment.
