Costa Rica

RADIO

INTERNATIONAL RADIO CONVENTION

On September 13, 1932, the Costa Rican Chargé d'Affaires at Washington deposited with the Department of State the instrument of ratification by Costa Rica of the international radio convention, and the general and supplementary regulations pertaining thereto, signed at Washington November 25, 1927.7.

Nicaragua

On September 26, 1932, the instrument of ratification by Nicaragua of the international radio convention, and the general and supplementary regulations pertaining thereto, signed at Washington November 25, 1927, was deposited in the archives of the Department of State.

STATISTICS

INTERNATIONAL CONVENTION AND PROTOCOL RELATING TO ECONOMIC STATISTICS

Cuba

By a communication dated August 27, 1932, the Legal Adviser of the Secretariat of the League of Nations informed the Secretary of State of the deposit with the Secretariat on August 17, 1932, of the instrument of accession of Cuba to the convention relating to economic statistics, and protocol, signed at Geneva December 14, 1929.8

TRANSIT

CONVENTION ON THE REGULATION OF AUTOMOTIVE TRAFFIC 9

Dominican Republic

The Director General of the Pan American Union forwarded to the Secretary of State with a communication dated September 12, 1932, a certified copy of the procès verbal of deposit of the instrument of ratification by the Dominican Republic of the convention on the regulation of automotive traffic, signed at Washington October 6, 1930.

The deposit took place on September 1, 1932.

'See Bulletin No. 35, August, 1932, p. 23.

8 See Bulletin No. 32, May, 1932, p. 17.

8 See Bulletin No. 29, February, 1932, p. 18.

VISA FEES

The Netherlands

By exchange of notes dated August 9 and 13, 1932, the agreement for the waiver of passport visa fees for nonimmigrants, effective January 1, 1932, between the United States and the Netherlands, has been extended to include the territorial and overseas possessions of both Governments.10

10 See Bulletin No. 29, February, 1932, p. 18.

TEXTS OF TREATIES AND AGREEMENTS

[The publication of texts hereunder does not imply that the United
States is, contemplates becoming, or is eligible to become a party.]

DRAFT CONVENTION RELATIVE TO THE PRECAUTIONARY ATTACHMENT
OF AIRCRAFT 1

[Translation]

ARTICLE 1.

The High Contracting Parties agree to take the legislative measures necessary in order to put into effect, each on its own territory, the rules established by this convention.

ARTICLE 2.

The following aircraft shall be exempt from precautionary attachment:

(1) Aircraft assigned exclusively to a government service, the postal service included, commerce excepted;

(2) Aircraft actually put in service on a regular line of public transports and indispensable reserve aircraft.

(3) Any other aircraft ready to depart to transport persons or property for remuneration, except in a case involving a debt contracted for the voyage which it is about to make.

ARTICLE 3.

(1) In all cases adequate bond shall prevent the attachment and shall give a right to immediate release.

(2) The bond shall be adequate if it covers the amount of the debt and the costs and is assigned exclusively to payment of the creditor, or if it covers the value of the aircraft if the latter is less than the amount of the debt and the costs.

ARTICLE 4 (formerly article 5).

A decision shall be reached on the release from the attachment by a summary and rapid procedure.

1Adopted by the International Technical Committee of Aerial Legal Experts, Stockholm, July, 1932.

ARTICLE 5 (formerly article 6).

(1) If an aircraft which is not subject to attachment according to the provisions of this convention has been attached, the attaching creditor shall be liable, according to the law of the authorities ordering the attachment, for the damage to the operator and the owner resulting from the attachment or from the constitution of the bond furnished to secure release.

(2) The same rule shall apply in case of attachment executed without just cause.

ARTICLE 6 (formerly article 8).

This convention shall not apply to the precautionary measures prescribed in national legislations in bankruptcy cases.

ARTICLE 7.

This convention shall apply on the territory of all the contracting states to any aircraft registered in another contracting state.

RESOLUTION

The Committee resolves: that the contracting states should introduce the rules prescribed in this convention into their national legislation.

DRAFT CONVENTION RELATIVE TO LIABILITY FOR DAMAGES CAUSED TO THIRD PARTIES ON THE SURFACE 2

[Translation]

ARTICLE 1.

(1) Any damage caused by an aircraft in manoeuvres or in flight to persons or property on the surface shall give a right to compensation by the mere fact that the damage exists and that it has been caused by the aircraft.

(2) This liability may be reduced or avoided only in case the injured person is at fault and in accordance with the provisions of the law of the court before which the case is brought.

'Adopted by the International Technical Committee of Aerial Legal Experts, Stockholm, July, 1932. The present draft is a revision of the draft adopted by the committee at its fifth session, held at Budapest in October, 1930, which is brought up to date by the provisions concerning the guaranties to be furnished by the operator, adopted by the committee at its seventh session, held at Stockholm in July, 1932. The changes and new provisions introduced at Stockholm appear below in italic type.

For text of the draft convention of 1930, see Bulletin No. 19, April, 1931,

ARTICLE 2.

Under the same conditions compensation must also be made for the following:

(a) The damage caused by any body whatever falling from the said aircraft, even in the case of regulation jettison of ballast or of jettison made under conditions of necessity; (b) Any damage caused by any person on board the aircraft, except in a case where it is proved that the damage was caused intentionally by an act not connected with the operation and without the operator or his agents being able to prevent it.

ARTICLE 3.

(1) The liability contemplated in the preceding articles shall attach to the operator of the aircraft, subject to his recourse against the author of the damage;

(2) Any person who makes use of the aircraft on his own account shall be considered operator of the aircraft;

(3) In case the name of the operator is not inscribed on the aeronautical register or any other official document, the owner shall be considered to be the operator until proof to the contrary is submitted.

ARTICLE 4.

(1) The operator of the aircraft shall be liable for every accident up to the amount of the value of the aircraft at the place and time it was first put into service;

(2) One half of this value shall be allotted to the compensation for damages caused to persons and the other half to the compensation for damages caused to property;

(3) However, the limit of his liability shall not be less than (2,500,000) francs for each category of damages;

(4) If the amount allotted to the compensation for damages caused to property is not wholly absorbed, the remainder shall be applied to the compensation for damages caused to persons;

(5) (The sums indicated above shall be considered as referring to the French franc containing 651⁄2 milligrams of gold of a fineness of 900/1000. They shall be convertible into every national money in round numbers.)

ARTICLE 5.

If there are several persons suffering damages in the same accident and if the sum total to be paid as compensation exceeds the limits prescribed in article 4, there shall be grounds for such proportional reduction in each party's claim that the total amount will not exceed the above-mentioned limits.