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OST-2008-0008 - TAG Aviation (UK) - UK-US Permit
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OST-2008-0008 - Foreign Air Carrier Permit - US-Europe January 8, 2008 Application for a Foreign Air Carrier Permit and Amended Exemption Authority TAG Aviation (UK) Ltd. requests a foreign air carrier permit to the full extent authorized by the Air Transport Agreement Between the United States and the European Community and the Member States of the European Community to enable it to engage in: a) foreign charter air transportation of persons and property from any point or points behind any Member State of the European Union via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; b) foreign charter air transportation of persons and property between any point or points in the United States and any point or points in any member of the European Common Aviation Area; c) other charters pursuant to the prior approval requirements set forth in Part 212 of the Department's Economic Regulations; and d) transportation authorized by any additional route rights made available to European Community carriers in the future. Given that the US-EC Agreement will take effect March 30, 2008, TAG UK requests that the authority be granted to become effective as of that date or on any earlier date on which the US-EC Agreement is being applied. TAG UK currently operates to the United States pursuant to its exemption authority that was initially issued by Notice of Action Taken on December 12, 2005 in Docket OST-2005-22829 and renewed on January 9, 2007. TAG UK is simultaneously filing an application to renew its exemption authority. Counsel: Garofalo Goerlich, Gary Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com
February 26, 2008 In response to the Department's inquiry, this letter will confirm that 65.88% of TAG Aviation (UK) Ltd is owned by nationals of the European Union. With the exception of one individual, all ofthe ultimate beneficiaries of the Akram Ojjieh Trust, which indirectly owns 46.63% of TAG Aviation (UK) Ltd, hold European Union citizenship. These European beneficiaries represent an indirect ownership of 39.41% of TAG Aviation (UK) Ltd. The 39.41% indirect European ownership ofthe Akram Ojjeh Trust added to the previously established European ownership results in a total of 65.88% of TAG Aviation (UK) Ltd being ovvned by nationals of the European Union. Counsel: Garofalo Goerlich, Garo Garofalo, 202-776-3970, ggarofalo@ggh-airlaw.com
Order 2008-4-21 Issued and Served April 14, 2008 Order Renewing and Amending Exemption and To Show Cause TAG UK has requested that we grant it, in addition to authority currently contained in the U.S.-EU Agreement, authority to conduct transportation authorized by any additional rights made available to European Community carriers in the future. We are granting TAG UK’s request for this authority by exemption (and tentatively granting it by foreign air carrier permit). We are, however, requiring TAG UK, before it commences any new service under this authority, to provide us with evidence that it holds a homeland license for that new service, unless it has already provided such evidence. With respect to the applicant’s request for exemption authority, we find that grant of this authority, as conditioned, is consistent with the public interest. We also find that the applicant is financially and operationally qualified to perform the services authorized, and that it is substantially owned and effectively controlled by citizens of Member States of the European Union, consistent with the provisions of the U.S.-EU Agreement The record indicates that TAG UK is owned by TAG Holding, a Swiss company. TAG Holding is partially owned by a company owned by a trust (46.63 percent), with the remaining ownership held by three other companies. The ultimate beneficiaries of the trust include EU citizens, who have an indirect ownership interest in TAG Holding of 39.41 percent. EU citizens also hold 26.47 percent of the three companies that own the remainder of TAG Holding. Thus, 65.88 percent of the ownership of TAG Holding, and of TAG UK, is held by EU citizens By: Paul Gretch
Order 2008-7-12 Issued May 6, 2008 | Served July 8, 2008 By Order 2008-4-21, issued April 14, 2008, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award an amended foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conclusions of the Order. No objections were received within the time period provided. By: Paul Gretch |
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