First up, what actually is a sanction?<\/h4>\n
Simply put, commercial and financial penalties that are applied by one or more countries against another state or group.<\/p>\n
They are a tool that falls short of military force for punishing or deterring some form of action. In this case – Russia\u2019s ongoing military offensive in Ukraine. Sanctions mean that our ways of doing business, or interacting financially, are restricted by law \u2013 including the payment for, and delivery of, services for those restricted by the sanction. This is where things start to become complicated for aviation. Perhaps more than you may realise.<\/p>\n
So, what can\u2019t we do?<\/h4>\n
US operators can find that information in KFDC Notam 2\/2415<\/strong> below:<\/p>\n So, regardless of where an aircraft is registered – if it is owned<\/em>, chartered<\/em>, leased<\/em>, operated<\/em> or controlled<\/em> by or for the benefit of a Russian person or entity on a specific list (www.trade.gov\/consolidated-screening-list<\/a>), it can cannot be operated in US airspace. This includes overflights. Exemptions are available but only with special diplomatic approval.<\/p>\n The issue is that the italicised words above are open to interpretation which can lead commercial operators, especially charter providers up the garden path. And as the Notam eludes to, rule breakers can be detained or even face prison time. It may be tempting to try and sneak under the radar but be careful. The US Government has established a task force known as ‘KleptoCapture’\u00a0 to actively enforce<\/a> the sanctions. They have the ability to arrest, prosecute and even seize the assets of anyone breaking the rules.<\/p>\n Let’s take a closer look at what you need to be careful of.<\/p>\n Fractional ownership of private jets can be complicated. There can be numerous owners of a single tail number. It may have a N-Reg, but that doesn\u2019t mean part of that tail isn\u2019t owned by Russian interests. Even if it\u2019s only a small part. Which means just flying it will put you on the wrong side of the law. The reality right now is that ownership share may need to be re-allocated.<\/p>\n Things can become more complicated\u00a0 too \u2013 it may not be an individual that owns a share, but a company. And what if that company is, or has since been purchased, by those with interests in Russia? This can also be buried deep in the legalities of business.<\/p>\n Be careful with fractional ownership arrangements. Even if only one piece breaches the sanction, it can’t fly in US airspace.<\/p><\/div>\n As they stand, current sanctions do <\/em>allow you to carry Russian passengers. But<\/em>, they can\u2019t be the ones who have specifically chartered<\/em> your aircraft.<\/strong> Or in other words, Russian nationals and companies can\u2019t be the ones to thumb the ride – but they can take a seat if someone else is picking up the tab.<\/p>\n There is also the issue of dual citizenship, or dual passports. Where does the duty of care for operators lie, and how would they know? It is a question to which we are still looking for answers.<\/p>\n Purchasing an aircraft is also currently problematic \u2013 particularly if it is currently owned by Russian interests. That is also no-bueno. If you\u2019re in the market for a new ride, make sure you understand exactly who you are buying it from<\/strong> \u2013 in terms of legal and beneficial owners, along with the broker you are using and how you plan on financing and insuring your purchase.<\/p>\n The effect of sanctions and airspace restrictions means that moving expensive aviation assets out of Russia right now is a risk.<\/strong> Put it this way \u2013 there are currently somewhere in the vicinity of five hundred leased jets effectively grounded there. That\u2019s literally billions of dollars\u2019 worth of aviation assets waiting to be recovered, with no obvious solution in sight.<\/p>\n And even if you get airborne, are you allowed to be operating in their airspace? Russia has been reciprocating western airspace bans with bans of their own \u2013 check out the UUUU Notams<\/strong> for the lengthy list of those.<\/p>\n Then there is the issue of what happens if your airplane breaks. You will struggle to secure the supply of parts, services and other support for aviation assets in Russia as you would effectively be in breach of sanctions. Be aware that even if you can operate an aircraft into Russia right now, you may find yourself stuck<\/strong> when it is time to leave again.<\/p>\n Sanctions are also having an impact on operating costs around the world. Restrictions on the importation of Russian oil has seen oil prices, and the cost of jet fuel, sky rocket<\/a> in recent weeks. It has increased by thirty percent in the last week alone, and has effectively doubled compared to this time last year.<\/strong> That’s rampant inflation.<\/p>\n Add to that that the majority of the world’s traffic are having to bypass over six million square miles of airspace to and from Western Europe and you can quickly begin to get your head around the combined costs of these issues to our industry.<\/p>\n And in Russia there is also an emerging problem of availability. Earlier this week we reported to OPSGROUP members that at least one major carrier had cancelled flights to Moscow due to being unable to uplift fuel<\/strong>. It is important to gauge availability ahead of time.<\/p>\n Jet fuel shortages have been reported at some Russian airports.<\/p><\/div>\n So you have a pressing reason to break the rules of the sanctions? You may still be able to fly, but it’s vital you get diplomatic approval first – even if only operating domestically in US airspace.<\/strong> There are two things you’ll need. First is an economic approval from the US Department of Transport Office via schedulefiling@dot.gov<\/a>. You’ll also need to submit a request to the FAA System Operations Support Centre (SOSC). You can reach them on 1-202-267-8276 or via the email 9-ator-hq-sosc@faa.gov<\/a>.<\/p>\n Permission is most likely to be granted to flights engaged in humanitarian, SAR or other essential work.<\/strong><\/p>\n![\"\"](\"https:\/\/ops.group\/blog\/wp-content\/uploads\/2022\/03\/FDC_2-2415-1024x904.jpg\")
<\/p>\nWho owns the bird?<\/h4>\n
![\"\"](\"https:\/\/ops.group\/blog\/wp-content\/uploads\/2022\/03\/71fos13nFL._AC_SL1500_-1024x693.jpg\")
I need a ride \u2013 the charter conundrum.<\/h4>\n
Buying new airplanes.<\/h4>\n
Stuck on the ground.<\/h4>\n
Fuel.<\/h4>\n
![\"\"](\"https:\/\/ops.group\/blog\/wp-content\/uploads\/2022\/03\/IMG_7155-1024x683.jpeg\")
Getting an exemption.<\/h4>\n
Where else to look for help.<\/h4>\n