811.79681/5–3145
The Chargé at Tangier (Childs) to the
Secretary of State
No. 2783
Tangier, May 31,
1945.
[Received July 7.]
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,
[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.]
