US embassy cable - 03SANTODOMINGO6409

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