Emirates fined $1.8 million by US DOT for “unauthorized foreign air transportation”

The US Department of Transport (US DOT) has fined Emirates $1.5 million for what the DOT calls “unauthorized foreign travel”. Court documents, served on June 13, 2024, highlight the DOT claim that Emirates breached 49 U.S.C. § 41301 (defined as “a foreign air carrier may provide foreign air transportation only if the foreign air carrier holds a permit from the U.S. DOT authorizing the foreign air transportation, or a valid exemption) and DOT order 2020-9-29 (explained by the DOT as “Emirates was ordered to cease and desist from further violations of the conditions in its codeshare statement of authorization and engaging in foreign air transportation without the appropriate economic authority”). The DOT claimed that “between December 2021 and August 2022, Emirates operated a significant number of flights carrying the B6 code between the United Arab Emirates and the United States in the airspace described in SFAR 77. “By operating flights carrying the B6 code in airspace in which the FAA prohibited U.S. operators and airmen from flying, Emirates’ operations violated the conditions of its statement of authorization. As a result, Emirates violated 49 U.S.C. § 41301. “By this conduct, Emirates also violated the cease-and-desist provision of DOT Order 2020-9-29”. In the court filings, it was noted that Emirates responded to the charges, saying: “Emirates states that it prioritizes the safety of its passengers, employees, and other users of the airspace. Emirates states that all the flights in question were planned above FL320 and only operated below this level as a result of direct instructions from the relevant air traffic controllers (either a refusal by air traffic control to allow the flight to ascend to FL320 before entering or an instruction by air traffic control to descend below FL320 to avoid a collision). “Emirates contends that as a result, the pilots of the flights in question were legally obliged to follow the instructions of the relevant air traffic controllers and any failure to comply with such instructions would have had significant safety implications. “Emirates further states that it took all precautions to ensure that the flights in question were performed at or above FL320. “Further, Emirates states that the flights in question ascended to FL320 as soon as they were cleared by the relevant air traffic controllers. Emirates believes that the ‘Emergency situations’ exemption to SFAR 775 applies to the flights in question given the safety implications of refusing instructions from air traffic control”. In response to the allegations, and the arguments from Emirates, the Office of Aviation Consumer Protection (OACP) stated that “To avoid litigation, and without admitting or denying the violations described above, Emirates consents to the issuance of this order to cease and desist from future violations of 49 U.S.C. § 41301”. The OACP also issued Emirates with a $1.8 million fine, with “$1.5 million payable “within 60 days of the issuance of the date of this order”, and the remaining $300,000 “shall become due and payable if, within one year of the issuance date of this order, Emirates violates this order’s cease and desist or payment provisions”.