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DEPARTMENT OP STATE
FOR THE PRESS
DECEMBER 7, 1939
No. 666
PLIGHTS OF BELLIGERENT MILITARY AIRCRAFT
Since the enactment of the Neutrality Act of 1939,
the Department has received frequent Inquiries as to
whether authorization could be obtained to make fly-away
deliveries of military aircraft purchased by belligerent
countries.    The following statement is issued with a view
to clarifying the position being taken by the Department
on this question:
Section 6(a) of the Air Commerce Act of 1926, as
amended, contains the following provisions:    "Aircraft a
part of the armed forces of any foreign nation shall not
be navigated in the United States, including the Canal
Zone, except in accordance with an authorization granted
by the Secretary of State".    The authorization referred
to in this provision of law is not being granted for
military aircraft purchased by belligerents since it would
appear to be inconsistent with the neutral obligations of
the United States to permit such aircraft to be flown
within or from the territory of the United States. For
the foregoing purposes, the following will be treated
as military aircraft:
(1) All aircraft in Category III of the
President's Proclamation of May 1, 1937, and
(2) Aircraft in Category V of the Presi-
dent's Proclamation of May 1, 1937, purchased
by or destined for the armed forces of a foreign
nation.
It should be pointed out that the above is not
applicable while the legal title to the aircraft in ¦
question remains with a citizen of the United States.