61 STAT.] PERU-AIR TRANSPORT SERVICES-- Dec. 27, 1 94 6 2601 May 6, 8, July 21, 1947 Excellency Dr. Enrique Garcia Sayan the renewed assurance of his highest and most distinguished consideration. LIMA, December 27, 1946 The American Ambassador to the Peruvian Ministerfor ForeignAffairs No. 303 The Ambassador of the United States of America presents his com- pliments to His Excellency the Minister for Foreign Affairs, and has the honor to present herewith a statement of the understanding upon which the Government of the United States proposes to execute the Air Transport Agreement to be entered into with the Government of the Republic of Peru. The Air Transport Agreement to be concluded on this date between the United States of America and the Republic of Peru contemplates the use of the military airport in the Canal Zone by the airlines desig- nated in conformity with the aforementioned Agreement, but the United States military authorities reserve the right to restrict or prohibit the civil use of this airport as warranted by military require- ments, although such restrictions on or prohibition of its use will be applied on a non-discriminatory basis, and no distinction in this respect will be made between airlines designated by the United States of America and airlines designated by the Republic of Peru. Also, an international civil airport is now being constructed in the Republic of Panama, and the United States military authorities contemplate that the further civil use of the military airport in the Canal Zone may be prohibited as soon as the international airport in the Republic of Panama becomes available. In such event, there will be no further opportunity for the use of the military airport in the Canal Zone by civil airlines, and presumably it will be necessary for appropriate arrangements to be made with the Republic of Panama for the use of its new international airport in substitution for the military airport in the Canal Zone presently used by civil air services. With reference to the rights granted to designated Peruvian air- lines to carry international traffic to and from the Canal Zone, the Government of the United States of America wishes to call attention to its Air Commerce Act of 1926 as amended by its Civil Aeronautics Act of 1938, which precludes the carriage by foreign aircraft of traffic g73 S t.68;52Stat. between the Canal Zone and points in the United States, and the g 4.se .lc. 17d grant of rights to designated Peruvian airlines is accordingly subject to this limitation. This limitation will be applied without discrimina- tion to the airlines of all countries, other than the United States. It would be appreciated if His Excellency would inform the Em- bassy as to whether the foregoing correctly reflects the understanding of the Government of the Republic of Peru as the basis upon which the Air Transport Agreement is to be concluded. Prentice Cooper avails himself of this occasion to extend to His Excellency Dr. Enrique Sayan the renewed assurance of his highest and most distinguished consideration. LMA, December 27, 1946
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