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hold himself, crew, passengers, and cargo at the point of landing until proper entry has been granted by such competent authority, unless communication therewith is impracticable within twenty-four hours.
Aircraft of one of the contracting states which flies over the territory of another contracting state shall be obliged to land as soon as ordered to do so by means of the regulation signals, when for any reason this may be necessary.
In the cases provided for in this article, the aircraft, aircraft commander, crew, passengers, and cargo shall be subject to such immigration, emigration, customs, police, quarantine, or sanitary inspection as the duly authorized representatives of the subjacent state may make in accordance with its laws.
As an exception to the general rules, postal aircraft, and aircraft belonging to aerial transport companies regularly constituted and authorized may be exempted, at the option of the subjacent state, from the obligation of landing at an airdrome designated as a port of entry and authorized to land at certain inland airdromes, designated by the customs and police administration of such state, at which customs formalities shall be complied with. The departure of such aircraft from the state visited may be regulated in a similar manner.
However, such aircraft shall follow the normal air route, and make their identity known by signals agreed upon as they fly across the frontier.
From the time of landing of a foreign aircraft at any point whatever until its departure the authorities of the state visited shall have, in all cases, the right to visit and examine the aircraft and to verify all documents with which it must be provided, in order to determine that all the laws, rules, and regulations of such states and all the provisions of this convention are complied with.
ARTICLE XXI The aircraft of a contracting state engaged in international air commerce shall be permitted to discharge passengers and a part of its cargo at one of the airports designated as a port of entry of any other contracting state, and to proceed to any other airport or airports in such state for the purpose of discharging the remaining passengers and portions of such cargo and in like manner to take on passengers and load cargo destined for a foreign state or states, provided that they comply with the legal requirements of the country over which they fly, which legal requirements shall be the same for native and foreign aircraft engaged in international traffic and shall be communicated in due course to the contracting states and to the Pan American Union.
Each contracting state shall have the right to establish reservations and restrictions in favor of its own national aircraft in regard to the commercial transportation of passengers and merchandise between two or more points in its territory, and to other remunerated aeronautical operations wholly within its territory. Such reservations and restrictions shall be immediately published and communicated to the other contracting states and to the Pan American Union.
ARTICLE XXIII The establishment and operation of airdromes will be regulated by the legislation of each country, equality of treatment being observed.
ARTICLE XXIV The aircraft of one contracting state engaged in international commerce with
in airports or airdromes open to the public than would be paid by national aircraft of the state visited, likewise engaged in international commerce.
ARTICLE XXV So long as a contracting state shall not have established appropriate regulations, the commander of an aircraft shall have rights and duties analogous to those of the captain of a merchant steamer, according to the respective laws of each state.
Thé salvage of aircraft lost at sea shall be regulated, in the absence of any agreement to the contrary, by the principles of maritime law.
ARTICLE XXVII The aircraft of all states shall have the right, in cases of danger, to all possible. aid.
ARTICLE XXVIII Reparations for damages caused to persons or property located in the subjacent territory shall be governed by the laws of each state.
In case of war the stipulations of the present convention shall not affect the freedom of action of the contracting states either as belligerents or as neutrals.
The right of any of the contracting states to enter into any convention or special agreement with any other state or states concerning international aerial navigation is recognized, so long as such convention or special agreement shall not impair the rights or obligations of any of the states parties to this convention, acquired or imposed herein ; provided, however, that two or more states, for reasons of reciprocal convenience and interest may agree upon appropriate regulations pertaining to the operation of aircraft and the fixing of specified routes. These regulations shall in no case prevent the establishment and operation of practicable inter-American aerial lines and terminals. These regulations shall guarantee equality of treatment of the aircraft of each and every one of the contracting states and shall be subject to the same conditions as are set forth in Article 5 of this convention with respect to prohibited areas within the territory of a particular state.
Nothing contained in this convention shall affect the rights and obligations established by existing treaties.
ARTICLE XXXI The contracting states obligate themselves insofar as possible to cooperate in inter-American measures relative to:
(a) The centralization and distribution of meteorological information, whether statistical, current, or special;
(b) The publication of uniform aeronautical charts, as well as the estab
(c) The use of radiotelegraph in aerial navigation, the establishment of the necessary radiotelegraph stations and the observance of the inter-American and international radiotelegraph regulations or conventions at present existing or which may come into existence.
The contracting states shall procure as far as possible uniformity of laws and regulations governing aerial navigation. The Pan American Union shall cooperate with the governments of the contracting states to attain the desired uniformity of laws and regulations for aerial navigation in the states parties to this convention,
Each contracting state shall exchange with every other contracting state within three months after the date of ratification of this convention copies of its air-traffic rules and requirements as to competency for aircraft com
manders, pilots, engineers, and other members of the operating crew, and the requirements for airworthiness of aircraft intended to engage in international commerce.
Each contracting state shall deposit with every other state party to this convention and with the Pan American Union three months prior to the date proposed for their enforcement any additions to or amendments of the regulations referred to in the last preceding paragraph.
Each contracting state shall deposit its ratification with the Cuban Government, which shall thereupon inform the other contracting states. Such ratification shall remain deposited in the archives of the Cuban Government.
The present convention will come into force for each signatory state ratifying it in respect to other states which have already ratified, forty days from the date of deposit of its ratification.
ARTICLE XXXV Any state may adhere to this convention by giving notice thereof to the Cuban Government, and such adherence shall be effective forty days thereafter. The Cuban Government shall inform the other signatory states of such adherence.
In case of disagreement between two contracting states regarding the interpretation or execution of the present convention the question shall, on the request of one of the governments in disagreement, be submitted to arbitration as hereinafter provided. Each of the governments involved in the disagreement shall choose another government not interested in the question at issue and the government so chosen shall arbitrate the dispute. In the event the two arbitrators cannot reach an agreement they shall appoint another disinterested government as additional arbitrator. If the two arbitrators cannot agree upon the choice of this third government, each arbitrator shall propose a government not interested in the dispute and lots shall be drawn between the two governments proposed. The drawing shall devolve upon the Governing Board of the Pan American Union.
The decision of the arbitrators shall be by majority vote.
Any contracting state may denounce this convention at any time by transmitting notification thereof to the Cuban Government, which shall communicate it to the other states parties to this convention. Such denunciation shall not take effect until six months after notification thereof to the Cuban Government, and shall take effect only with respect to the state making the denunciation.
In witness whereof, the above-named plenipotentiaries have signed this convention and the seal of the Sixth International Conference of American States has been hereto affixed.
Peru: Jesus M. Salazar, Victor M. Maurtua, Luis Ernesto Denegri, E. Castro Oyanguren.
Uruguay: Varela, Pedro Erasmo Callorda.
Salvador: J. Gustavo Guerrero, Hector Davis Castro, Ed. Alvarez.
Costa Rica : Ricardo Castro Beeche, J. Rafael Oreamuno, A. Tinoco Jimenez.
Dominican Republic: Fraco, J. Peynado, Tulio M. Cestero, Jacinto R. de Castro, Elias Brache, R. Perez Alfonseca.
United States of America : Charles Evans Hughes, Noble Brandon Judah, Henry P. Fletcher, Oscar W. Underwood, Morgan J. O'Brien, James Brown Scott, Ray Lyman Wilbur, Leo S. Rowe.
Cuba : Antonio S. de Bustamante, Orestes Ferrara, E. Hernandez Cartaya, Aristides de Aguero Bethencourt, M. Marquez Sterling, Nestor Carbonell.
Reservation of the Dominican Republic The delegation of the Dominican Republic records, as an explanation of its vote, that upon signing the present convention it does not understand that the Dominican Republic dissociates itself from conventions it has already ratified and which are in force.
Certified to be the English text of the convention on commercial aviation as contained in the final act signed, February 20, 1928, at the closing session of the Sixth International Co ence of American States.
HENRY L. STIMSON, Secretary of State of the United States of America, And whereas the said Convention has been duly ratified on the part of the United States of America, and the instrument of ratification of the United States of America was deposited on July 17, 1931, with the Government of Cuba in conformity with Article XXXIII of the Convention;
And whereas the said Convention has been ratified also by the Governments of Mexico, Nicaragua, Panama, and Guatemala, and the instruments of ratification of the said Governments were deposited with the Government of Cuba on April 24, 1929, May 4, 1929, May 13, 1929, and December 28, 1929, respectively;
And whereas it is provided in Article XXXIV of the said Convention that the Convention shall come into force for each signatory State ratifying it in respect to other States which have already ratified, forty days from the date of deposit of its ratification;
Now, therefore, be it known that I, Herbert Hoover, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
Done at the City of Washington this twenty-seventh day of July in the year of our Lord one thousand nine hundred and thirty-one, and of the Independence of the United States of America the one hundred and fifty-sixth. [SEAL]
HERBERT HOOVER. By the President: W. R. CASTLE, Jr.
Acting Secretary of State.
ASSISTANT TO THE SECRETARY OF COMMERCE
The CHAIRMAN. Will you give your name and official position for the record ?
Mr. BURDEN. William A. M. Burden. I am Special Aviation Assistant to the Secretary of Commerce, taking Assistant Secretary
Hinckley's place there, with supervision over the Civil Aeronautics Administration, Weather Bureau, and Coast and Geodetic Survey; three bureaus of the Department of Commerce.
I count myself extremely fortunate in being invited to appear before your committee on the occasion of the consideration of H. R. 1012. You have already received very full testimony from others and I will endeavor not to duplicate what has already been said.
In addition the Administrator of Civil Aeronautics, Mr. Charles I. Stanton, who has direct charge of the C. A. A., will report to you more specifically on the activities of each of our divisions and on how the proposed legislation will affect the activities of the Administration. He will also answer any specific questions which you may have, although I, of course, will answer any questions as to policy or any other matters you care to raise, to the best of my ability.
It is my intention only to sketch in the broadest possible terms how the activities of the Administration have widened and grown under the Civil Aeronautics Act of 1938, and how they have been adapted to meet the needs of war, and how the future problems of civil aviation look from our side of the fence. I shall speak extremely informally for it is my feeling that occasions such as this afford unusual opportunities for cooperation and understanding between the Congress, which creates our Government aviation policy, and those of us who have the responsibility for its day-to-day administration.
The functions established under the Civil Aeronautics Act have been ably and completely described by Mr. Pogue, and there is no need to go over that ground again. I would, however, like to sketch very briefly how the functions assigned to the Administration are carried out as a practical matter so as to refresh your mental picture of the nature of the two organizations—the Board and the Administration. Mr. Stanton will deal in somewhat more detail with this matter when he appears before you.
The Board's function is to control the economic development and stability of the air lines and to set safety standards for civil aviation generally. It carries out its task by issuing certificates of convenience and necessity, setting mail rates, prescribing safety rules and standards, and investigating accidents. This extremely important work is of a regulatory rather than an operational nature. It, therefore, requires a relatively small staff of economic and legal experts and aeronautical technicians. For example, the Board's budget for 1942 was some $1,200,000 and its total authorized personnel was some 350. In addition, as you know, some $38,000,000 in mail payments were made to the air lines from the Post Office budget under rates set by the Board.
In contrast, the Civil Aeronautics Administration, besides being responsible for the promotion of civil aeronautics, is an operating agency of very considerable magnitude. In 1942 it employed 7,800 persons, most of them aeronautical technicians and at the present moment employs approximately 9,000. Its budget in 1942 was $227,700,000, a large part of which is for civilian pilot training and airport construction. The large staff and large budget are necessary because C. A. A. must construct and operate the far-reaching technical facilities which the Federal Government provides for civil aviation under the act.