832.7962/83a: Telegram

The Acting Secretary of State to the Ambassador in Brazil (Caffery)

3180. The Department has had discussions with the War Department, including General Bragdon40 and General Walsh,41 and with officials of Pan American Airways concerning the desirability of proposing to the Brazilian Government an extension of decree-law no. 3462 of July 25, 1941.42

The Pan American Airways officials and the War Department expressed the hope that the decree-law could be extended; the former because of a natural and understandable desire to protect for as long a period as possible the priority of its position, and the latter because of the fear that any change in present arrangements would cause complications and delays in the completion of the work now going on.

The Department would be disposed to support an extension and modification of decree-law no. 3462. In any event, there should be an endeavor to secure (1) a satisfactory definition of “accessory facilities” and (2) some assurances that facilities installed by Panair do Brasil with its own funds will not be jeopardized by the interpretation of “facilities” advanced by General Gomes.43 It is also important [Page 634] that any renewal of the decree be so worded and generalized that all rights and privileges obtained by Pan American Airways or Panair do Brasil through expenditures made by United States Government funds would be extended to any other United States flag airlines which may be certificated to operate in Brazil. There is considerable question of the propriety of this Government’s urging or supporting any arrangement which would enable a single United States company to obtain special advantages over other United States companies in the use of facilities paid for with United States public funds, unless it be impossible to secure the rights at all in any other way.

The War Department is anxious that present arrangements with respect to construction work, as covered in decree-law no. 3462, be continued until all the work is terminated, possibly within 4 months. The War Department points out that to change the administrative or supervisory arrangements at this time would probably lead to inefficiency just when it is most necessary to complete the construction with a minimum of delay.

The War Department also feels it is highly important that for the duration of the war the maintenance of the ADP45 fields (that is, navigation aids, meteorological aids, fueling facilities, upkeep of the runways and other installations, et cetera) should be supervised, at least in so far as military flights are concerned, by Panair do Brasil as at present. The War Department believes the war effort would be impaired by any changes now in the present system.

Arrangements for the maintenance of status quo in the supervision of the construction until the construction is finished and in the maintenance of facilities for the use of military aircraft would presumably be handled by an exchange of notes with the Foreign Office or an exchange of memoranda with the Air Minister. If necessary, an informal understanding between you and the Brazilians will be satisfactory.

Please inform the Department by telegram of your views concerning the possibility of concluding with the Brazilian authorities at the present time an extension of the decree-law along the suggested lines and, whether an agreement, or exchange of notes, could make necessary provision for the continuation of present arrangements as desired by the War Department.

The foregoing is urgent. The Department is working on an instruction to you setting out the various American commercial aviation expenditures and interests in respect of which we should like to protect the American position by appropriate agreement.

Berle
[Page 635]

[The Secretary of State, in telegram No. 3248, August 28, 1943 (740.00119 European War 1939/1627a), indicated that the United States and the United Kingdom had agreed with others of the United Nations that the Allied Commander in Chief should be empowered to sign with the Italian Government an instrument of surrender stipulating seventeen points. The Secretary expressed the hope that Brazil would agree to this arrangement. It appears that there were special reasons for including Brazil in the consultation which were not valid for the other American Republics. In his telegram No. 4149, August 30, 1943, Ambassador Caffery reported: “The Brazilian Government agrees” (740.00119 European War 1939/1628).]

  1. Gen. John S. Bragdon, Division Engineer, South Atlantic Division.
  2. Gen. Robert L. Walsh was responsible for liaison work on aviation activities in northeastern Brazil.
  3. The decree authorized Panair do Brasil, a subsidiary of Pan American Airways, to construct or improve certain airports in northern Brazil and to establish accessory installations.
  4. Gen. Eduardo Gomes appears to have represented Brazil in the planning of the construction of the eleven air bases.
  5. Airport Development Program.