SPECIAL TARIFF POSITION OF PHILIPPINES Exchange of notes at Washington May 4 and June 10, 1946, modifying treaty of May 13, 1858 With reference to the forthcoming independence of the Philippines on July 4, 1946, my Government considers that provision for a transitional period for dealing with the special tariff position which Philippine products have occupied for many years in the United States is an essential accompaniment to Philippine Independence. Accordingly, under the Philippine Trade Act approved April 30, 1946,1 goods the growth, produce or manufacture of the Philippines will enter the United States free of duty until 1954, after which they will be subject to gradually and regularly increasing rates of duty or decreasing duty-free quotas until 1974 when general rates will become applicable and all preferences will be completely eliminated. Since the enactment of the Philippine Independence Act approved March 24, 1934,2 my Government has foreseen the probable necessity of providing for such a transitional period and has since then consistently excepted from most-favored-nation obligations which it has undertaken toward foreign governments advantages which it might continue to accord to Philippine products after the proclamation of Philippine independence. Some thirty instruments in force with other governments, for example, permit the continuation of the exceptional tariff treatment now accorded by my Government to Philippine products, irrespective of the forthcoming change in the Commonwealth's political status. With a view, therefore, to placing the relations between the United States and Bolivia upon the same basis, with respect to the matters involved, as the relations existing under the treaties and agreements referred to in the preced 160 Stat. 141. 248 Stat. 456. ing paragraph, I have the honor to propose that the most-favored-nation provisions of the Treaty of Peace, Friendship, Commerce and Navigation between the United States and Bolivia signed May 13, 1858, shall not be understood to require the extension to Bolivia of advantages accorded by the United States to the Philippines. In view of the imminence of the inauguration of an independent Philippine Government, I should be glad to have the reply of Your Excellency's Government to this proposal at an early date. Accept, Excellency, the renewed assurance of my highest consideration. DEAN ACHESON Acting Secretary of State His Excellency Señor Don VICTOR ANDRADE Ambassador of Bolivia The Bolivian Ambassador to the Secretary of State EMBAJADA DE BOLIVIA WASHINGTON EXCELLENCY: I have the honor to refer to Your Excellency's note of May 4, 1946, with regard to the provision that the most favored nation clause of the Treaty of Peace, Friendship, Commerce and Navigation between the United States and Bolivia, signed May 13, 1858, shall not be understood to require the extension to Bolivia of advantages accorded by the United States to the Philippines. In appreciation of the facts explained in Your Excellency's note, and as an act of friendship to the Philippine Nation in the achieving of its independence, I have the honor to express, on behalf of the Bolivian Government, the acceptance of this proposition. Accept, Excellency, the assurances of my highest consideration. His Excellency Mr. JAMES F. BYRNES Secretary of State Washington, D.C. V. ANDRADE Washington, D.C., June 10, 1946 TS 32, ante, p. 721. CERTIFICATES OF AIRWORTHINESS FOR EXPORT Exchange of notes at La Paz January 2 and 29, 1947 Entered into force January 29, 1947 Department of State files The American Ambassador to the Minister of Foreign Affairs and Worship LA PAZ, BOLIVIA No. 153 EXCELLENCY: I have the honor to inform Your Excellency that the Department of State of the United States Government has requested the Embassy to inquire of the Bolivian Government whether it will accept certificates of airworthiness for export issued by the United States Civil Aeronautics Authority (CAA), covering unassembled aircraft and components which have not been previously assembled and flight tested. This pertains only to newly manufactured aircraft and components. At present the issuance of a certificate of airworthiness for export constitutes a certification that the specific aircraft being exported has been examined and found to comply with applicable standards and requirements of the CAA and any special requirements stipulated by the country of import. Such examinations have included inspection and flight testing of the aircraft after final assembly. Certificates of airworthiness for export covering aircraft components likewise evidenced inspection after assembly. Because of the mass production methods and tooling now employed by most American aircraft manufacturers, individual parts of a given model are substantially identical or interchangeable. For this reason final assembly of the aircraft can be accomplished away from the factory without difficulty and it is not considered necessary that such aircraft be flight tested by CAA inspectors before exportation from the United States. Therefore, in order to obviate the need of assembling aircraft for flight testing, with attendant expense and delay, and subsequently disassemblying for export shipment, the CAA is contemplating the issuance of certificates of airworthiness for export for unassembled aircraft which have not been previously assembled and flight tested. Likewise, the CAA contemplates issuing such certificates covering unassembled aircraft components which have not been previously assembled and tested. The following conditions will apply to aircraft and components covered by these contemplated certificates of airworthiness for export 1. The manufacturer will hold a CAA type certificate and production certificate for the particular aircraft model concerned. 2. The CAA will have determined that the article exported has been manufactured in conformity with approved data, that special requirements of the importing country have been complied with, that workmanship and materials are acceptable, and that if assembled and flight tested in accordance with instructions, it would conform to CAA airworthiness requirements. 3. That reasonable instructions for assembling and flight testing will be provided. I would therefore appreciate it if Your Excellency would inform me if the Bolivian Government is disposed to accord recognition to certificates of airworthiness for export issued by the CAA in accordance with the proposed new procedure. If Your Excellency's Government should be unwilling to accept certificates of airworthiness issued in accordance with the procedure outlined herein, I should likewise appreciate being informed if there are any conditions under which such certificates would be acceptable to the Bolivian Government. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration. His Excellency JOSEPH FLACK Dr. ANICETO SOLARES Minister for Foreign Affairs and Worship La Paz, Bolivia The Minister of Foreign Affairs and Worship to the American Ambassador No. Ty C. 88 MR. AMBASSADOR: [TRANSLATION] LA PAZ, January 29, 1947 I have the honor to refer to your note No. 153, dated January 2, 1947, in which Your Excellency, acting on instructions from the Department of State, seeks the opinion of the Government of Bolivia concerning certificates of airworthiness for exports of aircraft and components which have not been previously assembled and flight tested. In reply I take pleasure in informing Your Excellency that, in consideration of the guaranties, etc., offered by the Civil Aeronautics Authority of the United States (CAA), the Government of Bolivia will officially accept such certificates. I avail myself of this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration. ANICETO SOLARES Minister of Foreign Affairs and Worship His Excellency JOSEPH FLACK Ambassador Extraordinary and Plenipotentiary of the United States of America La Paz |