|EXECUTIVE ORDER 9709|
PROVIDING INTERIM ARRANGEMENTS RESPECTING CERTAIN AIR NAVIGATION FACILITIES ABROAD|
WHEREAS certain air navigation and aeronautical communications facilities provided by the United States for military purposes are located at points in foreign territory and elsewhere outside the continental limits of the United States where such facilities can be utilized to material advantage in the operation of international air carriers of the United States and of other nations; and
WHEREAS it is desirable that temporary provision be made for the custody, operation and maintenance of such facilities pending the completion of arrangements for their permanent operation or disposition:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes, including Title I of the First War Powers Act, 1941 (55 Stat. 838), and as President of the United States, it is hereby ordered as follows:
1. There are transferred to the Department of Commerce all functions and authority, facilities, property, records, equipment and maintenance supplies of the War and Navy Departments relating to the care, control, maintenance and operation, of air-navigation, air-traffic-control, airway-communication, and meteorological facilities of the United States Government (including components thereof and all structures and equipment appurtenant thereto or used in connection therewith) which (a) are located at points in foreign territory and elsewhere outside the continental limits of the United States, (b) are determined by the War or Navy Departments, as the case may be, to be no longer required for military purposes, (c) are determined by the Department of Commerce to now be or to be likely to become useful in connection with the safe and efficient operation of United States civil aircraft in foreign air commerce, and (d) can be continued in operation with funds available to the Department of Commerce for the purpose.
2. The Department of Commerce, in carrying out the provisions of section 1 of this order, and to the extent permitted by law, is authorized and empowered to make, with the collaboration and approval of the Department of State when the property is located in foreign territory, arrangements with the appropriate agencies of the respective foreign Governments, or with an appropriate international agency, or with any air carrier or other suitable private agency, for the interim custody, operation, and maintenance of facilities transferred to the Department of Commerce under the provisions of this order.
3. The Department of Commerce is authorized, on behalf of the United States, to accept funds from any foreign Government or air carrier in payment for services rendered in the operation of facilities transferred under this order, which funds shall be covered into the general fund of the Treasury.
4. The functions vested in the Department of Commerce hereunder may be performed by the Secretary of Commerce through such agencies and personnel of the Department of Commerce and in such manner and subject to such terms and conditions as he shall determine.
5. The provisions of this order shall become effective with respect to the facilities and equipment at each location at such time or times as may be agreed upon between the Department of Commerce and, as the case may be, the War Department or the Navy Department.
6. The provisions of this order shall be applicable to the facilities, property, and functions transferred by Executive Order No. 9669 of December 28, 1945, which order is hereby superseded(1).
7. The provisions of this order shall not be applicable to loran or other sea and air navigation facilities now operated by the Coast Guard, nor to any functions or authority of the Navy Department respecting such facilities.
8. Such further measures and dispositions as may be determined by the Director of the Bureau of the Budget to be necessary or appropriate to effectuate the provisions of this order shall be taken and carried out at such time and in such manner as he shall prescribe.
CROSS REFERENCE: For further transfer to the Department of Commerce of certain functions relating to air navigation facilities outside the continental United States, see E.O. 9797, infra.
HARRY S. TRUMAN
THE WHITE HOUSE,
March 29, 1946
(1) 3 CFR Cum. Supp.