862S.01/2–446

The Acting Secretary of State to the British Ambassador (Inverchapel)

secret

Excellency: I have the honor to refer further to your communication of February 4, 1946 (No. 71; Ref. 419/19/46) in which the United Kingdom Government transmitted to this Government drafts of the terms under which the United Kingdom proposes to place the mandated territories of Tanganyika, the Cameroons, and Togoland under the trusteeship system of the United Nations in accordance with Article 77 of the Charter. In addition to its orginal comments, transmitted to the British Embassy in a note of May 7, 1946, the United States Government, which is still considering the revised draft for Tanganyika sent to Mr. Gerig by Mr. Middleton in a letter dated July 31, 1946 desires to suggest at this time the following clause for inclusion as the final paragraph of Article 9 of the drafts:

“Nothing in this article shall be so construed as to accord traffic rights to aircraft flying into and out of the trust territory. Such rights shall be subject to agreement between the administering authority and the state whose nationality such aircraft possess.”

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The inclusion of this paragraph seems desirable since, in the view of the Government of the United States, aviation traffic rights (taking on and discharge of passengers, cargo, and mail) require special treatment in accordance with the Chicago Convention on International Civil Aviation and with relevant bilateral treaties.11

Accept, Excellency, the renewed assurances of my highest consideration.12

William L. Clayton
  1. For documentation regarding U.S. policy with respect to international civil aviation matters, see pp. 1450 ff.
  2. Similar notes of even date, mutatis mutandis, were sent to the French Ambassador (Bonnet) and the New Zealand Minister (Berendsen); text cabled to the Charge” in Australia (Russell) for communication to the Australian Government, in telegram 194, September 20 (501.BB/9–2046).