US embassy cable - 04SANAA256

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