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MULTILATERAL

Convention between the United States and certain of the American republics relating to commercial aviation, signed at Habanna, February 20, 1928. Ratification of the United States deposited with the Government of Cuba July 17, 1931 (Treaty Series No. 840). This convention sets forth the conditions under which aircraft of any country a party to the convention may enter territory of other parties. Under the terms of the convention civil aircraft of any of the countries have the right of entry without the necessity of prior authorization for special flights. The convention has been interpreted as requiring prior author. ization before an air transport company of any country a party to the convention may be operated in territory of other parties.

Convention and additional protocol between the United States and other powers concluded at Warsaw, October 12, 1929. Declaration of adherence of the United States deposited at Warsaw, July 31, 1934 (Treaty Series No. 876). This convention sets forth the conditions under which passenger tickets, baggage checks, and airway bills are to be provided for in connection with operations of air carriers in international services and contains provisions under which the carrier will be liable for damages to persons and property occurring in international transportation.

Convention between the United States and other powers relating to sanitary measures to be applied in international air navigation, signed on the part of the United States at The Hague, April 6, 1934. Ratification of the United States deposited with the Government of the Netherlands, July 25, 1935 (Treaty Series No. 901). This convention sets forth the conditions which may be imposed by the authorities of any of the governments parties to the convention for the purpose of preventing the introduction of infectious diseases in connecting with international air transport operations.

NOTE.—The International Convention for the Regulation of Aerial Navigation, a multilateral convention, was signed at Paris on October 13, 1919. It was later signed on behalf of the United States but was never ratified by this Government which is therefore in no way bound by its provisions. This convention provides that civil aircraft of one of the parties may be flown in territory of the other parties on special flights without the necessity of obtaining prior permission of the country to be flown over. The establishment of scheduled air lines, however, is made subject to the consent of the country in which the line is to be operated.

The convention sets forth the conditions under which civil aircraft of one of the parties may enter territory of the other. It provides for the recognition by each of the parties of certificates of competency issued to the operating personnel of aircraft by other parties to the convention and the observance of air traffic regulations. It also provides for the right to establish prohibited zones over which aircraft may not be flown, the right to reserve cabotage to national aircraft, observance of local laws and regulations, such as customs and immigration requirements, et cetera, the various provisions of the convention to be applicable to scheduled airline operations when authorized.

The convention contains a number of annexes embodying technical regulations such as those pertaining to airworthiness requirements, qualifications of pilots, signals, ground markings, customs requirements, et cetera. Not having ratified the Paris convention, the United States entered into a number of bilateral air navigation agreements embodying the basic principles of the Paris convention but containing no technical annexes. As illustrations reference is made to air navigation arrangements with the following countries listed above:

Canada-Executive Agreement Series No. 129.
Denmark-Executive Agreement Series No. 58.
France-Executive Agreement Series No. 152.
Great Britain-Executive Agreement Series No. 76.
Irish Free State Executive Agreement Series No. 110.
Italy-Executive Agreement Series No. 24.
Norway-Executive Agreement Series No. 50.
Sweden-Executive Agreement Series No. 47.

Union of South Africa-Executive Agreement Series No. 54. It may be of interest to add that the multilateral convention signed at Habana on February 20, 1928, Treaty Series No. 840, mentioned above, also contains cer tain basic principles of the Paris convention of 1919, but unlike the latter convention it does not contain any annexes with technical regulations.

(The text of the Habana Convention follows:)

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Whereas a Convention on Commercial Aviation was adopted in the English, Spanish, Portuguese, and French languages at the Sixth International Conference of American States at Habana on February 20, 1928, by the respective Plenipotentiaries of the United States of America, Peru, Uruguay, Panama, Ecuador, Mexico, El Salvador, Guatemala, Nicaragua,

Bolivia, Venezuela, Colombia, Honduras, Costa Rica, Chile, Brazil, Argentina, Paraguay, Haiti, the Dominican Republic and Cuba, the English text of which Convention, as contained in the Final Act of the said Conference signed at the closing session thereof by the Plenipotentiaries of the said States, is word for word as follows:

The Governments of the American Republics, desirous of establishing the rules they should observe among themselves for aerial traffic, have decided to lay them down in a convention, and to that effect have appointed as their plenipotentiaries:

Peru: Jesus Melquiades Salazar, Victor Maurtua, Enrique Castro Oyanguren, Luis Ernesto Denegri.

Uruguay: Jacobo Varela Acevedo, Juan Jose Amezaga, Leonel Aguirre, Pedro Erasmo Callorda.

Panama : Ricardo J. Alfaro, Eduardo Chiari.
Ecuador: Gonzala Zaldumbide, Victor Zevallos, Colon Eloy Alfaro.

Mexico: Julio Garcia, Fernando Gonzales Roa, Salvador Urbina, Aquiles Elorduy.

Salvador : Gustavo Guerrero, Hector David Castro, Eduardo Alvarez.

Guatemala : Carlos Salazar, Bernardo Alvarado Tello, Luis Beltranena, Jose Azurdia.

Nicaragua: Carlos Cuadra Pazos, Joaquin Gomez, Maximo H. Zepeda.
Bolivia : Jose Antezana, Adolfo Costa du Rels.

Venezuela : Santiago Key Ayala, Francisco Gerardo Yanes, Rafael Angel Arraiz.

Colombia : Enrique Olaya Herrera, Jesus M. Ypes, Roberto Urdaneta Arbelaez, Ricardo Gutierrez Lee.

Honduras : Fausto Davila, Mariano Vasques.
Costa Rica : Ricardo Costro Beeche, J. Rafael Oreamuno, Arturo Tinoco.

Chile: Alejandro Lira, Alejandro Alvarez, Carlos Silva Vildosola, Manuel Bianchi.

Brazil: Raul Fernandes, Lindolfo Collor, Alarico da Silveira, Sampaio Correa, Eduardo Espinola.

Argentina : Honorio Pueyrredon (Later resigned), Laurentino Olascoaga, Felipe A. Espil.

Paraguay: Lisandro Diaz Leon.
Haiti : Fernando Dennis, Charles Riboul.

Dominican Republic: Francisco J. Peynado, Gustavo A. Diaz, Elias Brache, Angel Morales, Tulio M. Cestero, Ricardo Perez Alfonseca, Jacinto R. de Castro, Frederico C. Alvarez.

• United States of America: Charles Evans Hughes, Noble Brandon Judah, Henry P. Fletcher, Oscar W. Underwood, Dwight W. Morrow, Morgan J. O'Brien, James Brown Scott, Ray Lyman Wilbur, Leo S. Rowe.

Cuba : Antonio S. de Bustamante, Orestes Ferrara, Enrique Hernandez Cartaya, Jose Manuel Cortina, Aristides Aguero, Jose B. Aleman, Manuel Marquez Sterling, Fernando Ortiz, Nestor Carbonell, Jseus Maria Barraque.

Who, after having exchanged their respective full powers, which have been found to be in good and due form, have agreed upon the following:

ARTICLE I

The high contracting parties recognize that every state has complete and exclusive sovereignty over the air space above its territory and territorial waters.

ARTICLE II

The present convention applies exclusively to private aircraft.

ARTICLE III

The following shall be deemed to be state aircraft:

(a) Military and naval aircraft;
(b) Aircraft exclusively employed in state service, such as posts, customs,

and police.
Every other aircraft shall be deemed to be a private aircraft.

All state aircraft other than military, naval, customs, and police aircraft shall be treated as private aircraft and as such shall be subject to all the provisions of the present convention.

ARTICLE IV

Each contracting state undertakes in time of peace to accord freedom of innocent passage above its territory to the private aircraft of the other contracting states, provided that the conditions laid down in the present convention are observed. The regulations established by a contracting state with regard to admission over its territory of aircraft of other contracting states shall be applied without distinction of nationality.

ARTICLE V

Each contracting state has the right to prohibit, for reasons which it deems convenient in the public interest, the flight over fixed zones of its territory by the aircraft of the other contracting states and privately owned national aircraft employed in the service of international commercial aviation, with the reservation that no distinction shall be made in this respect between its own private aircraft engaged in international commerce and those of the other contracting states likewise engaged. Each contracting state may furthermore prescribe the route to be followed over its territory by the aircraft of the other states, except in cases of force majeure which shall be governed in accordance with the stipulations of Article 18 of this convention. Each state shall publish in advance and notify the other contracting states of the fixation of the authorized routes and the situation and extension of the prohibited zones.

ARTICLE VI

Every aircraft over a prohibited area shall be obliged, as soon as this fact is realized or upon being so notified by the signals agreed upon, to land as soon as possible outside of said area in the airdome nearest the prohibited area over which it was improperly flying and which is considered as an international airport by the subjacent state.

ARTICLE VII

Aircraft shall have the nationality of the state in which they are registered and can not be validly registered in more than one state.

The registration entry and the certificate of registration shall contain a description of the aircraft and state, the number or other mark of identification given by the constructor of the machine, the registry marks and nationality, the name of the airdome or airport usually used by the aircraft, and the full name, nationality and domicile of the owner, as well as the date of registration.

ARTICLE VIII

The registration of aircraft referred to in the preceding article shall be made in accordance with the laws and special provisions of each contracting state.

ARTICLE IX

Every aircraft engaged in international navigation must carry a distinctive mark of its nationality, the nature of such distinctive mark to be agreed upon by the several contracting states. The distinctive marks adopted will be communicated to the Pan American Union and to the other contracting states.

ARTICLE X

Every aircraft engaged in international navigation shall carry with it in the custody of the aircraft commander:

(a) A certificate of registration, duly certified to according to the laws of the state in which it is registered ;

(b) A certificate of airworthiness, as provided for in Article 12;

(c) The certificates of competency of the commander, pilots, engineers, and crew, as provided for in Article 13;

(d) If carrying passengers, a list of their names, addresses and nationality ;

(e) If carrying merchandise, the bills of lading and manifests, and all other documents required by customs laws and regulations of each country;

(f) Log books;
(g) If equipped with radiotelegraph apparatus, the corresponding license.

ARTICLE XI

Each contracting state shall every month file with every other state party to this convention and with the Pan American Union, a copy of all registrations and cancellations of registrations of aircraft engaged in international navigation as between the several contracting states.

ARTICLE XII

Every aircraft engaged in international navigation (between the several contracting states) shall be provided with a certificate of airworthiness issued by the state whose nationality it possesses.

This document shall certify to the states in which the aircraft is to operate, that, according to the opinion of the authority that issues it, such aircraf complies with the airworthiness requirements of each of the states named in said certificate.

The aircraft commander shall at all times hold the certificate in his custoily and shall deliver it for inspection and verification to the authorized representatives of the state which said aircraft visits.

Each contract state shall communicate to the other states parties to this convention and to the Pan American Union is regulations governing the rating of its aircraft as to airworthiness and shall similarly communicate any changes made therein.

While the states affirm the principle that the aircraft of each contracting state shall have the liberty of engaging in air commerce with the other contracting states without being subjected to the licensing system of any state with whicli such commerce is carried on, each and every contracting state mentioned in the certificate of airworthiness reserves the right to refuse to recognize as valid the certificate of airworthiness of any foreign aircraft where inspection by a duly authorized commission of such state shows that the aircraft is not, at the time of inspection, reasonably airworthy in accordance with the normal requirements of the laws and regulations of such state concerning the public safety.

In such cases said state may refuse to permit further transit by the aircraft through its air space until such time as it, with due regard to the public safety, is satisfied as to the airworthiness of the aircraft, and shall immediately notify the state whose nationality the aircraft possesses and the Pan American Union of the action taken.

ARTICLE XIII

The aircraft commander, pilots, engineers, and other members of the operating crew of every aircraft engaged in international navigation between the several contracting states shall, in accordance with the laws of each state, be provided with a certificate of competency by the contracting state whose nationality the aircraf possesses.

Such certificate or certificates shall set forth that each pilot, in addition to having fulfilled the requirements of the state issuing the same, has passed a satisfactory examination with regard to the traffic rules existing in the other contracting states over which he desires to fly. The requirements of form of said documents shall be uniform throughout all the contracting states and shall be drafted in the language of all of them, and for this purpose the Pan American Union is charged with making the necessary arrangements amongst the contracting states.

Such certificate or certificates shall be held in the possession of the aircraft commander as long as the pilots, engineers, and other members of the operating crew concerned continue to be employed on the aircraft. Upon the return of such certificate an authenticated copy thereof shall be retained in the files of the aircraft.

Such certificate or certificates shall be open at all times to the inspection of the duly authorized representatives of any state visited.

Each contracting state shall communicate to the other states parties to this convention and to the Pan American Union its regulations governing the issuance of such certificates and shall from time to time communicate any changes made therein.

ARTICLE XIV

Each and every contracting state shall recognize as valid, certificates of competency of the aircraft commander, pilots, engineers, and other members of the operating crew of an aircraft, issued in accordance with the laws and regulations of other contracting states.

ARTICLE XV

The carriage by aircraft of explosives, arms, and munitions of war is prohibited in international aerial navigation. Therefore, no foreign or native aircraft authorized for international traffic shall be permitted to transport articles of this nature, either between points situated within the territory of any of the contracting states or through the same even though simply in transit.

ARTICLE XVI

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Each state may prohibit or regulate the carriage or use, by aircraft possessing the nationality of other contracting states, of photographic apparatus. Such regulations as may be adopted by each state concerning this matter shall be communicated to each other contracting state and to the Pan American Union.

ARTICLE XVII

As a measure of public safety or because of lawful prohibitions, the transportation of articles in international navigation other than those mentioned in Articles 15 and 16 may be restricted by any contracting state. Such restrictions shall be immediately communicated to the other contracting states and to the Pan American Union.

All restrictions mentioned in this article shall apply equally to foreign and national aircraft employed in international traffic.

ARTICLE XVIII

Every aircraft engaged in international traffic which enters the air space of a contracting state with the intention of landing in said state shall do so in the corresponding customs airdrome, except in the cases mentioned in Article 19 and in the case of force majeure, which must be proved.

Every aircraft engaged in international navigation, prior to its departure from the territorial jurisdiction of a contracting state in which it has landed, shall obtain such clearance as is required by the laws of such state at a port designated as point of departure by such state.

Each and every contracting state shall notify every other state party to this convention and the Pan American Union of such airports as shall be designated by such state as ports of entry and departure.

When the laws or regulations of any contracting state so require, no aircraft shall legally enter into or depart from its territory through places other than those previously authorized by such state as international airports, and the landing therein shall be obligatory unless a special permit, which has been previously communicated to the authorities of said airport, is obtained from the competent authorities of said state, in which permit shall be clearly expressed the distinctive marks which the aircraft is obliged to make visible whenever requested to do so in the manner previously agreed upon in said permit.

In the event that for any reason, after entering the territorial jurisdiction of a contracting state, aircraft of another contracting state should land at a point other than an airport designated as a port of entry in that state the aircraft commander shall immediately notify the nearest competent authority and

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