CONVENTION ON INTERNATIONAL CIVIL AVIATION TUESDAY, FEBRUARY 20, 1945 UNITED STATES SENATE, COMMITTEE ON FOREIGN RELATIONS, Washington, D. C. The committee met at 9:30 a. m., pursuant to call, in the committee room in the Capitol, Senator Walter F. George presiding. Present: Senators George (presiding), Pepper, Green, Lucas, Guffey, Tunnell, La Follette, Vandenberg, White, Shipstead, Wiley, Bridges, and Austin. Also present: Senators Bailey and Brewster. Also present: Dean Acheson, Assistant Secretary of State; Stokeley W. Morgan, Chief, Aviation Division, Office of Transportation and Communications, State Department; and L. Welch Pogue, Chairman, Civil Aeronautics Board. The committee had under consideration a proposed convention on international civil aviation. 127409 [Executive A, 79th Cong., 1st sess.l 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 THE WHITE HOUSE, March 12, 1945. To the Senate of the United States: 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). The PRESIDENT, The White House: DEPARTMENT OF STATE, The undersigned, the Acting Secretray 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, 1 Afghanistan, the Commonwealth of Australia, Bolivia, Canada, Chile, China, Kingdom of Great Britain and Northern Ireland, and Uruguay 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 cambelp greatly to create and preserve friendship and O among the nations and peoples of the world and, furthermore, that it is desirable 79lto avoid friction and to promote that cooperation between nations and peoples upon on which the peace of the world depends Al Ibogas 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 Tolol 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." RUnder 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 ch are to have equal authenticity. Howthat purpose a certified copy of the convention as signed in all the languages ever, 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, MOITAV Considering that the English version to be signed at Washington will be the paorsame in all respects as the English h text drawn up for signature at Chicago, a certified copy of which is enclosed herewith, and considering also that the French 40 and Spanish versions, when completed, are to correspond exactly as a matter of 21 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 2004 serve to expedite consideration of the convention by Senate. The convention divided into four parts: Part I relating to air navigation; part t 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); to fight over territory contracting States (11) nationality of aircraft (III); measures to facilitate te air navigation (IV); conditions to be fulfilled with respect avto aircraft (V), international standards and recommended practices (VI); the Organization (VII); the Assembly (VIII); the Council (IX); the Air Navigation O do 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 0481 aeronautical agreements and arrangements (XVII), disputes and default (XVIII) war (XIX); annexes (XX); ratifications, adherences, amendments, and denunciations (XXI); and definitions (XXII). 23 T bered cles of the convention which contain the specific provisions are num 1 to article 96, inclusive. For the purposes of the present report, Dit 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 For the subject matter thereof. Particular attention is given here to a few of the sigtonificant provisions. MOMSIVA IVIo is voltad The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory (art. 1).15 212emuravo) 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 operafed over or into the territory of a contracting State except with the special permission or authorization of that State (art. 6). ZGITAIVA SAMOL MATAI ZO MOITA 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 logs 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 ing 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 soon as the convention has been fied or adhered to by 26 States it shall come into force between them on the 30th day after deposit of thereafter on the 30th day after the deposit of its instrument the twenty-sixth instrument, and shall come into force for each State ratifying 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.S (Enclosure: Convention on international civil aviation (certified copy).) 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 A WHEREAS it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which the peace of the world depends; 1 81 སྶ 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 services may be established on the basis of equality of opportunity and operated soundly and economically; 19430 vas moti 939lving Have accordingly concluded this convention to that end. J f 3 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 H. 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 desirto 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. ARTICLE 6. SCHEDULED AIR SERVICES No scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorization of that State, and in accordance with the terms of such permission or authorization. ARTICLE 7. CABOTAGE Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State. ARTICLE 8. PILOTLESS AIRCRAFT No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a contracting State without special authorization by that State and in accordance with the terms of such authorization. Each contracting State undertakes to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft. ARTICLE 9. PROHIBITED AREAS (a) Each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly the aircraft of other States from flying over certain areas of its territory, provided that no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other contracting States likewise engaged. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Descriptions of such prohibited areas in the territory of a contracting State, as well as any subsequent alterations therein, shall be communicated as soon as possible to the other contracting States and to the International Civil Aviation Organization. (b) Each contracting State reserves also the right, in exceptional circumstances or during a period of emergency, or in the interest of public safety, and with immediate effect, temporarily to restrict or prohibit flying over the whole or any part of its territory, on condition that such restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States. (c) Each contracting State, under such regulations as it may prescribe, may require any aircraft entering the areas contemplated in subparagraphs (a) or (b) above to effect a landing as soon as practicable thereafter at some designated airport within its territory. ARTICLE 10. LANDING AT CUSTOMS AIRPORT Except in a case where, under the terms of this Convention or a special authorization, aircraft are permitted to cross the territory of a contracting State without landing, every aircraft which enters the territory of a contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organization established under Part II of this Convention for communication to all other contracting States. ARTICLE 11. APPLICABILITY OF AIR REGULATIONS Subject to the provisions of this Convention, the laws and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State. ARTICLE 12. RULES OF THE AIR Each contracting State undertakes to adopt measures to insure that every aircraft flying over or maneuvering within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable. |