US embassy cable - 03ABUJA337

UNCLAS SECTION 01 OF 02 ABUJA 000337 
 
SIPDIS 
 
 
DOT FOR K SAMPLE AND D MCDOWELL 
DEPARTMENT FOR EB FINSTON 
 
 
E.O. 12958: N/A 
TAGS: EAIR, ETRD, NI 
SUBJECT: NIGERIA: WORLD AIRWAYS CHARTER TO LAGOS 
 
1.  Summary.  The Ministry of Aviation is awaiting USG 
Designation of World Airways before it will grant landing 
rights.  The Minister of Aviation published a notice in the 
Guardian newspaper on January 23 stating that World Airways 
does not have permission to fly to Nigeria.  The Ministry's 
approval of landing rights in time for the February 28 
inauguration is now in doubt. DOT and STATE EB may want to 
suggest to World Airways that it file all required papers 
without delay to meet this deadline. Copies of the documents 
should be forwarded to the Embassy. The Embassy is prepared 
to approach senior GON officials to ensure expeditious 
approval. End Summary. 
 
 
OPEN SKIES AGREEMENT SIGNED, BUT NOT RATIFIED 
--------------------------------------------- 
 
 
2. Background:  On August 10, 2000 an Air Transport Agreement 
was signed between the United States Government and the 
Government of the Federal Republic of Nigeria.  Special 
Negotiator for International Aviation of the Department of 
State, Thomas J. White, signed on behalf of the USG, and 
Permanent Secretary Federal Ministry of Aviation, S.B. Ajulo, 
signed on behalf of the Government of Nigeria (GON). 
 
 
3.  The National Assembly (legislature) of Nigeria has not 
ratified the Agreement.  The Ministry of Aviation claims the 
Agreement has been acceded to and should be deemed 
operational. 
 
 
----------------------------------------- 
Article 3 ) Designation and Authorization 
----------------------------------------- 
 
 
4. Article 3 of the Agreement states as follows: 
 
 
Each Party shall have the right to designate as many airlines 
as it wishes to conduct international air transportation in 
accordance with this Agreement and to withdraw or alter such 
designations.  Such designations shall be transmitted to the 
other party in writing through diplomatic channels and shall 
identify whether the airline is authorized to conduct the 
type of air transportation specified in Annex I or in Annex 
II or both. 
 
 
On receipt of such a designation, and of applications from 
the designated airline in the form and manner prescribed for 
operating authorizations and technical permissions, the other 
Party shall grant appropriate authorizations and permissions 
with minimum procedural delay provided: 
 
 
A)    substantial ownership and effective control of that 
airline are vested in the Party designating the airline, 
nationals of that Party or both; 
 
 
B)    the designated airline is qualified to meet the 
conditions prescribed under the laws and regulations normally 
applied to the operation of international air transportation 
by the Party considering the application or applications; and 
 
 
C)    the Party designating the airline is maintaining and 
administering the standards set forth in Article 6 (Safety) 
and Article 7 (Aviation Security). 
 
 
5.  The United States Embassy in Nigeria is prepared to send 
a diplomatic note to the Ministry of Foreign Affairs 
designating World Airways and to forward a copy to the 
Ministry of Aviation. Suggested text follows below. 
 
 
"The Embassy of the United States of America presents its 
compliments to the Ministry of Foreign Affairs of the Federal 
Republic of Nigeria and has the honor to refer to the US ) 
Nigeria Air Transport Agreement of August 10, 2000 (the 
Agreement). 
 
 
The Embassy wishes to inform the Ministry that the United 
States has designated World Airways, Inc., of HLH Building 
101 World Drive, Peachtree City, Georgia to operate a new 
regularly scheduled chartered air transportation between 
Lagos and the United States per the Agreement. 
 
 
The Embassy of the United States of America avails itself of 
this opportunity to renew to the Ministry of Foreign Affairs 
of the Federal Republic of Nigeria the assurances of its 
highest consideration." 
 
 
6.  We recommend that World Airways forward all information 
pertinent to Article 3, sub-sections 2A, B, and C directly to 
the Minister of Aviation via courier.  We also ask you send a 
copy of the documents under separate cover to Steve Hricik, 
U.S. Embassy, #7 Mambilla Street, (Off Aso Drive), Asokoro, 
Abuja, Federal Capital Territory, Nigeria. 
JETER