COMMERCIAL SAMPLES AND MODELS Exchange of notes at Paris September 22 and October 7, 1938, amend ing agreement of August 26, 1938 Entered into force October 7, 1938 Department of State files No. 1301 The American Ambassador to the Minister of Foreign Affairs EXCELLENCY: 2 PARIS, September 22, 1938 I have the honor to refer to the Embassy's Note No. 1251 of August 26, 1938, and to Your Excellency' reply thereto of the same date, as well as to the previous exchange of views concerning the temporary admission into the United States of French samples and models and, reciprocally, the temporary admission into France of samples and models manufactured in the United States. It has been noted that while the suggested reply of Your Excellency's Government, transmitted with the Embassy's note No. 1208 of July 30, 1938, the wording of which the Embassy was verbally informed was entirely satisfactory, contained the phrase in English, "whether directly or indirectly", with reference to "samples and models originating in and coming from the United States" when imported into France, the aforesaid note of Your Excellency's Government of August 26 omitted the words, "whether directly or indirectly". The Embassy is now in receipt of instructions therefore to inform Your Excellency's Government that it is our understanding that the phrase, "en provenance de", as used in the exchange of notes under reference shall include American samples and models entering France either directly or indirectly. Inasmuch as the notes exchanged under date of August 26 do not as yet appear to have been published in the JOURNAL OFFICIEL, I venture to inquire of Your Excellency whether it is the intention of the French Government thus to publish them. 1 See International Convention To Facilitate the Importation of Commercial Samples and Advertising Material (8 UST 1636; TIAS 3920). 2 Ante, p. 1029. I avail myself of this occasion to renew to Your Excellency the assurance of my highest consideration. In its note of September 22 the Embassy of the United States requested the Ministry of Foreign Affairs to inform it if the formula: "samples and models originating in and coming from the United States. . ., imported by commercial travelers . . . shall be admitted temporarily free of duty within French customs territory", which appears in the Franco-American exchange of letters of August 26, 1938, concerning samples and models, may be considered as applying to American samples and models imported "either directly or indirectly" into France. The Ministry of Foreign Affairs has the honor to inform the Embassy that the provisions of the aforesaid exchange of letters may be considered as applying to samples and models originating in and coming from the United States, imported directly by American commercial travelers, or those which are addressed to them, in France, by the American houses or companies which they represent. EMBASSY OF THE UNITED STATES Paris AIR NAVIGATION Exchange of notes at Paris July 15, 1939, with text of arrangement I have the honor to inform you that the Government of the United States of America desires to conclude with the Government of France a reciprocal arrangement in the following terms, governing the navigation of aircraft of each country in territory of the other country. ARRANGEMENT BETWEEN THE UNITED STATES OF AMERICA AND FRANCE RELATING TO AIR NAVIGATION ARTICLE 1 Pending the conclusion of a convention between the United States of America and France on the subject of air navigation, the movement of aircraft of one contracting Party over the territory of the other contracting Party shall be governed by the following provisions: ARTICLE 2 The present arrangement shall apply to the metropolitan territory of France and the United States of America, as well as the following territories, possessions or colonies, including their territorial waters over which the two countries respectively exercise jurisdiction: 1 (a) St. Pierre and Miquelon; Martinique; Guadaloupe and dependencies; and 1 Pursuant to notice of termination given by the United States. (b) Puerto Rico; Virgin Islands of the United States; and American Samoa. ARTICLE 3 The term "aircraft" employed in the present agreement shall be understood to mean private aircraft, and State aircraft, other than military, customs and police aircraft, duly registered in the territory of either of the contracting Parties. The present arrangement does not apply to military, customs or police aircraft of either contracting Party, which may not, without special authorization, be flown over the territory of the other contracting Party nor land there. ARTICLE 4 Each of the contracting Parties shall grant, in time of peace, to aircraft of the other contracting Party, duly registered in the territory of such Party, liberty of passage above its territory, provided that the conditions set forth in the present arrangement are observed. It is, however, agreed that the establishment and operation, by an enterprise of one of the contracting Parties, of a regular air route or air transport service to, over or away from the territory of the other contracting Party, with or without a stop, shall be subject to the consent of such other Party. Any air transport enterprise of either Party applying for permission to operate such regular air route or air transport service shall be required to submit its application through diplomatic channels. With the reservation of the stipulations contained in the second paragraph above concerning regular air routes or air transport services for which special consent is necessary, the aircraft of either contracting Party may proceed to one or more points of the territory of the other Party, either to land part or all of their passengers or of their cargo of foreign origin, or to take aboard part or all of their passengers, or of their cargo for a foreign destination. Each of the Parties to this arrangement may reserve to its own aircraft air commerce wholly within its own territory. The term "air commerce" as used in the preceding paragraph shall, with respect to the Parties to this arrangement, be understood to mean:-(a) navigation of aircraft in territory of either Party in the conduct or furtherance of a business; (b) the commercial transport of persons or goods between any two points in the territory of either Party. ARTICLE 5 The aircraft of each of the contracting Parties, their crews and passengers, and goods carried thereon, shall, while within the territory of the other Party, be subject to the laws in force in that territory, including all regulations relating to air navigation applicable to foreign aircraft, the transport of passengers and goods, and public safety and order, as well as any regulations concerning immigration, quarantine, customs and clearance. The contracting Parties agree to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite communication by aircraft between their respective territories, and to prevent unnecessary delays to aircraft, their crews and passengers, cargo, and the personnel of the aircraft companies traveling on business of the companies, especially in the administration of the laws relating to immigration, customs and clearance. Subject to the provisions of the first paragraph of this article and to the laws and regulations therein specified, the carriage of passengers, and the import or export of all merchandise which may be legally imported or exported, will be permitted in aircraft of the one Party into or from the territory of the other Party; and, subject to the provisions of the first paragraph of this Article and to the laws and regulations therein specified, such aircraft, their crews, passengers and cargoes, shall enjoy in the territory of the other Party the same privileges as are enjoyed by aircraft, their crews, passengers, and cargoes of the mentioned territory or foreign aircraft engaged in international commerce, their crews, passengers and cargoes; and they shall not, merely by reason of the nationality of the aircraft, be subjected to duties or charges other or higher than those which are or may be imposed on aircraft of the territory referred to or on aircraft of another foreign country engaged in international commerce, or on their crews, passengers or cargoes, it being understood that in this respect the claimant has the choice of national or mostfavored-nation treatment. Upon arrival in the territory of either of the contracting Parties, the fuel and lubricants contained in the tanks of the aircraft shall be admitted free of customs and other duties. However, no quantity can be unloaded free of duty except temporarily and under customs control. Upon departure of aircraft of either contracting Party from territory of the other contracting Party for a point outside of such territory, fuel and lubricants intended for the refueling and lubrication of such aircraft will, on a basis of reciprocity and to the extent permitted by the laws and regulations of the contracting Party in force in the territory of departure, be furnished either free of customs and other duties or, alternatively, the duties levied on such fuel and lubricants will be refunded. The expression "customs and other duties" includes import, export, excise, and internal duties and taxes of all kinds levied upon the fuel and lubricants. Aircraft of either Party, and also their equipment and spare parts on board, are in principle liable, on landing in a territory of the other party, to customs and other duties of all kinds normally chargeable on importation. |