taking these steps it is safeguarding the eventual re-establishment of the normal relationship between Greenland and the Kingdom of Denmark. I have the honor to enclose a draft of the proposed agreement relating to the defense of Greenland, which I believe embodies the ideas agreed upon in the course of our various conversations. Accept, Sir, the renewed assurances of my highest consideration. CORDELL HULL Enclosure: Draft of Agreement The Honorable HENRIK DE KAUFFMANN, Minister of Denmark. The Danish Minister to the Secretary of State ROYAL DANISH LEGATION SIR: I have received your note of the seventh instant concerning the defense of Greenland together with a draft of a proposed agreement regarding the same subject. It is with appreciation that I note your renewed assurance that, although the present circumstances prevent the Government in Denmark for the time being from exercising its powers in respect of Greenland, your Government fully recognizes the Sovereignty of the Kingdom of Denmark over the island. At the same time I wish to convey to you my feelings of gratitude for the expression of friendly concern of your Government and its earnest hope for the complete and speedy liberation of Denmark. I share your view that the proposed agreement, arrived at after an open and friendly exchange of views, is, under the singularly unusual circumstances, the best measure to assure both Greenland's present safety and the future of the island under Danish Sovereignty. Furthermore, I am of the opinion that the terms of the agreement protect, as far as possible, the interests of the native population of Greenland whose welfare traditionally has been the paramount aim of Denmark's policy in Greenland. I, therefore, shall accept and sign the agreement as proposed, acting on behalf of His Majesty, the King of Denmark, in His capacity of Sovereign over Greenland, whose authorities in Greenland have concurred herein. I avail myself of this opportunity to renew to you, Mr. Secretary of State, the assurances of my highest consideration. The Honorable CORDELL HULL, HENRIK KAUFFMANN Secretary of State, Department of State, Washington, D. C. AIR TRANSPORT SERVICES Exchange of notes at Washington December 16, 1944, supplementing Entered into force provisionally January 1, 1945; definitively Septem- 4 58 Stat. 1485; Executive Agreement Series 430 The Secretary of State to the Danish Minister DEPARTMENT OF STATE WASHINGTON December 16, 1944 SIR: I have the honor to refer to discussions which have recently taken place at the International Civil Aviation Conference in Chicago between you and representatives of the Government of the United States of America, for the conclusion of a reciprocal air transport agreement. It is my understanding that these discussions, now terminated, have resulted in the following agreement: AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND DENMARK RELATING TO AIR TRANSPORT SERVICES The Governments of the United States of America and Denmark signed on March 12 and 24, 1934,5 an air navigation arrangement relating to the operation of civil aircraft of the one country in the territory of the other country, in which each party agreed that consent for the operations over its territory by air transport companies of the other party might not be refused on unreasonable or arbitrary grounds. Pursuant to the aforementioned arrange ment of 1934, the Government of the United States of America and the Danish Minister in Washington on behalf of Denmark hereby conclude the following supplementary arrangement covering the operation of scheduled airline services: ARTICLE 1 The contracting parties grant the rights specified in the Annex 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. ARTICLE 2 (a) Each of the air services so described shall be placed in operation as soon as the contracting party to whom the rights have been granted by Article 1 to designate an airline or airlines for the route concerned has authorized an airline for such route, and the contracting party granting the rights shall, subject to Article 6 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 either 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. ARTICLE 3 In order to prevent discriminatory practices and to assure equality of treatment, both contracting parties agree that: (a) Each of the contracting parties may impose or permit to be imposed just and reasonable charges for the use of public airports and other facilities under its control. 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 one contracting party by the other 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 one contracting party authorized to operate the routes and services described in the Annex shall, upon arriving in or leaving the territory of the other contracting party, 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. ARTICLE 4 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 party 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. ARTICLE 5 (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 without distinction as to nationality, 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 one 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 of the other contracting party upon entrance into or departure from, or while within the territory of the first party. ARTICLE 6 Each contracting party reserves the right to withhold or revoke a certificate or permit to an airline of the other party 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 5 hereof, or to perform its obligations under this agreement. ARTICLE 7 This agreement and all contracts connected therewith shall be registered with the Provisional International Civil Aviation Organization. |