VZCZCXRO8759
OO RUEHAST RUEHBI RUEHCI RUEHDBU RUEHLH RUEHNEH RUEHPW
DE RUEHNE #0473/01 0721259
ZNR UUUUU ZZH
O 131259Z MAR 09
FM AMEMBASSY NEW DELHI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5744
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 7468
RUEHRL/AMEMBASSY BERLIN 1192
RUEHBY/AMEMBASSY CANBERRA 1448
RUEHLO/AMEMBASSY LONDON 6070
RUEHMO/AMEMBASSY MOSCOW 3194
RUEHFR/AMEMBASSY PARIS 1567
RUEHKO/AMEMBASSY TOKYO 6169
RUEAIIA/CIA WASHDC
RUEKJCS/JOINT STAFF WASHDC
RHEHNSC/NSC WASHDC
RUEKJCS/SECDEF WASHDC
RUEHUNV/USMISSION UNVIE VIENNA 1740
RUCNDT/USMISSION USUN NEW YORK 7722

UNCLAS SECTION 01 OF 02 NEW DELHI 000473 
 
SENSITIVE 
SIPDIS 
 
STATE FOR PEGGY POPE (PM/ISO), DOD FOR BRUCE BABB, DALE 
CHENEY, AMER LATIF 
 
E.O. 12958: N/A 
TAGS: MARR MASS KSEP PREL EAIR IN
SUBJECT: INDIA REQUIRES U.S. PAY LANDING AND NAVIGATION 
FEES FOR GOVERNMENT AIRCRAFT 
 
REF: 07 SECSTATE 106799 
 
¶1. (SBU) This is an action request; please see paragraph 4. 
 
¶2. (SBU) After 18 months, the Indian Ministry of External 
Affairs replied to reftel demarche with a diplomatic note 
(No.WII/113/7/2007, 6 March 2009) received March 11 stating 
that the Indian government only agreed to waive landing, 
parking, and navigation fees for U.S. government aircraft 
that stop in India "at the invitation of the GOI."  The 
Indian government has determined that "levying parking, 
landing and navigation fees on visiting State aircraft is not 
contrary to international custom and practice," and intends 
to charge the U.S. for visits from U.S. aircraft without 
explicit invitations.  The full text of the diplomatic note 
is in paragraph 5. 
 
¶3. (SBU) Ministry of External Affairs Deputy Secretary for 
the Americas Randhir Jaisawal clarified for Poloff March 12 
that the Indian government delivered a formal invitation to 
Secretary Rice for her visit in 2005 and also delivered 
invitations for events such as the Malabar joint naval 
excercises.  Confronted with the fact that the Indian 
government did not issue invitations for Secretary Rice's two 
visits in 2008, Jaisawal confirmed that in such cases the 
U.S. would be expected to pay the fees unless the Ministry 
worked out alternative arrangements.  Jaisawal noted that 
this policy had been thoroughly vetted through the Indian 
bureaucracy.  Post calculates that outstanding invoices for 
these charges since August 2007 total approximately $181,622 
in fees and taxes. 
 
¶4. (SBU) COMMENT AND ACTION REQUEST:  India's position 
contradicts U.S. policy as described in reftel.  Furthermore, 
the need to seek invitations for every visit involving milair 
puts the U.S. in the position, much like visa applicants 
seeking to visit India, of securing letters of invitation on 
every occasion, many of which are not likely to be 
forthcoming from the GOI.  With the volume of official visits 
to India utilizing USG aircraft already large and growing, 
Post believes the GOI-proposed arrangement is unworkable. 
The near certainty that this issue will be raised at the most 
inopportune time -- when a VIP aircraft is on the ground here 
-- lends some urgency to this issue.  For example, Special 
Representative Holbrooke's departing flight following his 
visit in February was briefly held on the tarmac at Palam Air 
Base and was only released following the personal 
intervention, at Post's request, of MEA Joint Secretary for 
the Americas Gaitri Kumar.  Post requests guidance on next 
steps.  END COMMENT AND ACTION REQUEST. 
 
¶5. (U) Text of Diplomatic Note: 
 
No.WII/113/7/2007 
6 March 2009 
 
The Ministry of External Affairs presents its compliments to 
the Embassy of the United States of America in New Delhi and 
with reference to its Note Verbale No. 602 /07 - POL dated 17 
August 2007 has the honour to convey that the Government of 
India (GOT), duly taking into account international practice, 
has determined that levying parking, landing and navigation 
fees on visiting State aircraft is not contrary to 
international custom and practice. The esteemed Embassy of 
the United States of America, is therefore, requested to 
kindly settle its outstanding dues to Indian airports and 
agencies relating to parking, landing, navigation and other 
fees. 
 
It is clarified that: 
 
¶I. U.S. State aircraft -- military and non-military, carrying 
state guests or other high dignitaries visiting India at the 
 
NEW DELHI 00000473  002 OF 002 
 
 
invitation of GOl (underlined): state aircraft on ceremonial 
visits at the invitation of GOl; state aircraft conveying 
state guests to India; and other state aircraft visiting JAF 
stations at the request/invitation of Ministry of Defense or 
Air HQ are not required to pay over-flying or navigational 
charges. They are also not required to pay other airport 
charges -- parking, landing and housing fees at Government 
airports (Ministry of Defense controlled).  At non-Government 
owned airports including Delhi, Mumbai and Airport Authority 
of India (AAI) airports including Civil Enclaves operated by 
AAI, US State aircraft are required to pay application 
charges as levied by the company operating the airport. These 
charges can be waived by AAI in respect of State aircraft 
conveying State Guests visiting India on an official 
invitation. 
 
II. In the case of visiting US State aircraft - military as 
well as nonmilitary -- not at an invitation (underlined) of 
the Government of India all airport charges (parking, 
housing, landing fees) and over-flying/navigation fees are 
payable. 
 
III. US Military aircraft covered by the 1949 Agreement 
continue to enjoy exemption as per the 1949 Agreement at 
Government airports. 
 
The Ministry of External Affairs avails itself of this 
opportunity to renew to the Embassy of the United States of 
America the assurance of its highest consideration. 
 
WHITE