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Viewing cable 05SANAA131, YEMEN CLOSES ITS AIRSPACE FOR TWO DAYS OVER

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Reference ID Created Released Classification Origin
05SANAA131 2005-03-04 13:02 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Sanaa
This record is a partial extract of the original cable. The full text of the original cable is not available.

041302Z Mar 05
UNCLAS SECTION 01 OF 02 SANAA 000131 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR NEA/ARPI AND PM/ISO 
HQ USAF/XONP PASS TO DALE CHENEY 
 
E.O. 12958: N/A 
TAGS: EAIR KREC KSEP MARR MOPS PREL YM EAIR PBTS
SUBJECT: YEMEN CLOSES ITS AIRSPACE FOR TWO DAYS OVER 
DISPUTE CONCERNING OVERFLIGHT/LANDING FEES 
 
REF: A. USDAO SANAA DTG 101453Z OCT 04 
 
     B. USDAO SANAA DTG 021226Z FEB 05 
     C. USDAO SANAA DTG 041302Z MAR 05 
     D. 05 SECSTATE 27119 
     E. EMAIL RANK/CHENEY 201802 JAN 06 
 
1.  THIS IS AN ACTION MESSAGE, PLEASE SEE PARAGRAPH 8. 
 
2.  Summary: The Yemeni Civil Aviation and Meteorology 
Authority (CAMA) denied U.S. military aircraft clearances on 
January 21 and 22, due to a dispute simmering for at least 
eight years regarding overflight and landing fees.  After a 
meeting with DCM, the CAMA Chairman verbally agreed not to 
deny aircraft clearances during ongoing discussion over the 
fees. Post recommends quick disbursement of fees, to which 
the Inter-Agency Working Group (IAWG) has already agreed, as 
well as guidance regarding the USG position on Yemen,s 
insistence on payment for overflights.  End Summary. 
 
------------------------------------------ 
Over-Flight Clearances Denied for Two Days 
------------------------------------------ 
 
3.  CAMA denied U.S. military aircraft clearances on January 
21 and 22 over a dispute with the USG concerning the payment 
of overflight and landing fees.  On January 22, DCM and DATT 
met with the chairman of CAMA as well as MFA officials to 
discuss the situation.  Emboffs expressed their concern that 
by denying U.S. military aircraft clearances, CAMA was 
negatively affecting U.S.-Yemeni bilateral relations as well 
as hampering U.S. efforts in the global war on terrorism. 
CAMA denied this accusation, indicating that this is strictly 
a "business matter." The MFA official stated he agreed with 
CAMA on this point.  Emboffs noted that the USG is seeking to 
resolve this dispute amicably and that denying aircraft 
clearances is an inappropriate action between friendly 
countries, and requested that CAMA de-link discussions over 
the fees and the issuance of clearances. The chairman of CAMA 
agreed to this request. 
 
------------------------------------------ 
Landing Fees and the Establishment of CAMA 
------------------------------------------ 
 
4. Emboffs reiterated that the USG will only pay landing fees 
dating from 2000, the date from which the IAWG considers 
Sanaa and Aden International Airports to be 
civilian/commercial facilities (refs D and E).   While 
welcoming the prospect of this payment, CAMA reiterated its 
position that it is entitled to landing fees from 1990, 
noting that Aden and Sanaa International Airports have always 
been civil and non-governmental vice military or government 
entities.  Emboffs requested documentation to substantiate 
this claim. 
 
5.  Subsequently, CAMA provided Republican Amendment number 
26, dated 1979, that amends Law number 43 of 1976 entitled, 
&The Establishment of Civil Aviation and Meteorology 
Authority."  The law lays out the legal duties and 
responsibilities of CAMA, which, among other things, requires 
it to operate and administer Yemen,s civilian airports, 
including Sanaa International. The law also notes that CAMA 
superceded the former Civil Aviation Department.  CAMA 
officials noted that this former entity was governmental and 
fell under the Ministry of Transportation (MOT). However, per 
the above cited amendment, CAMA is a separate entity from the 
MOT with an independent budget. The law does not specifically 
state that it is a commercial and or non-governmental entity. 
CAMA officials forcefully stated that it is and has been 
non-governmental from its establishment 1976.  (NOTE:  Based 
on the information provided, post assesses that CAMA,s claim 
is likely credible. END NOTE) CAMA also provided decree 
number 444 of 2000 regarding the establishment of CAMA that 
largely reiterates CAMA,s legal duties and responsibilities, 
but also states that CAMA,s budget is largely derived from 
the various fees and service it provides. (Post will forward 
translations of the 1979 and 2000 laws.) 
------------------------------------------ 
Friends Shouldn,t Make Friends Pay for Air 
------------------------------------------ 
 
6.  Emboffs reiterated the position that the USG does not pay 
overflight fees to coalition countries.  CAMA officials 
stated that, based on the 1944 Chicago Convention, Yemen is 
entitled to overflight fees. CAMA highlighted the services it 
provides to transiting aircraft, including air navigation 
assistance, meteorological reports, as well as 
search-and-rescue services. CAMA noted that all other 
countries transiting Yemeni airspace, including France, pay. 
(NOTE:  Post confirmed with the French Embassy that they do 
pay overflight fees.  END NOTE)  In previous meetings, CAMA 
officials also claimed that the USG pays overflight fees to 
Djibouti. Embassy officials stated they would re-state 
Yemen,s position to the IAWG, and advised that if Yemen 
insists on this position, the matter would have to be taken 
up with President Saleh.  The current overflight fees 
requested by Yemen total USD 2,319,344. 
 
------- 
Comment 
------- 
 
7.  Payment of landing and overflight fees has been a 
lingering point of contention between Embassy and CAMA for a 
number of years. Currently, there are in excess of 100 U.S. 
military overflights of Yemen each month. These flights are 
in direct support of CENTCOM and the War on Terror. If CAMA 
were to require U.S. military aircraft to fly around Yemen, 
as it did for six flights this past week, the cost of 
additional fuel and maintenance alone for a one-month period 
would likely exceed the total amount requested by the ROYG. 
An extended denial of aircraft clearance could pose a serious 
hindrance to CENTCOM,s ability to conduct operations in its 
area of responsibility. 
 
---------------- 
Action requested 
---------------- 
 
8.    Post recommends that the IAWG authorize immediate 
payment of USD 201,789  to CAMA for landing fees based on the 
IAWG,s assessment (refs D and E) that Aden and Sanaa 
International airports have been commercial entities at least 
since 2000.  We also request that IAWG quickly assess the 
viability of CAMA,s claim that it operated Sanaa 
International Airport as a non-governmental entity from at 
least 1979. Post is inclined to agree with CAMA,s claim. If 
IAWG concurs, post requests disbursement of an additional USD 
178,507 for landing fee services from 1990-1999. Finally, as 
it seems likely CAMA and the ROYG will continue to insist 
that they have the right to charge for the use of Yemeni 
airspace, post requests the IAWG's formal guidance on the 
issue, which post will deliver to President Saleh. 
Krajeski