Foreign Relations of the United States, 1946, General; the United Nations, Volume I

841.796/1–2746: Telegram

The Chairman of the United States Delegation (Baker) to the Secretary of State

secret
urgent

Hamilton, January 27, 1946.
[Received January 27—7:54 p.m.]

To Mr. William L. Clayton Assistant Secretary of State, from Baker (copy for Walstrom) signed Morgan. Following is text of the proposed final act of the Bermuda Civil Aviation Conference¹⁷ as agreed in U.S.–U.K. Rate and Traffic Committee today:

“Final Act of Bermuda Civil Aviation Conference

The Governments of the United States of America and of the United Kingdom of Great Britain and Northern Ireland, having decided to hold between themselves a conference on Civil Aviation, appointed their respective delegates who are listed below:

U.S.	U.K.
(List)	(List)

(Committees and subcommittees to be described, date of final plenary session, description of instruments formulated as a result of the deliberations.)

Whereas representatives of the two Governments have met together in Bermuda to discuss Civil Aviation matters outstanding between them and have reached agreement thereon,

Whereas the two Governments have today concluded an agreement relating to air services between British and United States territories,

Whereas representatives of the two Governments have today initialled heads of an agreement to be concluded between them relating to the use by Civil Aircraft of Naval and Air Bases in areas leased by the Government of the United Kingdom to the Government of the United States,

(Note: There may be an additional paragraph here regarding the bases agreement and another paragraph on an agreement on miscellaneous matters.)

And whereas the two Governments have reached agreement on the procedure to be followed in the settlement of other matters in the Field of Civil Aviation,

Now therefore the two Governments in conference resolve and agree as follows:—

(I) That the two Governments desire to foster and encourage the widest possible distribution of the benefits of air travel for the general good of mankind at the cheapest rates consistent with sound economic principles; and to stimulate international air travel as a means of promoting friendly understanding and good will among peoples and insuring as well the many indirect benefits of this new form of transportation to the common welfare of both countries.

(II) That they reaffirm their adherence to the principles and purposes set out in the preamble to the convention on International Civil Aviation signed at Chicago on 7th December, 1944.

(III) That the air transport facilities available to the travelling public should bear a close relationship to the requirements of the public for such transport.

(IV) That there shall be a fair and equal opportunity for the carriers of the two nations to operate on any route between their respective territories covered by this agreement and its annex.

(V) That in the operation by the air carriers of either Government of the trunk services described in the annex to the agreement relating to air services between British and U.S. territories referred to above, the interest of the air carriers of the other Government shall be taken into consideration so as not to affect unduly the services which the latter provides on all or part of the same routes.

(VI) That it is the understanding of both Governments that services provided under this agreement or its annex shall retain as their primary objective the provision of capacity adequate to the traffic demands between the country of which such air carrier is a national and the country of ultimate destination of the traffic. The right to embark or disembark on such services international traffic destined for and coming from third countries at a point or points on the routes specified in the annex to the agreement shall be applied in accordance with the general principles of orderly development to which both Governments subscribe and shall be subject to the general principle that capacity should be related:

(A) To traffic requirements between the country of origins and the countries of destination.

(B) To the requirements of through airline operation, and

(C) To the traffic requirements of the area through which the airline passes after taking account of local and regional services.

(VII) That insofar as the air carrier or carriers of the one Government may be temporarily prevented through difficulties arising from the war from taking immediate advantage of the opportunity referred to in sub-paragraph (IV) above, the situation shall be reviewed between the Governments with the object of facilitating the necessary development, as soon as the air carrier or carriers of the first Government is or are in a position increasingly to make their proper contribution to the service.

(VIII) That it is the intention of both Governments that there should be regular and frequent consultation between their respective aeronautical authorities as defined in the bilateral agreement attached hereto and that there should thereby be close collaboration in the observance of the principles and the implementation of the provisions outlined herein and in the agreement referred to.”

[Here follows draft text of the proposed bilateral air transport agreement between the United States and the United Kingdom with an Annex consisting of two parts.]

[Baker]

17. Drafts of the Final Act and the accompanying Air Transport Agreement, which were completed by the Conference’s Committee on Rates and Traffic, are found in the files of the United States Delegation. The drafts here under reference do not have a document symbol but carry the pencilled notation “Joint U.S.–U.K. doc dated 1–26–45 [46]”.

    A Delegation commentary on these drafts is found in the immediately following telegram.

    The Delegation was informed by the Department by telegram on January 30 that the documents were approved with the exception of a few minor drafting changes; these were communicated separately in another January 30 telegram (not printed) (both telegrams under 841.796/1–3046).