501.BB Palestine/7–1448
The Acting Secretary of State to the Chairman of the Civil Aeronautics Board (O’Connell)
My Dear Mr. O’Connell: As you are aware all aircraft are considered implements of war by virtue of Presidential Proclamation 2776 of March 26, 1948. As such, exports of aircraft are subject to licensing controls exercised by the Department of State. In accordance with Departmental policy licenses to export arms, ammunition and implements of war, including aircraft and components, to countries of the Middle East are being denied.
Moreover, it is the announced foreign policy of this Government [Page 1219] that it shall not aid or abet either faction to the strife in the Middle East and it has called upon United States authorities to take all possible steps to assist in the implementation of this policy. This Government is on record before the UN Security Council that it may be necessary to request the Council to declare the Holy Land situation a formal threat to peace. The specific countries to which this neutrality applies are Palestine, Egypt, Iraq, Syria, Lebanon, Saudi-Arabia, Trans Jordan and Yemen.
It has come to the Department’s attention that several non-certificated irregular air carriers operating under Letters of Registration issued by the Civil Aeronautics Board are allegedly engaged in transporting munitions into the Middle East area. Actions of this nature by American citizens are regarded as inconsistent with the established policy and security safeguards of the U.S. and as such are contrary to the public interest.
In addition, Letters of Registration frequently provide the basis for obtaining customs clearance at the time of departures from the U.S. of aircraft purported to be leaving on temporary sojourns abroad. In this connection, attention is invited to Section 201.34 and 201.35 of Title 22, Code of Fed. Regs. The sale abroad of such aircraft or components thereof constitutes a violation of the export control laws.
It is my understanding that approximately 100 Letters of Registration have been issued for aircraft weighing over 10,000 pounds gross take-off weight. Many of these engage in overseas operations.
In view of the foregoing, it is suggested that consideration be given to advising all holders of CAB Letters of Registration for “large irregular carriers,” that during the period of the Palestine disturbance and throughout the existence of the arms embargo to the Middle East, this Government looks with disfavor upon the transportation by U.S. air carriers of war material or fighting personnel into the countries mentioned herein, from any point in the world. In addition, it may be well to advise these carriers that departures from the U.S. of aircraft destined for the Middle East must be disclosed to Customs officials at the time of customs clearance. This would enable the Department to observe, through its Missions abroad, the nature of the cargoes of such aircraft for possible discovery of contraband.
If appropriate, these air carriers should be warned that in cases of non-compliance with the foregoing requirements or upon receipt of proof of their participation in activities of a nature inconsistent with the established foreign policy of this Government, remedial action with respect to their Letters of Registration will be taken. It is assumed that the Board will find that such corrective measures are required in the public interest.
Sincerely yours,