ARTICLE 8 Either contracting party may terminate the rights for services granted by it under this agreement by giving one year's notice to the other contracting party. ARTICLE 9 Except as may be modified by the present agreement, the general principles of the aforementioned air navigation arrangement of 1934, as applicable to scheduled air transport services, shall continue in force until otherwise agreed upon by the two contracting parties. ARTICLE 10° In the event either of the contracting parties considers it desirable to modify the routes or conditions set forth in the attached Annex, it may request consultation between the competent authorities of both contracting parties, such consultation to begin within a period of sixty days from the date of the request. When these authorities mutually agree on new or revised conditions affecting the Annex, their recommendations on the matter will come into effect after they have been confirmed by an exchange of diplomatic notes. ANNEX TO AIR TRANSPORT AGREEMENT BETWEEN THE 7 A. Airlines of the United States authorized under the present agreement are accorded rights of transit and non-traffic stop in Danish territory, including Greenland, as well as the right to pick up and discharge international traffic in passengers, cargo and mail at Copenhagen, on the following route: The United States to Denmark and points beyond, via intermediate points; in both directions. B. Airlines of Denmark authorized under the present agreement are accorded rights of transit and non-traffic stop in the territory of the United States, as well as the right to pick up and discharge international traffic in passengers, cargo and mail at New York or Chicago, on the following route: Denmark to the United States, via intermediate points; in both directions. You will, of course, understand that this agreement may be affected by subsequent legislation enacted by the Congress of the United States. For an agreement of Aug. 6, 1954, deleting art. 10 and inserting new arts. 10-15, see 5 UST 1422; TIAS 3014. *For amendments to annex, see agreement of Oct. 23 and Dec. 5, 1945, and Mar. 21, 1946 (TIAS 1519), post, p. 119; for complete revisions, see agreements of July 8, 1958 (9 UST 1005; TIAS 4071), and June 7, 1966 (17 UST 712; TIAS 6021). I shall be glad to have you inform me whether it is your understanding that the terms of the agreement resulting from the discussions are as above set forth. If so, it is suggested that the agreement enter into force provisionally on January 1, 1945 and definitively upon confirmation by a free Danish Government when such a Government shall have been established following the liberation of Denmark. If you concur in this suggestion the Government of the United States will regard the proposal as becoming effective under these terms. Accept, Sir, the renewed assurances of my highest consideration. For the Secretary of State: The Honorable HENRIK DE KAUFFMANN, Minister of Denmark The Danish Minister to the Secretary of State ROYAL DANISH LEGATION SIR: I have the honor to acknowledge the receipt of your note of December 16, 1944 in which you communicated to me the terms of a recipocal air transport agreement between Denmark and the United States of America, as understood by you to have been agreed to in discussions, now terminated, between myself and representatives of the Government of the United States at the International Civil Aviation Conference in Chicago. The terms of this agreement which you have communicated to me are as follows: [For text of agreement, see U.S. note, above.] In reply, I take pleasure in stating that the terms of the agreement as communicated to me are acceptable. Furthermore, I am pleased to accept your suggestion that the agreement enter into force provisionally on January 1, 1945, and definitively upon confirmation by a free Danish Government, when such Government shall have been established following the liberation of Denmark. I avail myself of the occasion to renew to you, Sir, the assurances of my highest consideration. The Honorable EDWARD R. STETTINIUS, Jr., Secretary of State. HENRIK KAUFFMANN AIR TRANSPORT SERVICES Exchange of notes at Washington October 23 and December 5, 1945, and March 21, 1946, amending agreement of December 16, 1944 Entered into force March 21, 1946 Terminated by agreement of July 8, 1958 1 1 60 Stat. 1646; Treaties and Other International Acts Series 1519 The Danish Minister to the Secretary of State ROYAL DANISH LEGATION WASHINGTON, D.C. SIR, On December 16, 1944, an Agreement Relating to Air Transport Services was concluded between Denmark and the United States of America,2 effective provisionally from January 1, 1945. Acting upon instruction from my Government, I now have the honor to advise you that by Royal decree of September 29, 1945, this Air Transport Agreement has been confirmed by the Danish Government. At the same time I beg to inform you that I have been instructed to discuss with the American authorities the following two amendments to the Agreement (I and II) of which No. I is proposed by the Danish Government and No. II by the American Government: I The Danish Government would appreciate as a matter of reciprocity to have the last lines of paragraph B in the Annex to the Air Transport Agreement amended to read as follows: “Denmark to the United States and points beyond via immediate points; in both directions." II With reference to paragraph A of the Annex to the Air Transport Agreement, the American Government has expressed a wish through the American Legation in Copenhagen that a clause be inserted at the end of the paragraph, reading as follows: 19 UST 1005; TIAS 4071. EAS 430, ante, p. 114. "Rights of transit and non-traffic stop are granted United States airlines in the territory of Greenland on a route between the United States and Europe." I shall be much obliged if you will be good enough to inform me whether the American Government is prepared to conclude a revised Agreement containing the above mentioned amendments to the text of the Annex to the Air Transport Agreement. I avail myself of this opportunity to renew to you, Sir, the assurances of my highest consideration. HENRIK KAUFFMANN The Honorable JAMES F. BYRNES Secretary of State Department of State Washington, D.C. The Secretary of State to the Danish Minister DEC 5 1945 SIR: I have received your note of October 23, 1945 in which you advise the Department that by Royal decree of September 29, 1945 the Air Transport Agreement between the United States of America and Denmark, effective provisionally from January 1, 1945, has been confirmed by the Danish Government. The Department is gratified at this action, and is pleased to advise you that it considers this agreement as being definitively in force as from the date of the aforementioned Royal decree. You also inform the Department that you have been instructed to discuss with the American authorities two amendments to the Agreement as follows. 1. A change of the last lines in Section B of the Annex amending them to read as follows: "Denmark to the United States and points beyond, via intermediate points; in both directions." I am pleased to inform you that the Department agrees to this change in wording suggested by the Danish Government. You also inform the Department that the Danish Government accepts the suggestion of the American Government that a clause be inserted at the end of Section A of the Annex, the effect of which would be to grant rights of transit and non-traffic stop in Greenland to United States airlines operating between the United States and Europe. Since the first paragraph of Section A already grants these rights to United States air services operating on the route to Denmark, it is now suggested for purposes of clarity that the proposed final paragraph of Section A read as follows: "Rights of transit and non-traffic stop with respect to Greenland are also granted to United States airlines on a route or routes between the United States and Europe." If the revisions of Sections A and B of the Annex as set forth above are agreeable to the Danish Government, my Government will be pleased to consider the revised Agreement effective as from the date of the Danish Government's reply of acceptance. Accept, Sir, the renewed assurances of my highest consideration. For the Secretary of State: I have the honor to advise you that after receiving your note of December 5th regarding the Air Transport Agreement between the United States of America and Denmark of December 16, 1944, I passed the contents of the note on to the Ministry for Foreign Affairs in Copenhagen. I have now been instructed to inform you that the Danish Government agrees to the two amendments to Section A and B of the Annex to the Agreement as set forth in your aforementioned note and that the revised Agreement will become effective as from today's date. I avail myself of this opportunity to renew to you, Sir, the assurances of my highest consideration. The Honorable JAMES F. BYRNES Secretary of State Department of State HENRIK KAUFFMANN |