811.79681/5–3145

The Chargé at Tangier ( Childs ) to the Secretary of State

No. 2783

Subject: Landing Rights for American Commercial Aircraft in French Morocco.

Sir: I have the honor to acknowledge receipt of the Department’s instruction No. 395 of May 23, 19458 and to report that in accordance with that instruction I have addressed a note, dated May 31, 1945, to the French Resident General9 which is identical with the proposed note transmitted under cover of the Department’s instruction in question.

After a review of the changes proposed by the Department in the note transmitted under cover of my despatch No. 2727 of May 2, 1945,8 it was not considered that any substantive changes should be made in the last revised draft of the Department as it seemed to me to meet fully the situation. A copy of the note is transmitted to the Department for its records.

Respectfully yours,

J. Rives Childs
[Enclosure]

The American Chargé at Tangier ( Childs ) to the French Resident General in Morocco ( Puaux )10

Mr. Resident General: As Your Excellency is no doubt aware, the dahir of October 1, 1928, which purports to regulate aerial navigation [Page 674] in the French Zone of Morocco, has never been submitted to my Government with a view to its application to American nationals and ressortissants. Your Excellency is also aware that during the past several years there has been a considerable development of American air transport into and across Morocco.

My Government does not desire for its commercial air transport services passing through Morocco any extraordinary privileges, but believes that relations between the United States of America and Morocco will be strengthened by the continued operation of American air services. It is therefore disposed to seek with the French Protectorate authorities some practical means for making applicable to American nationals and ressortissants certain rights and regulatory provisions with respect to air transport and aerial navigation which may be mutually agreed upon as desirable. Your Excellency will of course appreciate that such regulatory provisions could not include any measures which would tend to place United States air transport enterprises in a position of inferiority as compared with other commercial airlines. With a view to the foregoing, my Government suggests that such arrangements as those indicated be effected by an exchange of notes which would include the following stipulations:

1)
Commercial aircraft authorized by the Government of the United States of America to operate on a regularly scheduled route via Morocco will be granted rights of transit through and non-traffic stop in Morocco, as well as the rights to pick up and discharge passengers, cargo and mail at Casablanca, on the route or routes to be determined in agreement between the appropriate United States and French Protectorate authorities.
2)
United States aircraft while in Morocco shall be entitled to the use of airports and air navigation facilities on terms no less favorable than those accorded to Moroccan, French, or other aircraft. United States airlines authorized to operate into and through Morocco shall have the right to acquire, install, maintain, and operate whatever air navigational aids and operating facilities may be required.
3)
The French Protectorate authorities agree that fuel, lubricating oil, spare parts, and regular equipment of aircraft, and stores retained on board civil aircraft of United States registry operating into or out of Morocco shall, upon arriving in or leaving the territory of Morocco, be exempt from customs, inspection fees, or similar duties or charges, even though such supplies are used or consumed by such aircraft on flights in Morocco.
4)
The Government of the United States of America agrees that Moroccan laws and regulations as to the admission to or departure from its territory of passengers, crews or cargo of aircraft, and such regulations as relate to entry, clearance, immigration, passports, and customs shall be complied with by or on behalf of such passengers, [Page 675] crews, or cargoes except as otherwise provided herein, upon entering into or departing from or while within the territory of Morocco, so long as such laws and regulations are not in conflict with existing American treaty rights.
5)
The Government of the United States of America expresses its readiness to make applicable to United States nationals and ressortissants and to United States commercial aircraft entering, passing over and departing from Morocco, such technical provisions of the dahir of October 1, 1928 as constitute a reasonable regulation of aerial navigation, as well as such other technical provisions as the French Protectorate authorities and the Government of the United States may eventually agree upon as desirable to supplement the provisions of that dahir.
6)
In the event that either the Government of the United States of America or the French Protectorate authorities consider it desirable to modify or supplement the foregoing provisions, that Government or those authorities may request consultation between the competent officials of both contracting parties, such consultation to begin within a period of sixty days from the date of the request. When new or revised provisions are mutually agreed upon, they shall come into effect after they have been confirmed by an exchange of diplomatic notes.
7)
The provisions of the present agreement, and any amendments thereto, shall be carried out in such a manner that United States aircraft will receive treatment no less favorable than that accorded Moroccan or French aircraft or aircraft of any other country; it being further agreed that the application of Morocco laws and regulations will not conflict with existing United States treaty rights in Morocco.

Please accept [etc.]

J. Rives Childs
  1. Not printed.
  2. Gabriel Puaux.
  3. Not printed.
  4. The Diplomatic Agent in Tangier stated in despatch 338, June 29, 1946, that no reply to this note had been received (811.79681/6–2946).