ARTICLES-Continued. Section III. Rules of the air Section IV. Ballast (35). Section V. Rules for air traffic on and in the vicinity of aero- Section VI. General (49-51). gators. Section V. Medical certificates. Annex (F). International aeronautical Section II. Universal system of Annex (G). Collection and dissemina- Appendix IV. General form in Annex (H). Customs. General provisions (1-8). Regulations applicable to aircraft and goods (9-11). Air transit (12). Various provisions (13-17). The United States of America, Belgium, Bolivia, Brazil, the British Empire, China, Cuba, Ecuador, France, Greece, Guatemala, Haïti, the Hedjaz, Honduras, Italy, Japan, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Roumania, the Serb-Croat-Slovene State, Siam, Czecho-Slovakia and Uruguay, Recognising the progress of aerial navigation, and that the establishment of regulations of universal application will be to the interest of all; Appreciating the necessity of an early agreement upon certain principles and rules calculated to prevent controversy; Desiring to encourage the peaceful intercourse of nations by means of aerial communication; Have determined for these purposes to conclude a Convention, and have appointed as their Plenipotentiaries the following, reserving the right of substituting others to sign the same Convention:THE PRESIDENT OF THE UNITED STATES OF AMERICA: The Honourable Frank Lyon Polk, Under-Secretary of State; HIS MAJESTY THE KING OF THE BELGIANS: Mr. Paul Hymans, Minister for Foreign Affairs, Minister of THE PRESIDENT OF THE REPUBLIC OF BOLIVIA: Mr. Ismaël Montes, Envoy extraordinary and Minister Plenipotentiary of Bolivia at Paris; THE PRESIDENT OF THE REPUBLIC OF BRAZIL? Mr. Olyntho de Magalhães, Envoy extraordinary and Minister HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN The Right Honourable David Lloyd George, M. P., First Lord of the Treasury and Prime Minister; and For the DOMINION OF CANADA, by The Honourable Sir Albert Edward Kemp, K.C.M.G., Minister of the Overseas Forces; For the COMMONWEALTH OF AUSTRALIA, by The Honourable George Foster Pearce, Minister of Defence; For the UNION OF SOUTH AFRICA, by The Right Honourable Viscount Milner, G.C.B., G.C.M.G.; For the DOMINION OF NEW ZEALAND, by The Honourable Sir Thomas Mackenzie, K.C.M.G., High Commissioner for New Zealand in the United Kingdom; For INDIA, by The Right Honourable Baron Sinha, K.C., Under-Secretary of State for India; THE PRESIDENT OF THE CHINESE REPUBLIC: Mr. Vikyiun Wellington Koo, Envoy extraordinary and Minister THE PRESIDENT OF THE CUBAN REPUBLIC: Mr. Antonio Sanchez de Bustamante, Dean of the Faculty of Law in the University of Havana, President of the Cuban Society of International Law; THE PRESIDENT OF THE REPUBLIC OF ECUADOR: Mr. Enrique Dorn y de Alsúa, Envoy extraordinary and Minister THE PRESIDENT OF THE FRENCH REPUBLIC: Mr. Georges Clemenceau, President of the Council, Minister of HIS MAJESTY THE KING OF THE HELLENES: Mr. Nicolas Politis, Minister for Foreign Affairs; THE PRESIDENT OF THE REPUBLIC OF GUATEMALA : Mr. Joaquim Mendez, formerly Minister of State for Public Works and Public Instruction, Envoy extraordinary and Minister Plenipotentiary of Guatemala at Washington, Envoy extraordinary and Minister Plenipotentiary on special mission at Paris; THE PRESIDENT OF THE REPUBLIC OF HAÏTI: Mr. Tertullien Guilbaud, Envoy extraordinary and Minister HIS MAJESTY THE KING OF THE HEDJAZ: Mr. Rustem Haïdar; THE PRESIDENT OF THE REPUBLIC OF HONDURAS: Dr. Policarpe Bonilla, on special mission to Washington, formerly President of the Republic of Honduras, Envoy extraordinary and Minister Plenipotentiary; HIS MAJESTY THE KING OF ITALY: The Honourable Tommaso Tittoni, Senator of the Kingdom, HIS MAJESTY THE EMPEROR OF JAPAN: Mr. K. Matsui, Ambassador extraordinary and Plenipotentiary of His Majesty the Emperor of Japan at Paris; THE PRESIDENT OF THE REPUBLIC OF LIBERIA : The Honourable C. D. B. King, Secretary of State; THE PRESIDENT OF THE REPUBLIC OF NICARAGUA: Mr. Salvador Chamorro, President of the Chamber of Deputies; THE PRESIDENT OF THE REPUBLIC OF PANAMA: Mr. Antonio Burgos, Envoy extraordinary and Minister Plenipotentiary of Panama at Madrid; THE PRESIDENT OF THE REPUBLIC OF PERU: Mr. Carlos G. Candamo, Envoy extraordinary and Minister THE PRESIDENT OF THE POLISH REPUBLIC: Mr. Ignace J. Paderewski, President of the Council of Ministers, THE PRESIDENT OF THE PORTUGUESE REPUBLIC: Dr. Affonso da Costa, formerly President of the Council of HIS MAJESTY THE KING OF ROUMANIA: Mr. Nicolas Misu, Envoy extraordinary and Minister Plenipotentiary of Roumania at London; HIS MAJESTY THE KING OF THE SERBS, THE CROATS AND THE SLOVENES: Mr. Milenko R. Vesnitch, Envoy extraordinary and Minister Plenipotentiary of His Majesty the King of the Serbs, the Croats and the Slovenes at Paris; HIS MAJESTY THE KING OF SIAM: His Highness Prince Charoon, Envoy extraordinary and Minister Plenipotentiary of His Majesty the King of Siam at Paris; THE PRESIDENT OF THE CZECHO-SLOVAK REPUBLIC: Mr. Karel Kramàř, President of the Council of Ministers; THE PRESIDENT OF THE REPUBLIC OF URUGUAY: Mr. Juan Antonio Buero, Minister of Industry, formerly Minister of Foreign Affairs; Who have agreed as follows: CHAPTER I. GENERAL PRINCIPLES. ARTICLE 1. The High Contracting Parties recognise that every Power has complete and exclusive sovereignty over the air space above its territory. For the purpose of the present Convention the territory of a State shall be understood as including the national territory, both that of the Mother Country and of the colonies, and the territorial waters adjacent thereto. ARTICLE 2. Each contracting State undertakes in time of peace to accord freedom of innocent passage above its territory to the aircraft of the other contracting States, provided that the conditions laid down in the present Convention are observed. Regulations made by a contracting State as to the admission over its territory of the aircraft of the other contracting States shall be applied without distinction of nationality. ARTICLE 3. Each contracting State is entitled, for military reasons or in the interest of public safety, to prohibit the aircraft of the other contracting States, under the penalties provided by its legislation and subject to no distinction being made in this respect between its private aircraft and those of the other contracting States, from flying over certain areas of its territory. In that case the locality and the extent of the prohibited areas shall be published and notified beforehand to the other contracting States. ARTICLE 4. Every aircraft which finds itself above a prohibited area shall, as soon as aware of the fact, give the signal of distress provided in paragraph 17 of Annex (D) and land as soon as possible outside the prohibited area at one of the nearest aerodromes of the State unlawfully flown over. CHAPTER II. NATIONALITY OF AIRCRAFT. ARTICLE 5.1 No contracting State shall, except by a special and temporary authorisation, permit the flight above its territory of an aircraft which does not possess the nationality of a contracting State. ARTICLE 6. Aircraft possess the nationality of the State on the register of which they are entered, in accordance with the provisions of Section I (c) of Annex (A). ARTICLE 7. No aircraft shall be entered on the register of one of the contracting States unless it belongs wholly to nationals of such States. No incorporated company can be registered as the owner of an aircraft unless it possesses the nationality of the State in which the aircraft is registered, unless the president or chairman of the company. 1 See proposed new text in note to p. 3768 and the additional protocol, p. 3817. and at least two-thirds of the directors possess such nationality, and unless the company fulfils all other conditions which may be prescribed by the laws of the said State. ARTICLE 8. An aircraft cannot be validly registered in more than one State. ARTICLE 9. The contracting States shall exchange every month among themselves and transmit to the International Commission for Air Navigation referred to in Article 34 copies of registrations and of cancellations of registration which shall have been entered on their official registers during the preceding month. ARTICLE 10.. All aircraft engaged in international navigation shall bear their nationality and registration marks as well as the name and residence of the owner in accordance with Annex (A). CHAPTER III. CERTIFICATES OF AIRWORTHINESS AND COMPETENCY. ARTICLE 11. Every aircraft engaged in international navigation shall, in accordance with the conditions laid down in Annex (B), be provided with a certificate of airworthiness issued or rendered valid by the State whose nationality it possesses. ARTICLE 12. The commanding officer, pilots, engineers and other members of the operating crew of every aircraft shall, in accordance with the conditions laid down in Annex (E), be provided with certificates of competency and licenses issued or rendered valid by the State whose nationality the aircraft possesses. ARTICLE 13. Certificates of airworthiness and of competency and licenses issued or rendered valid by the State whose nationality the aircraft possesses, in accordance with the regulations established by Annex (B) and Annex (E) and hereafter by the International Commission for Air Navigation, shall be recognised as valid by the other States. Each State has the right to refuse to recognise for the purpose of flights within the limits of and above its own territory certificates of competency and licenses granted to one of its nationals by another contracting State. ARTICLE 14. No wireless apparatus shall be carried without a special licence issued by the State whose nationality the aircraft possesses. Such |