SPECIAL TARIFF POSITION OF PHILIPPINES Exchange of notes at Washington May 4 and September 10, 1946, modifying convention of April 26, 1826 Entered into force September 10, 1946 Convention replaced July 30, 1961, by treaty of October 1, 19511 61 Stat. 2439; Treaties and Other International Acts Series 1572 The Acting Secretary of State to the Danish Chargé d'Affaires ad interim DEPARTMENT OF STATE WASHINGTON SIR: May 4 1946 With reference to the forthcoming independence of the Philippines on July 4, 1946, my Government considers that provision for a transitional period for dealing with the special tariff position which Philippine products have occupied for many years in the United States is an essential accompaniment to Philippine independence. Accordingly, under the Philippine Trade Act approved April 30, 1946,2 goods the growth, produce or manufacture of the Philippines will enter the United States free of duty until 1954, after which they will be subject to gradually and regularly increasing rates of duty or decreasing duty-free quotas until 1974 when general rates will become applicable and all preferences will be completely eliminated. Since the enactment of the Philippine Independence Act approved March 24, 1934,3 my Government has foreseen the probable necessity of providing for such a transitional period and has since then consistently excepted from most-favored-nation obligations which it has undertaken toward foreign governments advantages which it might continue to accord to Philippine products after the proclamation of Philippine independence. Some thirty instruments in force with other governments, for example, permit the continuation of the exceptional tariff treatment now accorded by my Govern 1 12 UST 908; TIAS 4797. 2 60 Stat. 141. 348 Stat. 456. ment to Philippine products, irrespective of the forthcoming change in the Commonwealth's political status. With a view, therefore, to placing the relations between the United States and Denmark upon the same basis, with respect to the matters involved, as the relations existing under the treaties and agreements referred to in the preceding paragraph, my Government proposes that the most-favored-nation provisions of the Treaty of Friendship, Commerce and Navigation between the United States and the Kingdom of Denmark signed April 26, 1826,* shall not be understood to require the extension to Denmark of advantages accorded by the United States to the Philippines. In view of the imminence of the inauguration of an independent Philippine Government, I should be glad to have the reply of your Government to this proposal at an early date. Accept, Sir, the renewed assurances of my high consideration. DEAN ACHESON Acting Secretary of State Mr. CARL A. C. BRUN, Chargé d'Affaires ad interim of Denmark. The Danish Minister to the Acting Secretary of State SIR: SEPTEMBER 10, 1946 I have the honor to acknowledge receipt of the Department of State's note of May 4th, according to which the Government of the United States of America considers that provision for a transitional period for dealing with the special tariff position which the Philippines products have occupied for many years in the United States, is an essential accompaniment to Philippine independence. Accordingly, under the Philippine Trade Act approved April 30, 1946, goods the growth, produce or manufacture of the Philippines, will enter the United States free of duty until 1954, after which they will be subject to gradually and regularly increasing rates of duty or decreasing duty-free quotas until 1974 when general rates will become applicable and all preferences will be completely eliminated. Upon instructions received, I have the honor to inform you that the Danish Government agree that the most-favored-nation provisions of the Treaty of Friendship, Commerce and Navigation between the United States and the Kingdom of Denmark signed on April 26, 1826, shall not be understood to 'TS 65, ante, p. 1. 259-333-71- -10 require during the said period the extension to Denmark of the abovementioned advantages accorded by the United States of America to the Republic of the Philippines. I avail myself of this opportunity to renew to you, Sir, the assurances of my highest consideration. The Honorable WILLIAM L. CLAYTON Acting Secretary of State POVL BANG-JENSEN AIR SERVICE FACILITIES: KASTRUP AIRPORT No. 304 Exchange of notes at Copenhagen September 26 and October 1, 1946 61 Stat. 3851; Treaties and Other International Acts Series 1734 The American Minister to the Minister of Foreign Affairs EXCELLENCY: AMERICAN LEGATION I have the honor to refer to the Legation's Aide Memoire of April 30, 1946, with regard to the United States Army air navigation, air communication and weather facilities located at Kastrup airport and to the communication of July 9, 1946, from Direktøren for Luftfartsvaesenet on the same subject. I am instructed by my Government to inform Your Excellency that my Government is prepared to turn over to the Royal Danish Government the facilities mentioned above, under the following arrangement: "The Danish Government agree: 1. To operate and maintain the facilities in a manner adequate for the air traffic in the airport at which the facilities are located and along the recognized international air routes converging on that airport and in pursuance of the rules for the time being in force within PICAO,1 of which Denmark is a member. 2. To provide on a non-discriminatory basis the service of the facilities to all aircraft under the rules of PICAO. All messages permitted under PICAO shall be conveyed, and computation of charges, if any, shall also be made in pursuance of the rules of PICAO. 3. To instruct the Danish Meteorological Aeronautical Service to take care that the messages necessary for the air traffic and the meteorological institutions are transmitted according to the rules laid down by PICAO and OMI, and to transmit to aircraft over Danish territory the messages necesfor the air traffic. 4. To keep and operate the facilities in the airport of Copenhagen until new facilities are supplied in pursuance of the rules fixed by PICAO, or until it may be agreed upon between the Danish and United States Governments that there is no longer a need for the original facilities for complying with PICAO's rules. The Danish Government agree that the facilities will be devoted exclusively to the aeronautical service and will not be diverted to other communication service. 5. To provide staff at the air, ground, and tower services in pursuance of the PICAO's rules. The Danish authorities will, if and when in their opinion it is of importance for the service, call in a representative of the owner of the aircraft concerned. 6. To use to the necessary extent the frequencies for air, ground, and control tower operations laid down by PICAO. 7. To permit direct contact between the Sections of the Civil Air Department in the airport of Copenhagen and the local representatives of USA airlines. The United States Government agrees: 1. To include in the transfer of the facilities one year's consumption of maintenance parts and expendable supplies, wherever their stocks permit. 2. To do everything possible to assist the Government of Denmark or its representatives in purchasing through regular commercial channels maintenance parts and expendable supplies for the operation of the facilities." I should appreciate being advised by Your Excellency whether the Royal Danish Government is likewise agreeable to this arrangement so that necessary documents of transfer may be completed by the competent authorities of our two Governments. Accept, Excellency, the renewed assurances of my highest consideration. JOSIAH MARVEL, Jr., I have the honour to acknowledge with thanks the receipt of your note No. 304 of September 26, 1946, in which you have been good enough to |