Aircraft: Pomonaeration fMglib fro.Oanadn 1887/^/39
THB BRITISH EMBASSY, |
WASHINGTON, D. 0.,
December 22nd, 1939
No. 1439
'"V/
My Lord,
With reference to my despatches
Nos. 1045 of September 12th and 1280 of
November 17th I have the honour to transmit
to Your Lordship herewith a copy of a press
release from the Department of State dated
December 7th, 1939 stating that in general
military aircraft purchased by belligerent
governments la this country cannot be de-
livered to the purchaser by air*   The State
Department has however ruled that military
aircraft the title of which has not passed to
a belligerent government can be flown out of
the United States in accordance with regula-
tions 53 and M of Part XXI of the pamphlet
"international Traffic In Arms" enclosed in
my despatch Ho* 1045 under reference* This
means Inter alia that military aircraft belong-
ing to United States firms may be flown to
Canada for testing or demonstration purposes.
2./
The Right Honourable
The Viscount Halifax, K.O.,
etc.,      eto#, etc..
n
PRHM:JP:HK
3
-ft-
ft* It seems to M that the legal
correctness of the last sentence of the
State Department'9 statement Is open to
some doubt since it would seem that such
temporary navigation outside the United
States would constitute "transportation" of
aircraft which is forbidden by Section 2 (f)
of the Neutrality Act of November 4th, 1999.
It does not of course constitute "exportation"
which is all that was forbidden previously•
ft* As the present interpretation allows
American planes to bo flown to Canada to bo
tested or demonstrated, it would obviously not
bo to our advantage to question such a ruling*
Such a oase in fact arose last month when
arrangements were made to allow a forth Aster loan
Company** aircraft to bo flown to Canada to bo
tested by a member of the United Kingdom Air
Mission,
4. As regards the delivery of military
aircraft which have been ordered in this country
by His Majesty's Government, provisional arrange-
ments have boon made by the manufacturers, after
consultation with the Air Attache and with the
consent of the State Department and the Canadian
authorities concerned, whereby the aircraft are
flown to Sweetgraas, Montana for delivery to
Canadian pilots*   Here there is a vast natural
landing ground adjoining the frontier, and it
•trotehee/
stretches Into Canadian territory at Coutts,
Alberta.   On landing at Sweotgrass, the engines
of the aircraft are stopped.   The pianos are
then hauled across an imaginary frontier line
en to Canadian soil, where they are handed ever
to Canadian pilots and flown away*   This arrange-
ment appears reasonably satisfactory for a con-
siderable part of the year, hut now that heavy
snow has fallen in the district, which is at an
altitude of 3800 feet, conditions are not so
favourable.   The principle of this procedure is,
however, to be adopted at another frontier point
yet to be selected, and a similar procedure will
also bo followed in the case of flying boats,
which will be taken out to sea and handed over
to Canadian pilots beyond the three-mile limit
Z have the honour to be,
with the highest respect*
My Lord,
Tour Lordship's most obedient,
humble servant,
(SOD) LOVttZAN
P«8,   X azA sending a copy of this despatch to
the High Commissioner for the United Kingdom
in Canada.