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Zambia (Bermuda I) Air Transport Agreement of Feb 11, 1946


February 11, 1946

   
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THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Desiring to conclude an Agreement for the purpose of promoting direct air communications as soon as possible between their respective territories,

Have accordingly appointed authorised representatives for this purpose, who have agreed as follows :-

ARTICLE 1
Each Contracting Party grants to the other Contracting Party rights to the extent described in the Annex to this Agreement for 'he purpose of the establishment of air services described therein or
amended in accordance with Section IV of the Annex (hereinafter referred to as "the agreed services") .

ARTICLE 2
(1) The agreed services may be inaugurated immediately or at a later date at the option of the Contracting Party to whom the rights are granted, but not before (a) the Contracting Party to whom the rights have been granted has designated an air carrier or carriers for the specified route or routes, and (b) the Contracting Party granting the rights has given the appropriate operating permission to the air carrier or carriers concerned (which, subject to the provisions of paragraph
(2) of this Article and of Article 6, it shall do without undue delay) .

(2) The designated air carrier or carriers may be required to satisfy the aeronautical authorities of the Contracting Party granting the rights that it or they is or are qualified to fulfil the conditions p
scribed by or under the laws and regulations normally applied those authorities to the operations of commercial air carriers .

(3) In areas of military occupation, or in areas affected thereby, such inauguration will continue to be subject, where necessary, to the approval of the competent military authorities .

ARTICLE 3
(1) The charges which either of the Contracting Parties may impose, or permit to be imposed, on the designated air carrier or carriers of the other Contracting Party for the use of airports and other facilities shall not be higher than would be paid for the use of such airports (2)and facilities by its national aircraft engaged in similar international air services .

(2) Fuel, lubricating oils and spare parts introduced into, or taken on board aircraft in, the territory of one Contracting Party by, or on behalf of, a designated air carrier of the other Contracting Party and
intended solely for use by the aircraft of such carrier shall be accorded, with respect to customs duties, inspection fees or other charges imposed by the former Contracting Party, treatment not less favourable than that granted to national air carriers engaged in international air services or such carriers of the most favoured nation.

(3) Supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores retained on board aircraft of a designated air carrier of one Contracting Party shall be exempt in the territory of the other Contracting Party from customs duties, inspection fees or similar duties or charges, even though such supplies be used by such aircraft on flights within that territory .

ARTICLE 4
Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one Contracting Party and still in force shall be recognised as valid by the other Contracting Party for the purpose of operation of the agreed services . Each Contracting Party reserves the right, however, to refuse to recognise for the purpose of flight above its own territory, certificates of competency and licenses granted to its own nationals by another state.

ARTICLE 5
(1) The laws and regulations of one Contracting Party relating to entry into or departure from its territory of aircraft engaged in international air navigation or to the operation and navigation of such
aircraft while within its territory shall apply to aircraft of the designated air carrier or carriers of the other Contracting Party .

(2) The laws and regulations of one Contracting Party relating to the entry into or departure from its territory of passengers, crew, or cargo of aircraft (such as regulations relating to entry, clearance, immigration, passports, customs and quarantine) shall he applicable to the passengers, crew or cargo of the aircraft of the designated air carrier or carriers of the other Contracting Party while in the territory of the first Contracting Party .

ARTICLE 6
Each Contracting Party reserves the right to withhold or revoke the exercise of the rights specified in the Annex to this Agreement by a carrier designated by the other Contracting Party in the event that
it is not satisfied that substantial ownership and effective control of such carrier are vested in nationals of either Contracting Party, or in case of failure by that carrier to comply with the laws and regulations referred to in Article 5 hereof, or otherwise to fulfil the conditions under which the rights are granted in accordance with this Agreement and its Annex .

ARTICLE 7
This Agreement shall be registered with the Provisional International Civil Aviation Organisation set up by the Interim Agreement on International Civil Aviation signed at Chicago on December 7,
1944j]

ARTICLE 8
Except as otherwise provided in this Agreement or its Annex, if either of the Contracting Parties considers it desirable to modify the terms of the Annex to this Agreement, it may request consultation between the aeronautical authorities of both Contracting Parties, such
consultation to begin within a period of sixty days from the (late of the request . When these authorities agree on modifications to the Annex, these modifications will come into effect when they have been confirmed by an Exchange of Notes through the diplomatic channel .

ARTICLE 9
Except as otherwise provided in this Agreement or in its Annex, any dispute between the Contracting Parties relating to the interpretation or application of this Agreement or its Annex which cannot be settled through consultation shall be referred for an advisory report to the Interim Council of the Provisional International Civil Aviation Organisation (in accordance with the provisions of Article III Section 6 (8) of the Interim Agreement on International Civil Aviation signed at Chicago on December 7, 1944) or its successor .

ARTICLE 10
The terms and conditions of operating rights which may have been  granted previously by either Contracting Party to the other Contracting Party or to an air carrier of such other Contracting Party
shall not be abrogated by the present Agreement . Except as may be  modified by the present Agreement, the general principles of the air navigation arrangement between the two Contracting Parties, which was effected by an Exchange of Notes dated March 28 and April 5, 1935, shall continue in force in so far as they are applicable to scheduled international air services, until otherwise agreed by the Contracting Parties .

I [Executive Agreement Series 469 .1

ARTICLE 11
If a general multilateral air Convention enters into force in relation to both Contracting Parties, the present Agreement shall be amended so as to conform with the provisions of such Convention .

ARTICLE 12
For the purposes of this Agreement. and its Annex, unless the context otherwise requires :

(a) The term "aeronautical authorities" shall mean, in the case of the united States, the Civil Aeronautics Board and any person or body authorised to perform the, functions presently exercised by the Board or similar functions, and, in the case of the United Kingdom, the Minister of Civil Aviation for the time being, and any person or body authorised to perform any functions presently exercised by the Said Minister or similar functions .

(b) The term "designated air carriers" shall mean the air transport enterprises which the aeronautical authorities of one of the Contracting Parties have notified in writing to the aeronautical authorities of the other Contracting Party as the air carriers designated by it in accordance with Article 2 of this Agreement for the routes specified in such notification .

(c) The term "territory" shall have the meaning assigned to it by  Article 2 of the Convention on International Civil Aviation signed at Chicago on December 7, 1944 . [']

(d) The definitions contained in paragraphs (a), (b) and (d) of Article 96 of the Convention on International Civil Aviation signed at. Chicago on December 7, 1944 shall apply .

ARTICLE 13
Either Contracting Party may at any time request consultation with the other with a view to initiating any amendments of this Agreement or its Annex which may be desirable in the light of experience
. Pending the outcome of such consultation, it shall be open to either Party at any time to give notice to the other of its desire to terminate this Agreement . Such notice shall be simultaneously
communicated to the Provisional International Civil Aviation Organisation or its successor . If such notice is given, this Agreement shall terminate twelve calendar months after the date of receipt
of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period .  In the. absence of acknowledgment of receipt by the other Contracting Party notice shall be deemed to have been received fourteen days after the receipt of the notice by the Provisional International Civil Aviation Organisation or its successor.

11 International Civil Aviation Conference, Chicago, Illinois, November 1 to Decem .
ber 7, 1 .944, Final Act and lielaled Documents, pp . 59-86 .1

ARTICLE 14
This Agreement, including the provisions of the Annex hereto, will come into force on the day it is signed .

IN WITNESS whereof the undersigned, being duly authorised thereto by their respective Governments, have signed the present Agreement .

DONE in duplicate this eleventh day of February Nineteen-hundredand-forty-six at Bermuda .
For the Government of the United States of America

GEORGE P. BAKER
HARLLEE BRANCH
STOKELEY W. MORGAN
GARRISON NORTON
L. WELCH POGUE
OSWALD RYAN.
For the Government of the United Kingdom of Great Britain and
Northern Ireland
A . H. SELF
W. P. HILDRED
W J BIGG.
L . J. DUNNETT
PETER G. MASLFIELD
7

[No. 15071

ANNEX

For the purposes of operating air services on the routes specified
below in Section III of this Annex or as amended in accordance with
Section IV hereof, the designated air carriers of one of the Contracting
Parties shall be accorded in the territory of the other Contracting
Party the use on the said routes at each of the places specified therein
of all the airports (being airports designated for international air services),
together with ancillary facilities and rights of transit, of stops
for non-traffic purposes and of commercial entry and departure for
international traffic in passengers, cargo and mail in full accord and
compliance with the principles recited and_agreed_in the Final Act of
the Conference on Civil Aviation held between the Governments of
the United States and of the United Kingdom at Bermuda from Jannary
15 to February 11, 1946, and subject to the provisions of Sections
"#*~II and V of this Annex .

II

(a) Rates to he charged by the air carriers of either Contracting
Party between points in the territory of 1•he United States and points
in the territory of the United Kingdom referred to in this Annex shall
be subject to the approval of the Contracting Parties within their
respective constitutional powers and obligations . ].n the event of disagreement
the matter in dispute shall be handled as provided below.

(b) The Civil Aeronautics Board of the United States having announced
its intention to approve the rate conference machinery of
the International Air Transport Association (hereinafter called
"IATA"), as submitted, for aa period of one year beginning in February,
1646, any rate agreements concluded through this machinery during
this period and involving United States air carriers will be subject to
approval by the Board .

(c) Any new rate proposed by the air carrier or carriers of either
Contracting Party shall be filed with the aeronautical authorities of
both Contracting Parties at least thirty days before the proposed date
of introduction ; provided that this period of thirty days may be reduced
in particular cases if so agreed by the aeronautical authorities
of both Contracting Parties .

(d) The Contracting Parties hereby agree that where :

(1) (luring the period of the Board's approval of the IATA rate
conference machinery, either any specific rate agreement is not
approved within a reasonable time by either Contracting Party
or a conference of IATA is unable to agree on a rate, or
(2) at any time no I ATA machinery is applicable, or
(3) either Contracting Party at any time withdraws or fails to
renew its approval of that part of the IATA rate conference
machinery relevant to this provision,
the procedure described in paragraphs (e), (f) and (g) hereof shall
apply.

(e) In the event that power is conferred by law upon the aeronautical
authorities of the United States to fix fair and economic rates for the
transport of persons and property by air on international services
and to suspend proposed rates in a manner comparable to that in
which the Civil Aeronautics Board at present is empowered to act
with respect to such rates for the transport of persons and property
by air within the United States, each of the Contracting Parties shall ,
thereafter exercise its authority in such manner as to prevent any
rate or rates proposed by one of its carriers for services from the
territory of one Contracting Party to a point or points in the territory
of the other Contracting Party from becoming effective, if, in the
judgment of the aeronautical authorities of the Contracting Party
whose air carrier or carriers is or are proposing such rate, that rate
is unfair or uneconomic . If one of the Contracting Parties on receipt
of the notification referred to in paragraph (c) above is dissatisfied
with the new rate proposed by the air carrier or carriers of the other
Contracting Party, it shall so notify the other Contracting Party
prior to the expiry of the first fifteen of the thirty days referred to,
and the Contracting Parties shall endeavour to reach agreement on
the appropriate rate . In the event that such agreement is reached
each Contracting Party will exercise its statutory powers to give
effect to such agreement . If agreement has not been reached at the
end of the thirty day period referred to in paragraph (c) above, the
proposed rate may, unless the aeronautical authorities of the country ,
of the air carrier concerned see fit to suspend its operation, go into
effect provisionally pending the settlement of any dispute in accordance
with the procedure outlined in paragraph (g) below .

(f) Prior to the time when such power may be conferred by law
upon the aeronautical authorities of the United States, if one of the
Contracting Parties is dissatisfied with any new rate proposed by the
air carrier or carriers of either Contracting Party for services from
the territory of one Contracting Party to a point or points in the
territory of the other Contracting Party, it shall so notify the other
prior to the expiry of the first fifteen of the thirty day period referred
to in paragraph (c) above, and the Contracting Parties shall endeavour
to reach agreement on the appropriate rate . In the event that such
agreement is reached each Contracting Party will use its best efforts
to cause such agreed rate to be put into effect by its air carrier or
carriers . It, is recognised that, if no such agreement . can be reached
prior to the expiry of such thirty days, the Contracting Party raising
the objection to the rate may take such steps as it may consider
necessary to prevent the inauguration or continuation of� the service
in question at the rate complained of.

(g) When in any case under paragraphs (e) and (f) above the
aeronautical authorities of the two Contracting Parties cannot agree
within a reasonable time upon the appropriate rate after consultation
initiated by the complaint, of one Contracting Party concerning the
proposed rate or an existing rate of the air carrier or carriers of the
other Contracting Party, upon the request of either, both Contracting
Parties shall submit the question to the Provisional International Civil
Aviation Organisation or to its successor for an advisory report, and
each Party will use its best efforts under the powers available to it to
put into effect the opinion expressed in such report .

(h) The rates to be agreed in accordance with the above paragraphs
shall be fixed at reasonable levels, due regard being paid to all relevant
factors, such as cost of operation, reasonable profit and the rates
charged by any other air carriers .

(j) The Executive Branch of the Government of the United States
agrees to use its best efforts to secure legislation empowering the
aeronautical authorities of the United States to fix fair an(] economic
rates for the transport of persons and property by air on international
services and to suspend proposed rates in a manner comparable to
that in which the Civil Aeronautics Board at present is empowered
to act with respect to such rates for the transport of persons and
property by air within the United States .


(a) ROUTES TO BE SERVED BY AIR CARRIERS OF THE UNITED KINGDOM
(In both directions ; stops for non-traffic purposes omitted)
11
[No. 1507]
(b) ROUTES TO BE SERVED BY AIR CARRIERS OF THE UNITED STA'I ES
(In both directions ; stops for non-traffic purposes omitted)
Baltic countries
*Notice will be given b the aeronautical authorities of the United Kingdom to the aeronautical author-
* Notice will be given by the aeronautical authorities of the United States to the aeronautical at : ' ,r.
y ides of the United Kingdom of the route service patterns according to which services will be inaugu i
PI) lpesp esp rpuyeg
. pies sof the r United States of the route service patterns according to which services will be inaugurated
op theso routes, .
POINT OF
INTERMEDIATE
DESTINATION IN
DEPARTURE
POINTS
U. K . TERRITORY POINTS BEYOND
(Any one or more of the (Any one or more of the (Any one or more of the (Any one or more of the
following)
following, if desired)
following, if desired)
following, it desired)
1 .*Chicago
Gander
London
Amsterdam
Detroit
Greenland
Prestwick
Helsinki
Washington
Iceland
Copenhagen
Philadelphia
Shannon
Stavanger
New York
Oslo
Boston
Stockholm
Baltimore
Warsaw
Berlin
Frankfurt
Moscow
Leningrad
Points in the
POINT OF
INTERMEDIATE
DESTINATION IN
DEPARTURE
POINTS
U. S. TERRITORY POINTS BEYOND
(Any one or more of the (Any one or more of the (Anyone or more of the (Any one or more of the
following)
following, if desired)
following, if desired)
following, if desired)
1 . London
New York
San Francisco and
the points on
Route 7.
2. London
Shannon
New York
Prestwick
Iceland
Chicago
Azores
Detroit
Bermuda
Philadelphia
Gander
Washington
Montreal
Baltimore
Boston
3. *London
Shannon
New York
(a) New Orleans
Prestwick
Iceland
Mexico City
Azores
(b) Cuba
Bermuda
Jamaica
Gander
Panama
Montreal
A point in
Colombia
A point in
Ecuador
Lima
Santiago
--
4. Bermuda
Baltimore
Montreal
Washington
New York
British Guiana
Barbados
Jamaica
Grenada
British Honduras St . Vincent
5 .*Trinidad
Tobago
'Miami
St . Lucia
Antigua
St . Kitts
1

St. Thomas
San Juan
Ciudad Trujillo
Port au Prince
Jamaica
Cuba
Nassau
Bermuda
6. Nassau
Miami
Cat Cay
Palm Beach
Hong Kong
Guam
7 . Singapore
Manila
San Francisco
Wake
Midway
Honolulu
2.*New York
Gander
London
Brussels
Chicago
Greenland
Prestwick
Munich
Philadelphia
Iceland
Prague
Baltimore
Shannon
Vienna
Washington
Budapest
Boston
Belgrade
Detroit
Bucharest
Istanbul
Ankara
A point in Iran
Beirut
A point in Syria
A point in Iraq
A point in Afghanistan
Karachi
Delhi
Calcutta
3.*Chicago
Gander
Lydda
A point in Ira I
Detroit
Shannon
Dhahran
Washington
Greenland
Bombay
New York
Iceland
Calcutta
Boston
Paris
A point in But a
Baltimore
A point in
A point in Sia
Philadelphia
Switzerland
A point or p, . is
Rome
in Indo-Chi
Athens
A point or p~ ' is
Cairo
in China
-

4 . Chicago
Gander
Lydda
From Lydda ro
Detroit
Azores
points be : Ad
on a hi L n
as describe in
New York
Route 3.
Boston
(a)
(b)
Baltimore
Philadelphia
Algiers
Madrid
Tunis
Rome
Tripoli
Athens
Benghazi Cairo
Cairo
via South
American
point's to
Trinidad
[No. 1507]
12
POINT INTERMEDIATE
DESTINATION IN 13
[No. 1507] F DEPARTURE
POINTS
U. K. TERRITORY POINTS BEYOND (Any one or more of the (Any one or morn of the (Any one or more of the (Any one or more of (he following)
following, if desired)
following, if desired)
following, if desired)
----
-

5. New York
Gander
London
(From the Azores)
Chicago
Bermuda
Lisbon
Detroit
Azores
Barcelona Washington
Marseilles
Philadelphia
Boston
Baltimore
Ascension Island

IV
(a) Amendments made by either Contracting Party to the routes
described in Section III of this Annex which change the points served
in the territory of the other Contracting Party will be made only
after consultation in accordance with the provisions of Article 8 of
this Agreement.

(b) Other route changes desired by either Contracting Party may
he made and put into effect at any time, prompt notice to that effect
being given by the aeronautical authorities of the Contracting Party
concerned to the aeronautical authorities of the other Contracting
Party. If such other Contracting Party finds that, having regard to
flue principles set forth in paragraph (6) of the Final Act of the Conferencee
referred to in Section I of this Annex, the interests of its air
carrier Or carriers are prejudiced by the carriage by the air carrier
or carriers of the first Contracting Party of traffic between the territory
of the second Contracting Party and the new point in the territory of a
third country it shall so inform the first Contracting Party . If agreement
cannot be reached by consultation between the Contracting
Parties, itt shall be open to the Contracting Party whose air carrier or
carriers is or'are affected to invoke the provisions of Article 9 of this
Agreement .

(,*e) The Contracting Parties will, as soon as possible after the execulion
of this Agreement and from time to time thereafter, exchange
information concerning the authorisations extended to their respective
designated air carriers to render service to, through and from the
territory of the other Contracting Party . This will include copies of
current certificates and authorisations for service on the routes
which are the subject of this Agreement, and for the future such new
certificates and authorisations as may be issued, together with amendments,
exemption orders and authorised service patterns . *Notice will be given by the aeronautical authorities of the United States to the aeronautical authorities of the Uauted Kingdom of the route service patterns according to which services will be inangureted on b sp routes .

11. New Orleans Points in Cuba Jamaica Aruba
Houston South American
points

12. New York Camague,v Antigua Via South Ameri-
Miami Port an Prince
Cuidad Trujillo
San Juan
Saint Thomas
Point a Pitre
Fort de France
St . Lucia
Trinidad
British Guiana
can points
Buenos Aires
to
6.*San Francisco
Los Angeles
Honolulu
Midway
Wake
Guatn
Manila
Hong Kong Macao
A point or points
in China
A point or points
in Indo-China
A point or points
in Siam
A'point or points
in Burma
Calcutta
7 .*San Francisco Honolulu Singapore Batavia
Los Angeles Midway
Wake
Guam
Manila
A point or points
in Indo-China
8. New York Bermuda
Washington
Baltimore
9. Miami Cat Cav
Palm Beach Nassau
10. Miami Points in Cuba Jamaica (a) Baranquilla
via South
American
points
to
Balboa
(b) Baranquilla
POINT OF
DEPARTURE
(A ny one or more of the
following)
INTERMEDIATE
POINTS
(Any one or more of the
following
.

If desired))
DESTINATION IN
U. K . TERRITORY
(Any one or more of the
following, it desired)
POINTS BEYOND
(Any one or more of the
;following, if desired)
T

13. New York (a) Azores Accra or Lagos Leopoldville
Dakar Johannesburg
(b)
Monrovia
San Juan
Trinidad
British Guiana
Belem
Natal
Monrovia
[No. 1507]
14
V

(a) Where the onward carriage of traffic by an aircraft of different
size from that employed on the earlier stage of the same route (hereinafter
referred to as "change of gauge") is justified by reason of economy
of operation, such change of gauge at aa point in the territory of the
United Kingdom or the territory of the United States shall not be
made in violation of the principles set forth in the Final Act of the
Conference on Civil Aviation held at Bermuda from January 15 to
February 11, 1946 and, in particular, shall be subject to there being
an adequate volume of through traffic .

(b) Where a change of gauge is made at a point in the territory of
the United Kingdom or in the territory of the United States, the
smaller aircraft will operate only in connection with the larger aircraft
arriving at the point of change, so as to provide a connecting service
which will thus normally wait on the arrival of the larger aircraft, for
the primary purpose of carrying onward those passengers who have
travelled to United Kingdom or United States territory in the larger
aircraft to their ultimate destination in the smaller aircraft . Where
there are vacancies in the smaller aircraft such vacancies may be
filled with passengers from United Kingdom or United States territory
respectively . It is understood however that the capacity of the smaller
aircraft shall be determined with primary reference to the traffic
travelling in the larger aircraft normally requiring to be carried
on%%-ard .

(c) It is agreed that the arrangements under any part. of the preceding
paragraphs (a) and (b) shall be governed by and in no way
restrictive of the standards set forth in paragraph (6) of the Final
Act.
A. H. S .
G. P. B.
W J B.
Il . B.
O R
W. P. H.
S A1.
L. J. D .
G . N.
P. G .M
LWP
15
[No. 1507]

FINAL ACT Or THE CIVIL AVIATION CONFERENCE, HELD AT BERMUDA
15TH JANUARY TO 11TH FEBRUARY, 1946.
Bermuda, 11th February, 1946.

THE Governments of the United States of America and of the
United Kingdom of Great Britain and Northern Ireland,
Having decided to hold between themselves a Conference on Civil
Aviation,
Appointed their respective delegates who are listed below :-
United States of America .
George P . Baker (Chairman of Delegation), Director, Office of
Transport and Communications Policy, Department of State .
Harllee Branch, Member, Civil Aeronautics Board.
John D . Hickerson, Deputy Director, Office of European Affairs,
Department of State .
Josh B. Lee, Member, Civil Aeronautics Board .
Stokeley W . Morgan, Chief, Aviation Division, Department of
State.
George C. Neal, General Counsel, Civil Aeronautics Board .
Garrison Norton, Deputy Director, Office of Transport and Communications
Policy, Department of State .
L. Welch Pogue, Chairman, Civil Aeronautics Board .
Oswald Ryan, Member, Civil Aeronautics Board .
John Sherman, Liaison Consultant, Civil Aeronautics Board .
United Kingdom.
Sir Henry Self, K.C .M .G ., K .B .E., C .B., (Chairman of Delegation),
Director-General designate of Civil Aviation, Ministry
of Civil Aviation .
Sir William P . Hildred, Kt ., C.B ., O .B .E., Director-General of
Civil Aviation, Ministry of Civil Aviation .
W. J . Bigg, Colonial Office .
N. J . A . Cheetham, Foreign Office,
L . J. Dunnett, Ministry of Civil Aviation .
Peter G . ivlasefield, Civil Air Attache, British Embassy, Washington.
Who met in Bermuda on the 15th January, 1946.
At the first plenary session, Sir Henry Self was elected Chairman of
the Conference and the Conference was divided into two Committees .
The members of the Committees and of the Sub-Committees, appointed
by the respective Chairmen of the Delegations, are listed
below:-

COMMITTEE I.
RATES AND TRAFFIC .
Chairman : Sir Henry Self (United Kingdom) .
llfembers :
United States .
United Kingdom .
Delegates .
Delegates .
George P. Baker.
Sir William Ilildred .
Harllee Branch .
N . J. A. Cheethar .
Josh B . Lee .
L. J . Dunnett .
Stokeley 11 Morgan .
P. G. Ma.seiield.
George C . Neal .
L. Welch Pogue .
Oswald Ryan.
Advisers .
Advisers .
Colonel S . E. Gates .
M. E. Bathurst..
W. John Kenney .
Major J. It . Mc.Crind1c .
Major-General L . S. Kuter. Vernon Crudge .
Livingston Satterthwaite .
Consultants .
Harold Bixby.
Terrell Drinkwater .
Julius C . Holmes .
John Leslie .
John E. Slater.
James H . Smith, Jun .
SUB-COMMITTEE I .-POLICY.
Advisers .
Advisers .
William Fleeting.
M. E . Bathurst.
Colonel S . E. Gates.
Major J . R . McCrindle .
Major-General L . S. Miter.
Vernon Crudge .
Commander S . Jln'ika .
Livingston Satterthwaite. .
Consultants .
Harold Bixby.
Chairman : Sir Henry Self (United Kingdom) .
Terrell Drinkwater.
11lem.bers0
Julius C. Holmes .
John Leslie.
Delegates .
Delegate .
John E. Slater .
George P . Baker.
Sir 117"1111,1111 Hildred .
James H . Smith, Jun .
Stokeley W . Morgan .
COMMITTEE II.
L. `l elcli Pogue .
AD Hoc .
Chairman : L. J. Dunnett (United Kingdom) .
Delegates .
Delegate.
John D. Hickerson .
N. J. A . Cheetham.
Stokeley till . Morgan,
17
[No. 1507]
SUB-COMMITTEE 2 .-DRAFTING.
Chairman : Stokeley W . Morgan (United States) .
Members :
Delegate.
Delegates .
George C. Neal .
L. J. Dunnett.
P. G. Masefield .
Adviser.
Adviser.
Colonel S . E . Gates .
i\1. E. Bathurst .
SUB-COMMITTEE 3 .-ROUTES.
Chairman : L. Welch Pogue (United States) .
Members:
Delegates .
Delegates .
Haillee Branch .
W. J. Bigg.
Josh B. Lee .
N. J. A. Cheetham .
Stokeley W .'Morgan .
L. J. Dunnctt.
George C . Neal .
P . G . Masefield .
Oswald Ryan.
John Sherman .
[NO. iaui1

The Final Plenary Session was held on the 11 th February, 1946 . As a result of the deliberations of the Conference there was forinulated an Agreement between the Government of the United Kingdom and the Government of the United States relating to air services between their respective territories, and Annex thereto . (Attached hereto as Appendix I .)[']

The following resolution was adopted :-Whereas representatives of the two Governments have met together in Bermuda to discuss Civil Aviation matters outstanding between them and have reached agreement thereon, Whereas the two Governments have to-day concluded an Agreement relating to air services between their respective territories (hereinafter called "the Agreement"), And whereas the two Governments have reached agreement on the procedure to be followed in the settlement of other matters in the field of Civil Aviation,  Now therefore the representatives of the two Governments it"

Conference resolve and agree as follows :-

(1) That the two Governments desire to foster and encourage the widest possible distribution of the benefits of air travel for the general good of mankind at the cheapest rates consistent with sound economic principles ; and to stimulate international air travel as a means of promoting friendly understanding and good will among peoples and ensuring as well the many indirect benefits of this new form of transportation to the common welfare of both countries .

(2) That the two Governments reaffirm their adherence to the principles and purposes set out in the preamble to the Convention on International Civil Aviation signed at Chicago on the 7Lh December,
1944 .

(3) That the air transport facilities available to the travelling public should bear a close relationship to the requirements of the public for such transport .

(4) That there shall be a fair and equal opportunity for the carriers of the two nations to operate on any route between their respective territories (as defined in the Agreement) covered by the Agreement and its Annex.

(5) That, in the operation by the air carriers of either Government of the trunk services described in the Annex to the Agreement, the interest of the air carriers of the other Government shall be taken
into consideration so as not to affect unduly the services which the latter provides on all or part of the same routes .

(6) That it is the understanding of both Governments that services provided by a designated air carrier under the Agreement and Annex shall retain as their primary objective the provision of caps,
adequate to the traffic demands between the country of which air carrier is a national and the country of ultimate destination of traffic . The right to embark or disembark on such services in
national traffic destined for and corning front third countries at a prior points on the routes specified in the Annex to the Agreement sibe applied in accordance with the general principles of orderly develment to which both Governments subscribe and shall be subject the general principle that capacity should be related

(a) to traffic requirements between the country of origin and countries of destination ;

(b) to the requirements of through airline operation ; and

(c) to the traffic requirements of the area through which the airlpasses after taking account of local and regional services .

(7) That, in so far as the air carrier or carriers of one Govermnm may be temporarily prevented through difficulties arising from i War from taking immediate advantage of the opportunity referm
to in paragraph (4) above, the situation shall be reviewed betwc the Governments with the object of facilitating the necessary develc went, as soon as the air carrier or carriers of the first Government
or are in a position increasingly to make their proper contribution the service .

(8) That duly authorised United States civil air carriers will enj non-discriminatory "Two Freedom" privileges and the exercise accordance with the Agreement or any continuing or subsequent agr(
ment) of commercial traffic rights at airports located in territory the United Kingdom which have been constructed in whole or in pa with United States funds and are designated for use by internation civil air carriers .

(9) That it is the intention of both Governments that there shou be regular and frequent consultation between their respective aer nautical authorities (as defined in the Agreement) and that the should thereby be close collaboration in the observance of the priciples and the implementation of the provisions outlined herein arin the Agreement and its Annex .

In witness whereof the following Delegates sign the present Fin .
Act.

Done at Bermuda the eleventh day of February, 1946 .
This Final Act shall be deposited in the Archives of the Goveri
ment of the United Kingdom and a certified copy shall be transmitte
[No. 15071
20
by that Goveriunent to the Government of the United States of
America.
United States of America.
United Kingdom .
GEORGE P. BAKER.
A. II . SELF.
}IARLLEE BRANCH.
WM. P. HILDRED.
STOKELEY W. MORGAN .
W. J. BIGG.
GEORGE C. TEAL.
L. J . DUNNETT.
GARRISON NORTON.
PETER G . MASEFIELD .
L. WELCH POGUE.
OSWALD RYAN.
JOHN SHERMAN.
0 I
I Ut
Ref. No . C . 16/14
AlTEX I
Sir,
A'ce of t<Pile 12"A'1 9-1,
7,',,q, town, 9-Vana .
30th June, 1966 .

I have the honour to inform you that the Government of Guyana, conscious of the desirability of maintaining existing legal relationships, and conscious of its obligations under international law to honour its treaty commitments, acknowledges that many treaty rights and obligations of the Government of the United Kingdom in respect of British Guiana were succeeded to by Guyana upon independence,by virtue of customary international law .

2 . Since, however, it is likely that by virtue of customary international law certain treaties may have lapsed at the date of independence of Guyana, it seems essential that each treaty should be subjected to legal examination . It is proposed after this examination has been completed, to indicate which, if any, of the treaties which may have lapsed by customary international law the Government of Guyana wishes to treat as having lapsed .

3 . As a result, the manner in which British Guiana was acquired by the British Crown, and its history previous to that date, consideration will have to be given to the question which, if any, treaties contracted previous to 1804 ..remain in force by virtue of customary international law .

4 . It is desired that it be presumed that each treaty has been legally succeeded to by Guyana and that action be based on this presumption until a decision is reached that it should be regarded as
having lapsed . Should the Government of Guyana be of the opinion that it has legally succeeded to a treaty and wishes to terminate the operation of the treaty, it will in due course give notice of  ermination in the terms thereof .

5 . The Government of Guyana desires that this letter be circulated to all States members of the United Nations and the United Nations Specialised Agencies, so that they will be effected with notice of the Government's attitude .

Accept, Sir, the assurance of my highest consideration .
L.F .S . Burnham
Prime Minister
His Excellency Mr . U . Thant,
Secretarc. General to the United Nat .ior.s,



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