The Acting Secretary of State to the Ambassador in Brazil ( Pawley )
1152. For attention Landis. Language proposed item 1 your 1500 Aug 2686 still causes Dept concern due to possible complications, and following revision suggested.
“With respect to the exportation of finished products, semi-manufactured products and raw materials suitable and fit for civil aviation, each contracting party shall accord to the other contracting party treatment no less favorable than that which it accords to any third country. Each contracting party also undertakes, with respect to permitting technical assistance from within its territory for the development of civil aviation in the territory’ of the other contracting party, to accord to the airlines of such other contracting party fair and equitable treatment as compared with the treatment which it accords to the airlines of any third country. It is understood, however, that nothing herein shall be construed to prevent the adoption or enforcement by either contracting party, in time of war or other national emergency, of measures relating to the protection of its essential security interests.”
Confirming telephone conversation Wed between Landis Gewirtz and Walstrom, CAB agrees with all proposals your 1500 and 1505 Aug. 26 but has comments on three points.
- Point 1. Re Mexican clause in Art 6 CAB now prefers definite stipulation that substantial ownership and effective control be vested in each respective party, rather than present reservation of right to revoke if this not the case.
- Point 2. US route 6 may have future importance and should be retained if Brazilians agreeable.
- Point 3. CAB questions necessity for Brazilian route 4. However CAB does not insist on any of these points at risk of sacrificing agreement.
Re Item 8 your 1500 Aug 26 Depts experience has been that when agreements are not reviewed and approved in toto before conclusion there are frequently errors and ambiguities which are difficult to correct once agreement signed. However Dept recognizes overriding importance of getting Brazilian agreement soonest possible and therefore willing to make exception, hereby authorizing conclusion of agreement on basis Embtels 1500 and 1505 Aug 26 and revised language suggested above. Please consult Dept before making substantive revisions. Both Pawley and Landis should sign for US.
Comparison of Portuguese and English texts forwarded Embs despatch 353 July 2587 indicate Portuguese version of approved articles in body of agreement to be satisfactory but suggest further minor changes in English version for closer conformity. These suggestions being sent separate telegram and should be incorporated English text if possible.