The American Chargé in Spain (Butterworth) to the Spanish Minister for Foreign Affairs (Lequerica)84

No. 3801

Excellency: I have the honor to refer to negotiations which have recently taken place between the Government of the United States of America and the Government of Spain for the conclusion of a Protocol85 to the Air Agreement of December 2, 1944.

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It is my understanding that it has been agreed in the course of the negotiations now concluded that this Protocol shall be as follows:

Protocol to the Agreement Between the United States of America and Spain Relating to the Operation of International Air Transport Services

As a provisional measure and in conformity with the provisions of the Agreement of December 2, 1944, the Spanish Government and that of the United States of America agree to amplify its stipulations with the following conditions:

A.T.C., which for internal purposes of Spain shall be designated A.T.C.C.S., shall be considered as one of the air transport enterprises of the United States to which Articles I and II of the Agreement of December 2, 1944 refer, for the purposes of realizing exclusively in transit the air traffic to which Article II of this protocol pertains.
All the routes defined in No. I(a) of Article I of the cited Agreement may be used by A.T.C. independently of the stops which are stipulated thereon, stops which shall be limited for the purposes of this Protocol to the air connection between the United States of America or other points on the itineraries covered by A.T.C. and Madrid, and beyond.
The Spanish Government will authorize moreover the non-stop flight over Spain on the direct Lisbon–Paris route, as an exceptional privilege and within the special conditions established in this protocol.
To this end the airport of Barajas shall be duly enlarged to the extent which the new service may require, the enlarged zone being destined to A.T.C., even though it form a part of the cited airport and be subject to the authority of the Chief thereof. The new installations and services shall be constructed by the Ministry of Air in accordance with the needs planned for by the North American technicians.
The meteorological and communications services shall be the corresponding national services, which may contract North American technical personnel with respect to the needs of A.T.C., the confidential nature thereof being guaranteed.
The equipment and material which are to be imported for the A.T.C.C.S. wall be purchased on reasonable terms by the Spanish Government with the exception of those which, for reasons of military protection, should be reserved by the Government of the United States and which will be also sold to the Spanish Government on reasonable terms when the named reasons disappear.
A.T.C. shall be authorized to employ the minimum number of ground personnel necessary for its operation, under the general discipline of the airport.
The aircraft employed in this service shall fly completely unarmed, and their crews shall make no ostentatious display of military character.
The Spanish Government shall authorize the necessary supplies for the proper functioning of the aircraft of A.T.C.
The legislation in force on transit traffic shall be applied to the air traffic provided for in this Protoctol, with the exception of [Page 729] passengers of North American nationality who may be traveling on official duty at expense of the State, the visas of whom shall be adjusted to special procedures.
All political, financial and technical modalities relative to the execution of this Protocol shall be resolved by common agreement between both Parties, special delegates charged with proposing or deciding the opportune measures in each case being named for the purpose.
This Protocol enters into effect on February 19, 1945, remaining in force for fourteen natural months counting from the cited date. Either of the Parties may after that date communicate in writing to the other Party its desire to terminate the present Protocol. Said notification may be effected only after a consultation celebrated between both Parties for a period of not less than ninety days. Once the Protocol is denounced in the manner indicated, it will cease to be in force ninety days counting from the date on which notification is given by one of the Parties to the other.
Both Parties agree that the present Protocol shall not constitute a precedent applicable to their relations in the aeronautical field and that whatever is not expressly provided for in its text or may arise from the attributes granted the delegates to whom Article X refers, shall be adjusted to the general provisions agreed to between the Spanish and North American Governments in the Agreement relative to the operation of international air transport services signed in Madrid December 2, 1944.

I shall be glad to have you inform me whether it is the understanding of your Government that the terms of the Protocol reached as a result of the negotiations are as above set forth. If so, it is suggested that the Protocol become effective on February 19, 1945; if your Government concurs in this proposal the Government of the United States will regard it as becoming effective on that date.

I avail myself [etc.]

W. Walton Butterworth
  1. Copy transmitted to the Department in despatch 4070, February 20, 1945; received March 6.
  2. Authorization by the Department of State, the ATC, and the War Department to effect this agreement was given in telegram 301, February 18, 1945, 2 p.m. to Madrid, not printed (811.248/2–2045).