International Air Transport Agreement:bijlage

International Air Transport Agreement

Final act

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

The Governments of Afghanistan, Australia, Belgium, Bolivia, Brazil, Canada, Chile, China, Colombia, Costa Rica, Cuba, Czechoslovakia, Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti, Honduras, Iceland, India, Iran, Iraq, Ireland, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Peru, Philippine Commonwealth, Poland, Portugal, Spain, Sweden, Switzerland, Syria, Turkey, Union of South Africa, United Kingdom, United States of America, Uruguay, Venezuela, and Yugoslavia;

Having accepted the invitation extended to them by the Government of the United States of America to be represented at an International Civil Aviation Conference;

Appointed their respective delegates, who are listed below by countries in the order of alphabetical precedence:

AFGHANISTAN.

Abdol Hosayn Aziz, Minister to the United States; Chairman of the Delegation.

Said Tadjeddin, First Secretary, Afghan Legation, Washington.

Sher Mohamed Quraishi.

AUSTRALIA.

Arthur S. Drakeford, Minister for Air and Minister for Civil Aviation; Chairman of the Delegation.

Daniel McVey, Director General of Civil Aviation.

Lieutenant Colonel W. R. Hodgson, Secretary, Department of External Affairs.

Captain E. C. Johnston, Assistant Director General of Civil Aviation.

BELGIUM.

Viscount Alain du Parc, Minister Plenipotentiary, Belgian Embassy, New York; Chairman of the Delegation.

Joseph Jennen, Commercial Counselor for Supply, Belgian Embassy, Washington.

Joseph Nisot, Legal Adviser, Belgian Embassy, New York.

Emile Allard, Professor, University of Brussels and Liège.

Major Jean Verhaegen, Belgian Air Force.

BOLIVIA.

Lieutenant Colonel Alfredo Pacheco, Military and Air Attaché, Bolivian Embassy, Washington; Chairman of the Delegation.

Federico A. Rocha, President, Lloyd Aero Boliviano.

BRAZIL.

Hahnemann Guimarães, Solicitor General; Chairman of the Delegation.

Alberto de Mello Flores, Director of Construction, Ministry of Aeronautics.

Lieutenant Colonel Clovis M. Travassos, Air Attaché, Brazilian Embassy, Washington.

CANADA.

C. D. Howe, Minister of Reconstruction; Chairman of the Delegation.

H. J. Symington, President, Trans-Canada Air Lines.

J. A. Wilson, Director of Air Services, Department of Transport.

CHILE.

Brigadier General Rafael Sáenz, Vice President, Chilean National Airline; Chairman of the Delegation.

Colonel Gregorio Bisquert, Director, Civil Aeronautics Administration.

Colonel Raúl Magallanes, Judge Advocate, Chilean Air Force.

CHINA.

Kia-Ngau Chang, Adviser to the Chinese Government; former Minister of Communications; Chairman of the Delegation.

Major General Pang-Tsu Mow, Deputy Director of the Commission on Aeronautical Affairs.

Chieh Liu, Minister Plenipotentiary, Chinese Embassy, Washington.

COLOMBIA.

Luis Tamayo, Minister Plenipotentiary-Consul General, New York; Chairman of the Delegation.

Luis Guillermo Echeverri, Minister of Communications.

Guillermo E. Suárez, Commercial Counselor, Colombian Embassy, Washington.

Colonel Ernesto Buenaventura, Colombian Air Force; former Military Attaché, Colombian Embassy, Washington.

Lieutenant Colonel Jorge Méndez Calvo, Colombian Air Force.

COSTA RICA.

Román Macaya; Chairman of the Delegation.

Mario Saborio.

Jaime Carranza.

Edward William Scott; Adviser.

CUBA.

Felipe Pazos, Commercial Attaché, Cuban Embassy, Washington; representing the Ministry of State; Chairman of the Delegation.

Oscar Santa Maria, representing the Ministry of Communications.

Mario Torres Menier, representing the Ministry of Commerce.

Alberto Boada, representing the National Transport Commission; Secretary to the Delegation.

CZECHOSLOVAKIA.

Air Vice Marshal Karel Janoušek, Inspector General of the Czechoslovak Air Force; Chairman of the Delegation.

Lieutenant Colonel Alexander Hess, Assistant Military and Air Attaché, Czechoslovak Embassy, Washington; Vice Chairman of the Delegation.

Flight Lieutenant Josef Dubsky, R. A. F.

Kamil Kleiner.

Squadron Leader Stanislav Krejcik, R. A. F.

Sqadron[lees: Squadron] Leader Frantisek Martinek, R. A. F.

Milan Pitlik.

DOMINICAN REPUBLIC.

Charles A. McLaughlin, Technical Colonel, Army of the Dominican Republic; Chairman of the Delegation.

ECUADOR.

José A. Correa, First Secretary, Ecuadoran Embassy, Washington, Chairman of the Delegation.

Jorge J. Trujillo.

Ernesto Bonilla.

Carlos de la Paz.

Francisco Gomez Jurado.

EGYPT.

Mahmoud Bey Hassan, Minister to the United States; Chairman of the Delegation.

Mohamed Bey Roushdy, Director General of Civil Aviation.

Mohamed Ali Fahmy, Controller, Section of Aviation Inspection.

Osman Hamdy, Controller, Section of Aeronautical Navigation and Aerodromes.

Lieutenant Colonel Mohamed Abdel Halim Khalifa, R.E.A.F.

EL SALVADOR.

Francisco Parraga; Chairman of the Delegation.

Armando Llanos.

ETHIOPIA.

Blatta Ephrem Tewelde Medhen, Minister to the United States;

Chairman of the Delegation.

Getahoun Tesemma, First Secretary, Ethiopian Legation,

Washington; Alternate Delegate.

FRANCE.

Max Hymans, former Cabinet Minister; Director of Air Transport; Chairman of the Delegation.

Claude Lebel, Chief, Transport Division, Ministry of Foreign Affairs.

Pierre Locussol, Deputy Chief, Office of the Air Minister.

André Bourges, Civil Engineer of Aviation; Attaché, Office of the Air Minister.

GREECE.

Major General Demetrios T. N. Botzaris; Chairman of the Delegation.

Alexander Argyropoulos.

Group Captain John Hadjinikolis, R. H. A. F.

Wing Commander Renos Pongis, R. H. A. F.

Squadron Leader Demetrios Coundouris, R. H. A. F.

GUATEMALA.

Colonel Oscar Morales López, Chief of the Guatemalan Army Air Force; Director General of Civil Aeronautics; Chairman of the Delegation.

Francisco Linares Aranda, Second Secretary, Guatemalan Embassy, Washington.

HAITI.

Captain Edouard Roy, Commanding Officer of the Aviation Corps; Chairman of the Delegation.

HONDURAS.

Emilio P. Lefebvre; Chairman of the Delegation.

Colonel Joseph B. Pate.

José Augusto Rodríguez.

ICELAND.

Thor Thors, Minister to the United States; Chairman of the Delegation.

Agnar Kofoed-Hansen, Special Adviser to Icelandic Government in Aviation.

Gudmundur Hliddal, Director of Posts and Telegraphs.

Sigurdur Thoroddsen, Civil Engineer; Member of Icelandic Parliament.

INDIA.

Sir Girja Shankar Bajpai, Agent General for India; Chairman of the Delegation.

Sir Gurunath Bewoor, Secretary to the Government of India, Posts and Air Department.

Sir Frederick Tymms, Director of Civil Aviation in India.

Sirdar G. D. Singh, Civil Aviation Directorate.

S. C. Sen, Civil Aviation Directorate; Delegate and Secretary.

IRAN.

Mohammed Shayesteh, Minister to the United States; Chairman of the Delegation.

Hossein Navab, Consul General, New York.

Taghi Nassr, Iranian Trade and Economic Commissioner, New York.

Colonel Mahmoud Khosrovani.

IRAQ.

Ali Jawdat, Minister to the United States; Chairman of the Delegation.

Colonel Sami Fattah, Chief of the Royal Iraqi Air Force.

Akram Mushtaq, Director of Civil Aviation of Iraq.

Ali Fuad, Director of Basra Civil Airport.

IRELAND.

Robert Brennan, Minister to the United States; Chairman of the Delegation.

John Leydon, Permanent Secretary, Department of Industry and Commerce.

John J. Hearne, High Commissioner at Ottawa.

Timothy J. O'Driscoll, Principal Officer, Aviation and Marine Division, Department of Industry and Commerce.

LEBANON.

Camille Chamoun, Minister in London; Chairman of the Delegation.

Faouzi El-Hoss.

LIBERIA.

Walter F. Walker, Consul General, New York; Chairman of the Delegation.

John Lewis Cooper, Chief, Radio Service of Liberia.

LUXEMBOURG.

Hugues Le Gallais, Minister to the United States; Chairman of the Delegation.

MEXICO.

Colonel Pedro A. Chapa, representing the Ministry of Communications and Public Works; Chairman of the Delegation.

José L. Cossío, representing the Ministry of Foreign Relations.

Guillermo González, Engineer, representing the Ministry of Communications and Public Works.

Luis Andrade, representing the Ministry of National Economy.

NETHERLANDS.

M. P. L. Steenberghe, Chairman of the Netherlands Economie, Financial, and Shipping Mission; Chairman of the Delegation.

B. Kleijn Molekamp, Minister Plenipotentiary, Netherlands Embassy, Washington.

F. C. Aronstein, Member, Netherlands Economic, Financial, and Shipping Mission; Adviser to the Minister of Overseas Territories.

F. H. Copes van Hasselt, Legal Adviser in Aviation Matters, Department of Public Works and Transport.

NEW ZEALAND.

Hon. D. G. Sullivan, Minister of Industries, Commerce, Supply, and Munitions; Member of War Cabinet, Wellington; Chairman of the Delegation.

Hon. C. A. Berendsen, Minister to the United States, Washington.

Foss Shanahan, Prime Minister's Department (External Affairs Department).

Air Commodore Arthur de T. Nevill, Vice Chief of Air Staff, Wellington.

NICARAGUA.

Richard E. Frizell; Chairman of the Delegation.

NORWAY.

Wilhelm Munthe de Morgenstierne, Ambassador to the United States; Chairman of the Delegation.

Knud Soemme, Member, Board of Directors, Royal Norwegian Air Transport.

Johan Georg Raeder, Commercial Counselor, Norwegian Embassy, London.

Major Alf Heum, R. N. A. F., Chief, Section for Civil Aviation, Ministry of Defense.

PANAMA.

Carlos Icaza; Chairman of the Delegation.

Inocencio Galindo, Engineer.

Enrique Lefevre, Engineer.

Narciso E. Garay, First Secretary, Panamanian Embassy, Washington.

PARAGUAY.

Lieutenant Commander A. Daniel Candia, Naval Attaché, Paraguayan Embassy, Washington; Chairman of the Delegation.

PERU.

General Armando Revoredo, Air Attaché, Peruvian Embassy, Washington; Chairman of the Delegation.

José Koechlin, Chairman, Aviation Committee of the Chamber of Deputies.

Luis Alvarado, Minister Counselor, Ottawa.

Federico Elguera, Consul General, Chicago.

Lieutenant Commander Guillermo van Oordt, Peruvian Air Force.

PHILIPPINE COMMONWEALTH.

Jaime Hernandez, Secretary of Finance; Chairman of the Delegation.

Urbano A. Zafra, Economic Adviser to the President of the Philippine Commonwealth; Acting Chairman of the Delegation.

Colonel Manuel Nieto, Secretary of Agriculture and Commerce.

Joseph H. Foley, Manager, Philippine National Bank, New York Agency, Philippine Commonwealth.

POLAND.

Jan Ciechanowski, Ambassador to the United States; Chairman of the Delegation.

Zbyslaw Ciolkosz, Director, Civil Aviation Department, Ministry of Commerce, Industry, and Shipping; Vice Chairman of the Delegation.

Stefan J. Konorski, Legal Adviser, Civil Aviation Department. Ministry of Commerce, Industry, and Shipping.

Henryk Gorecki, Chairman, Air Communications Committee, State Air Council; former Managing Director, ‘Lot’ Air Lines.

Ludwik H. Gottlieb, International Organizations Department, Ministry of Foreign Affairs.

Stanislaw Szule, Industry Department, Ministry of Commerce, Industry, and Shipping.

Group Captain Witold Urbanowicz, Air Attaché, Polish Embassy, Washington.

PORTUGAL.

Mario de Figueiredo, former Cabinet Minister; Professor of Law, University of Coimbra; Chairman of the Delegation.

Brigadier Alfredo Delesque dos Santos Cintra, Vice President, National Air Council.

Duarte Pinto Basto de Gusmão Calheiros, Assistant Postmaster General.

Vasco Vieira Garin, Counselor, Portuguese Embassy, Washington; Portuguese Chargé d'Affaires ad interim.

SPAIN.

Esteban Terradas e Illa, President, Board of the National Institute of Aeronautical Technology; Chairman of the Delegation.

Germán Baraibar y Usandizaga, Diplomatic Officer with rank of Minister; Vice Chairman of the Delegation.

Colonel Juan Bono Boix, Director General of Civil Aviation.

Colonel Francisco Vives Camino, Director General of Ground Construction.

Lieutenant Colonel Luis Azcárraga Pérez Caballero, Director General of Flight Protection.

César Gómez Lucia, Managing Director, Iberia Airline.

Major Ultano Kindelan, Assistant Air Attaché, Spanish Embassy, London.

SWEDEN.

Ragnar Kumlin, Envoy Extraordinary and Minister Plenipotentiary to Brazil; Chairman of the Delegation.

Tord Knutsson Ångström, Assistant Director of Civil Aviation.

Per Adolf Norlm, General Manager, Swedish Intercontinental Air Lines.

Gustaf Allan Hultman, Chief of Section, General Postal Administration.

SWITZERLAND.

Charles Bruggmann, Minister to the United States; Chairman of the Delegation.

Eduard Feer, Counselor of Legation, Swiss Legation, Washington; Alternate Chairman of the Delegation.

Eduard Amstutz, Delegate for Civil Aeronautics.

Louis Clerc, Chief, Swiss Air Office.

Jean Merminod, Chief, Section for Transport, Division of Foreign Affairs.

Henry Pillichody, Special Representative, Swiss National Office of Transportation.

SYRIA.

Noureddeen Kahale; Chairman of the Delegation.

TURKEY.

Sükrü Koçak, President, Turkish Aeronautical League; Chairman of the Delegation.

Ferruh Sahinbas, Director General of State Airways.

Orhan H. Erol, Counselor, Turkish Embassy, Washington.

UNION OF SOUTH AFRICA.

S. F. N. Gie, Minister to the United States; Chairman of the Delegation.

John Martin; Co-Delegate.

UNITED KINGDOM.

Lord Swinton, Minister of Civil Aviation; Chairman of the Delegation.

Sir Arthur Street, Permanent Under Secretary, Air Ministry.

Sir George London, Government of Newfoundland.

W. P. Hildred, Director of Civil Aviation, Air Ministry.

J. H. Magowan, Minister, British Embassy, Washington.

W. C. G. Cribbett, Assistant Under Secretary, Air Ministry.

G. G. FitzMaurice, Legal Adviser, Foreign Office.

A. J. Walsh, Newfoundland.

UNITED STATES OF AMERICA.

Adolf A. Berle, Jr., Assistant Secretary of State; Chairman of the Delegation.

Josiah W. Bailey, Chairman, Committee on Commerce, United States Senate.

Owen Brewster, Member, Committee on Commerce, United States Senate.

Alfred L. Bulwinkle, House of Representatives.

William A. M. Burden, Assistant Secretary of Commerce for Air.

Rear Admiral Richard E. Byrd U. S. N., Retired.

Fiorello H. LaGuardia, Chairman, United States Section, Permanent Joint Board on Defense (Canada-United States).

L. Welch Pogue, Chairman, Civil Aeronautics Board.

Edward Warner, Vice Chairman, Civil Aeronautics Board.

Charles A. Wolverton, House of Representatives

URUGUAY.

Captain Carlos Carbajal, Uruguayan Navy; Chairman of the Delegation.

Colonel Medardo R. Farias, Military Attaché for Air, Uruguyan Embassy, Washington.

VENEZUELA

Colonel Juan de Dios Celis Paredes, Ex-Minister of War and Navy; Chairman of the Delegation (absent).

Francisco J. Sucre, Director of Communications, Ministry of Public Works; Acting Chairman of the Delegation.

Julio Blanco Ustáriz, Legal Adviser.

YUGOSLAVIA

Vladimir M. Vukmirovic, Consul General, Chicago; Chairman of the Delegation.

Squadron Leader (Captain First Class) Nenad Dj. Mirosavjlevic, Chief, Civil Aviation Division, Yugoslav Ministry of War.

Flight Lieutenant Predrag Sopalovic.

Who met at Chicago, Illinois, on November 1, 1944, under the Temporary Presidency of Adolf A. Berle, Jr., Chairman of the Delegation of the United States of America.

Henrik de Kauffmann, Danish Minister at Washington, and Mom Rajawongse Seni Pramoj, Thai Minister at Washington.

attended the First Plenary Session in response to an invitation extended by the Government of the United States to be present in a personal capacity. The Conference, on the recommendation of the Comittee on Credentials, approved the attendance of the Danish Minister and the Thai Minister at the remaining sessions of the Conference.

Warren Kelchner, Chief of the Division of International Conferences, Department of State of United States, was designated, with the approval of the President of the United States, as Secretary General of the Conference, and Theodore P. Wright, Administrator of Civil Aeronautics, Civil Aeronautics Administration, Department of Commerce of the United States, was designated Technical Secretary of the Conference.

Adolf A. Berle, Jr., Chairman of the Delegation of the United States of America, was elected Permanent President of the Conference at the Second Plenary Session, held on November 2, 1944.

Max Hymans, Chairman of the Delegation of France, and Kia-ngau Chang, Chairman of the Delegation of China, were elected Vice Presidents of the Conference.

The Executive Committee, composed of the Chairmen of the respective Delegations, and presided over by the Temporary President of the Conference, appointed a Steering Committee of the Conference, with the following membership:

Steering Committee.

Adolf A. Berle, Jr. (United States of America), Chairman ex Officio.

Abdol Hosayn Aziz (Afghanistan).

Hahnemann Guimarães (Brazil).

C. D. Howe (Canada).

Kia-Ngau Chang (China).

Luis Tamayo (Colombia).

Blatta Ephrem Tewelde Medhen (Ethiopia).

Max Hymans (France).

M. P. L. Steenberghe (Netherlands).

Wilhelm Munthe de Morgenstierne (Norway).

Lord Swinton (United Kingdom).

Captain Carlos Carbajal (Uruguay).

The Temporary President appointed the following members of the General Committees constituted by the Conference:

Committee on Nominations.

General Armando Revoredo (Peru), Chairman.

Felipe Pazos (Cuba).

Sir Gurunath Bewoor (India).

Hugues Le Gallais (Luxembourg).

Jan Ciechanowski (Poland).

Committee on Credentials.

Arthur S. Drakeford (Australia), Chairman.

Mahmoud Bey Hassan (Egypt).

Group Captain John Hadjinikolis (Greece).

Wilhelm Munthe de Morgenstierne (Norway).

Carlos Icaza (Panama).

Committee on Rules and Regulations.

S. F. N. Gie (Union of South Africa), Chairman.

Brigadier General Rafael Sáenz (Chile).

Air Vice Marshal Karel Janoušek (Czechoslovakia).

Thor Thors (Iceland).

Walter F. Walker (Liberia).

On November 30, 1944, the Coordinating Committee was appointed by the Executive Committee, with the following membership:

Coordinating Committee.

John Martin (Union of South Africa), Chairman of Committee I.

F. C. Aronstein (Netherlands), Alternate for Chairman of Committee II.

Stokeley W. Morgan (United States of America), Alternate for Chairman of Committee III.

Edmundo Penna Barbosa da Silva (Brazil), Alternate for Chairman of Committee IV.

Escott Reid (Canada).

Luis Machado (Cuba).

W. C. G. Cribbett (United Kingdom).

The Conference was divided into four Technical Committees

The officers of these Committees, as elected by the Conference, and officers of the Subcommittees established by the Committees, are listed below:

COMMITTEE I.

Multilateral Aviation Convention and International Aeronautical Body.

Chairman: John Martin (Union of South Africa).

Vice Chairman: Luis Tamayo (Colombia).

Secretary: Paul T. David.

Assistant Secretary: Virginia C. Little.

Subcommittee 1.

International Organization.

Chairman: Viscount Alain du Parc (Belgium).

Secretary: Paul T. David.

Subcommittee 2.

Air Navigation Principles.

Chairman: L. Welch Pogue (United States of America).

Secretary: Virginia C. Little.

Subcommittee 3.

Air Transportation Principles.

Chairman: H. J. Symington (Canada).

Secretary: Melvin A. Brenner.

COMMITTEE II.

Technical Standards and Procedures.

Chairman: M. P. L. Steenberghe (Netherlands).

Vice Chairman: A. D. McLean (Canada).

Reporting Delegate: Edward Warner (United States of America).

Secretary: Alfred S. Koch.

Assistant Secretary: Alfred Hand.

Subcommittee 1.

Communications Procedures; Airways Systems.

Chairman: Stanislaw Krzyczkowski (Poland).

Vice Chairman: W. A. Duncan (United Kingdom).

Reporting Member: F. W. Hancock (United Kingdom).

Secretary: Lloyd H. Simson.

Subcommittee 2.

Rules of the Air; Air Traffic Control Practices.

Chairman: Guillermo González (Mexico).

Vice Chairman: Timothy J. O'Driscoll (Ireland).

Secretary: Kenneth Matucha.

Subcommittee 3.

Standards Governing the Licensing of Operating and Mechanical Personnel; Log Books.

Chairman: Major Alf Heum (Norway).

Vice Chairman: General Armando Revoredo (Peru).

Reporting Member: R. D. Poland (United Kingdom).

Secretary: Robert D. Hoyt.

Subcommittee 4.

Airworthiness of Aircraft.

Chairman: Air Vice Marshal A. Ferrier (Canada).

Vice Chariman: Wing Commander J. M. Buckeridge (New-Zealand).

Secretary: Omer Welling.

Subcommittee 5.

Registration and Identification of Aircraft.

Chairman: Colonel Ching-Yee Liu (China).

Vice Chairman: Captain E. C. Johnston (Australia).

Secretary: John T. Morgan.

Subcommittee 6.

Collection and Dissemination of Meteorological Information.

Chairman: J. Patterson (Canada).

Vice Chairman: Major Jorge Marcano (Venezuela).

Secretary: Delbert M. Little.

Subcommittee 7.

Aeronautical Maps and Charts.

Chairman: Paul A. Smith (United States of America).

Vice Chairman: F. H. Peters (Canada).

Reporting Member: Lieutenant Colonel J. C. T. Willis (United Kingdom).

Secretary: Jeremiah S. Morton.

Subcommittee 8.

Customs Procedures; Manifests.

Chairman: Vernon G. Crudge (United Kingdom).

Vice Chairman: Josef Pick (Czechoslovakia).

Secretary: Charles M. Howell, Jr.

Subcommittee 9.

Accident Investigation, Including Search and Salvage.

Chairman: Air Commodore Vernon-Brown (United Kingdom).

Vice Chairman: Rene de Ayala (Cuba).

Secretary: Claude M. Sterling.

Subcommittee 10.

Publications and Forms.

Chairman: Captain E. C. Johnston (Australia).

Vice Chairman: Jean Peset (France).

Secretary: Floyd B. Brinkley.

COMMITTEE III.

Provisional Air Routes.

hairman: Adolf A. Berle, Jr. (United States of America).

Vice Chairman: Max Hymans (France).

Secretary: Howard B. Railey.

Assistant Secretary: Harry A. Bowen.

Subcommittee 1.

Standard Form of Provisional Route Agreements.

Chairman: Wilhelm Munthe de Morgenstierne (Norway).

Reporting Member: F. C. Aronstein (Netherlands).

Secretary: Howard B. Railey.

COMMITTEE IV.

Interim Council.

Chairman: Hahnemann Guimarães (Brazil).

Vice Chairman: Kia-ngau Chang (China).

Secretary: George C. Neal.

Assistant Secretary: Erwin R. Marlin.

Subcommittee 1.

Composition and Organization of the Interim Council.

Chairman: S. F. N. Gie (Union of South Africa).

Secretary: Erwin R. Marlin.

Subcommittee 2.

Powers and Duties of the Interim Council.

Chairman: General Armando Revoredo (Peru).

Secretary: George C. Neal.

The Final Plenary Session was held on December 7, 1944.

As a result of the deliberations of the Conference, as recorded in the minutes and reports of the respective Committees and Subcommittees and of the Plenary Sessions, the following instruments were formulated:

Interim Agreement on International Civil Aviation.

Interim Agreement on International Civil Aviation, which is attached hereto as Appendix I.

Convention on International Civil Aviation.

Convention on International Civil Aviation, which is attached hereto as Appendix II.

International Air Services Transit Agreement.

International Air Services Transit Agreement, which is attached hereto as Appendix III.

Internaional[lees: International] Air Transport Agreement.

International Air Transport Agreement, which is attached hereto as Appendix IV.

The following resolutions and recommendations were adopted:

I

Preparation of the final act.

The International Civil Aviation Conference.

Resolves:

That the Secretariat be authorized to prepare the Final Act in accordance with the suggestions proposed by the Secretary General in Journal No. 34, December 4, 1944, and that the Coordinating Committee review the text;

That the Final Act contain the definitive texts of the instruments formulated by the Conference in plenary session, and that no changes be made therein at the Final Plenary Session.

II

Draft technical annexes

Whereas:

The largest possible degree of international standardization of practice in many matters is important to safe, expeditious, and easy air navigation; and

Whereas:

These matters typically involve problems of great variety and complexity, and require that much new ground be explored; and

Whereas:

Considerable progress has been made, during the discussions of the present Conference, in the development of codes of practice agreed upon as proper by the technicians participating in the discussions, but the time has been too limited, and the number of personnel able to participate directly too small, to permit carrying the discussions to final conviction of the adequacy or correctness of certain of the determinations here made;

The International Civil Aviation Conference

Resolves:

That the drafts of annexes for an international civil aviation convention, which are attached hereto as Appendix V, be accepted by the Conference, upon the bases that:

(a)

The drafts as now presented shall be accepted by the participating States for immediate and continuing study;

(b)

They shall be accepted as constituting models of the desirable scope and arrangement of the several annexes;

(c)

The participating States undertake to forward to the Government of the United States (or to the Provisional International Civil Aviation Organization if it shall in the meantime have been established), by May 1, 1945, any recommendations which they may have for necessary additions, deletions, or amendments;

(d)

The Government of the United States (or the Provisional International Civil Aviation Organization) will transmit such suggestions to the other participating States in anticipation of meetings of the technical committees to be established by the Provisional International Civil Aviation Organization for dealing with the subject matter of the various documents, such meetings to be held as soon as practicable thereafter for the purpose of ultimate acceptance of the annexes in final form for attachment to a convention.

(e)

Meanwhile, in so far as the Technical Subcommittees have been able to agree on recommended practices, the States of the world, bearing in mind their present international obligations, are urged to accept these practices as ones toward which the national practices of the several States should be directed as far and as rapidly as may prove practicable.

III

Technical personnel

Whereas:

The development and maintenance of suitable international standards in matters relating to international air navigation will require constant analysis, by technically qualified personnel, of the development of the pertinent arts and of the various practices existing with respect thereto;

The International Civil Aviation Conference.

Resolves:

That the Provisional International Civil Aviation Organization, as soon as possible after its organization, should employ in its Secretariat a suitable body of personnel, expert in the fields of aeronautical science and practice in which continuing study will be particularly needed; and that such technically qualified members of the Secretariat should be charged to analyze and report to the Provisional International Civil Aviation Organization on problems relating to the drafting of international standards and recommended practices and to conduct and report on such other studies as will promote the safe and efficient conduct of international air transportation.

IV

Metric System

Whereas:

A standard system of measurements in all rules and regulations pertaining to air traffic on international and intercontinental airways would greatly contribute to the satefy of these operations; and

Whereas:

It is considered of high importance that figures used in rules and regulations and other data, with which air crews and other operational personnel have to deal in the preparation of and during flights over various countries, should consist of round figures which can easily be remembered;

The International Civil Aviation Conference

Resolves:

1.

That in those cases in which it appears impracticable or undesirable to make use of the metric system as a primary international standard, units in publications and codes of practice directly affecting international air navigation should be expressed both in the metric and English systems; and

2.

That the Provisional International Civil Aviation Organization shall make further unification of numbering and systems of dimensioning and specification of dimensions used in connection with international air navigation the subject of continuing study and recommendation.

V

Transfer of Title to Aircraft

Considering:

That the sale of aircraft to be used in international operations will render it desirable for the various governments to reach a common understanding on the legal questions involved in the transfer of title;

The International Civil Aviation Conference

Recommends:

That the various governments represented at this International Civil Aviation Conference give consideration to the early calling of an international conference on private international air law for the purpose of adopting a convention dealing with the transfer of title to aircraft and that such private air law conference include in the bases of discussions:

(a)

The existing draft convention relating to mortgages, other real securities, and aerial privileges; and

(b)

The existing draft convention on the ownership of aircraft and the aeronautic register,

both of which were adopted by the Comité International Technique d'Experts Juridiques Aériens (CITEJA) in 1931.

VI

Rome Convention (May 29, 1933) Relating to the Precautionary Attachment of Aircraft

Considering:

That the expeditious movement of aircraft in international commerce is essential in order that the fullest advantage may be derived from the rapid means of communication afforded by aircraft;

That the seizure of detention of aircraft where the attaching creditor cannot invoke a judgment and execution obtained beforehand in the ordinary course of procedure, or an equivalent right of execution, affects the expeditious movement of aircraft in international commerce;

The International Civil Aviation Conference

Recommends:

That the various governments represented at this International Civil Aviation Conference give consideration to the desirability of ratifying or adhering to the Convention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft, signed at Rome on May 29, 1933, during the Third International Conference on Private Air Law, in so far as such governments have not already ratified or adhered to that Convention.

VII

Resumption of and Coordination with the Sessions of CITEJA

Considering:

That the Comité International Technique d'Experts Juridiques Aériens (CITEJA), created pursuant to a recommendation adopted at the First International Conference on Private Air Law held at Paris in 1925, has made considerable progress in the development of a code of private international air law through the preparation of draft international conventions for final adoption at periodic international conferences on private air law;

That the further elaboration of this code of private international air law through the completion of pending CITEJA projects and the initiation of new studies in the field of private air law will contribute materially to the development of international civil aviation:

The International Civil Aviation Conference

Recommends:

1.

That the various governments represented at this International Civil Aviation Conference give consideration to the desirability of bringing about the resumption at the earliest possible date of the CITEJA sessions which were suspended because of the outbreak of war, of making necessary contributions toward the expenses of the Secretariat of CITEJA, and of appointing legal experts to attend the CITEJA meetings; and

2.

That consideration also be given by the various governments to the desirability of coordinating the activities of CITEJA with those of the Provisional Internaional[lees: International] Civil Aviation Organization and, after it shall have come into existence, of the permanent International Civil Aviation Organization established pursuant to the Convention on International Civil Aviation drawn up at Chicago on December 7, 1944.

VIII

Standard form of Agreement for Provisional air Routes

Whereas:

The course of military events will free certain areas of the world from the interruption which the war has caused to civil air traffic;

Whereas:

The civil transport systems and facilities of many States have been reduced to a level which is far from adequate, but on the other hand there exist wide opportunities for utilizing the airplane, which has demonstrated its efficiency in rendering rapid transportation on a large scale basis, in bringing aid to needy countries and in hastening the return of normal trade and commerce;

Whereas:

The possibilities of air transportation are so great and at the same time so unpredictable, that it is desirable to promote early development in this field during a transitional period, in order to obtain practical experience for giving effect to more permanent arrangements at a later date;

Whereas:

Every State has complete and exclusive sovereignty over the airspace above its territory; and

Whereas:

It is desirable that there should be as great a measure of uniformity as possible in any agreements that may be made between States for the operation of air services;

The International Civil Aviation Conference

Recommends:

1.

That each State undertake to refrain from including specific provisions in an agreement which grant exclusive rights of transsit, non-traffic stop, and commercial entry to any other State or airline, or from making any agreement excluding or discriminating against the airlines of any State, and will terminate any existing exclusive or discriminatory rights as soon as such action can be taken under presently outstanding agreements;

2.

That the clauses contained in the draft form of standard agreement hereinafter set out shall be regarded as standard clauses for incorporation in the agreements referred to above, it being understood that the right is reserved to the States concerned to effect such changes of wording as may be necessary in the particular case and to add additional clauses so long as such changes or additions are not inconsistent with the standard clauses, it being further understood that nothing herein shall prevent any State from entering into agreements with airlines of other States provided that such agreements shall incorporate the aforementioned standard clauses to the extent that these may be applicable:

Form of Standard Agreement for Provisional Air Routes

(1)

The contracting parties grant the rights specified in the Annex 1. hereto necessary for establishing the international civil air routes and services therein described, whether such services be inaugurated immediately or at a later date at the option of the contracting party to whom the rights are granted.

(2)
(a)

Each of the air services so described shall be placed in operation as soon as the contracting party to whom the right has been granted by paragraph (1) to designate an airline or airlines for the route concerned has authorized an airline for such route, and the contracting party granting the right shall, subject to Article (7) hereof, be bound to give the appropriate operating permission to the airline or airlines concerned; provided that the airline so designated may be required to qualify before the competent aeronautical authorities of the contracting party granting the rights under the laws and regulations normally applied by these authorities before being permitted to engage in the operations contemplated by this Agreement; and provided that in areas of hostilities or of military occupation, or in areas affected thereby, such inauguration shall be subject to the approval of the competent military authorities.

(b)

It is understood that any contracting party granted commercial rights under this Agreement should exercise them at the earliest practicable date except in the case of temporary inability to do so.

(3)

Operating rights which may have been granted previously by any of the contracting parties to any State not a party to this Agreement or to an airline shall continue in force according to their terms.

(4)

In order to prevent discriminatory practices and to assure equality of treatment, it is agreed that:

(a)

Each of the contracting parties may impose or permit to be imposed just and reasonable charges for the use of airports, and other facilities. Each of the contracting parties agrees, however, that these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services.

(b)

Fuel, lubricating oils and spare parts introduced into the territory of a contracting party by another contracting party or its nationals, and intended solely for use by aircraft of such other contracting party shall be accorded national and most-favored-nation treatment with respect to the imposition of customs duties, inspection fees or other national duties or charges by the contracting party whose territory is entered.

(c)

The fuel, lubricating oils, spare parts, regular equipment and aircraft stores retained on board civil aircraft of the airlines of the contracting parties authorized to operate the routes and services described in the Annex shall, upon arriving in or leaving the territory of other contracting parties, be exempt from customs, inspection fees or similar duties or charges, even though such supplies be used or consumed by such aircraft on flights in that territory.

(5)

Certificates of airworthiness, certificates of competency and licenses issued or rendered valid by one contracting party shall be recognized as valid by the other contracting parties for the purpose of operating the routes and services described in the Annex. Each contracting party reserves the right, however, to refuse to recognize, for the purpose of flight above its own territory, certificates of competency and licenses granted to its own nationals by another State.

(6)
(a)

The laws and regulations of a contracting party relating to the admission to 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 be applied to the aircraft of all contracting parties without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that party.

(b)

The laws and regulations of a contracting party as to the admission to 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 be complied with by or on behalf of such passengers, crew, or cargo upon entrance into or departure from, or while within the territory of that party.

(7)

Each contracting party reserves the right to withhold or revoke a certificate or permit to an airline of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a party to this Agreement, or in case of failure of an airline to comply with the laws of the State over which it operates, as described in Article (6) hereof, or to perform its obligations under this Agreement.

(8)

This Agreement and all contracts connected therewith shall be registered with the Provisional International Civil Aviation Organization.

(9)

[Where desired, here insert provisions for arbitration, the details of which will be a matter for negotiation between the parties to each agreement.]

(10)

This Agreement shall continue in force until such time as it may be amended, or superseded by a general multilateral air convention, provided, however, that the rights for services granted under this Agreement may be terminated by giving one year's notice to the contracting party whose airlines are concerned. Such notice may be given at any time after a period of two months to allow for consultation between the contracting party giving notice and the contracting parties served by the routes.

IX

Flight documents and forms

The International Civil Aviation Conference

Resolves:

That the Provisional International Civil Aviation Organization, when established, be requested to give consideration to the question of the publication of flight documents and forms in representative languages of areas through which major international air routes are operated.

X

Recommendation that certain matters be referred to the interim council for study

The International Civil Aviation Conference

Recommends:

That the matters on which it has not been possible to reach agreement between the States represented at this Conference, in particular the matters comprehended within the headings of Articles II, X, XI, and XII of Document 358 (Draft of a Section of an International Air Convention Relating Primarily to Air Transport), together with Conference Documents 384, 385, 400, 407, and 429, and all other documentation relating thereto, be referred to the Interim Council provided for in the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944, with instructions to give these matters continuing study and to submit a report thereon with recommendations to the Interim Assembly as soon as practicable.

XI

Publication of documentation

The International Civil Aviation Conference

Resolves:

That the Government of the United States of America be authorized to publish the Final Act of this Conference; the Reports of the Committees; the Minutes of the Public Sessions; the Texts of any Multilateral Agreements concluded at the Conference; and to make available for publication such additional documents in connection with the work of this Conference as in its judgment may be considered in the public interest.

XII

The International Civil Aviation Conference

Resolves:

1.

To express its gratitude to the President of the United States, Franklin D. Roosevelt, for his initiative in convening the present Conference and for its preparation;

2.

To express to its President, Adolf A. Berle, Jr., its deep appreciation for the admirable manner in which he has guided the Conference;

3.

To express to the Officers and Staff of the Secretariat its appreciation for their untiring services and diligent efforts in contributing to the attainment of the objectives of the Conference.

In witness whereof, the following Delegates sign the present Final Act.

Done at Chicago the seventh day of December 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D. C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to each of the governments represented at the Conference.

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