841.796/2–146: Telegram

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

us urgent

For Clayton. Colonel Robert Tate and Mr. William Fleming32 leaving Bermuda six p.m. by army plane today with draft heads [Page 1466] agreement covering opening 99-year bases to civil air transportation.33 This draft is referred for approval by United States and United Kingdom delegations to respective governments prior to submission to conference for initialling. This draft represents no recession from principles contained in USD–14 previously approved by Joint Chiefs of Staff and State Department except with respect to sale of supplies at bases as now set forth in article 8. Numerous editorial changes in other articles tend to strengthen document. Thank you for your last two messages giving right to sign final act and bilateral and expressing general approval.

Rates and traffic committee is still in trouble on one point: The British have given us fifth freedom rights on all routes we have asked for but wish right to consider whether they will also extend such rights to new points if we change routes in the future. Our delegation now strong against requirement of such subsequent approval. Both sides working on this today. I will let you know progress.34

  1. Colonel Tate is not listed in the Delegation roster; Mr. Fleming was a representative of the Navy Department on the staff of Delegation advisers.
  2. Two drafts of Heads of Agreement regarding the opening of the 99-year leased bases to civil aircraft were completed by the Leased Bases Committee on January 29 and February 1, respectively (U.S. Delegation Files, Delegation Document USD–28, also Committee Document C/II/3; Delegation Document USD–40, also Committee Document C/II/4). The draft referred to here was the latter, and had been agreed to by both Delegations.
  3. The question of routes (route descriptions and route changes) was the subject of intensive discussion within the U.S. Delegation and between the two Delegations from January 29. Differences between the two Delegations revolved specifically around two points: Whether precision were desirable in defining route-direction (the U.S. view was yes), and whether there should be consultations between the two governments as to changes in intermediate points along the routes in third countries (the British members wanted consultation). Section III of the Annex to the bilateral agreement was to be devoted to defining routes and Section IV to the subject of route changes. Relevant documentation is found in the files of the U.S. Delegation.