WORLD AIRWAYS OPERATING AUTHORITY

UNCLAS LAGOS 000375 SIPDIS SIPDIS STATE PASS FAA TO AHARRIS, TRANSPORTATION TO FAA; STATE PLEASE PASS TO OPIC; DAKAR PLEASE PASS TO FAA REP MOIRA KEANE; ROME PLEASE PASS TO TSA REP JOHN HALINSKI E.O. 12958: N/A TAGS: EAIR EINV PREL NI SUBJECT: WORLD AIRWAYS OPERATING AUTHORITY REF: SECSTATE 65659 ¶1. On 21 May, Econoff met with Director General, Nigerian Civil Aviation Authority (NCAA) Harold Demuren and Director of Air Transport Regulation Alfred Famodimu regarding the GON's recent refusal to grant operating authority to World Airways, Inc. (World). Econoff expressed the concerns noted in reftel and received the following responses to the questions enumerated: -- Does your March 8, 2007 denial of authority to World only cover the proposed wet-lease of an MD-11 freighter to DHL and the operation of that aircraft on a JFK-Brussels-Lagos route? Response: No. The denial encompasses any future World activity in Nigeria. This is a result of the 2003/2004 incident in which Nigerian passengers were stranded. -- If your April 24, 2004 and March 8, 2007 denials are broader in time, do they have a termination date or are they indefinite? Response: They are indefinite. However, the GON would be willing to review and reconsider this decision pursuant to receiving a formal letter of request from the U.S. Government. The letter should be addressed to the Minister of Aviation and copy the NCAA. -- If your denials are broader in scope, do they cover all future requests for operating authority from World? Response: Yes. -- Was there a court procedure, administrative hearing, or notice of any kind regarding World in Nigeria between the date of the Ritetime incident and the March 8, 2007 denial of their proposed service? Response: Yes, an administrative review was held. With Ministerial approval, the NCAA suspended indefinitely World's rights to operate in Nigeria. This suspension included cargo, passenger, and charter flights. The suspension was conveyed to the President of World via a letter dated April 26, 2004. -- Did you apply other criteria outside of the Ritetime incident in consideration of World's current authorization request? Response: No. -- Does Mr. Obafemi of Ritetime currently conduct business in Nigeria? If so, does he hold any authorization or license from the GON to do so? Response: Mr. Obafemi does not hold any license from the GON to operate in the aviation sector. The NCAA does not have any information as to whether Mr. Obafemi conducts other business in Nigeria. -- Could you consider a reapplication from World for the currently proposed service? If so, under what conditions? Response: As previously stated, the GON would reconsider its March 8, 2007 decision and would consider future applications from World following a formal written request from the U.S. Government addressed to the Minister of Aviation. Director General Demuren emphasized World would be expected to comply with all Nigerian regulations for operation. BROWNE