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660P.1111/6

The Chargé in Latvia (Cole) to the Secretary of State

No. 1657

RIGA, October 13, 1933. [Received October 26.]

SIR: In compliance with the last paragraph of the Department's instruction No. 182, dated April 4, 1933, I have the honor to report that during the September 1933 quarter no new legislation operating to restrict or discriminate against American trade has been enacted in Latvia, nor have any specific instances of discrimination come to the attention of the Legation or Consulate.

Respectfully yours,

FELIX COLE

NETHERLANDS

PROPOSAL FOR THE ESTABLISHMENT OF A RECIPROCAL AIR NAVIGATION ARRANGEMENT BETWEEN THE UNITED STATES AND THE NETHERLANDS 1

711.5627/58

The Netherlands Minister (Van Royen) to the Secretary of State

No. 761

WASHINGTON, March 29, 1933. SIR: With reference to Mr. Stimson's letter of the 16th of November last, No. 711/5627/46[54a],2 I have the honor, acting on instructions from the Minister of Foreign Affairs at The Hague, to enclose a copy of a decision of the Minister of Public Works at The Hague (Minister van Waterstaat) of the 23rd of February of this year, No. 473, containing general regulations concerning the admission on certain conditions of American Aircraft in The Netherlands.

The promulgation of the regulations above referred to is due to a wish. on the part of the Netherland Government to facilitate immediately as much as possible, the admission of American Aircraft into The Netherlands also during the period that the Air Navigation Arrangement concluded between The Netherlands and the United States of America 3 has not yet entered into force.

Please accept [etc.]

J. H. VAN ROYEN

[Enclosure-Translation]"

Netherlands Ministry of Public Works Decree No. 473,
February 23, 1933

The Minister of Public Works,

Considering that it is desirable, as long as the Air Navigation Agreement concluded on November 16, 1932 between Holland and the United States of America shall not have come into effect as a result of approval by the States General, to effect a general regulation for the admittance of American aircraft into this country;

1 Continued from Foreign Relations, 1932, vol. п, pp. 492–499.

2 Ibid., p. 492.

3 By exchange of notes, November 16, 1932; see ibid., pp. 492, 497.

• Translation of preamble supplied by the editors; remainder of translation taken from the text printed in Department of State, Press Releases, May 27, 1933, p. 400.

Having taken note of articles 6 and 15 of the Air Navigation Act; HAS APPROVED THE FOLLOWING STIPULATIONS:

I. Without prejudice to the provisions of Article 11 of the Air Navigation Act, exemption is granted from the prohibition clauses contained in Articles 6 and 15 of the Air Navigation Act, on behalf of aircraft registered in the Air Navigation Register of the United States of America, provided they are not transport aeroplanes, and provided the following conditions are complied with:

1. The planes must bear the registration marks that are allotted by the competent authority in the United States of America, as well as all other marks that are required by the air navigation legislation of that country.

2. The planes must be provided with valid certificates of registration and airworthiness issued or declared to be valid by the United States of America and they must carry aircraft, engine, and journey log books. 3. The pilots must be provided with valid certificates of competence, issued or declared valid by the United States of America.

4. The other members of the crews of aircraft must have documents in their possession showing their duties on board, their calling, identity and nationality. In so far as they do work on board for which a special license is required in the United States of America they must be provided with licenses issued or declared to be valid by the competent authorities there.

5. No installation for the transmission of wireless reports of any nature whatsoever shall be carried without special permission issued by the competent authorities in the United States of America. Such installations may only be used by members of the crews who are provided with a special license issued for that purpose by the competent authorities in the United States of America.

II. This decree comes into effect on the date of its signature. It shall lapse on the date when the Air Navigation Agreement mentioned at the beginning hereof shall come into force.

For the Minister: The Secretary General G. VAN DER MEULEN

711.5627/60

The Secretary of State to the Netherlands Minister (Van Royen)

[WASHINGTON,] May 6, 1933.

SIR: I have the honor to refer to your note of March 29, 1933, in regard to the conditions under which American registered civil aircraft may enter the Netherlands pending the coming into force of the air

5 The Netherlands authorities informed the American Legation at The Hague that the term "transport aeroplanes" shall be understood to mean aircraft engaged in the commercial transportation of goods or persons (711.5627/59).

navigation agreement concluded between the Government of the United States and the Government of the Netherlands on November 16, 1932.

I now take pleasure in informing you that until such time as the agreement referred to becomes effective, civil aircraft registered in the Air Navigation Register of the Netherlands with the exception of aircraft engaged in the commercial transportation of persons or goods will be permitted to enter continental United States of America, exclusive of Alaska, under the conditions set forth below:

[Here follows the text of paragraphs numbered 1, 2, 3, 4, 5, mutatis mutandis, printed supra.]

6. Air navigation regulations in force in the United States including those relating to the entry and clearance of aircraft must be observed. I shall be glad to have you communicate the foregoing to your Government.

Accept [etc.]

For the Secretary of State:
FRANCIS WHITE

711.5627/63: Telegram

The Secretary of State to the Minister in the Netherlands (Swenson)

WASHINGTON, September 18, 1933-7 p.m.

28. Department's 1496, January 9, 1933. Aviation arrangements in course of negotiation with other countries provide for exclusion of Philippine Islands, Hawaiian Islands and Panama Canal Zone from their operation. Ascertain from Netherland authorities whether they can withdraw arrangement from Parliament so as to amend Article 1. If so, you should propose that Clause A of Article 1 be amended as follows: transpose the words "including territory over sea and territorial waters" by placing them after the word "colonies" and insert the words "with the exception of the Philippine Islands, Hawaiian Islands and the Panama Canal Zone" after the word "jurisdiction".

If, because of desire to limit number of Netherland possessions, Netherland authorities should definitely reject above proposal this Government would be willing to consider revision of Article 1 to read:

"For the purpose of the present arrangement the term 'territory' shall be understood to mean the United States of America, the Netherlands and likewise the following possessions, territories and colonies, including territorial waters, over which they respectively exercise jurisdiction:

(a) Alaska, Puerto Rico, Virgin Islands of the United States and American Samoa.

(b) [Here insert names of Netherland possessions.]"

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The term 'aircraft' shall be understood to embrace private aircraft and commercial aircraft including state aircraft used exclusively for commercial purposes."

If Netherland authorities insist upon second formula Department should be advised as to what Netherland possessions they desire to have named in sub-paragraph (b).

For your information and guidance. Should second formula be adopted this Government would be pleased if Netherland authorities could insert in sub-paragraph (b) names of the Netherland possessions of the Western Hemisphere, as well as any others they may be disposed to specify.

You should state that Aleutian Islands and Island of Guam would be considered among prohibited areas referred to in first paragraph of Article 4 of air navigation arrangement over which flights may not be made without authorization.

Ascertain also whether it would be agreeable to have new exchange of notes with Netherland Legation Washington including any revision of Article 1.

HULL

711.5627/69

The Minister in the Netherlands (Swenson) to the Secretary of State No. 792

THE HAGUE, October 17, 1933. [Received October 28.]

SIR: With reference to my despatch No. 785, of the tenth instant, I have the honor to report that Mr. E. Th. de Veer, the Chief of the Air Navigation Service of the Ministry of Public Works, called on the Counselor of the Legation today to discuss the Department's last proposal regarding the air navigation arrangement under negotiation between the United States and Holland.

Mr. de Veer said that he had discussed this matter with officials at the Colonial Ministry and that it was their opinion as well as his own that it would be impossible to amend Clause A of Article 1 of the arrangement in a manner which would make an exception of the Philippine Islands, the Hawaiian Islands, and the Panama Canal Zone although Dutch colonial possessions were not to be considered exceptions. He added that the arrangement as it now stands had been passed upon by the Government of the Netherlands Indies and by the Volksraad and that he did not believe that these bodies would sanction an amendment which did not provide for reciprocal treatment as regards the Indies

8 Not printed.

Hallett Johnson.

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