Memorandum of Interpretation of Article VIII Paragraph three.-The total amount of any permitted import, of which a share is to be assigned by either country to the other, shall include all imports of the regulated article, including such imports as may be made through public or private clearing, compensation, or payment arrangements. If the authorities of either country permit imports additional to the amount of any quota which has been established by establishing a supplementary quota, in that event an equitable share of such supplementary quota is to be assigned unconditionally to the other country. It is also to be understood that the "representative" base period should be one in which the trade of the other country was not being impaired by discriminations and was not seriously affected by conditions of an unusual and temporary character. Paragraph four, sub-paragraph (a).-To impose the condition that payment for the importation of any article must be presented in compensation would be to impose a "restriction" on the transfer of payment. Paragraph four, sub-paragraph (b).—In determining most favored nation treatment with respect to rates of exchange it is suggested that a suitable criterion would be cross rates of exchange in some free market. DRAFT CONVENTION ON THE LEGAL STATUS OF THE AIRCRAFT COMMANDER ARTICLE 1 2 (1) The commander of the aircraft shall be the person vested with the powers of safety, discipline, and authority on board the aircraft, and representing the operator. (2) Any aircraft capable of carrying at least -persons or tons of goods must have on board a person especially invested with the powers of a commander. (3) On other aircraft the appointment of a commander shall be optional. In the absence of an appointed commander the functions shall be performed by the navigator or, in his absence, by the pilot, the latter, in the absence of a special agency, having only the powers of safety, discipline, and authority such as they are contemplated in this convention. C. I. T. E. J. A. document No. 127; text adopted provisionally at the sixth plenary session, Paris, October 1931; translated by the Department of State. (4) The choice of the commander and the granting of the special agency (paragraph 3), shall devolve upon the operator of the aircraft. ARTICLE 2 The name of the aircraft commander or that of the navigator or pilot to whom a special agency has been given by virtue of article 1, paragraph 3, must be recorded on the aircraft papers; this entry shall also be required in case the commander of the aircraft is the same person as the operator thereof. ARTICLE 3 The aircraft commander shall be the master on board; he shall have disciplinary powers with respect to the navigating personnel (crew) and powers of authority with respect to the passengers. ARTICLE 4 The aircraft commander shall have the right, even without a special agency: (a) to make the necessary purchases for the voyage undertaken; (c) to take all necessary steps and incur the necessary expendi- (e) to hire and dismiss members of the crew. ARTICLE 5 (1) The powers of the aircraft commander, specified in article 4, may be enlarged in a special agency. (2) They may also be restricted. However, the use of such a restriction as a defense against third parties is conditioned upon proof, by the operator, that the third parties in question had knowledge of the restrictions involved. ARTICLE 6 The aircraft commander shall not have the right to sell the aircraft or to encumber it with mortgages or other real rights, without a special agency. ARTICLE 7 (1) The aircraft commander, in the exercise of his duties, shall have disciplinary powers over his crew, as long as he requires their services. (2) The traveler shall be subject to the authority of the aircraft commander as long as he is on board the aircraft. (3) Representation of the operator by the aircraft commander, as well as the power to perform the acts mentioned in article 4, shall last as long as the commander exercises his duties in connection with a specific voyage. ARTICLE 8 The aircraft commander must attend to the safety of the voyage; during the voyage the aircraft shall remain under his supervision, and the commander may not leave the aircraft of his own free will without serious reasons. ARTICLE 9 Births and deaths occurring on board the aircraft shall be recorded on the aircraft documents by the aircraft commander, who will issue transcripts thereof to the interested parties and who must forward, as soon as possible, certified copies thereof to the competent authority of the country where the aircraft is registered, and to the competent authority of the country of the next landing if the latter so requests. ARTICLE 10 The provisions of this convention shall not affect the provisions of international conventions or internal laws concerning requirements of public law, with which an aircraft commander and any person exercising some of his functions on board the aircraft must comply. ARTICLE 11 Aircraft assigned exclusively to domestic navigation shall not be subject to the provisions of this convention. The committee proposes that the Conference express the wish that, in addition to applying this convention, the contracting states bring their internal laws in conformity with the rules contained herein and that they undertake, without delay, to establish minimum requirements for obtaining aircraft commanders' certificates. RECENT PUBLICATIONS The following publications of direct interest in connection with Treaty Information have recently been released by the Department of State and may be secured from the Superintendent of Documents, Government Printing Office, Washington, D. C.: 1 Sockeye Salmon Fisheries: Convention Between the United States of America and Canada, and Protocol of Exchange of Ratifications.-Convention signed May 26, 1930; proclaimed August 4, 1937. Treaty Series, No. 918. 9 pp. +2 maps. 15¢. Non-Intervention: Additional Protocol Between the United States of America and Other American Republics.-Signed December 23, 1936; proclaimed September 16, 1937. Treaty Series, No. 923. 26 pp. 5¢. Good Offices and Mediation: Treaty Between the United States of America and Other American Republics.—Signed December 23, 1936; proclaimed September 16, 1937. Treaty Series, No. 925. 28 pp. 5¢. Pan American Highway: Convention Between the United States of America and Other American Republics.--Signed December 23, 1936; proclaimed September 16, 1937. Treaty Series, No. 927. 28 pp. 5¢. Artistic Exhibitions: Convention Between the United States of America and Other American Republics.-Signed December 23, 1936; proclaimed September 16, 1937. Treaty Series, No. 929. 26 pp. 5¢. Establishment: Treaty Between the United States of America and Greece.Signed November 21, 1936; proclaimed October 26, 1937. Treaty Series, No. 930. 3 pp. 5¢. Customs Privileges for Educational, Religious, and Philanthropic Institutions in Syria and the Lebanon: Agreement Between the United States of America and France; and Decree of the French High Commissioner, Dated March 27, 1937.-Agreement effected by exchange of notes signed February 18, 1937. Executive Agreement Series, No. 107. Publication No. 1107. 17 pp. 54. 32 о |