AIR TRANSPORT SERVICES Exchange of notes at Brussels February 1, 1946 60 Stat. 1605; Treaties and Other International Acts Series 1515 The Acting Minister of Foreign Affairs to the American MINISTRY OF FOREIGN AFFAIRS AND OF FOREIGN COMMERCE Nos 604/50742 MR. CHARGÉ D'AFFAIRES: [TRANSLATION] BRUSSELS, February 1, 1946 I have the honor to acknowledge receipt of Note no. 371, of October 25, 1945, by which you were good enough to propose putting into effect on a provisional basis the draft agreement for establishment of civil aviation lines, which is at present the subject of negotiations between our two Governments. The Belgian Government likewise is desirous of not hindering the establishment of air transport services which are actually considered possible and desirable pending conclusion of these negotiations and without prejudicing the results thereof. In consequence, it would agree to put this draft, which moreover conforms in its nine articles to Resolution VIII adopted by the Chicago Conference, into force provisionally, in order to facilitate the prompt establishment of the following civil air services: 1 A. Airline operators of the United States of America authorized under this agreement are accorded rights of transit and non-traffic stop in the territory of Belgium, as well as the right to pick up and discharge international traffic in passengers, cargo and mail at Brussels, on the following route: TIAS 1515, post, p. 620. The United States over the North Atlantic to London, Brussels, and thence to India via intermediate points in Central Europe and the Near East; in both directions. B. Airline operators of Belgium authorized under this agreement are accorded rights of transit and non-traffic stop in the territory of the United States of America, as well as the right to pick up and discharge international traffic in passengers, cargo and mail at New York, on the following route: Belgium via intermediate points over the North Atlantic to New York; in both directions. While it is recognized that operating conditions may necessitate the changing of equipment at intermediary stops, it is understood that this right cannot be availed of for the purpose of changing the long range character of the services described. The airline operators designated by each Government to operate the services described above may be required to qualify before the competent aeronautical authorities of the other government under the regulations and requirements normally applied by these authorities, before being permitted to engage in the operations contemplated by this agreement. Pending the conclusion of a formal bilateral air transport agreement, this interim arrangement will be valid for an initial period of three months. beginning February 1, 1946, renewable automatically thereafter but subject to denunciation on one month's notice by either Government at any time after the expiration of the initial period. Please accept, Mr. Chargé d'Affaires, the assurance of my most distinguished consideration. I have the honor to acknowledge receipt of Your Excellency's note of February 1, 1946, reading as follows: [For English translation of Belgian note, see above.] I take pleasure in informing Your Excellency that my Government agrees to the foregoing. Please accept, Excellency, the renewed assurances of my highest consideration. His Excellency Monsieur HERMAN VOS Acting Minister of Foreign Affairs Brussels JEFFERSON PATTERSON Chargé d'Affaires ad interim CIVIL AFFAIRS: WAR MATERIAL AND PROPERTY Exchange of letters at Brussels April 2, 1946, with text of supplement- Entered into force April 2, 1946; operative from May 16, 1944 Department of State files The Commanding General, U.S. Forces, European Theater, to the Minister of National Defense HEADQUARTERS U.S. FORCES, EUROPEAN THEATER YOUR EXCELLENCY: 2 April 1946 This will confirm, pursuant to authorization of the Joint Chiefs of Staff of the United States of America, that the supplemental arrangements relating to enemy war material and other property, which are embodied in the enclosed memorandum, are approved on behalf of the United States. It is understood that this agreement applies only to the property which fell into the hands of the Allied Forces prior to the dissolution of Supreme Headquarters, Allied Expeditionary Force, and that after such dissolution the powers reserved to the Supreme Commander will be exercised by the Commanding General, United States Forces, European Theater, as to property covered by this agreement and still in the possession of the forces under his command. This agreement shall be deemed to have been in full force and effect since 16 May 1944. JOSEPH T. MCNARNEY Lieutenant Colonel RAOUL L. A. DE FRAITEUR Brussels, Belgium. Incl. Memorandum of Supplemental Arrangements 1 Post, p. 661. MEMORANDUM OF SUPPLEMENTAL ARRANGMENTS RELATING TO ENEMY WAR MATERIAL AND OTHER PROPERTY WITHIN PARAGRAPH 16 OF THE AGREEMENT SIGNED MAY 16, 1944, BY REPRESENTATIVES OF BELGIUM AND THE UNITED STATES Paragraph 16 of the document signed on 16 May 19442 by representatives of the United States of America and Belgium, containing arrangements for civil administration in Belgian territory liberated by an Allied Expeditionary Force, provides that questions arising as a result of the liberation of Belgian territory by an Allied Expeditionary Force which are not dealt with in the agreement shall be regarded as remaining open and shall be dealt with by further agreement as may be required. The question of the disposal of war material and other property falling into the hands of the Allied Forces in Belgium are not dealt with in the document signed on 16 May 1944. Further discussions between mentioned representatives had led to agreement upon the following broad conclusions concerning the disposal of war material and other property falling into the hands of the Allied Forces in Belgium which conclusions supplement but do not alter the previous arrangements. These supplemental arrangements are also intended to be essentially temporary and practical and are designed to facilitate as far as possible the task of the Supreme Commander, Allied Expeditionary Force, with due regard to the essential needs of the civilian population of Belgium, and to further our common purpose, namely, final victory of the Allies over Germany. ARTICLE I (1) Any arms, equipment or other property whatsoever (hereafter referred to as material) belonging to, used by, or intended for use by any enemy military or paramilitary formations or any members thereof in connection with their operations shall be dealt with in accordance with the terms of this Article. (2) The Supreme Commander, Allied Expeditionary Force, shall retain, without prejudice to the question of ownership, any such material falling into the hands of forces operating under his command in Belgium, subject to the provisions of the succeeding paragraphs of this Article. (3) Where the Supreme Commander requires any such material, which prima facie appears to the Belgian authorities to be, or to have been prior to its acquisition by the enemy, in Belgian or Allied ownership (not including property in Allied public ownership brought into Belgian for use by Allied military formations in connection with their operations) and not to have been produced or constructed by order of the enemy, such material shall be 2 Ante, p. 593. |