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No. 90

SIR,

The British Ambassador to the Secretary of State

BRITISH EMBASSY, Washington, D.C., April 5th, 1935

I have the honour, under instructions from His Majesty's Principal Secretary of State for Foreign Affairs, to acknowledge receipt of your Note of to-day's date, setting forth the treatment which the Government of the United States are prepared, in return for the reciprocal treatment set out in my Note of March 28th to accord to British aircraft as defined in your Note, their crews, passengers and cargoes, in regard to air navigation.

2. I have the honour to state in reply that His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland concur in the terms of your Note under reply, and regard them as affording the reciprocal treatment referred to in my Note of March 28th. His Majesty's Government in the United Kingdom also concur in your suggestion that the arrangements set out in the two Notes shall take effect one calendar month from this day's date.

I have the honour to be, with the highest consideration, Sir,

Your most obedient, humble servant,

The Honourable

CORDELL HULL,

Secretary of State of the United States,

Washington, D. C.

R. C. LINDSAY

No. 78

SIR,

PILOT LICENSES FOR CIVIL AIRCRAFT

Exchange of notes at Washington March 28 and April 5, 1935
Entered into force May 5, 1935

49 Stat. 3731; Executive Agreement Series 77

The British Ambassador to the Secretary of State

BRITISH EMBASSY,

Washington, D.C., March 28, 1935

I have the honour, under instructions from His Majesty's Principal Secretary of State for Foreign Affairs, to state that His Majesty's Government in the United Kingdom of Great Britain and Northern Ireland are prepared, in consideration of reciprocal treatment by the Government of the United States of America, to accord to United States nationals as defined below the following treatment in respect of air pilots' licences:

2. (i) The territories in which the treatment specified in the subsequent paragraphs of this Note will be accorded (hereinafter referred to as the territories to which this Note applies) are: the United Kingdom of Great Britain and Northern Ireland and the territories specified in the schedule hereto, together with any territories to which the provisions of this Note may at any time be applicable by virtue of paragraph 4.

(ii) The term "air pilots' licences" as used in this Note means pilot licences for the piloting of civil aircraft.

(iii) For the purposes of this Note the term "United States nationals" means all citizens of the United States of America and other persons owing allegiance thereto belonging to any territory under the sovereignty, jurisdiction or authority of the United States to which your reply to this Note shall apply.

3. In the territories to which this Note applies air pilots' licences will be issued to United States nationals upon the same conditions as they are issued to British subjects and British protected persons, and such licences will entitle United States nationals to the same rights and privileges in the matter of air pilotage as British subjects.

4. (i) His Majesty's Government in the United Kingdom may at any time by means of a notification in writing addressed to the Government of the United States apply the provisions of this Note to all or any British

colonies, overseas territories or protectorates or to any mandated territories in respect of which the mandate is exercised by His Majesty's Government in the United Kingdom, other than those specified in the schedule to this Note. Such application shall take effect two calendar months after the date of the receipt of the notification.1

(ii) His Majesty's Government in the United Kingdom may subsequently give notice in writing to the Government of the United States of the termination of the application of this Note to any territory to which it has become applicable by notification under the preceding sub-paragraph. In that event such application shall cease two calendar months after the date of the receipt of the notification.

5. His Majesty's Government in the United Kingdom may terminate the arrangements set out in this Note at any time by means of a notification in writing addressed to the Government of the United States to take effect two calendar months after the date of its receipt.

6. I shall be glad if you will inform me whether the Government of the United States concur in the terms of this Note, and are willing to grant reciprocal treatment to British subjects and British protected persons belonging to territories to which this Note applies.

I have the honour to be with the highest consideration, Sir,
Your most obedient, humble servant,

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1On Jan. 25, 1936, the United Kingdom gave notice of application of this agreement

to Southern Rhodesia, effective Mar. 28, 1936.

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EXCELLENCY:

The Secretary of State to the British Ambassador

DEPARTMENT OF STATE,
Washington, April 5, 1935

I have the honor to invite reference to your Note of March 28, 1935, setting forth the treatment which His Majesty's Government in the United Kingdom is prepared, in return for reciprocal treatment, to accord to United States nationals as therein defined, in respect of air pilots' licenses, and to state in reply that the Government of the United States of America concurs in its terms and is prepared in return for the treatment therein specified to accord the following reciprocal treatment to British subjects as defined below

2. (i) The territories in which the treatment specified in the subsequent paragraphs of this Note will be accorded (hereinafter referred to as the territories to which this Note applies) are: the Continental United States of America and the territories specified in the Schedule hereto, together with any territories to which the provisions of this Note may at any time be applicable by virtue of paragraph 4.

(ii) The term "air pilots' licences" as used in this Note means pilot licenses for the piloting of civil aircraft.

(iii) For the purposes of this Note the term "British subjects" means all British subjects and British protected persons belonging to any of the territories to which Your Excellency's Note under reference applies.

3. In the territories to which this Note applies air pilots' licenses will be issued to British subjects upon the same conditions as they are issued to United States nationals, and such licenses will entitle British subjects to the same rights and privileges in the matter of air pilotage as United States nationals.

4. (i) The Government of the United States may at any time by means of a notification in writing addressed to His Majesty's Government in the United Kingdom apply the provisions of this Note to all or any United States territories or possessions, other than those specified in the Schedule to this Note. Such application shall take effect two calendar months after the date of the receipt of the notification.

(ii) The Government of the United States may subsequently give notice in writing to His Majesty's Government in the United Kingdom of the termination of the application of this Note to any territory to which it has become applicable by notification under the preceding sub-paragraph. In that event such application shall cease two calendar months after the date of the receipt of the notification.

5. The Government of the United States may terminate the arrangements set out in this Note at any time by means of a notification in writing addressed to His Majesty's Government in the United Kingdom to take effect two calendar months after the date of its receipt.

6. I shall be glad if Your Excellency will inform me whether His Majesty's Government in the United Kingdom concurs in the terms of this Note, and regards them as affording the reciprocal treatment referred to in Your Excellency's Note under reply. I have the honor to suggest, in that event, that the arrangements set out in the two Notes shall take effect one calendar month from this day's date.

Accept, Excellency, the renewed assurances of my highest consideration. CORDELL HULL

His Excellency

The Honorable Sir RONALD LINDSAY, P.C.,

G.C.M.G., K.C.B., C.V.O.

British Ambassador.

[ENCLOSURE]

SCHEDULE

Alaska.

American Samoa (comprising the Island of Tutuila, the Manua Islands, and all other islands of the Samoan group east of longitude 171° west of Greenwich, together with Swains Island).

Puerto Rico (including Vieques, Culebra, Mona and Desecheo).

Virgin Islands of the United States (comprising St. Thomas, St. John, St. Croix and dependent islets).

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