struction Finance Corporation, 15 Williams Street, New York 5, New York". Quality and weights shall be as determined upon inspection and weighing at United States port. This note, together with your reply indicating acceptance by the Government of France of the offer contained herein, shall be deemed by the Government of the United States of America as bringing the above agreement into full force and effect. The Rubber Development Corporation will execute with the appropriate French authority a contract embodying the details of the above agreement. Accept, Excellency, the renewed assurances of my highest consideration. For the Secretary of State: WILLIAM L. CLAYTON I have the honor to acknowledge the receipt of Your Excellency's note of January 28, 1946, and to inform you that the French Government is disposed to conclude an agreement for the sale of natural rubber coming from the French territories in the Far East allocated to the United States by the "Combined Raw Materials Board" or the entity succeeding it, on the following conditions: The French Government shall sell to the "Rubber Development Corporation," the American agency that has been designated for the purpose of negotiating and effecting the purchase of all natural rubber allocated to the United States of America by the "Combined Raw Materials Board" or the entity succeeding it, all the natural rubber which has been or shall be allocated to the United States coming from the French territories of the Far East, at the price of 2014 cents (in money of the United States) per pound, for the qualities called “Standard top grades," with appropriate differences for other types and qualities, delivered f.o.b. in the ports of the Far East, on seagoing vessels bound for a United States port. This price shall be paid for all the quantities of rubber mentioned in marine bills of lading bearing a date between September 2, 1945, (V-J Day) and June 30, 1946, inclu 259-333-71- -71 sive. Payment for them will be executed by the opening of letters of credit in favor of such entity as shall be designated by the French Government or in accordance with some other mode of payment the principle of which the two governments may adopt by mutual agreement. These letters of credit shall stipulate that payment will be made against delivery of merchant marine documents endorsed on board seagoing ships and furnishing proof that the rubber has been consigned to the "Reconstruction Finance Corporation”, 15 Williams Street, New York 5, New York. The quality and the weight shall be those that have been established after inspection and weighing in a port of the United States. The French Government considers that the present note, in answer to Your Excellency's note of January 28, 1946, gives executive force to the agreement the terms of which are set forth above. The competent French authorities will enter into a contract with the "Rubber Development Corporation" fixing the modalities of application of this agreement. I beg Your Excellency to be good enough to accept the assurances of my very high consideration. His Excellency The Honorable JAMES F. BYRNES Secretary of State of the United States, Washington, D.C. H. BONNET AIR TRANSPORT SERVICES Agreement signed at Paris March 27, 1946, with annex, schedules, and protocol of signature Entered into force March 27, 1946 3 Extended and amended by agreements of June 23 and July 11, 1950;1 61 Stat. 3445; Treaties and Other International Acts Series 1679 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE PROVISIONAL GOVERNMENT OF THE FRENCH REPUBLIC RELATING TO AIR SERVICES BETWEEN THEIR RESPECTIVE TERRITORIES THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE PROVISIONAL GOVERNMENT OF THE FRENCH REPUBLIC considering -that the possibilities of commercial aviation as a means of transport have greatly increased, --that it is desirable to organize the international air services in a safe and orderly manner and to further as much as possible the development of international cooperation in this field, and -that the Agreements hitherto contracted between the two governments with respect to the operation of air services should be replaced by a more general agreement in harmony with the new conditions of air transport, have appointed their representatives, who, duly authorized, have agreed upon the following: ARTICLE I The Contracting Parties grant to each other the rights specified in the Annex hereto for the establishment of the international air services set 11 UST 593; TIAS 2106. * 2 UST 1033, 1037; TIAS 2257, 2258. 10 UST 1791; TIAS 4336. '13 UST 1860; TIAS 5135. 5 forth in that Annex, or as amended in accordance with Article XII of the present Agreement (hereinafter referred to as the "agreed services"). ARTICLE II (a) 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, on condition that: (1) the Contracting Party to whom the rights have been granted shall have designated an air carrier or carriers for the specified route or routes, (2) the Contracting Party which grants the rights shall have given the appropriate operating permission to the air carrier or carriers concerned pursuant to paragraph (b) of this Article which (subject to the provisions of Article VI) it shall do with the least possible delay. (b) 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 fulfill the conditions prescribed by or under the laws and regulations normally applied by those authorities to the operations of commercial air carriers. ARTICLE III (a) The charges which either Contracting Party 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 and facilities by its national aircraft employed in similar international air services. (b) 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, any 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 and other charges imposed by the former Contracting Party, treatment not less favorable than that granted to national air carriers engaged in international air services or such carriers of the most favored nation. (c) Supplies of fuel, lubricating oils, spare parts, regular equipment and aircraft stores retained on board aircraft of any 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. "By an exchange of notes dated Feb. 19 and Mar. 10, 1947, between the American Embassy at Paris and the French Ministry of Foreign Affairs it was agreed that "Article XII" should read "Article XIII". ARTICLE IV 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 V (a) The laws and regulations of one 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 the other Contracting Party, and shall be complied with by such aircraft upon entering or departing from or while within the territory of the first party. (b) The laws and regulations of each Contracting Party as to the admission to, sojourn in and departure from its territory of passengers, crew and cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs and quarantine, shall be observed. ARTICLE VI Each Contracting Party reserves the right to withhold or revoke a certificate or permit to an air 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 V hereof, or otherwise to fulfill the conditions under which the rights are granted in accordance with this Agreement and its Annex. ARTICLE VII (a) In addition to the rights mentioned in Article I of the present Agreement, each Contracting Party grants to all air carriers of the other Contracting Party for international air services (and for all operational flights incidental to such services): (1) The right to fly across its territory without landing; (2) The right to land in such territory for non-traffic purposes. (b) In order to carry out the purposes of paragraph (a) above, each Contracting Party may designate the airways to be followed within its territory by any air carrier of the other Contracting Party, and the airports which any such services may use. |