22 C.F.R. § 228.22 Air transportation.
Title 22 - Foreign Relations
(a) The eligibility of air transportation is determined by the flag registry of the aircraft. The term “U.S. flag air carrier” means one of a class of air carriers holding a certificate under Section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) authorizing operations between the United States or its territories and one or more foreign countries. (b) For air transport financed under USAID grants, there is a U.S. Government statute that requires the use of U.S. flag air carriers for all international air travel and transportation, unless such service is not available. When U.S. flag air carriers are not available, any Geographic Code 935 flag air carrier may be used. (c) Different requirements may be authorized in the implementing document if the transaction is financed under a USAID loan. (d) The Comptroller General's memorandum (B–138942), dated March 31, 1981, entitled “Revised Guidelines for Implementation of the Fly America Act”, established criteria for determining when U.S. flag air carriers are unavailable. See 48 CFR 47.403–1, or USAID Optional Standard Provision on “Air Travel and Transportation” for grants and cooperative agreements. (e) While the Comptroller General's memorandum does not establish specific criteria for determining when freight service is unavailable, it is USAID's policy that such service is not available when the following criteria are met: (1) When no U.S. flag air carrier provides scheduled air freight service from the airport serving the shipment's point of origin and a non-U.S. flag carrier does; (2) When the U.S. flag air carrier(s) serving the shipment's point of origin decline to issue a through air waybill for transportation at the shipment's final destination airport; (3) When use of a U.S.-flag air carrier would result in delivery to final destination at least seven days later than delivery by means of a non-U.S. carrier; (4) When the total weight of the consignment exceeds the maximum weight per shipment which the U.S. flag air carrier will accept and transport as a single shipment and a non-U.S. flag air carrier will accept and transport the entire consignment as a single shipment; (5) When the dimensions (length, width, or height) of one or more of the items of a consignment exceed the limitations of the U.S. flag aircraft's cargo door opening, but do not exceed the acceptable dimensions for shipment on an available non-U.S. flag scheduled air carrier. [61 FR 53616, Oct. 15, 1996; 62 FR 314, Jan. 3, 1997]
Title 22: Foreign Relations
PART 228—RULES ON SOURCE, ORIGIN AND NATIONALITY FOR COMMODITIES AND SERVICES FINANCED BY USAID
Subpart C—Conditions Governing the Eligibility of Commodity-Related Services for USAID Financing
§ 228.22 Air transportation.
