BEFORE THE

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY 

April 28, 2015

___________________________________

JONATHAN PARKER )

 )

Complainant, )

 )

 )

v. ) Docket DOT-OST-2015- 

 ) 

 ) Third Party Complaint

SAUDI ARABIAN AIRLINES ) Pursuant to 

 ) 14 C.F.R. 302.404

Respondent, ) (Request for

_________________________________ ) Enforcement Action)

Communications with respect to this complaint should be sent to:

JEFFREY A. LOVITKY

Attorney at Law

1776 K St., NW, Ste. 800

Washington, D.C. 20006

Tel: (202) 429-3393

Facsimile: (202) 318-4013

Email: Lovitky@aol.com

 Attorney for Complainant
Third party complaint

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INTRODUCTION

1. The complainant, a dual citizen of the United States and the State 

of Israel, wishes to fly from New York to India on Saudi Arabian 

Airlines. The Saudi Arabian Airlines frequently offers the least 

expensive service between New York and India. Complainant alleges 

that he may be subject to detention, imprisonment, or other official 

punishment if his Israeli passport were revealed while transiting through 

either Riyadh or Jeddah on his way to India. 

2. The paramount obligation of the Secretary of Transportation is to 

ensure the safety and security of passengers in air commerce. 49 U.S.C. §

40101(a)(1). The Secretary must obtain assurances that dual U.S. and 

Israeli citizens will not be subject to any form of punishment or 

detention, or otherwise be subject to any form of coercion or 

intimidation, while waiting in the transit areas of Saudi Arabian airports 

for their connecting flights. The Secretary must also obtain assurances 

that such persons will not be subject to harassment or intimidation of any 

type while on board any Saudi Arabian Airlines flight from the United 

States.

3. If the Secretary is unable to obtain such assurances, then the 

Secretary must pursuant to the authority conferred upon him by 49 
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U.S.C. § 41304(a), revoke the permit granted to Saudi Arabian Airlines 

to provide passenger service from airports in the United States. The 

Secretary would effectively be endangering the safety and security of 

dual United States and Israeli citizens by failing to take such action. 

4. In the interim and while these proceedings are pending, the 

Secretary should immediately order the Saudi Arabian Airlines to inform 

the public of any restrictions which are imposed upon dual United States 

and Israeli citizens. 49 U.S.C. § 41712(a). Failure to provide such 

warning could also endanger the personal security of dual U.S. and 

Israeli citizens if they were to be subjected to criminal sanctions under 

Saudi law.

STATEMENT OF FACTS

5. Complainant is a Jewish citizen of the State of Israel, and is also a 

citizen of the United States. He resides in Jerusalem, which is the capital 

of the State of Israel. His occupation is a physician. Complainant was 

born in the United States, and immigrated to the State of Israel in 1999. 

6. Saudi Arabian Airlines is registered as a foreign corporation in the 

State of Virginia, whose principal executive office is located at 8081 

Wolftrap Road, Suite 200, Vienna, VA. The airline is also registered as a 

foreign corporation in the State of New York. According to its website, 
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4

Saudi Arabian Airlines maintains offices at the following locations: New 

York’s JFK Airport; 11301 W. Irving Park Road, Franklin Park, Il., 5718 

Westheimer Road, Suite 1090, Houston, Texas, and 9841 Airport 

Boulevard, Suite 1002, Los Angeles, CA.

7. Saudi Arabian Airlines is owned by the government of Saudi 

Arabia, and must adhere to all laws and regulations issued by the 

government of Saudi Arabia.

8. Three U.S. airports are currently serviced by Saudi Arabian 

Airlines for passenger flights, i.e., New York Kennedy, Washington 

Dulles, and Los Angeles International. Saudi Arabian Airlines carries 

passengers to cities around the world from these three airports, transiting 

through either Riyadh or Jeddah. 

9. Transit passengers on Saudi Arabian Airlines are not permitted to 

leave the transit area of the airport in Riyadh or Jeddah, unless they have 

a visa to enter into Saudi Arabia. U.S. citizens who are transiting through 

Saudi Arabia are not required to obtain a visa, unless their scheduled 

layovers in Saudi Arabia are 12 hours or longer.

10. Saudi Arabian Airlines markets directly to U.S. citizens by selling 

tickets on their U.S. website, as well as by selling tickets through other 

third party ticket agents, e.g., Expedia, Priceline, etc. These tickets are 
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marketed both to U.S. passengers whose final destination is Saudi 

Arabia, as well as to passengers whose final destination is outside of 

Saudi Arabia and who are merely transiting through Saudi Arabia.

11. The United States government, through the Export-Import Bank of 

the United States, has financed some of the aircraft used by Saudi 

Arabian Airlines. 

12. On April 12, 2015, complainant contacted the Saudi Arabian 

Airlines reservations office and advised the representative that he was 

interested in flying on Saudi Arabian Airlines from New York’s JFK

airport to India, transiting through either Riyadh or Jeddah. Saudi 

Arabian Airlines frequently has the lowest fares of any carrier on flights 

from New York to India. He further advised the representative that he 

was a dual citizen of both Israel and the United States. The 

representative advised him that he could fly and did not need a transit 

visa as long as his layover in Saudi Arabia was for less than 12 hours.

13. Complainant was uncertain whether the representative, who did 

not seem to speak English well, comprehended that he was an Israeli

citizen. He called back and spoke with a second representative, who 

asked whether Complainant would be flying with his U.S. or his Israeli 
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passport. Complainant responded that he would be flying with his U.S. 

passport, and that he would keep his Israeli passport in his bag. 

14. The second representative checked with his supervisor, and 

advised complainant that Israeli passport holders are not permitted to 

enter into Saudi Arabia, even for transit purposes. He said that the airline 

could accept him as a passenger only if he received permission from the 

Saudi Embassy to take the flight. See attached Declaration of Jonathan 

Parker.

15. Passengers attempting to purchase tickets on the Saudi Arabian 

Airlines website must select their “nationality” from a drop down box.

There is an entry for Palestine, but not Israel, in the drop down box.

16. Saudi Arabia is a country that has been repeatedly designated by 

the U.S. Department of Treasury as a country that requires or may require 

participation in, or cooperation with, the boycott of Israel. See e.g. 80 

Fed. Reg. 17152, March 31, 2015; 79 Fed. Reg. 73141, December 9, 

2014; 79 Fed. Reg. 51224, August 27, 2014

17. In response to an inquiry from Senator Chris Murphy of 

Connecticut, the Saudi Ambassador to the United States advised the U.S. 

Department of Transportation that Israeli citizens are not permitted to 

enter into Saudi Arabia, even for transit purposes. The Ambassador 
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further stated that U.S. citizens who become Israeli citizens and who 

travel with an Israeli passport would be subject to the same restrictions as 

other Israeli citizens. See attached letter from the U.S. Department of 

Transportation to Senator Christopher Murphy, dated November 6, 2013.

18. On the English website of the Saudi Arabian Ministry of 

Commerce and Industry is a document entitled Israel Boycott Law. This 

document states in part as follows:

a. Natural or legal persons are prohibited, whether personally or 

through agents, to conclude agreements with bodies or persons residing 

in Israel or affiliated thereto by virtue of nationality or working for the 

account or in the interest of Israel wherever they may reside, if the 

subject of agreement is business transactions, financial operations or any 

other kind of dealing whatever its nature may be.

b. No Israeli commodities or products of whatever kinds and no 

Israeli paper money or other movable assets shall be brought in or 

imported into the Kingdom.

19. Companies that violate these provisions are subject to financial 

penalties. Employees of companies who are responsible for such 

violations are subject to imprisonment.

20. A copy of this law may be retrieved from 

http://www.mci.gov.sa/en/LawsRegulations/SystemsAndRegulations/Pro

vinceIsraelSystem/Pages/28-2.aspx

21. Saudi Arabian Airlines is precluded from selling tickets to Israeli 

citizens and/or providing transportation services to Israeli citizens. The 
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government of Saudi Arabia prohibits Israeli citizens from entering into 

Saudi Arabia, whether for transit purposes or otherwise.

22. Complainant would be subject to punishment for illegal entry into 

Saudi Arabia if his Israeli passport were observed during a routine search 

of his baggage, or if he were to disclose that he is an Israeli citizen in 

response to questioning from the Saudi authorities.

LEGAL FRAMEWORK

23. The Secretary’s paramount and overriding responsibility is to 

ensure the safety and security of passengers in air commerce. 49 U.S.C. §

40101(a)(1).

24. Pursuant to 49 U.S.C. § 40127(a), a foreign air carrier “may not 

subject a person in air transportation to discrimination on the basis of 

race, color, national origin, religion, sex, or ancestry.” to disguise what 

is in fact national-origin discrimination.” Id. at 92.

25. An air carrier is prohibited by 49 U.S.C. § 41310(a) from 

subjecting a person “to unreasonable discrimination” in foreign air 

transportation. The provisions of 49 U.S. C. § 41310(a) prohibit airlines 

from engaging in non-economic forms of discrimination against 

individuals. This provision was relied upon by the Secretary in ordering 
Third party complaint

9

the cessation of discriminatory conduct against Arab passengers in the 

aftermath of 9/11, notwithstanding the airline’s objection that the statute 

was aimed at rate discrimination. See Order Denying Motion of 

American Airlines to Dismiss, Docket OST-2003-15046, at pp. 2-3. 

26. Pursuant to 49 U.S.C. § 41712(a), the Secretary may bring action 

against a foreign air carrier for engaging in an "unfair or deceptive 

practice or an unfair method of competition in air transportation."

27. The anti-boycott provisions of the Export Administration 

Regulations (EAR) prohibit any “United States person” from refusing to 

do business with a national of a friendly foreign country, “when such 

refusal is pursuant to .... a requirement of the boycotting country, or a 

request from or on behalf of the boycotting country.” 15 C.F.R. § 

760.2(a)(1). The term “United States person” includes any U.S. sales 

office or other permanent domestic establishment of a foreign concern. 

15 C.F.R. § 760.1(b)(1)(iv). 15 C.F.R. § 760.1(b)(4)(iii). The boycott 

regulations also define a “United States person” to include U.S. 

government agencies. 15 C.F.R. § 760.1(b)(1)(i). 

28. These regulations prohibit the Secretary of Transportation from 

abetting or permitting any violation of the anti-boycott provisions. 15 

C.F.R. § 764.2(b)(d). See also 15 C.F.R. § 760.4(a). These regulations 
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further require the Secretary of Transportation to report to the U.S. 

Department of Commerce any request that it receives from an airline that 

has the effect of furthering a boycott against a country friendly to the 

United States. See 15 C.F.R. § 760.5(a) (1).

29. The First Amendment to the U.S. Constitution, as well as the Due 

Process provisions of the Fifth Amendment, provides guarantees against 

unreasonable discrimination by the federal government.

LEGAL VIOLATIONS ASSERTED AND RELIEF REQUESTED

COUNT I – 49 U.S.C. § 40101(a)(1) 

30. The allegations set forth in paragraphs 1-29 above are incorporated 

by reference as though fully set forth herein.

31. The Secretary’s paramount statutory responsibility is to ensure the 

safety and security of air passengers. 49 U.S.C. § 40101(a)(1). 

32. Dual U.S. and Israeli citizens flying from New York, Los Angeles, 

or Washington Dulles may be subject to criminal sanctions while waiting 

in the airport transit areas of the Riyadh or Jeddah airports for their 

connecting flights. 

33. Saudi Arabian Airlines, and/or the Saudi Arabian authorities, must 

be required to provide assurances that transit passengers from the United 

States will not be subjected to any form of detention, harassment, 
Third party complaint

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coercion, or intimidation due to their Israeli citizenship while waiting for 

their connecting flights in the Riyadh or Jeddah airport transit areas. 

Saudi Arabian Airlines, and/or the Saudi Arabian authorities, must also 

provide assurances that Israeli citizens will not be subject to any form of 

intimidation or harassment while on board any Saudi Arabian Airlines 

flight from the United States. 

34. In the event the Saudi Arabian Airlines and/or the Saudi Arabian 

authorities are unable to provide such assurances, the Secretary must 

nonetheless fulfill his paramount statutory responsibility to ensure the 

safety and security of all air passengers. 49 U.S.C. § 40101(a)(1). In 

such event, the Secretary must revoke the permit granted to the Saudi 

Arabian Airlines to carry passengers from airports in the United States. 

49 U.S.C. § 41304(a). 

COUNT II – VIOLATION OF 49 U.S.C. § 41712(a)

35. The allegations set forth in paragraphs 1-34 above are incorporated 

by reference as though fully set forth herein.

36. Saudi Arabian Airlines engages in unfair practices and unfair 

methods of competition by offering tickets for sale in the United States

without informing the American public of the prohibitions imposed upon 

dual U.S. and Israeli citizens. Saudi Arabian Airlines has a duty to 
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prominently display on its U.S. website and in its marketing materials for 

the U.S. market that certain restrictions apply to such dual United States 

and Israeli citizens. Saudi Arabian airlines also has an obligation under 

49 U.S.C. § 41712(a) to inform third party ticket agents such as Expedia 

and Priceline of these restrictions, who in turn are obligated to furnish 

such information to persons buying tickets through them. 

37. The failure of Saudi Arabian Airlines to provide such information 

could endanger the personal security of dual United States and Israeli 

citizens if they were to fly without notice of the restrictions imposed 

upon them. The failure of Saudi Arabian Airlines to provide such 

information also deprives all other prospective passengers of the right to 

decide whether they wish to fly on Saudi Arabian Airlines or to transit 

through Saudi Arabia in light of the restrictions imposed upon dual 

United States and Israeli citizens.

38. The above described actions constitute an "unfair practice or an 

unfair method of competition in air transportation" in violation of 49 

U.S.C. § 41712(a).

COUNT III – VIOLATION OF 49 U.S.C. § 40127(a)

39. The allegations set forth in paragraphs 1-38 above are incorporated 

by reference as though fully set forth herein.
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40. The provisions of 49 U.S.C. § 40127(a) prohibit discrimination on 

the basis of race, ancestry, religion, and national origin. In Espinoza v. 

Farah Mfg. Co., 414 U.S. 86, 94 S. Ct. 334, 38 L. Ed. 2d 287 (1973), the 

Supreme Court held that citizenship discrimination is not identical to 

national origin discrimination. However, the Court warned that a 

“citizenship requirement might be but one part of a wider scheme of 

unlawful national-origin discrimination” and that a citizenship test may 

be a “pretext to disguise what is in fact national-origin discrimination.” 

Id. at 92.

41. The Israel Boycott Law does not apply solely to Israel citizens, but 

also to persons “affiliated thereto by virtue of nationality.” The term 

“nationality” is a broad term that may refer either to citizenship, or to 

national origin and ethnicity. As such, the term “affiliated thereto by 

virtue of nationality” may also encompass distinctions based upon 

national origin, ancestry, race, and religion. 

42. The Declaration of the Establishment of the State of Israel declares 

“the establishment of a Jewish State in the Land of Israel” which is 

further described as the “birthplace of the Jewish people.”1 Israeli 

citizenship is therefore closely interwoven with race, religion, national 

																																																							 1 An English translation of this document is available on the website of 

the Israeli Ministry of Foreign Affairs, www.mfa.gov.il.
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origin, and ancestry. Israeli citizenship, like U.S. citizenship, may also be 

acquired upon birth, thereby reinforcing the link between Israeli 

citizenship and national origin.2

43. The acts complained of herein constitute a violation of 49 U.S.C. § 

40127(a).

COUNT IV – VIOLATION OF 15 C.F.R. PART 760

44. The allegations set forth in paragraphs 1-43 above are incorporated 

by reference as though fully set forth herein.

45. Saudi Arabian Airlines is required by the Israel Boycott Law to 

refrain from offering transportation to citizens of the State of Israel. The 

U.S. sales offices of Saudi Arabian Airlines are “United States Persons.” 

15 C.F.R. § 760.1(b)(1)(iv); 15 C.F.R. § 760.1(b)(4)(iii). These United 

States Persons are obligated by Saudi law to comply with the Israel 

Boycott Law. As such, these United States Persons are in violation of the 

anti-boycott provisions of the Export Administration Regulations (EAR), 

15 C.F.R. Part 760.

46. The U.S. Department of Transportation is also a United States 

Person for purposes of these anti-boycott provisions. As such, the 

																																																							 2 The circumstances in which Israeli citizenship may be acquired by birth 

are described in the Israeli Foreign Ministry website at 

http://www.mfa.gov.il/mfa/aboutisrael/state/pages/acquisition%20of%20i

sraeli%20nationality.aspx
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Secretary would be illegally facilitating the boycott of Israel if it were to 

approve the discriminatory policy of Saudi Arabia. 15 C.F.R. § 

764.2(b)(d). See also 15 C.F.R. § 760.4(a). 

COUNT V – VIOLATION OF 49 U.S.C. § 41310(a)

47. The allegations set forth in paragraphs 1-46 above are incorporated 

by reference as though fully set forth herein.

48. The actions alleged herein constitute “unreasonable 

discrimination.” U.S. citizens do not require permission from the 

Embassy of Saudi Arabia to transit through either Riyadh or Jeddah. 

Complainant is also a U.S. citizen. There is no reasonable basis to treat 

complainant differently than any other U.S. citizen. 

49. The actions complained of herein further constitute unreasonable 

discrimination because compliance with the Israeli Boycott Law by 

United States Persons is expressly forbidden by regulations issued by the 

Secretary of Commerce. 

50. The actions complained of herein also constitute unreasonable 

discrimination because the public policy of the United States is that the 

Arab Boycott of Israel is harmful and should be terminated immediately. 

See e.g. Section 7035 of the Consolidated Appropriations Act, FY 2014

(P.L. 113-76) (expressing the sense of Congress that the Arab League 
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boycott of Israel be immediately terminated).

COUNT VI – VIOLATION OF FIRST AND FIFTH AMENDMENT 

RIGHTS

51. The allegations set forth in paragraphs 1-50 above are incorporated 

by reference as though fully set forth herein.

52. Dual United States and Israeli citizens have the same right as other 

U.S. citizens to use the services of Saudi Arabian Airlines and to transit 

through Saudi Arabian airports. These services were financed in part by 

the U.S. government through Export-Import Bank financing of Saudi 

Arabian Airlines. 

53. Any order issued by the Secretary of Transportation that 

effectively authorizes discrimination on the basis of dual United States

and Israeli citizenship would constitute a violation of the First 

Amendment to the U.S. Constitution, as well as the Due Process 

provisions of the Fifth Amendment, including the prohibition 

incorporated therein against denying any person equal protection of the 

laws. 

WHEREFORE, Complainant requests that the Secretary immediately 

order the Saudi Arabian Airlines to provide fair warning of any 

restrictions imposed upon dual U.S. and Israeli citizens. This order 

should be implemented immediately, without waiting for the conclusion 
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17

of these proceedings. Complainant further requests that the Secretary find 

that Saudi Arabian Airlines is in violation of the above-mentioned laws 

and regulations, and further order the termination of the discriminatory

conduct alleged herein. If compliance with such order is not 

forthcoming, then the Secretary must in the interest of passenger safety 

revoke the permit granted to Saudi Arabian Airlines to fly passengers 

from airports in the United States. 49 U.S.C. § 41304(a). 

Respectfully submitted

_______________________

JEFFREY A. LOVITKY

Attorney at Law

1776 K St., NW, Ste. 800

Washington, D.C. 20006

Tel: (202) 429-3393

Facsimile: (202) 318-4013

Email: Lovitky@aol.com

Attorney for Complainant
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VERIFICATION

Pursuant to Title 18 United States Code Section 1001, I, Jeffrey A. 

Lovitky, in my individual capacity and as the authorized representative of 

the pleader, have not in any manner knowingly and willfully falsified, 

concealed or failed to disclose any material fact or made any false, 

fictitious, or fraudulent statement or knowingly used any documents 

which contain such statements in connection with the preparation, filing 

or prosecution of the pleading. I understand that an individual who is 

found to have violated the provisions of 18 U.S.C. Section 1001 shall be 

fined or imprisoned not more than five years, or both.

___________________

Jeffrey A. Lovitky, Esq. 
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CERTIFICATE OF SERVICE

I hereby certify that I have on this 28th day of April, 2015 caused 

this third-party complaint and attached declaration and exhibits to be sent 

via email and first class mail, postage prepaid, to each of the individuals 

listed below:

Judith Kaleta, Esq.

Deputy General Counsel

U.S. Department of Transportation

1200 New Jersey Avenue, S.E.

Washington D.C. 20590

judy.kaleta@dot.gov

Blane A. Workie, Esq.

Acting Assistant General Counsel

U.S. Dept. of Transportation

Office of Aviation Enforcement and Proceedings

West Building, 1200 New Jersey Ave. SE, Room W96-322

Washington D.C. 20590-9898

blane.workie@dot.gov

George T. Boggs

Dickstein Shapiro LLP

1825 Eye Street N.W.

Washington, D.C. 20006-5403

Attorney of Record for Saudi Arabian Airlines

boggsg@dicksteinshapiro.com

_________________

 Jeffrey Lovitky


4/28/2015 Israel Boycott Law

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Israel Boycott Law

Article 1

a) Natural or legal persons are prohibited, whether personally or through agents, to conclude agreements with

bodies or persons residing in Israel or affiliated thereto by virtue of nationality or working for the account or in the

interest of Israel wherever they may reside, if the subject of agreement is business transactions, financial

operations or any other kind of dealing whatever its nature may be.

b) National and foreign companies and institutions having business interests, branches or general agencies in Israel

shall be treated as the bodies and persons banned to deal with according to the preceding paragraph as is

determined by the Council of Ministers or the authority empowered by the Council of Ministers in this respect

according to the recommendations made by the Conference of the liaison officers.

Article 2

a) No Israeli commodities or products of whatever kinds and no Israeli paper money or other movable assets shall be

brought in or imported into the Kingdom. Further, no exchange or trading in the foregoing items shall be permitted.

b) Goods and commodities made in Israel or in which any percentage of the products of Israel enters whatever such

products may be, shall be considered Israeli whether such goods and commodities come directly or indirectly from

Israel.

c) Commodities and products reshipped from Israel or manufactured outside Israel to be exported for the account of

Israel or for the account of the persons or bodies specified in Article 1 shall be treated as Israeli goods.

Article 3

Any importer should, in the cases determined by a resolution of the Minister of Commerce and Industry, submit a

certificate of origin specifying the following:

1. The country in which the commodities are made.

2. No material of the products of Israel, whatsoever percentage, enters in the manufacture of the commodities.

Article 4

The competent authorities, to be appointed by a resolution of the Minister of Commerce and Industry, shall take the

required actions for banning the exporting of the commodities designated by the Conference of Liaison Officers to

foreign countries which are proved that they re-export the same commodities to Israel.

Article 5

The provisions of Articles 2 & 3 & 4 shall apply to the commodities which enter the free zones in the Kingdom or

which are exported from such zones. Likewise, the said provisions shall apply to the commodities which are

unloaded on the territory of the Kingdom or which pass through the territory of the Kingdom for the purpose of

exporting to Israel or to a person or body residing therein without prejudice to the provisions of international

agreements in which the Kingdom of Saudi Arabia is a party.

Article 6

Goods and commodities specified in Article 2 shall not be exhibited, sold, purchased or acquired. In implementation

of the provisions of this Article, any transaction made by way of contribution or substitution shall be considered as

sale and purchase.

Article 7

a) Any violator of the provisions of Articles 1 & 2 & 5 shall be subject to a minimum imprisonment of three years and

a maximum imprisonment of ten years and a penalty of at least SR 5 thousand but not exceeding SR 50 thousand.
4/28/2015 Israel Boycott Law

https://mci.gov.sa/en/LawsRegulations/SystemsAndRegulations/ProvinceIsraelSystem/Pages/28-2.aspx 2/3

b) Any violator of the provisions of Articles 3 or 6 shall be subject to a minimum imprisonment of three months and a

maximum imprisonment of three years and a penalty of at least SR 5 hundred but not exceeding SR 5 thousand or he

shall be subject to either penalty.

c) If the culprit in one of the above mentioned offences is a legal person, he shall be subject to a financial penalty. On

the other hand, corporal punishment shall be imposed on those persons who committed the crime and who belong

to the legal personality.

d) In all cases, the seized commodities shall be adjudged to be confiscated. Further, means of transportation used in

committing the crime shall be adjudged to be also confiscated if the owners of such means of transportation have

been aware of the crime.

Article 8

Culprits, in the event of multiplicity, shall be exempted from the penalties provided for in Article 7 (except for

confiscation) if they informed the government of the accomplices in any of the aforementioned crimes, provided that

such reporting leads to the discovery of a crime.

Article 9

a) The abstract of any judgment of condemnation issued in implementation of the provisions of this Law shall be

published in local newspapers at the expense of the convict. The same abstract shall be placed in capital letters at

his own expense on the front part of his commercial shop, factory, store or any other place in which he works for a

period of three months.

b) The removal, concealment, or destruction of the said abstract shall result in an imprisonment of not more than

three months and a penalty of not more than SR 2 hundred or either penalty.

Article 10

Financial rewards shall be given in an administrative manner to any person whether of the governmental staff or

other personnel seizing the commodities subject of the crimes provided for in this Law or facilitating the seizure of

such commodities. The ratio of the reward shall be 20% of the value of commodities adjudged to be confiscated. In

the event of the multiplicity of the persons deserving rewards, such a reward shall be distributed amongst such

persons in proportions according to their individual efforts upon a resolution of the Minister of Commerce and

Industry.

Article 11

a) The personnel, appointed by the Ministers of Commerce and Industry, Finance, National Economy, Defense,

Aviation and Interior, shall find out and establish the crimes provided for in this Law or in the regulations manifesting

it.

b) The Ministry of Commerce and Industry is the competent authority that, after finding out and establishing crimes,

shall refer them to the concerned authority to issue its judgments in this regard.

Article 12

1) The crimes provided for in this Law shall be referred to an authority made up of:

• Chief of the Bureau of Grievances or his deputy, as a chairman.

• Legal adviser from the Bureau of Grievances.

• Legal adviser from the Council of Ministers.

2) The resolutions of the said authority shall not be effective unless such resolutions are approved by the Prime

Minister.

Article 13

Regulations and resolutions inconsistent with the provisions of this Law shall be cancelled.

Article 14

The Prime Minister and the Ministers, each within the scope of his competences, shall implement this Law which

shall be effective as from the date of publishing.

Last Modified 9/14/2014 9:58 AM
U.S.Department

of Transportation

Office of the Secretary

of Transportation

GENERAL COUNSEL

NOVEMBER6. 2013

i208 ~'Jev.- J~r5C'1' ;"'\.·e.·~:..0, SE

·vVasr·;H'g:o·'~.DC 2:59:

Certified Mail- Return Receipt Requested

The Honorable Christopher S. Murphy

United States Senate

Washington, DC 20510

Dear Senator Murphy:

I am writing to follow-up on Secretary Anthony R. Foxx's letter to you of September 19,2013,

responding to your joint inquiry with Senator Charles Schumer, about media reports alleging

discriminatory treatment by Saudi Arabian Airlines (Saudia) of passengers traveling with Israeli

passports. Secretary Foxx asked my office (Office of Aviation Enforcement and Proceedings) to

commence an investigation of the allegations based on the Department of Transportation's

(Department) authority under various laws to prohibit discrimination in foreign air transportation

and to advise you and Senator Schumer of the outcome.

My office recently concluded our investigation and has determined that with respect to

passengers traveling with Israeli passports, Saudia has not violated any U.S. anti-discrimination

laws, including 49 U.S.C. §40127, which prohibits a foreign air carrier from discrimination in air

transportation on the basis ofrace, color, national origin, religion, sex, ethnicity, or disability, or

49 U.S.C. § 41310, which prohibits unreasonable discrimination in air transportation.

In response to our inquiries about Saudia's policies, Saudia noted that Article 138(1) of Saudi

Arabia's civil aviation regulations sets forth the legal obligation of every air carrier operating

within the Kingdom of Saudi Arabia to "ensure that passengers and cargo have the required

documents to enter or exit the Kingdom to the destination aerodrome." Saudia also referenced

correspondence of Saudi Arabia's ambassador to the United States, Adel bin Ahmed al-Jubeir,

with U.S. Secretary of State John Kerry that indicated that the Kingdom of Saudi Arabia does not

recognize or have diplomatic relations with Israel and therefore does not recognize an Israeli

passport as a valid document for entering or exiting Saudi Arabia. The ambassador explained

that as an instrumentality of the Saudi Arabian government, Saudia does not accept passengers

traveling on Israeli passports on any flights to Saudi Arabia. He pointed out, that this policy,

which is based on citizenship or passport status, does not violate 49 U.S.C. § 40127 by Saudi

Arabia and explained that passengers born in Israel or having Israeli ancestry who hold valid

(i.e., recognized by Saudi Arabia) passports (e.g., passengers born in Israel who become

American citizens and travel on American passports) are able to purchase tickets on Saudia.

Conversely, he noted that U.S. citizens who become Israeli citizens and travel with an Israeli

passport would be subject to the same restrictions as other Israeli passport holders.

U.S. courts have recognized that the U.S. may discriminate based on citizenship at least in

certain contexts. In this regard, governments may have restrictive entry requirements for foreign

nationals, and airlines and passengers are subject to the laws of each nation to which they travel.
Because Saudi Arabia does not accept passports issued by Israel as valid travel documents for

entry into that country. either for a visit or for transit to another country. Saudia's policy does not

violate U.S. anti-discrimination laws. A U.S. carrier would similarly be subject to the same

requirements and would not be in violation of our anti-discrimination laws if that carrier did not

accept a passenger traveling on an Israeli passport on a tlight to Saudi Arabia just as a U.S.

carrier would not be in violation of those laws if it refused to carry someone into the U.S.

holding a passport from a country we do not recognize (e.g., North Korea).

A similar letter concerning our investigation findings has been sent to Senator Schumer. If our

office can provide further information or assistance, please feci free to call me at 202-366-9342.

Sincerely.

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~_/

Samuel Podberesky

Assistant General Counsel for Aviation Enforcement

and Proceedings