VZCZCXYZ0001
RR RUEHWEB

DE RUEHCV #0214/01 0312144
ZNR UUUUU ZZH
R 312144Z JAN 07
FM AMEMBASSY CARACAS
TO RUEHC/SECSTATE WASHDC 7662
INFO RHMCSUU/FAA NATIONAL HQ WASHINGTON DC
RHMCSUU/FAA MIAMI ARTCC MIAMI FL

UNCLAS CARACAS 000214 
 
SIPDIS 
 
SIPDIS 
 
EB/TRA/AN FOR JOEL REIFMAN 
STATE PLEASE PASS TO DEPT OF TRANSPORTATION FOR BRIAN 
HEDBERG 
 
E.O. 12958: N/A 
TAGS: EAIR VE
SUBJECT: CIVAIR: REPONSE TO AMERICAN/SPIRIT DESIGNATION 
 
REF: 06 SECSTATE 198168 
 
¶1.  In response to Post's diplomatic note No. 809, dated 
December 13, 2006 (reftel), the BRV has provided the Embassy 
a list of requirements for Spirit Airlines to operate route 1 
between the United States and Venezuela and has approved our 
designation of American Airlines (AA) to operate route 6.  On 
January 19, 2007, Embassy received a diplomatic note from the 
MFA with a letter attached from the National Institute of 
Civil Aviation (INAC) outlining requirements for Spirit 
Airlines to operate the route, the text of which is 
translated below (paras 3-4). 
 
¶2.  INAC also sent Ambassador Brownfield a letter which Post 
received January 29, 2007 informing us that our designation 
of American Airlines has been approved (para 5), provided all 
necessary documents are provided to INAC.  AA's country 
manager told EconCouns on January 30 that INAC's Air 
Transport General Manager Raul Rodriguez Lopez had given AA 
the "green light" pending submission of all necessary 
documentation, but that some of the requirements appeared 
onerous (e.g., submission of crew licenses, etc).  AA is 
working to meet the requirements and would like to inaugurate 
the route in April. Copies of notes in paras 3-5 have been 
e-mailed to EB/TRA/AN attn: Joel Reifman.  Post's informal 
translations of the text of the notes follows: 
 
--------------- 
Spirit Airlines 
--------------- 
 
¶3.  Begin text of diplomatic note DGECI/DTCI Number 006021 
received January 19, 2007: 
 
The Ministry of Foreign Affairs Director General for 
International Cooperation and Economics, extends greetings to 
the Embassy of the United States of America, and has the 
opportunity to refer to your Verbal Note number 809 dated 13 
December 2006, designating Spirit Airlines, Inc. and American 
Airlines, Inc. to operate regular air transport services 
between the United States of America and the Bolivarian 
Republic of Venezuela. 
 
With respect to this issue, find attached communication 
GGTA/GOAV/DOI-07-008, dated 16 January 2007, sent by the 
National Institute for Civil Aeronautics (INAC), enumerating 
the requirements to authorize the referenced designation. 
 
The Ministry of Foreign Relations, General Direction of 
Economics and International Cooperation, Transportation and 
International Communications Division, reiterates to the 
Honorable Embassy of the United States of America assurances 
of our highest and distinguished consideration.  End text. 
 
¶4.  Begin text of letter (GGTA/GOAV/DOI-07-008), attached to 
dip-note, from INAC's General Manager for Air Transport, Raul 
Rodriguez Lopez, to the MFA's Director General for 
International Economic Cooperation Sohail Hernandez: 
 
It is an honor to write to you, in the opportunity to make 
reference to the diplomatic note sent by the Embassy of the 
United States of America, through which the company Spirit 
Airlines, Inc. is designated to operate Regular Aerial 
Transport between the United States of America and Venezuela. 
 To this end, I ask your cooperation (MFA) in sending the 
requisites as follows: 
 
A)  Legal documents showing the company's address in 
Venezuela (mercantile registry). 
 
B)  Authorization by its government to conduct the proposed 
international service. 
 
C)  Articles of Incorporation of the company and any 
amendments thereto, especially those referring to the sale 
and transfer of shares and capital increases. 
 
D)  Letter of Undertaking by the company in which it submits 
to the legal dispositions of Venezuela's Civil Aviation Law, 
its regulations, and jurisdiction of Venezuelan authorities. 
 
E)  Insurance policy or guarantees (original and two copies) 
covering the payment of obligations arising from the 
operation, service, and liability to third parties: 
 
a.  personal accidents (passengers, crew) 
b.  civil responsibility (third party liability) in assigned 
routes 
 
F)   Description of flight equipment indicating all their 
features such as make, registration, internal layout, 
specifying the number of seats by service or class, lifting 
capacity, rental contracts (if applicable) and liens, taxes 
or other obligations on them. 
 
G)  Proposed itinerary schedule. 
 
H)  Information pertaining to the hub airport, stopovers, and 
alternate routes. 
 
I)  List of crew with copies of flight licenses. 
 
J)  List of flight dispatchers. 
 
K)  Operations manual. 
 
L)  Maintenance manual. 
 
M)  Air Operators Certificate (AOC). 
 
N)  Operational specifics, listing of aircraft (D85), 
authorized airports (C70), routes to follow (B50), base 
airports and stopovers (A28) and (G106). 
 
O)  Airworthiness certificate and registration of the 
aircraft(s) to operate. 
 
P)  Name and nationality of the legal representative and 
notarized documents showing the legality of the appointed 
representative. 
 
Q)  Land handling contract. 
 
R)  Certified copies of the company's financial statements. 
 
S)  Meet the obligations of the Stamp Duty Law. 
 
All documents must be notarized by Venezuelan consular 
authorities in the pertinent countries and translated into 
Spanish, if necessary, by a sworn interpreter. 
 
Without any other particular agenda, I take this opportunity 
to express my best consideration and regards.  End text. 
 
 
----------------- 
American Airlines 
----------------- 
 
¶5.  Begin text of letter from INAC's General Manager for Air 
Transport Raul Rodriguez Lopez to Ambassador Brownfield dated 
January 25, 2007 (received by Post on January 29): 
 
I would like to take the opportunity to deliver my 
salutations and refer to Verbal Note number 809, dated 13 
December 2006, informing us of the designation of American 
Airlines, Inc. to provide regular airline service for 
passengers, mail and cargo on United States route 6. 
 
This Institute accords, with the conditions established in 
the Bilateral Accords in effect, and informs you of the 
acceptance of the aforementioned designation, nonetheless, 
the company American Airlines should deposit with the 
National Institute of Civil Aviation the necessary documents 
to formalize its operations on the said route. 
 
Without further reference, I reiterate to you my highest 
consideration and respect. End text. 
 
 
BROWNFIELD