MEMORANDUM OF CONSULTATIONS
Delegations representing the United Arab Emirates (U.A.E.) and the United States of America met in Washington, D.C., April 13, 1999, to discuss the establishment of an openskies regime that would govern air services between their countries. A list of both delegations appears as Attachment A.
The cordial and productive discussions resulted in the delegations reaching agreement, ad referendum, and initialing the text of an Air Transport Agreement between the Governments of the United States of America and the United Arab Emirates (Attachment B). Delegations represented the intentions of their respective aeronautical authorities to permit operations consistent with the terms of the attached Agreement on the basis of comity and reciprocity from the time of its initialing.
The delegations noted the positive aviation relationship between the countries, and agreed that conclusion of an open-skies air transport agreement would enhance for both countries current and future benefits brought by air services.
In discussing the text of the Agreement, the U.S. delegation assured the U.A.E. delegation that Annex I confers traffic rights between all points on the agreed routes except cabotage.
The delegations took particular note of Article 3, paragraph 1, of the Agreement, which allows each Party to designate as many airlines as it wishes to operate under this Agreement.
Notwithstanding the requirement of Article 3, paragraph 2, of the Agreement, that substantial ownership and effective control be vested in the Party, or the nationals of the Party, designating an airline to operate under the Agreement, the delegation from the United Arab Emirates noted its desire to designate Gulf Air. The U.S. delegation indicated that its aeronautical authorities intend to grant a waiver from the ownership and control requirements for Gulf Air, provided that:
First, on a service to/from the United States, should Gulf Air's last point of departure or first point of arrival in the territory of any of the four Gulf Air owner-countries be other than the U.A.E., the aviation regime in effect between the United States and that country would control the rights available to Gulf Air. However, should Gulf Air's last point of departure from or first point of arrival in the territory of the four owner-countries be at a point located in the United Arab Emirates, the full scope of open-skies rights will apply.
Second, for scheduled and charter all-cargo service, notwithstanding Annex I, Section l(B) (2), and Annex II, Section 1, Gulf Air may exercise rights between the United States and third countries provided that the service is part of a continuous operation that serves a point in the U.A.E. which is the first point of arrival or last point of departure.
The United States intends to lift these limitations at such time as the remaining owner-countries of Gulf Air enter into open-skies agreements with the United States.
Done in Washington, D.C. 13 April 1999
For the Delegation of the United States of America
For the Delegation of the United Arab Emirates
U.S.-UAE Open Skies Negotiations
April 13-14, 1999
U.S. Delegation Members
U. S. Government
Claudia Serwer, Chair Deputy Office Director Office of Aviation Negotiations Department of State
Susan McDermott, Assistant Director Office of International Aviation Department of Transportation
Philip Savitz, Office of Aviation Negotiations Deparment of State
Desta McDowell, Office of International Aviation Department of Transportation
Laura Trejo, Office of the General Counsel Department of Transportation
Diane Peterson, Airports Council International North America
Steve Ross, Air Transport Association
Ken Hines, Houston Airport System
Mark Gerchick, San Francisco Airport Commission
Donald Fields, Metropolitan Washington Airports Authority
Bradley Rubinstein, Port Authority for New York & New Jersey
Tom Bolling, Continental Airlines
Thomas Lydon, Evergreen International Airlines
David Glauber, Federal Express Corporation
George Aste, Trans World Airlines
Rebecca Khamneipur, United Airlines
Allison Kelly, United Parcel Service
Open Skies Negotiations
April 13-14, 1999
LIST OF THE UAE DELEGATION