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AMENDMENT TO THE AGREEMENT OF 2 AND 4 JULY 1949 [1962] INTSer 25

AMENDMENT TO THE AGREEMENT OF 2 AND 4 JULY 1949 THROUGH EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON TRANSIT PRIVILEGES FOR MILITARY AIRCRAFT

NEW DELHI, 5 MARCH AND 22ND JULY


LETTERS

The American Embassy to the Ministry of External Affairs of India No. 524

The Embassy of the United States of America presents its compliments to the Ministry of External Affairs and has the honor to refer to an exchange of letters in 1955 between Mr. C S Jha, then Joint Secretary, Ministry of External Affairs and then American Ambassador, Mr. John Sherman Cooper on the subject of landing and housing charges for United States Military aircraft at civil aerodromes in India. In letters under references;
Ministry notified the Embassy of the intentions of the Government of India to initiate landing and housing charges effective July 1, 1995, and Ambassador Cooper interposed no objection to the levying of such charges.

As the Ministry is aware the Embassy of the United States of America has had stationed in New Delhi two aircraft VC-131A and United States Naval Attache aircraft R4D6 Dakota number 50742. These aircraft in recent months have been employed by the United States Military Supply Mission to India in connection with the military assistant being provided to the Government of India by the United States Government, and will continue to be so employed. In addition a third aircraft, a U8D, has been assigned to the Embassy for the United States Military Supply Mission to India. This aircraft will be employed almost exclusively to further the military assistance program. Also, from time to time, other United States military aircraft, on flights connected with the military assistance program, may have occasion to land at civil aerodromes in India.

In view of the foregoing the Embassy requests the Ministry to discontinue the levy of landing and housing charges on United States military aircraft using civil aerodromes in India.

The Embassy avails itself of this opportunity to renew the assurances of its highest consideration.

SEAL

Embassy of the United States of America
New Delhi, March 5, 1963.

The Ministry of External Affairs of India to the American Embassy

MINISTRY OF EXTERNAL AFFAIRS
NEW DELHI-11

Dated 22nd July, 1963

The Ministry of External Affairs presents its compliments to the Embassy of the United States of America and with reference to their Note No. 524 dated the 5th March, 1963 has the honour to say that the following three aircrafts of the embassy stationed at present in New Delhi will be exempted from the payment of landing, housing and parking charges at the Government Civil Aerodromes in India:

1. United States Air Attache Aircraft VC-131 A (Convair),
number 51-5115.

2. United States Naval Attache Aircraft R4D6(Dakota) Number
50742.

3. United States Military Supply Mission in India Aircraft: U81)

(Beechcraft), number 58-1333.

The Ministry avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its highest consideration.

SEAL

The Embassy of the United States of America in India, New Delhi.

EXCHANGE OF NOTES,
NEW DELHI, 5 MARCH AND 29 AUGUST, 1963.

The American Embassy to the Ministry of External Affairs of India

The Embassy of the United States of America presents its compliments to the Ministry of External Affairs and has the honor to refer to Embassy Note 313 of November 20, 1962, which advised the Ministry that the United States Government was replacing the present C-121 (Constellation) aircraft on the Embassy Run with C-135 (Boeing Jet) aircraft, with operational control remaining with the United States Air Force (MATS).

The newer aircraft, with its greater speed and capability, is permitted, in accordance with Ministry's Note STC/113/28/62, when entering from the West via Karachi airport, to land at Bombay, Ahmedabad or Delhi (Palam) airport, a route which interposes no difficulty nor inconvenience. On the other hand, if entry is from the East, the aircraft commander under ordinary circumstances has no alternative but to land at Calcutta (Dum Dum) before proceeding to New Delhi (Palam).

It would be a great convenience to the United States Government if entry from the East could be given the same flexibility as entry from the West if the aircraft commander could have available to him the alternative of Calcutta or New Delhi as the port of entry.

The Embassy also proposes to the Ministry the following changes with respect to the operation of MATS aircraft in India.

1. Discontinuance of formal diplomatic clearance on entry of MATS flights into India.
The Embassy believes that, particularly because of the frequency and regularity of the MATS flights into India, it would be of mutual advantage and convenience to the Ministry as well as Cue Embassy if continued submission of a Foreign Office note and the enclosure in quadruplicate could be eliminated. The Embassy of course would continue to comply rigidly with the requirement that a Flight Plan Notification be submitted to LAY.

2. Waiver of Visa requirements for crew members only. While at the present time, as notified to the Ministry in the Embassy's Note 313 of 20 November 1962, the MATS aircraft will remain in New Delhi for approximately one hour and 30 minutes on each leg of the journey, in some cases it becomes necessary for the crew to remain overnight in New Delhi. A waiver of visa requirements for the aircraft crews, all of whom are members of the United States Air Force, would be greatly appreciated.

3. Permission for employees (American nationals) of civilian agencies of the United States Government to disembark in India from MATS aircraft. Under the criteria established by the United States Air Force for use of MATS by employees (American nationals) of civilian agencies of the United States Government in areas which' have been formally designated as Isolated Areas, such employees are permitted to be transported at no personal expense on MATS aircraft to certain localities for rest and recuperation. These employees of the United States agencies would not in any event be travelling on commercial aircraft, because of the costs involved. The Ministry is therefore requested to extend its permission for employees (American nationals) of civilian agencies of the United States Government located in other countries, particularly adjacent countries, to disembark in India from MATS aircraft. The Ministry will be aware that such employees vacationing in India will contribute to the expansion of tourism and to India's foreign exchange earnings.

The Embassy avails itself of this opportunity to renew the assurances of its highest consideration.

[SEAL]
Embassy of the United States of America

New Delhi, March 5, 1963.

The Ministry of External Affairs of India to the American Embassy

MINISTRY OF EXTERNAL AFFAIRS
NEW DELHI-11
August 29, 1963

The Ministry of External Affairs presents its compliments to the Embassy of the United States of America and in continuation of this Ministry's Notes No. D 1073/63S dated 14th March, 1963 and No. SII 113 21/63 dated 4th June, 1963 regarding MATS flights in India has the honour to state as follows:

The Government of India agree that the present procedure of submitting requests for each flight in quaduplicate may be replaced by quarterly flights plans. It is, however, requested that the Embassy may kindly forward flight plans for Cue ensuring quarter well in advance. Any subsequent change in the schedule may also be communicated as soon as possible.

(ii) The Government of India regret that they cannot agree to the proposal of granting permission to the American nationals of civilian agencies to disembark in India from MATS flights, though they are prepared to consider individual requests on merit.

(iii) The Government of India have no objection to making New Delhi as port of entry for flights from the East. It is, however, requested that if any traffic is to be disembarked at Calcutta the aircraft should make the first landing there for such disembarkation.

(iv) The Government of India regret their inability to waive visa requirements for the crew members and hence it is requested that the crew members may possess transit visas as at present.

The Ministry of External Affairs avails itself of this opportunity to renew to the embassy of the United States of America the assurances of its highest consideration.

SEAL

The Embassy of the United States of America, New Delhi.


India Bilateral

Ministry of External Affairs, India


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