832.796/1–1846

The Secretary of State to the Ambassador in Brazil ( Berle )

No. 7814

Sir: Reference is made to the technical advice and assistance which has been furnished by the Civil Aeronautics Administration to the Brazilian Air Ministry through Mr. C. J. Tippett and his staff.

Officers of the Civil Aeronautics Administration and of this Department have recently conferred with regard to the continued participation of the Civil Aeronautics Administration in this project. It was agreed that the Civil Aeronautics Administration’s activities in Brazil have been of mutual advantage to both countries and it is desired, therefore, to continue cooperation in this project.

It will be noted that under paragraph 3(a) of the enclosed draft Memorandum of Agreement,72 this Government undertakes to detail from the Civil Aeronautics Administration an initial maximum of three aviation technicians whose salaries and expenses shall be paid by this Government. It is realized that the work of this Civil Aeronautics Administration mission may well require the services of other Civil Aeronautics Administration experts on a permanent or temporary basis, who would go to Brazil for a specific task and return when their work is accomplished. For example, a civil aviation expert with a legal background might be used for a two-month period to aid in drawing up appropriate legislation and civil air regulations. It is believed that the Government of Brazil should be prepared to pay a part or all of the living expenses, salaries, and transportation of such additional Civil Aeronautics Administration personnel under the provisions of the Act of May 3, 1939 (Public No. 63, 76th Congress).

With a view to effecting a more closely integrated program and a clearer definition of the responsibilities of the two Governments and their participating agencies, there is enclosed a draft Memorandum of Agreement concerning which the Department desires to have your opinion before the instrument is presented to the Brazilian Government. If you are of the opinion that the proposed Agreement should be modified please indicate what provisions it should contain.

Very truly yours,

For the Secretary of State:
William L. Clayton
[Page 467]
[Enclosure]

Draft Agreement

The Government of the United States of America, and the Government of Brazil, for the purpose of establishing in Brazil a civil aviation training program and for the purpose of developing, fostering and promoting civil aviation, hereby mutually agree that future cooperation between the two Governments in the field of civil aviation to which this agreement relates shall be in accord with the following principles and procedures, and that all departments, agencies, or instrumentalities of the two Governments which are concerned with aviation matters shall be directed by the respective Governments to render full cooperation and general assistance in carrying out the provisions of this agreement.

1.
General Purposes: The general purposes of this agreement shall be:
(a)
To assist the Government of Brazil in the development of civil aviation in all its phases, specifically including but not limited to flight instructor standardization, safely regulation, and airways, airport, and technological development.
(b)
To aid the Government of Brazil in establishing and conducting civil aviation training programs and to promote the interchange of technical ideas and techniques between the two Governments.
2.
Specific Undertakings on the Part of the Government of Brazil.
(a)
The Government of Brazil shall select a center and standardization school with the advice and concurrence of the Administrator of Civil Aeronautics of the United States Department of Commerce or his duly authorized representative (hereinafter referred to as the Administrator) and shall also furnish such maintenance shop, equipment, classroom and other facilities as may be deemed necessary by the Administrator.
(b)
The Government of Brazil shall bear the financial responsibility for continuing the program as outlined herein, as well as for the procurement of such equipment as may be agreed upon by the Administrator and the duly authorized representative of the Government of Brazil.
(c)
The Government of Brazil shall furnish all necessary qualified personnel, including technicians, administrative personnel, and such other qualified personnel as may be necessary to carry out the purposes and intent of this agreement, and to that end shall also make available the services and facilities of existing Brazilian aviation agencies and organizations. The Government of Brazil shall pay all salaries of personnel it furnishes.
[Here follow seven undertakings concerning personnel, space, supplies, transportation, etc.]
3.
Specific Undertakings on the Part of the Government of the United States of America:
(a)
The Government of the United States of America shall detail from the Civil Aeronautics Administration an initial maximum of three aviation technicians who shall be consultants and whose salaries and expenses shall be paid by the United States of America to work in collaboration with the personnel detailed by the Government of Brazil. The Government of the United States of America agrees to give the fullest consideration to any request from the Government of Brazil for the detail of more than three aviation technicians from the Civil Aeronautics Administration consistent with the availability of such technicians.
(b)
Such aviation consultants shall prescribe flight training course outlines, procedures and methods of flight instructions for the Brazilian civil aviation training programs.
(c)
Such aviation consultants shall be responsible to the Administrator for establishing and coordinating the program.
4.
Recall of Personnel: Each Government reserves the right to recall any personnel involved in the performance of this agreement with the understanding that an adequate force shall be maintained to carry out the requirements and performance of this agreement so long as this agreement is in effect.
5.
Revisions: No revision of this agreement shall be valid except with the approval of the Secretary of Commerce of the United States of America and the duly authorized representative of the Government of Brazil, as effected by an exchange of notes between the two Governments.
6.
Flight Authorization: The Government of Brazil shall grant to the personnel of the Government of the United States of America authorization to make flights in Brazil in United States aircraft or in Brazilian Government aircraft as necessary in the performance of this agreement.
7.
Secret or Confidential matters: The personnel furnished by the United States of America shall agree not to divulge or in any way disclose to any foreign government or to any person whatsoever any secret or confidential matter of which they may become cognizant in their respective capacities in the performance of this agreement.
8.
Force and Duration: This Memorandum of Agreement shall be made effective by an exchange of notes between the two Governments and shall continue in effect for a period of three years from the date [Page 469] of that exchange of notes or the date of the note which completes the exchange of notes as the case may be. Either Government may terminate this Agreement by giving sixty days advance notice in writing through diplomatic channels to the other Government.
  1. Infra.