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Senator SHIPSTEAD. When you discussed it with Mr. Levy, you did that with the authority of the Attorney General?

Mr. ACHESON. I discussed it with the Attorney General.

Senator SHIPSTEAD. You did discuss it with him?

Mr. ACHESON. I discussed with the Attorney General one question, and that is the question which is covered in my memorandum to Senator Bailey; and that was at that time the only question I had ever heard raised on the legal matter. That was a question of the right to fly over the country. It had nothing to do with the question that we have been discussing this morning.

Senator SHIPSTEAD. The question of treaty or executive agreement was not discussed?

Mr. ACHESON. No, sir.

Senator GEORGE. Is there anything else you wish to submit?
Mr. ACHESON. No, sir; that is all.

Senator GEORGE. If not, we thank you very much, gentlemen. (Whereupon, at 12:43 p. m., the committee took up the consideration of other matters.)

CONVENTION ON INTERNATIONAL CIVIL AVIATION

MONDAY, MARCH 19, 1945

UNITED STATES SENATE,

A SUBCOMMITTEE OF THE
COMMITTEE ON FOREIGN RELATIONS,

Washington, D. C.

The subcommittee met, pursuant to call, at 10:30 a. m., in the committee room, the Capitol, Senator Walter F. George (chairman) presiding.

Present: Senators George (chairman), Pepper, and White.
Also present: Senator Brewster.

Also present: William L. Clayton, Assistant Secretary of State; Stokeley W. Morgan, Chief, Aviation Division, Office of Transportation and Communications, State Department; Stephen Latchford, adviser on air law, Aviation Division; and Edward G. Miller, Jr., Office of Assistant Secretary of State Acheson.

PROCEEDINGS

Senator GEORGE (chairman of subcommittee). This is a hearing on the Convention on International Civil Aviation, before a subcommittee of the Foreign Relations Committee.

(The Convention on International Civil Aviation is as follows:)

[Executive A, 79th Cong., 1st sess.1

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING A CERTIFIED COPY OF A CONVENTION ON INTERNATIONAL CIVIL AVIATION, CONCLUDED AT THE INTERNATIONAL CIVIL AVIATION CONFERENCE AT CHICAGO ON DECEMBER 7, 1944, AND SIGNED IN THE ENGLISH LANGUAGE BY THE RESPECTIVE PLENIPOTENTIARIES OF THE GOVERNMENTS OF THE UNITED STATES OF AMERICA, THE PHILIPPINE COMMONWEALTH, AND CERTAIN OTHER COUNTRIES

To the Senate of the United States:

THE WHITE HOUSE, March 12, 1945.

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith a certified copy of a convention on international civil aviation, concluded at the International Civil Aviation Conference at Chicago on December 7, 1944, and signed in the English language by the respective Plenipotentiaries of the Governments of the United States of America, the Philippine Commonwealth, and certain other countries, as explained more fully in the report by the Acting Secretary of State, which report I transmit herewith for the information of the Senate.

FRANKLIN D. ROOSEVELT.

(Enclosures: (1) Report of the Acting Secretary of State; (2) convention on international civil aviation (certified copy).)

147

The PRESIDENT,

The White House:

DEPARTMENT OF STATE,
Washington, March 5, 1945.

The undersigned, the Acting Secretary of State, has the honor to lay before the President, with a view to its transmission to the Senate to receive the advice and consent of that body to ratification, if his judgment approve thereof, a certified copy of a convention on international civil aviation, concluded at the International Civil Aviation Conference at Chicago on December 7, 1944, and signed as of that date, in the English language, by the respective Plenipotentiaries of the Governments of the United States of America, the Philippine Commonwealth, Afghanistan, the Commonwealth of Australia, Bolivia, Canada, Chile, China, the Dominican Republic, Ecuador, Egypt, France, Greece, Haiti, Honduras, Iceland, India, Iran, Iraq, Ireland, Lebanon, Liberia, Mexico, the Netherlands, New Zealand, Nicaragua, Peru, Poland, Portugal, Spain, Sweden, Syria, Turkey, the United Kingdom of Great Britain and Northern Ireland, and Uruguay. The respective Plenipotentiaries of the Governments of Guatemala and Norway signed the convention on January 30, 1945. The Minister of Denmark in Washington and the Minister of Thailand in Washington were present at the International Civil Aviation Conference in their respective personal capacities and affixed their signatures to the convention.

The provisions of the convention are designed to give effect to certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air-transport services may be established on the basis of equality of opportunity and operated soundly and economically. The signatory governments have, by this convention, indicated their recognition of the fact that the future development of international civil aviation can help greatly to create and preserve friendship and understanding among the nations and peoples of the world and, furthermore, that it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which the peace of the world depends.

Attention is invited to the final paragraph of the convention. Although it is stated in that paragraph that the convention is "Done at Chicago the seventh day of December 1944, in the English language," it is provided therein also as follows: "A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C.” Under ordinary circumstances it would be considered proper, in view of a provision such as this, to delay the transmission of the convention to the Senate until there had become available for that purpose a certified copy of the convention as signed in all the languages which are to have equal authenticity. However, the Department of State is informed that the French and Spanish versions have not been completed and it is anticipated that it may be a considerable time before it will be possible to have the convention signed at Washington in the three-language text.

Considering that the English version to be signed at Washington will be the same in all respects as the English text drawn up for signature at Chicago, a certified copy of which is enclosed herewith, and considering also that the French and Spanish versions, when completed, are to correspond exactly as a matter of substance with the English version, it has been decided that it would be advisable to have the convention brought to the attention of the Senate without delay. It is believed that this action, while not strictly in accordance with the customary procedure in relation to the transmission of treaties to the Senate, will serve to expedite consideration of the convention by the Senate.

The convention is divided into four parts: Part I, relating to air navigation; part II, relating to the International Civil Aviation Organization; part III, relating to international air transport; and part IV, containing the final provisions. The convention likewise is divided into 22 chapters, dealing in order with the following matters: General principles and application of the convention (I); flight over territory of contracting States (II); nationality of aircraft (III); measures to facilitate air navigation (IV); conditions to be fulfilled with respect to aircraft (V); international standards and recommended practices (VI); the Organization (VII); the Assembly (VIII); the Council (IX); the Air Navigation Commission (X); personnel (XI); finance (XII); other international arrangements (XIII); information and reports (XIV); airports and other air navigation facilities (XV); joint operating organizations and pooled services (XVI); other aeronautical agreements and arrangements (XVII); disputes and default (XVIII);

war (XIX); annexes (XX); ratifications, adherences, amendments, and denunciations (XXI); and definitions (XXII).

The articles of the convention which contain the specific provisions are numbered article 1 to article 96, inclusive. For the purposes of the present report, it is believed to be unnecessary to undertake a detailed analysis of the provisions of the convention. A marginal note accompanying each of the articles indicates the subject matter thereof. Particular attention is given here to a few of the significant provisions.

The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory (art. 1).

The right of nonscheduled flight is extended to civil aircraft, subject to certain limitations (art. 5). It is provided, however, that no scheduled international air service may be operated over or into the territory of a contracting State except with the special permission or authorization of that State (art. 6).

The convention provides that each contracting State shall have the right to refuse to the aircraft of other contracting States the privilege of taking on in its territory passengers, mail, and cargo carried for remuneration or hire and destined for another point within its territory, and that arrangements shall not be made whereby any such privilege may be granted or obtained on an exclusive basis (art. 7).

Each contracting State reserves the right to establish prohibited areas for reasons of military necessity or public safety and, in certain circumstances and on a nondiscriminatory basis, to restrict or prohibit temporarily flying over the whole or any part of its territory (art. 9).

The convention contains provisions relating to the adoption of international standards and procedures with respect to aircraft, personnel, airways, and auxiliary services (art. 37).

Provisions relating to the establishment, objectives, and functions of the International Civil Aviation Organization, the Assembly and Council thereof, and the Air Navigation Commission, and to the personnel and finances of the Organization, comprise part II of the convention (arts. 43 to 66, inclusive).

As between the contracting States, this convention supersedes the Paris convention of October 13, 1919, relating to the regulation of aerial navigation and the Habana convention of February 20, 1928, on commercial aviation (art. 80). The United States of America is not a party to the Paris convention of 1919, but is a party to the Habana convention of 1928 together with certain other of the American republics. The Habana convention of 1928 is printed in the United States Statutes at Large, volume 47, part 2, page 1901.

Aeronautical agreements in existence at the time the convention comes into force are to be registered with the Council (art. 81).

The contracting States accept the convention as abrogating all obligations or understandings between them which are inconsistent with the terms of the convention, and undertake not to enter into such obligations and understandings (art. 82).

It is provided that contracting States may make arrangements not inconsistent with the provisions of the convention, and that any such arrangement shall be registered with the Council (art. 83).

In case of war, or in the case of any contracting State which declares a state of national emergency and notifies the fact to the Council, the provisions of the convention shall not affect the freedom of action of any contracting State affected, whether as belligerent or as neutral (art. 89).

The final provisions of the convention relate to ratification by signatory States, adherence by nonsignatory States, admission of certain other States to participation in the convention, the method for effecting amendments to the convention, and the right of any contracting State to give notice of denunciation 3 years or more after the convention comes into effect (arts. 91 to 95, inclusive). It is provided in paragraph (b) of article 91 that as soon as the convention has been ratified or adhered to by 26 States it shall come into force between them on the 30th day after deposit of the twenty-sixth instrument, and shall come into force for each State ratifying thereafter on the 30th day after the deposit of its instrument of ratification. Under paragraph (b) of article 92, the convention shall take effect with respect to an adhering State as from the 30th day from the receipt by the Government of the United States of America of the notification of adherence. Respectfully submitted.

JOSEPH C. GREW. (Enclosure: Convention on international civil aviation (certified copy).)

CONVENTION ON INTERNATIONAL CIVIL AVIATION

PREAMBLE

WHEREAS the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; and

WHEREAS it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which the peace of the world depends;

THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport serrvices may be established on the basis of equality of opportunity and operated soundly and economically;

Have accordingly concluded this convention to that end.

PART I. AIR NAVIGATION

CHAPTER I. GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION

ARTICLE 1. SOVEREIGNTY

The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.

ARTICLE 2. TERRITORY

For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.

ARTICLE 3. CIVIL AND STATE AIRCRAFT

(a) This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft.

(b) Aircraft used in military, customs and police services shall be deemed to be state aircraft.

(c) No state aircraft of a contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof.

(d) The contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft.

ARTICLE 4. MISUSE OF CIVIL AVIATION

Each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention.

CHAPTER II. FLIGHT OVER TERRITORY OF CONTRACTING STATES

ARTICLE 5. RIGHT OF NONSCHEDULED FLIGHT

Each contracting State agrees that all aircraft of the other contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.

Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable.

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