Official Document Text
Source: The American Presidency Project (UCSB Archive)
By virtue of and pursuant to the authority vested in me by section 14 of title 2 of the Canal Zone Code, as amended by the act of July 9, 1937, 50 Stat. 486 (U.S.C., title 48, sec. 1314 a) I hereby prescribe the following regulations governing the entrance of foreign and domestic aircraft into the Canal Zone, and navigation of such aircraft within the Canal Zone. SEC. 1. Canal Zone set apart as military airspace reservation. The airspace above the Canal Zone, including the territorial waters within the three-mile marine boundary at each end of the Canal, is hereby set apart as and declared to be a military airspace reservation, to be known as the "Canal Zone Military Airspace Reservation." SEC. 2. Unlawful navigation of aircraft in military airspace reservation. It shall be unlawful to navigate any foreign or domestic aircraft into, within, or through the Canal Zone Military Airspace Reservation otherwise than in conformity with this Executive order: Provided, however , that none of the provisions of this order shall apply to military, naval, or other public aircraft of the United States. SEC. 3. Authorization for entrance of aircraft into the Canal Zone Military Airspace Reservation, and navigation therein. Aircraft, foreign or domestic, shall be navigated into, within, or through the Canal Zone Military Airspace Reservation only under and in compliance with an authorization granted after the effective date of this order (a) by the Civil Aeronautics Authority in the case of civil aircraft, and (b) by the Secretary of State in the case of all other aircraft. Such authorization shall be granted only after consultation with the Secretary of War, and shall be subject to the further rules and regulations contained in or issued under this order, as well as those applicable generally to the entrance of aircraft into, and their navigation within or through, the Canal Zone Military Airspace Reservation. Application for such authorization shall be made (a) to the Civil Aeronautics Authority for flights by domestic civil aircraft, and (b) to the Secretary of State for flights by all other aircraft. All applications shall, unless otherwise directed by the Secretary of State or the Civil Aeronautics Authority, so far as either has jurisdiction with respect to particular classes of flights under this order, and with the agreement of the Secretary of War, set forth (a) the name, nationality, and address of the owner and of the pilot of the aircraft, (b) the make, model, and type of aircraft and information as to the registration thereof, (c) the registration marks displayed on the aircraft, (d) the names and nationalities of all persons aboard the aircraft, including passengers and crew, (e) the itinerary of the flight, (f) the purpose of the flight, (g) the expected time of arrival and duration of the stop within the Canal Zone, and (h) a statement as to firearms and cameras, if any, to be carried. In case any persons on board the aircraft, including passengers and crew, are in any way connected, either directly or indirectly, with the civil, military, or naval services of any foreign nation, in addition to designating such persons by name and nationality, the application shall contain a statement showing their connection with such service. SEC. 4. Aircraft operated by and transporting only citizens of the United States or its possessions. Aircraft operated by and transporting only persons who are citizens of the United States or its possessions, for which authorization has been granted under provisions of this order to be navigated into, within, or through the Canal Zone Military Airspace Reservation, shall nevertheless not be so navigated into, within, or through such reservation unless the following conditions, or such of them as have not been specifically waived in each case as provided in section 6 hereof, are complied with: (a) Prior to departure from the last point of landing before reaching the Canal Zone, the person in responsible charge of the aircraft shall notify the Governor of The Panama Canal, hereinafter referred to as the 'Governor', preferably by radio, of the probable time of arrival and the crusing altitude and speed. (b) Such aircraft shall enter the Canal Zone Military Airspace Reservation via the prescribed route for private aircraft, and shall follow said route to, and land at, the landing area designated by the Governor, and such aircraft shall not pass through the said airspace reservation without so landing therein. (c) Immediately after landing in the Canal Zone, the pilot of the aircraft shall report to the Aeronautical Inspector of The Panama Canal for instructions, and shall observe the instructions received. (d) All such aircraft shall have all cameras carried therein sealed before taking off from the last point of landing prior to arrival at the Canal Zone Military Airspace Reservation, and all such cameras must remain under seal while within the said reservation. (e) Without the authorization of the Governor, no arms, ammunitions, or explosives, except small arms, shall be carried aboard such aircraft. (f) While within the Canal Zone Military Airspace Reservation, all aircraft shall be navigated in conformity with instructions or authorization of the Governor. SEC. 5. Aircraft operated by or transporting persons who are not citizens of the United States or of its possessions. Aircraft operated by or transporting persons who are not citizens of the United States or its possessions, for which authorization has been granted under provisions of this order to be navigated into, within, or through the Canal Zone Military Airspace Reservation, shall nevertheless not be so navigated into, within, or through said reservation unless the following conditions, or such of them as have not been specifically waived in each case as provided in section 6 hereof, are complied with for each flight of such aircraft: (a) The term 'flight' as used herein shall signify one or a number of aircraft under the command of or in responsible charge of a single person. (b) Not over twelve aircraft shall be included in one flight. (c) Prior to departure from the last point of landing before reaching the Canal Zone, the commander or the person in responsible charge of the flight shall notify the Governor, preferably by radio, of the probable time of arrival and the cruising altitude and speed. (d) The flight shall approach the Canal Zone following commercial air lanes to a rendezvous point, outside of the Canal Zone, designated by the Governor and announced by him to the Secretary of State or the Civil Aeronautics Authority. (e) On approaching the Canal Zone, the flight shall be met at the rendezvous by an official escort of aircraft from the Canal Zone and shall be escorted from the rendezvous point via a route prescribed by the escorting aircraft to a landing area in the Canal Zone. All such aircraft entering the Canal Zone Military Airspace Reservation shall land in the Canal Zone at the landing area designated by the Governor, and no aircraft shall pass through the said airspace reservation without so landing therein. (f) Immediately after landing in the Canal Zone, the commander or the person in responsible charge of the flight shall report to the Aeronautical Inspector of The Panama Canal for instructions, and shall observe the instructions received. (g) A similar procedure with escort shall be required in leaving the Canal Zone. (h) Without the authorization of the Governor, no arms, ammunition, or explosives, except small arms, shall be carried aboard such aircraft. (i) All such aircraft shall have all cameras carried therein sealed before taking off from the last point of landing prior to arrival at the Canal Zone Military Airspace Reservation, and all such cameras must remain under seal while within the said reservation. (j) While within the Canal Zone Military Airspace Reservation, all aircraft shall be navigated in conformity with instructions or authorization of the Governor. SEC. 6. Waiver of application of certain sections of order. The Secretary of State or the Civil Aeronautics Authority, so far as either has jurisdiction with respect to particular classes of flights under this order, and with the agreement of the Secretary of War, may waive the application of all or any part of the provisions of sections 2, 3, and 4 of this order. SEC. 7. Authority of Governor to administer order and make detailed regulations. Except as otherwise specifically provided herein, the provisions of this order shall be administered and enforced by the Governor, and the Governor is hereby authorized to make such detailed regulations as may be necessary to carry into effect the provisions of this order. SEC. 8. Punishment for violations. Any person who shall violate any of the provisions of this order shall be punishable, as provided in section 15 of title 2 of the Canal Zone Code, supra, by a fine of not more than $500, or by imprisonment in jail for not more than one year, or by both. SEC. 9. Order subject to prior order and proclamation; revocation of prior orders and regulations. The provisions of this order shall be administered subject to the provisions of Executive Order No. 8232 of September 5, 1939, entitled "Control of The Panama Canal and the Canal Zone", and the provisions of Proclamation No. 2350 of September 5, 1939, entitled "Prescribing Regulations Concerning Neutrality in the Canal Zone." Executive Order No. 4971 of September 28, 1928, designating the Secretary of State to receive and pass upon all applications for the privilege of operating commercial aircraft between the Canal Zone and foreign countries, is hereby revoked; and all other Executive orders and all regulations of the Secretary of State are hereby revoked in so far as and to the extent that they are in conflict with this order. SEC. 10. Effective date. This order shall take effect ninety days after the date hereof. FRANKLIN D ROOSEVELT The White House, September 12, 1939.