841.796/2–146: Telegram

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

u.s. urgent

Following comments refer to Brit aide-mémoire of Feb 6 repeated, to you in separate tel.42

Dept reluctant to delay conclusion of air transport agreement if a satisfactory Heads of Agreement on bases cannot be reached at Bermuda within very near future.

With reference to Final Act, perhaps Brit would agree to addition of “subject to the approval of their respective govts” to pgh II on page 4. This additional phrase could also be inserted in line 14 on page 5, as well as in numbered pgh 8, line 41 on page 6.43

Re pgh 3A of Brit aide-mémoire, Dept would be willing to see numbered pgh 944 on page 6 of Final Act omitted. It is assumed that Brit would not object to reference to bases agreement in second pgh of Article 1345 of air transport agreement, but this likewise might be revised if Brit object to its present form.

It is recognized that matter covered by pgh 3b of Brit aide-mémoire will require further discussion with military and JCS, but it need not delay conclusion of air transport agreement.

It is hoped that Brit delegation will agree to changes suggested above, but if not, Dept feels that as last resort all references to bases agreement could be omitted from Final Act and air transport agreement if conclusion of latter is to be unduly delayed.

With regard to so-called change of gauge proposal in Annex to Brit aide-mémoire, this seems to preclude an operator from basing similar [Page 1472] sized aircraft at foreign points for onward carriage of through traffic. Dept will rely on whatever revised language you may be able to work out with Brit if present proposal objectionable.

Separate tels offer certain comments on route section of Annex and on Report of Committee III on Miscellaneous Matters (your tel Feb l).46

Subject to whatever modifications are made in the Final Act, the air transport agreement and the Annex to this agreement in the light of the above comments, these drafts appear to be satisfactory and you may proceed with signing in accordance with Full Power.

Please inform as soon as possible whatever changes are finally made in the various documents forwarded by Morgan to Walstrom so that text to be released to press will incorporate any such revisions.

  1. Supra.
  2. No definitive editing of this paragraph can be undertaken as the particular draft to which the Department apparently had reference has not been found. It is clear that the intent of this modification was to make the agreements ad referendum, unlike earlier drafts (see Hamilton’s unnumbered telegram received in the Department at 7:54 p.m., January 27, p. 1459).
  3. Text of this paragraph is printed in Hamilton’s unnumbered and undated telegram received in the Department at 4:45 p.m., February 3, p. 1467.
  4. Apparently at one time consideration was given to adding as a second paragraph of Article 13 of the bilateral agreement a text that corresponded to the new paragraph 11 of the Final Act which is printed in the telegram cited in the immediately preceding footnote. No texts either in draft or final form have been found of a bilateral agreement that has an Article 13 with two paragraphs.
  5. None of the three telegrams alluded to here is printed (841.796/2–146).