YEMEN MINISTRY OF DEFENSE ON U.S. MILITARY

S E C R E T SECTION 01 OF 02 SANAA 000256

SIPDIS

E.O. 12958: DECL: 01/27/2014
TAGS: MARR MOPS PREL PBTS PHSA YM DEMARCHE
SUBJECT: YEMEN MINISTRY OF DEFENSE ON U.S. MILITARY
AIRCRAFT IN INTERNATIONAL AIRSPACE DEMARCHE: WE KNOW THE
RULES

REF: A. 03 SANAA 3022

B. 03 SECSTATE 327019

Classified By: Charge d' Affaires Alan G. Misenheimer, for
reasons 1.5 (a),(b) and (d)


1. (s) Summary/comment: DCM and Acting Defense Attach
delivered reftel b demarche and diplomatic note to Major
General Ali Mohamed Saleh, Deputy Chief of Station for
Operations at the Ministry of Defense (MOD) on January 27,
with Pol/Econ Chief as notetaker. Major General Saleh had
already received the diplomatic note, delivered to the
Ministry of Foreign Affairs on December 23 (ref a),and was
well-briefed on the issue. Saleh repeated several times that
the ROYG did not "deserve" the message in the demarche and
diplomatic note because the Yemenis understand that state
aircraft are not obliged to notify them of flights through or
over international airspace. Although the MOD requested
notification of patrols or circular flight patterns, in
general they believe the problem is already being addressed
by the informal arrangement for U.S. aircraft to respond to
hails from Yemeni air traffic controllers (ATC); an
arrangement that appears to be honored in practice by U.S.
pilots. Some of the MOD response may be attributed to delays
in responding officially to the August 26 letter from Yemen's
Chief of Defense Staff, Major General Mohammed Ali al-Qassami
(ref b). MG Saleh also said, however, that there have been
additional incidents in the past month -- which may relate to
aircraft not following clear flight paths -- and have been
promised a letter documenting the specifics.


2. (s) Director for Air Operations Brigadier General Abdul
Ghani Bin Audel, Colonel Ismail Awad of Command and Control,
Chairman of Yemen's Civil Aviation and Meteorological
Authority (CAMA) Hamed Ahmed Farag, and Major Ahmed Alos of
the Defense Military Institute, who acted as translator, were
also at the meeting. Touching on the issue of a pending
review of the status of Sana'a International Airport (i.e.,
government or private),Saleh and the CAMA Director raised
the issue of airport landing and service fees, but did not
provide information requested previously concerning a
schedule of fees. End Summary/comment.

MOD WANTS ACKNOWLEDGMENT THAT AIRSPACE PROBLEMS ARE BEING
ADDRESSED


3. (s) Major General Saleh said that he is "very, very, very
sorry" that the USG has not said "thank you," because Yemen
routinely grants clearances for all flights in domestic or
international airspace, and has not acquiesced to Yemen's
requests that state aircraft identify themselves. He
repeated several times that the ROYG did not "deserve" the
letter, a sentiment echoed by other ROYG officials at the
meeting. He explained that they are well aware of the
international law, but that they would like U.S. state
aircraft to identify themselves. (Comment: MG Saleh's
remarks do not take into account that there is still not a
meeting of the minds on the meaning of flying with "due
regard" in international airspace (ref b). End comment).


4. (c) Director for Air Operations Brigadier General Audel
and Colonel Awad of Command and Control complained that U.S.
aircraft do not notify Yemeni ATC of changes to flight plans.
Citing safety and the need to control airspace over
international and domestic waters in a post-9/11 environment,
they requested that pilots identify themselves, particularly
when flying patrols or in circular patterns. They insisted
that Yemen does not require clearances for aircraft in
international airspace, but that they want pilots to respond
to ATC calls. A/DATT explained that U.S. aircraft operate
under international aviation law and fly with "due regard"
for safety and that pilots have been responding to Yemen ATC
hails, even though it is not legally required. Major General
Saleh acknowledged that there is no need for aircraft to take
the initiative to identify themselves, but maintained that it
is better if they do so within Yemen's area of responsibility
(presumably a reference to Yemen's Flight Information Region
(FIR)).


5. (c) Major General Saleh also stated that there have been
several incidents of airspace violations or changes in flight
plans since the demarche was delivered to the MFA on December
23 (ref a),one within the past few days. MOD officers
promised to provide a letter, which they claim has already
been drafted, but must be cleared, outlining the specific
problems.

SANA'A INTERNATIONAL AIRPORT - NO FEES IF GOVERNMENT
CONTROLLED


6. (c) Major General Saleh and CAMA Director Farag both
raised the issue of airport fees. Saleh conceded that
overflight fees are not an issue, but insisted that the USG
should be paying for landing and services. (Note: This is a
long-standing issue and relates to a pending airport
assessment. CAMA is responsible for Sana'a Airport, but
because CAMA is an "independent government agency" dependent
on income from airport fees, not ROYG funding, it insists
that the airport should be deemed private. End note.)
A/DATT and DCM both noted that the USG is reviewing the
designation of Sana'a Airport as government-controlled, but
that the U.S. has not yet officially received the Yemeni
responses to U.S. questions regarding the operation of the
airport (Note: Pol/Econ Chief received the responses
unofficially from CAMA in December and they have been passed
back to Washington through DIA channels). A/DATT made clear
that the USG will pay for services only to the extent that
such payments are consistent with U.S. policy, which holds
that it is improper for one government to tax another
government.
MISENHEIMER