EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND INDIA RELATING TO FLIGHTS OF MILITARY AIRCRAFT
New Delhi, 2 and 4 July 1949
I
AMERICAN EMBASSY No. 232
New Delhi, India, July 2, 1949.
Excellency:
I have the honor to refer to this Embassy's note of July 1, 1947, and to note no. D5005-FEA, dated July 5, 1947 of the Government
of India in reply embodying the text of an agreement between our Governments with respect to flights across India by military aircraft
of the United States of America and to the facilities to be accorded such aircraft while within Indian territory, and to recent discussions
which have taken place during the past several weeks between members of the Department of External Affairs, Government of India,
and representatives of the Embassy of the United States of America in New Delhi concerning the renewal of the agreement under reference.
It is my Government's understanding that the Government of India agrees to the operating of the aircraft of the United States National
Military Establishment to and across India, subject to the following stipulations:
1. The Government of India has no objection to the temporary stationing of American ground crews at specified airfields on special
occasions for the purpose of servicing American military aircraft transiting India in groups or units, provided such crews depart
as soon as their task is completed. The stationing of such personnel is expected not to exceed one to two weeks. It also has no objection
to the stationing of not more than four liaison personnel for purposes of expediting flights of U.S. Military aircraft.
2. For these flights transisting India the facilities described in Clause 4 are to be available at Bombay (Santa Cruz), Agra, Palam,
and Dum Dum. An aircraft making a stop in India should land for customs and health examination at
(i) Bombay (Santa Cruz) Airport if it enters India direct from the west without landing at Karachi, or
(ii) Palam if it has already been cleared at Karachi by the Health authorities,
(iii) Dum Dum if it enters India from the east. Agra can be used for intermediate landings, and any aerodrome can be used in an emergency.
3. In general, forty-eight hours, notice is to be given to Air Headquarters (India) of any projected arrivals. If in a special case
it should be impossible or impracticable to give such notice, information regarding flight plans and other pertinent data should
be furnished at the earliest possible moment, including reason for failure to give notice.
4. Facilities which are available to the Indian Air Forces pertaining to servicing, accommodation, refuelling, messing and transport
are also to be available to American military aircaraft, subject to conditions stated in this paragraph. Since the civil aerodromes
at Santa Cruz and Dum Dum lack adequate facilities even for existing civil aircraft, the Government of India under this agreement
can provide only refuelling, communications and metereological facilities at these aerodromes; parking on the aprons will be permitted
but no space (except in emergency) or hangars can be made available for repair and maintenance. The U.S. National Military Establishment
is to provide all specialist equipment and specialist personnel required for the maintenance of its aircraft, whereas non-specialized
equipment held by the Indian Air Force for servicing Indian Air Force aircraft is to be available to the U.S. National Military Establishment
on loan where such loan does not conflict with Indian Air Force commitments. The Government of India does not propose to charge landing
or housing fees with respect to American military aircraft, and all normal facilities relating to radio, metereology and flying aids
will be provided free of charge; but the United States Government agrees to pay for supplies of fuel, lubricants and spares received
from the Government of India, as well as for any repairs to or maintenance of American military aircraft which might be performed
by the Government of India. Accounts in the foregoing connection are to be rendered to the United States Air Attache stationed in
New Delhi, who will also be responsible for working out other administrative arrangements with the appropriate Indian officials.
American air crews also will be charged for accommodation and messing.
5. The regulations of the Government of India relating to customs, health and passport examination which are observed by Indian Air
Force aircraft and personnel will likewise be applied to American military aircraft and personnel.
6. The facilities accorded to the United States Government under the present agreement are confined to United States military aircraft
bearing appropriate service markings and manned by crews in uniform and on duty.
7. The United States Government will on a reciprocal basis grant to Indian Military aircraft transit and landing rights in continental
United States, comparable to those referred to in Clauses 1 to 4, both inclusive, and the use of airfields to be designated on request
of the Government of India.
8. The permission and arrangements as described above are to extend for an indefinite period, subject however to termination on six
months' notice by either the Government of India or the Government of the United States of America. In the event of either of the
signatory Governments becoming directly involved in hostilities, each Government reserves the right to terminate this agreement forthwith
or to reconsider the extent of its adherence thereto.
I shall be glad to have you inform me whether the above terms of the agreement governing the transit of India by aircraft of the United
States National Military Establishment, which meet the approval of the Government of the United States, are also approved by the
Government of India. If so, it is suggested that July 5, 1949 be the date on which this agreement comes into force in lieu of the
previously existing arrangements. If your Government concurs in this suggestion, the Governmnent of the United States of America
will regard the agreement as becoming effective on that date.
Please accept, Excellency, the assurances of my highest consideration.
LoY W. HENDERSON
His Excellency Pandit JAWAHARLAL NEHRU Minister for External Affairs, New Delhi.
No. F. 45-8/49-AMS
MINISTRY OF EXTERNAL AFFAIRS AND COMMONWEALTH RELATIONS
New Delhi, 4th July, 1949.
Excellency,
I have the honour to acknowledge your note No. 232 of the 2nd July, 1949, which reads as follows: (See Note I) 2.
I am pleased to inform you that the Government of India accept the terms of the agreement as communicated in your note quoted above
and agree with your suggestion that this agreement should become effective on the 5th July, 1949.
Please accept, Excellency, the assurances of my highest consideration.
K.P.S. MENON
Foreign Secretary
His Excellency
The Ambassador of the United States of America
American Embassy
New Delhi
