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367 Drakeford to Forde

Cablegram 19 CHICAGO, 5 December 1944, 4.43 a.m.

MOST IMMEDIATE SECRET

For the Deputy Prime Minister from Mr. Drakeford.

Reference my telegram 16 of 1st December [1] [and that] [2] of the
Prime Minister of the United Kingdom [of 27th November] to the
Dominions. [3] As anticipated and following on a motion to submit
to the interim council the five freedoms [4] (see my paragraph 2)
for further study, a resolution was passed whereby the two
freedoms should be incorporated in a separate and distinct
agreement from the main convention and open to signature by states
at this Conference. That is, there will be now three documents for
signature:

(a) the main Convention,
(b) the International Air Transport Agreement (Five Freedoms) and
(c) the International Agreement relating to transit by [scheduled
international air services] (two freedoms i.e. the right of
transit and the right to land for non-traffic purposes).

The United Kingdom have indicated their intention to sign document
(c). New Zealand and the other Dominions will probably sign though
Canada is doubtful; I should like to know first who is actually
going to sign.

In view of the strong stand we have taken about international
operation and ownership there may be some criticism and press
comment if we fail to sign document (c).

On the other hand it is clear that all air transport arrangements,
since they are left out of the Convention, will have to be settled
in bilateral agreements. Our view is that better agreements may be
obtained if Australia has four freedoms to grant than if we have
only two, which will be the case if we sign (c).

Consequently, you may think it essential to give this question
further consideration in the light of the text of the document
itself. We cannot telegraph it as the final draft is still under
revision and there may be amendments.

In the circumstances I should be glad of instructions as to
whether I should sign document (c) or not. [5]

1 An unnumbered cablegram dated 1 December and bearing the
handwritten annotation '16?' is on file AA:A989, 735/832/13.

2 Words in square brackets have been inserted from the copy in
AA:A3195, 1944, 1.42914.

3 On the file cited in note 1. It urged the importance of granting
the first two freedoms and noted that the U.K. delegation had been
instructed accordingly.

4 See Document 364.

5 In Forde's cablegram 15, dispatched 6 December, Drakeford was
authorised to sign Conference documents, including the agreement
covering the two freedoms, following a decision by Full Cabinet on
the same day. (The cablegram and a memorandum recording Cabinet's
decission are on the file cited in note 1.) In the event, however,
Drakeford chose to sign only the Final Act, the Interim Agreement
on International Civil Aviation and the Convention on Civil
Aviation (the two last subject to approval or ratification by the
Commonwealth Govt). The question of signature of the International
Air Services Transit Agreement, conferring upon signatory states
the first two freedoms of the air, was referred to Full Cabinet
following Drakeford's return to Australia, together with his
report on the Conference. On 26 February 1945 Full Cabinet
approved Drakeford's action in signing the Interim Agreement, and
authorised the Australian Minister at Washington to sign the
Transit Agreement. See Full Cabinet agendum 804 in AA:A2700, vol.

14, ii.


[AA:A989, 44/735/832/13]
Last Updated: 11 September 2013
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