CFM Files

Memorandum of Conversation, by Mr. Howard Barclay Railey53

Expecting that the iron curtain may prove as impenetrable after the conclusion of the peace treaties as it is at present, the French Foreign Office feels strongly that the economic clauses of the 5 treaties under consideration should contain a protection against this by including an article which would provide reciprocally for the first two aeronautical freedoms (right of transit and technical stop).54 The article which the French now have under consideration as a means of accomplishing this is as follows:

With a view to permitting the most rapid resumption of communications and international transit (name of country) undertakes:

a)
to accord to the civil aircraft of all the members of the United Nations who would undertake reciprocally to extend the same benefits to the civil aircraft of (name of country) under identical regulations the right of innocent flight over its territory and the right to make non-commercial stops on the airports designated by it.

In the foregoing draft the French have reluctantly proposed the reciprocal exchange of the two freedoms but would infinitely prefer that some state (preferably a small state) propose that, since these are ex-enemy nations, the two freedoms be exacted from them on a non-reciprocal basis.

If the American delegation should not feel that it can support the above French proposal it is believed that the French would be willing to modify it in such form as would elicit our backing.

In view of the lack of success which has thus far met our efforts to negotiate an air-transport arrangement with Poland it would appear that there may be merit in the French supposition that the Western Allies may expect no greater cooperation from the other Russian satellites after conclusion of the peace treaties, unless some definite provision is contained in the peace treaties themselves.55

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Note

As recent indications of the Russian attitude on civil aviation the following information which comes from sources believed to be reliable may be of interest. The Swedes have for some time been hopeful of reopening their Stockholm-Moscow service which was operated before the war. An overture was made and Russian authorities invited the Swedes to Moscow to discuss the matter. After preliminary conversation the Russians are reported to have stated “Of course, you understand that the service Moscow–Stockholm is to be operated by us”. Whereupon, the Swedes promptly went home. French sources report from Warsaw that the Russians informed the Poles that they would operate alone the service Moscow–Warsaw and that “as reciprocity” the Poles could operate from Warsaw to Berlin.

  1. Civil Air Attaché of the Embassy in France. This memorandum is based on a discussion with Claude Lebel, Chief of the Bureau of Central Administration of the French Foreign Office.
  2. The International Air Transport Agreement concluded at the International Civil Aviation Conference held in Chicago, November 1–December 7, 1944, established principles known as the “Five Air Freedoms”; for documentation, see Foreign Relations, 1944, vol. ii, pp. 355 ff.
  3. A memorandum by Railey for Thorp, dated August 27, indicated that the United States Civil Air Attaché in the Balkans, Francis Deak, recommended that the United States support inclusion in the five treaties provisions granting the United States and other United Nations all five air freedoms (see the preceding footnote) on a unilateral and nonreciprocal basis for 3, 5, or 10 years. He believed that if it proved necessary to grant reciprocity, this would not have a greatly adverse effect upon United States interests. Headquarters, United States Air Forces in Europe, concurred in Deak’s opinion (CFM Files). Regarding civil aviation matters at the Conference, see also telegram 4245 to Paris, August 20, vol. iv, p. 839.