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Order 2019-8-1 - Transcarga Intl. Airways - Denying Exemption- Suspension of Air Service to and from Venezuela
Issued and Served August 1, 2019
On June 5, 2019, Transcarga Intl. Airways, C.A., a foreign air carrier of Venezuela, filed an application requesting an exemption under 49 USC § 40109 to the extent necessary to enable it to engage in charter (non-scheduled) foreign air transportation of cargo and mail between a point or points in Venezuela, on the one hand, and a point or points in the United States of America, via intermediate points. TIACA requests that this exemption be granted during the validity of Order 2019-5-5, and requests prompt approval so that cargo operations could be resumed without delay for the public interest.
We have decided to deny TIACA’s application. As we stated in Order 2019-5-5 and reiterated in the background section of this Order, our action to suspend foreign air transportation to/from Venezuela was prompted by a letter from DHS to the Department in which DHS stated its determination that “conditions in Venezuela threaten the safety and security of passengers, aircraft, and crew traveling to or from that country, and that the public interest requires an immediate suspension of all commercial passenger and cargo flights between the United States and Venezuela." (We note that, in its letter to the Department, DHS specifically identified TIACA as one of the carriers with service to Venezuela that would be affected by the service suspension)
While we have taken note of the cargo screening mitigation efforts proposed by TIACA, the DHS letter and Order 2019-5-5 make clear that the conditions in Venezuela that led to the service suspension go well beyond that sole issue. Indeed, as is evident from the discussion above, the letter and order identify numerous other factors that prompted the DHS position and the Department’s action.
We are not aware of any changes in the conditions in Venezuela since the issuance of Order 2019-5-5 that would support a decision to deviate from the terms of that order. Nor have we been so advised by DHS or the Department of State. Against this background, and taking into account all the circumstances presented, we find that TIACA has not provided a persuasive basis for us to deviate from the service suspension put in place by Order 2019-5-5, and we are therefore denying its request for an exemption from that order.
By: Joel Szabat