Foreign Relations of the United States, 1946, The American Republics, Volume XI

811.79637/8–2046

The American Embassy to the Cuban Ministry of State⁵⁶

No. 568

The Embassy of the United States of America presents its compliments to the Ministry of State of the Republic of Cuba and has the honor to refer to its note number 522 dated July 26, 1946,⁵⁷ in which the Government of Cuba was informed that the Government of the United States on July 25, 1946 had given notice of its denunciation of the International Air Transport Agreement.⁵⁸

The Embassy also wishes to call to the attention of the Ministry of State its note number 395 dated June 3, 1946,⁵⁹ with which was forwarded Docket Number 525 et al of the Civil Aeronautics Board, outlining their decision of May 17, 1946 (Latin American Decision), as a part of which National Airlines, Chicago and Southern Air Lines, and Braniff Airways were certificated for operations to and through Cuba. It was stated in that note that the Government of the United States believed that the working out of a definite agreement for the operation of these additional air services should be the subject of inter-governmental discussions, which the United States was desirous of undertaking in the near future.

The Civil Aeronautics Board has now, however, decided to reopen this Latin American decision in so far as services between the United States and the Canal Zone are concerned, and this makes it desirable to defer the conclusion of a permanent agreement between the Governments of the United States and Cuba until after the case is finally decided.

The Embassy has been requested, therefore, to endeavor to conclude with the Cuban Government, through an exchange of notes if possible, an interim agreement to cover operations by the United States airlines certificated under the Civil Aeronautics Board’s decision of May 17, 1946, in order to obtain for duly authorized United States airlines rights of transit and non-traffic stop in the territory of Cuba, as well as the right to pick up and discharge international traffic in passengers, cargo and mail at the indicated Cuban points on the following routes:

1. Miami to Camagüey and Santiago, thence to South America via intermediate points in the Caribbean, in both directions, and to render non-stop services between any of the points not consecutively named in the description of this route. (This route is at present operated by Pan American Airways).

2. Miami to Habana and thence to Mérida, Mexico and beyond; in both directions. (This route is at present operated by Pan American).

3. Miami to Cienfuegos and thence via intermediate points to the Panama Canal Zone and beyond; in both directions. (This route is at present operated by Pan American Airways).

4. The co-terminals Tampa and Miami to Habana; in both directions. (This route is to be operated by National Airlines).

5. The co-terminals Houston and New Orleans to Habana and thence (a) to Camagüey and via intermediate points to Puerto Rico, and (b) to Venezuela via intermediate points; in both directions. (This route is to be operated by Chicago and Southern Airlines).

6. Houston to Habana, thence to the Panama Canal Zone and beyond to points in South America; in both directions. (This route is to be operated by Braniff Airways).

As indicated, the Government of the United States is of the opinion that acceptance by the Cuban Government of the above proposals would constitute a satisfactory temporary agreement which would cover the operations in question pending the conclusion of a formal bilateral air transport agreement, and the Embassy therefore expresses the hope that such an acceptance may be received.⁶⁰

The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of State the assurance of its highest consideration.

Habana, August 14, 1946.

56. Copy transmitted to the Department in despatch 2054, August 20; received August 21. This note was presented to the Cuban Government in response to the Department’s instruction (airgram 1009, August 7, 811.79637/7–2246) that the Embassy endeavor to effect an interim arrangement, by an exchange of notes, pending the conclusion of a bilateral aviation agreement between the United States and Cuba, to cover operations by United States airlines certificated under the Civil Aeronautics Board decision of May 17, 1946, referred to in the note here printed.
57. Not printed.
58. The international air transport agreement of December 7, 1944 (Department of State Executive Agreement Series No. 488), provided for the grant by each contracting state to other contracting states of the “five freedoms” of the air in respect of scheduled international air services.
59. Not printed.
60. In despatch 2205, September 24, 1946, Ambassador Norweb pointed out that the Cuban aviation authorities were not favorably disposed to enter into such an interim arrangement which would constitute a blanket permit for the lines recently certificated by the Board to operate to Cuba, because such a blanket permit could not be made binding upon the Cuban Government without Congressional authority. They therefore proposed that these newly certificated airlines continue the existing practice of obtaining individual Cuban Government permits pending the conclusion of a formal bilateral agreement. (811.79637/9–2446)