REQUEST FOR FAA TO ACCELERATE LEGAL REVIEW OF

UNCLAS SANTO DOMINGO 006409

SIPDIS

DEPT FOR WHA, WHA/CAR (MCISAAC),PASS TO FAA WASHINGTON;
PASS TO USTR

E.O. 12958: N/A
TAGS: BTIO EAIR EIND ETRD DR
SUBJECT: REQUEST FOR FAA TO ACCELERATE LEGAL REVIEW OF
DOMINICAN CIVIL AVIATION LAW "DRAFT"


1. SUMMARY. During the November 4 U.S.-Dominican Trade and
Investment Council meeting in Washington, D.C., Dominican
Ambassador to the U.S. Hugo Guilliani raised the topic of his
country's current ICAO Category II status. The FAA is
currently reviewing the Dominican Civil Aviation Law "draft",
delivered in mid-August. Because of its high sensitivity and
because intensive bilateral trade talks are scheduled for
January-March 2004, Embassy requests that the FAA complete
its analysis as quickly as possible. END SUMMARY.

BACKGROUND


2. The Dominican Republic is currently classified a Category
II country, pursuant to determination by the Federal Aviation
Administration (FAA) that the country does not provide
adequate safety oversight of its air carrier operations in
accordance with the standards set forth by the International
Civil Aviation Organization (ICAO). Without Category I
status Dominican air carriers, unless using wet-leases from
authorized U.S. or foreign carriers, cannot fly into United
States air space.


3. Earlier this year the Dominican Republic requested a
Technical Review of the country by the FAA as part of its
efforts to comply with ICAO standards. In a July
consultation in Washington, which Ambassador Guilliani
attended, the FAA requested for review an English version of
the Dominican Civil Aviation Law draft and its most recent
Action Plan. Since mid-August FAA Washington has been in
possession of the law draft while the Miami field office has
had the Action Plan.


4. FAA officials commented to Embassy that enactment of a
civil aviation law in compliance with ICAO standards is an
absolute requisite for achieving Category I status.

Aviation flies into Trade Talks


5. On November 4, during the last day of bilateral trade
consultations at USTR, Dominican Ambassador to the U.S.
Guilliani raised the topic of his country's current Category
II status and described it as a trade barrier. The U.S. side
noted his concern but indicated that the venue was not
appropriate for these discussions.


6. Given the harmonious bilateral cooperation to date on
trade issues and the very high profile of the upcoming
intensive negotiations on a bilateral Free Trade Agreement,
Embassy believes it is in the U.S. interest to address
aviation concerns expeditiously. The Dominican Civil Aviation
Authority delivered the requested documents in August and is
looking forward to FAA comments. Officials are eager to
receive comments for use in shaping draft legislation and
they want to coordinate an FAA Technical Review.


7. ACTION REQUEST. Embassy asks that FAA accelerate as much
as possible its examination of the Dominican submissions and
seek to identify appropriate dates for further technical
consultation.
HERTELL