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OST-02-11417

 


Southern Winds, S.A.

OST-02-11417 January 25, 2002 Application for Exemption U.S.- Argentina
    Service List  

Southern Winds, S.A. ("Southern Winds") hereby respectfully requests, an exemption to the extent necessary to permit Southern Winds to immediately conduct scheduled foreign air transportation between a point or points in Argentina, on the one hand, and Miami, Florida and New York City, on the other. Southern Winds seeks this authority for a period to continue until ninety (90) days after issuance of a foreign air carrier permit to Southern Winds.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.300, rsilverberg@sgbdc.com 

OST-02-11418 January 25, 2002 Application for Foreign Air Carrier Permit Foreign Air Carrier Permit; U.S.- Argentina
      Index of Exhibit   
      Exhibits 1-2:  Certificate of Good Standing, Operating Authority    
      Exhibits  3-7:  List of Aircraft, Statement on Corporate Agreements, Officers and Directors, Flight Schedule, Statement and Certificate of Insurance   
      Exhibit 8:  Audited Financial Statements   
      Exhibit 9:  Pro Forma Financial Statements   
      Exhibit 10-12:  Safety Record Statement, Warsaw Agreement, Affidavit   
    Service List  

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.300, rsilverberg@sgbdc.com 

OST-02-11418 January 25, 2002 Motion for Confidential Treatment U.S.- Argentina
    Service List  

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.300, rsilverberg@sgbdc.com


Southern Winds, S.A.

OST-02-11417
OST-02-11418
February 11, 2002 Answer of United Air Lines Exemption and Foreign Air Carrier Permit - Argentina-US
      Service List    

United does not object, in principle, to Southern Winds obtaining the permit and exemption authority necessary to exercise the rights provided for Argentine­flag carriers under the U.S.-Argentina bilateral agreement. Such authority, however, should not be granted until U.S. carriers are assured their ability to fully exercise their own bilateral rights, including those pertaining to revenue conversion and remittance of funds, are secure and unimpaired. As of December 1, 2001, U.S. carrier assets held in bank accounts in Argentina have been frozen. Although U.S. carriers' individual banks are permitted to remit funds upon authorization by the Central Bank of Argentina, U.S. carriers' repeated requests to repatriate these funds have gone unacknowledged by the Central Bank.

Although United is sensitive to the difficulties facing the Argentine economy, such pressures do not justify this clear infringement of U.S. carriers' bilateral rights. These unlawful restrictions seriously impair U.S. carriers' cash flow and threaten the viability of their U.S.-Argentina operations. Indeed, these unlawful restrictions threaten the very services that help support trade between the two countries during this economic crisis.

Counsel:  United and Wilmer Cutler, Jeffrey Manley, 202-663-6670, jmanley@wilmer.com


Southern Winds, S.A.

OST-02-11417  
OST-02-11418

February 14, 2002 Withdrawal of Objection of United Air Lines to Application U.S.- Argentina

Counsel:  Wilmer Cutler, Jeffery Manley, 202.663.6670, jmanley@wilmer.com


Southern Winds, S.A.

OST-02-11417 June 6, 2002 Amendment No.1  to Application U.S.- Argentina
    Service List  

On January 25, 2002 Southern Winds, S.A. filed an application, pursuant to 49 U.S.C. 40109, for an exemption from the provisions of 49 U.S.C. 41301 to the extent necessary to permit Southern Winds to immediately conduct scheduled foreign air transportation between a point or points in Argentina, on the one hand, and Miami, Florida and New York City, on the other. Southern Winds sought this authority for a period to continue until ninety (90) days after issuance of a foreign air carrier permit to Southern Winds.

Southern Winds hereby amends its application for an exemption to further specify that Southern Winds will only conduct the services for which authority is being requested in this Docket by use of direct air carrier services provided by an authorized U.S. or foreign air carrier operating under a wet lease agreement with Southern Winds. Southern Winds will accept the imposition of such a condition on the grant of the requested authority until such time as Southern Winds will be permitted to conduct Argentina-U.S. services with its own aircraft and flight crews.

Southern Winds has been advised that the Federal Aviation Administration may have certain issues concerning compliance by the aviation authorities of Argentina with its obligations under the Convention on International Civil Aviation. Representatives of Southern Winds have explored these issues with the FAA and its Government and have reached the conclusion that the most expeditious method to proceed to exercise the bilateral rights granted by the Argentina-U.S. air transport agreement and the license issued to Southern Winds by the Government of Argentina is to utilize the services of another air carrier under a wet lease arrangement.

Upon the grant of this Amended Application, Southern Winds will commence to operate flights, in the initial phase of its service, four times per week between Buenos Aires and Miami. The flight will originate and terminate in Cordoba under a different flight number. As traffic conditions warrant service will be added to bring the number of weekly flights up to a maximum of seven round-trip services: This will be the only single-plane service between Cordoba and the United States. Moreover, the new services of Southern Winds will restore, in part, some of the Argentina-United States air service recently lost in the aftermath of the declining economic situation in Argentina.

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.300, rsilverberg@sgbdc.com 


Southern Winds, S.A.

OST-02-11417 June 12, 2002 Re:  Polling Letter U.S.- Argentina

Counsel:  Silverberg Goldman, Robert Silverberg, 202.944.300, rsilverberg@sgbdc.com


Southern Winds, S.A.

OST-02-11417 Filed January 25, 2002
Issued June 12, 2002
Notice of Action Taken U.S.- Argentina

By:  Paul Gretch


June 3, 2003

OST-02-11417 - Argentina-US Scheduled All-Cargo

Application for Renewal of Exemption Authority

Southern Winds has conducted scheduled service between Buenos Aires and Miami since its exemption authority was granted. Southern Winds currently provides three weekly roundtrip flights between Buenos Airc, Argentina and Miami, Floricia with Boeing B767-300ER aircraft under a wet lease arrangement with Air Atlanta-Icelandic. The authority of Air Atlanta-Icelandic to operate wet lease flights on behalf of Southern Winds will expire on July 16, 2003. On June 2, 2003, Air Atlanta applied to the Department for renewal of this authority.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com


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