VZCZCXYZ0001
RR RUEHWEB

DE RUEHSA #1596 1241352
ZNR UUUUU ZZH
R 041352Z MAY 07
FM AMEMBASSY PRETORIA
TO RUEHC/SECSTATE WASHDC 9577
RULSDMK/DEPT OF TRANSPORTATION WASHINGTON DC

UNCLAS PRETORIA 001596 
 
SIPDIS 
 
SENSITIVE BUT UNCLASSIFIED 
SIPDIS 
 
DEPARTMENT PASS TO EB/TRA JREIFMAN, DEPARTMENT OF 
TRANSPORTATION PASS TO KGLATZ 
 
E.O. 12958: N/A 
TAGS: EAIR ECON SF
SUBJECT: SOUTH AFRICA DEPARTMENT OF TRANSPORTATION SENDS 
DIP NOTE REGARDING DELTA OPPOSITION TO SAA REQUEST 
 
¶1. (SBU) This is an action request, see paragraph 5. 
 
¶2. (SBU) Summary.  The South Africa Department of Transport 
(SADOT) requests that the U.S. Department of Transportation 
(USDOT) set aside Delta Airline's (Delta) opposition to South 
African Airway's (SAA) USDOT application to renew its permit 
to operate air transportation services between the U.S. and 
South Africa.  SADOT claims that Delta's opposition is based 
on an alleged attempt by SADOT and the South African Civil 
Aviation Authority (SACAA) to delay approval of a separate 
application by Delta to amend its South African Foreign 
Operators Permit, thereby giving SAA a competitive advantage 
over Delta.  SADOT's response to the Delta allegation is 
contained in a diplomatic note (see para 4).  End Summary. 
 
¶3. (SBU) Post Civil Aviation Officer received a diplomatic 
note regarding a dispute between Delta Airlines and SADOT 
from the South African Department of Foreign Affairs (DFA) on 
March 27.  The note was sent March 28 via email to EB/TRA 
Joel Reifman and USDOT Keith Glatz with a request for 
clarification and required action by post.  Civil Aviation 
Officer sought clarification regarding the note in a meeting 
with SADOT Chief of Aviation Anwar Gany on April 25.  Gany 
explained that SAA had filed an application with USDOT to 
renew its permit to operate air transportation services 
between South Africa and the United States.  Gany reported 
that Delta filed an opposition to SAA's application until 
such time that Delta was able to resolve difficulties it 
allegedly was encountering with SACAA and SADOT concerning 
certification of certain Delta aircraft used for its US-South 
Africa service.  Gany said that the reason SADOT has not 
approved Delta's application to amend its Foreign Operators 
Permit is that Delta's request is incomplete.  Gany asked 
that Delta's opposition to SAA's application with the USDOT 
be set aside. 
 
----------------------- 
Text of Diplomatic Note 
----------------------- 
 
¶4. (SBU) Begin Text:  Ref: BL1/USA/8/A26.  The Department of 
Foreign Affairs of the Republic of South Africa presents its 
compliments to the Government (sic) United States of America 
and has the honour to refer to the Air Services Agreement 
between the two countries. 
 
South Africa has submitted applications for the renewals of 
certain exemptions to give them permission to operate 
scheduled and chartered air services between South Africa and 
the United States.  As, (sic) such Delta Airlines objected 
based on the reason that the South African Government could 
not grant approval for the entire fleet of Boeing 767-300 Er 
aircraft between the United States and South Africa. 
 
The South African Department of Transport wishes to confirm 
that Delta Airlines (sic) application for an amendment to 
their current Foreign Operator's (sic) Permit was received on 
December 14, 2006 for the 32 Boeing 767 registered aircraft 
via their Consultant Deneys Reitz Inc. only 20b (sic) B767 
registered aircraft were approved and the remaining 12 
aircraft were put on pending because their Certificate of 
Release to Service did not comply with ICAO document 8, 
Annex8.8.1. (sic)  The Department of Transport has to this 
effect communicated the matter to Delta Consultant (sic) who 
in return advised that Delta Airlines would be advised 
accordingly. 
 
The Department of Transport is pleased to inform Delta 
Airlines that on 15 March, 2007 certificates for the 12 
aircraft that were pending were received and the status of 
those aircraft was then reviewed, (sic) they were included 
the (sic) Delta Airlines (sic) fleet.  The Department of 
Transport in (sic) currently in the process of issuing Delta 
Airlines with the amended Foreign Operator's (sic) Permit. 
The Department of Transport has no intention of prejudicing 
Delta Airlines in this regard. 
 
The Department of Foreign Affairs of the Republic of South 
Africa avails itself of this opportunity to renew to the 
Consulate General (sic) the assurances of its highest 
consideration.   23 March 2007.   End Text. 
 
¶5. (SBU) Action request for State/EB/TRA and USDOT: Please 
advise on how post should respond to dip note 
TEITELBAUM