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OST-2005-21135 - Jet Airways (India) - Foreign Air Carrier Permit - India-US Scheduled Passenger

http://www.jetairways.com/


OST-2005-21136 - Exemption - India-US Scheduled Passenger

Jet Airways (India) Ltd.

OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

May 2, 2005

Application for a Foreign Air Carrier Permit

Jet Airways plans to continue its strategy of disciplined growth in the international arena by introducing long‑haul international services from May 2005, and it has selected the United States as one of the first destinations. Specifically, on or about June 23, 2005, Jet Airways plans to commence roundtrip service between Mumbai, India and Newark Liberty International Airport, via Brussels, Belgium, using Airbus 340‑300E aircraft equipped with 231 economy and 38 business class seats. Jet Airways initially plans to operate six weekly roundtrip flights to meet its current aircraft rotation requirements, and plans to increase its service to daily operations later in the year. These flights will provide much needed competition and service improvements to travelers and shippers seeking transportation alternatives between India and the United States generally, and Mumbai and the New York City area in particular.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

May 23, 2005

Re: Objection of Jet Airways

First of all JET AIRWAYS INC. objects to the use of its REGISTERED TRADEMARK JET AIRWAYS by this Al Qaeda company named 'Jet Airways (India Ltd. and demands that this applicant cease and desist the use of this name immediately. This Al Qaeda perpetrator has filed for a cancellation of an American company's REGISTERED TRADEMARK but this cancellation has not been granted to this 'Jet Airways (India) Ltd. and this Applicant is illegally and fraudulently using this trademark name.

Jet Airways (India) Ltd. was started and planned in 1991 it has been funded by Al Qaeda 'Specially Designated Global Terrorist' Dawood Ibrahim, and no matter how wonderful the service and the airline may be in India, it is still an enterprise which is used to launder money for Al Qaeda and it is still an Al Qaeda airline.

By: Jet Airways, Nancy Heckerman, jetairwaysus@yahoo.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

May 27, 2005

Motion for Leave to File and Consolidated Reply of Jet Airways (India) to Answers of Jet Airways

The Objector's primary motivation for filing its answers clearly relates to a trade name dispute, an issue that is generally outside the Department's purview. The impropriety of the Objector's filing, however, goes far beyond simply raising trade name issues in an inappropriate forum since the Objector has falsely accused Jet Airways of being an "Al Qaeda airline" and has otherwise attempted to besmirch the good reputation of the company and its Chairman.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

May 31, 2005

Motion for Leave to File Late and Consolidated Answer of The Port Authority of New York and New Jersey in Support of Applications

The Port Authority is convinced that Jet Airways will provide convenient and reliable services that will attract and benefit business and leisure travelers and shippers seeking service to and from India. Jet Airways will provide additional competition and offer new service options to the travelers and shippers in the New York/New Jersey region. In addition, we anticipate passengers and cargo will transfer at Newark Liberty International Airport to and from the new Jet Airways flight.

By: Port Authority of New York and New Jersey, Bradley Rubinstein, 212-435-3741, brubinst@panynj.gov


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

May 31, 2005

Comments of Barb Sachau

subpart b - jet airways of india - should only be allowed to land at airports where a full security customs border patrol is present. this permit should be denied.

By: Barb Sachau


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 5, 2005

Correspondence of Moorthy S. Muthuswamy

I am a freelance terrorism analyst with a publication record extending over six years. I have no connection either at the present time or in the past with America‑based Jet Airways Inc. I am writing to advice you not to grant license to Jet Airways of India to operate flights to America. There is every reason to believe that Jet Airways of India has indeed been funded by jihadis. There is also another problem with Jet Airways of India: a very high proportion of its employees are Muslims. I suspect it is well over 50% (In India Muslim constitute only 14% of the population, and have among the highest illiteracy rates). This statistics is a clear giveaway, perhaps confirming its jihadi connections. Also, Indian Muslims are under the grip of jihad‑oriented clerics. Every available evidence points to Indian Muslims being pathologically opposed to America. A poll conducted a few years showed over 60% among Indian Muslims showing admiration for the Afghan Taliban.


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger


June 10, 2005

Answer to Motion for Leave to File and Consolidated Reply of Jet Airways (India), Ltd to the Objections of Jet Airways, Inc. and Motion of Jet Airways for Leave to Extend Time

That the Applicant is dwelling on technical issues which have nothing to do with to call a valid defense of the serious allegations claimed against it. On June 5 and June 6, 2005, a low class thug who claimed to be a newspaper man, and then a detective, called and attempted to threaten and intimidate the officers and staff of JET AIRWAYS at their offices. Said "detective" stated that some attorneys had hired him to threaten and intimidate the staff of JET AIRWAYS. The "detective" did not state which attorney. Although an attorney must zealously defend his client this behavior is not acceptable.

By: Jet Airways, Nancy Heckerman


June 10, 2005

Correspondence of Moorthy Muthuswamy

This is a follow‑up to my earlier post on Jet Airways of India.  Since the dastardly events of Sept. 11, 2001, as part of risk management, the US has been proactive in defending itself against another attack. I strongly recommend that you at least look into possible jihadi links and influence at Jet Airways of India. The seed money or the initial investment made on Jet Airways, India is worth looking into. If it is funded by a jihadi outfit, such an outfit will continue to exercise considerable influence over Jet Airways of India. As you may note Jet Airways of India is largely foreign‑owned.


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 14, 2005

Motion of Jet Airways (India) to Strike the Unauthorized Pleading of Jet Airways Dated June 10, 2005

These disruptive filings have prejudiced Jet Airways and interfered with the prompt consideration and approval of its exemption and foreign air carrier permit applications.

The Objector's pleadings contain misleading, unsubstantiated information based on false and scandalous reports in the foreign press. The Objector has made sensational allegations based on these discredited press reports in an effort to delay the Department's action on Jet Airways' applications, without providing a shred of credible evidence to support the claims. The Objector even admits that it is "searching for proof of facts and accuracy to support the Indian media's claims of fraud."

The language used by the Objector and the very nature of the allegations regarding Jet Airways and its Chairman - particularly the allegations regarding Al Qaeda ties - are, by any civilized standard, offensive. The Objector's fantastic claims regarding security risks stemming from these purported Al Qaeda ties - including references to "another 9/11" - are clearly intemperate. The Objector's pleading contains other defamatory accusations such as that Jet Airways employs "underworld tactics" and "terrorist tactics of extortion" makes "low class Mafia style threats" and, with its attorneys, hires "street thugs" to threaten the Objector's President.

Jet Airways urges prompt approval of its applications. As Jet Airways noted in its exemption and permit applications, under Article 3 of the U.S.‑India Open Skies agreement, the United States is obligated to "grant appropriate authorizations and permissions with minimum procedural delay" to duly designated, qualified applicants such as Jet Airways that are substantially owned and effectively controlled by citizens of India. Jet Airways is the first new‑entrant airline from India to seek U.S. authority under the Open Skies agreement. It would send the wrong signal to India (and other aviation trading partners) if the U.S. government were to allow hearsay and innuendo‑filled pleadings by an unknown, non‑operating company to delay the prompt grant of rights available under the recently concluded Open Skies agreement to a reputable Indian airline such as Jet Airways.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 9, 2005

Re: Further Comments of Jet Airways (USA)

By: Jet Airways, Nancy Heckerman, jetairwaysus@yahoo.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 17, 2005

Answer of Jet Airways (USA) to Motion to Strike Unauthorized Pleading of Jet Airways Dated June 10, 2005

That the Applicant filed a motion to consolidate its applications in a Motion for Leave to File and Consolidated Reply of Jet Airways (India) to Answers of JET AIRWAYS® Inc. How did the Applicant get its permission to consolidate its applications without a proper motion or an order given by a Decisionmaker?

By: Jet Airways, Nancy Heckerman, jetairwaysus@yahoo.com

Jet Feud: Mudslinging Continues - India Daily - June 17, 2005


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 17, 2005

Motion to Dismiss Jet Airways (India) Applications for Foreign Air Carrier Permit and Exemption

That attached to the JET AIRWAYS® Affidavit of this complaint is 'Exhibit Q' which contains four documents from members and official entities of the Indian Government which substantiate the Exhibits submitted with the JET AIRWAYS® Objection filed on May 23, 2005.

By: Jet Airways, Nancy Heckerman, jetairwaysus@yahoo.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 20, 2005

Motion of India Terrorism Victims Relief Foundation and InternationalWatch.org in Support of Application

Exhaustive investigation by IW and affiliates led to the identification of certain businesses and international conglomerates in India with terrorism connections. Jet Airways (India) Ltd. was not one of them.

India Terrorism Victims Relief Foundation and Internationalwatch.org respectfully urge the Department of Transportation to put an end to the Objector's totally disruptive pleading, and appeals for prompt approval of Jet Airway's applications. Furthermore, under the US.‑India Open Skies Agreement, the United States is obligated to "grant appropriate authorizations and permissions with minimum procedural delay" to duty designated, qualified applicants. Jet Airways is a highly qualified applicant. Delaying the process of entry into the U.S. Skies by a reputable airline like Jet Airways may even send the wrong signal to India, and perhaps other nations, who believe in such agreements.

By: P. Narayanan Kutty, 937-293-3789, pnkutty@indiaterrorismvictimsrelieffoundation.org


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

June 28, 2005

Answer of Jet Airways (India) to Motion to Dismiss

Jet Airways will not respond to each errant statement made by the Objector, but desires to set the record straight with regard to certain information contained in the Exhibits to the Objector's Motion to Dismiss.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

July 1, 2005

Supplement #1 to Application for a Foreign Air Carrier Permit - Bookmarked

On May 31, 2005, India's Ministry of Civil Aviation allocated traffic rights to Jet Airways for the Mumbai-Brussels-Newark route at a frequency of seven services per week. Attached as Revised Exhibit JA-5 is Jet Airways' reissued and updated Permit to Operate Scheduled Air Transport Services (Passenger/Cargo). Appendix 1 of the Permit, which lists the aircraft Jet Airways is permitted to use for its scheduled air transport operations, now includes three Airbus 340..300 aircraft, which Jet Airways intends to use for its Mumbai-Brussels-Newark flights and other long-haul services.

Attached as Exhibit JA‑7/A is a supplement to the Financial Information Exhibit (JA‑7) of Jet Airways' permit application. The supplement consists of the audited financial report for Jet Airways' most recent fiscal year ended March 31, 2005, accompanied by a Profit and Loss Account and Balance Sheet with Indian Rupees restated as U.S. Dollars based on the average exchange rate on March 31, 2005, as published by the Foreign Exchange Dealers Association of India.

Jet Airways remains eager to introduce its Mumbai‑Brussels­ Newark service as soon as possible, and will announce a new launch date for the service shortly after it has received all necessary U.S. governmental approvals.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546, gucarneal@hhlaw.com


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger
OST-2005-21136 - Exemption - India-US Scheduled Passenger

November 10, 2006

Comments of US State Department

Recently, in the public docket of your proceeding on Jet Airways' application, there have been allegations of financial links between Jet's Chairman, Naresh Goyal, and Dawood Ibrahim, whom the U.S. has designated as a financier and supporter of terrorism. In response, our Departments have worked with our Embassy in New Delhi and the Indian government to determine the veracity of these allegations.

Given the high Indian priority on combating terrorism, we are convinced that India would not have allowed Jet Airways to continue flying if it were aware of any credible evidence of a link between Goyal and Ibrahim, or other terrorist activities. India's Minister of Civil Aviation has stated that his Ministry does not allow an airline to operate within India or to be designated for service to an overseas country until thorough investigation of the airline, and all security checks and clearances have been completed. India's current Minister of Civil Aviation Praful Patel recently has informed us again that his Ministry's investigation has fully cleared Jet Airways of all allegations related to terrorism financing. Further, the Department of State has reviewed all available information, and we have found no credible information to the contrary.

Based on this, the Department of State has concluded that at this time, there is no credible basis to link the finances of Jet Airways or Mr. Goyal with Mr. Ibrahim. We do not believe that the allegations contained in your public docket constitute a credible basis for the Department of Transportation to disapprove or to withhold approval for Jet Airways's application, and we urge that they not be a bar to granting application to operate air service to and from the United States, under the U.S.-India Air Transport Agreement.

By: Bureau of South and Central Asian Affairs, Richard Boucher


OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

January 3, 2007

Supplement #2 to Application for a Foreign Air Carrier Permit

Jet Airways' intended inaugural U.S. route remains Mumbai-Brussels-Newark. Jet Airways currently plans to introduce this service in July or August 2007, operating on a daily basis. In addition, Jet Airways is finalizing a proposal to commence daily transpacific service between India and San Francisco or Los Angeles, via an intermediate point, from the beginning of the IATA 2007-08 Winter schedule (i.e., in October/November 2007). The precise start dates for the Newark and West Coast services will depend on the timely delivery of new long-range aircraft, as described in greater detail below. Jet Airways' proposed services are fully consistent with the U.S.-India Open Skies agreement.

Jet Airways plans to provide its India-U.S. services initially using Boeing 777-300ER aircraft equipped with 8 first class, 30 business class, and 274 economy class seats. In this regard, Jet Airways plans to acquire ten 777s, financed under Ex-Im Bank guarantees (for which preliminary commitments have been made), with deliveries scheduled to commence in April 2007. Jet Airways also plans to take delivery of eleven additional Airbus 330-200 aircraft between January 2007 and November 2008.

Counsel: Hogan & Hartson, George Carneal, 202-637-6546



December 2, 2009

Re: Additional Information Response

  1. Ownership
  2. Directors, Officers and Key Management Personnel

Counsel: Hogan & Hartson, George Carneal, 202-637-6546



Order 2009-12-15
OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

Issued and Served December 18, 2009

Order to Show Cause

By this order we tentatively find that it is in the public interest to grant the applicant a foreign air carrier permit.

We direct all interested persons to show cause why our tentative decision on the application of Jet Airways (India) Ltd., set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch



Order 2010-3-19
OST-2005-21135 - Foreign Air Carrier Permit - India-US Scheduled Passenger

Issued January 11, 2010 | Served March 16, 2010

Final Order

By Order 2009-12-15, issued December 18, 2009, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 USC §41307) which would make final the findings and conclusions of the Order.

No objections were received within the time period provided.

By: Paul Gretch


 

Order 2019-7-9
OST-2019-0066
OST-2007-0125 - Air India - India-US Open Skies
OST-2005-21135 - Jet Airways (India) - India-US Scheduled Passenger

Issued May 28, 2019 | Served July 30, 2019

Final Order

In light of the fact that no party filed an objection to the Department’s tentative decision (Order 2019-4-16), and of the continuing failure of the Government of India to allow US carriers to exercise their bilateral right to self-handle at airports in India, we have decided to finalize our tentative decision to amend the Air India and Jet Airways’ foreign air carrier permits to suspend the rights of those carriers to self-handle at US airports. We find that this action is required by the public interest.

With respect to the response of Kalitta, while the carrier itself acknowledges that its concern goes to a matter other than ground handling, we recognize the importance of all US carriers having the ability to exercise their bilateral rights, and all the more so in emergency circumstances. As we have advised the Government of India in the course of addressing the self-handling issue, we expect it to fully honor all of the bilateral rights provided for in the US-India Air Transport Agreement, including issues raised by US carriers unrelated to self-handling.

By: Joel Szabat


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