## 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

2 INTRODUCTION

1. The complainant , a dual citizen of the United State s 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, impri sonment, 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 passenger s 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 th e 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

## Third party complaint

3 U.S.C. § 41304(a) , revoke the permit granted to Saudi Arabian Airlines

to provide passenger service from airpo rts 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 immedi ately 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. § 41 712(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 capi tal

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 Y ork. According to its website,

## Third party complaint

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 1 002, 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 passenge r 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 sche duled

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

## Third party complaint

5 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, thro ugh 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

intereste d 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 represe ntative 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 C omplainant would be flying with his U.S. or his Israeli

## Third party complaint

6 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 p ermitted 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 attem pting 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

t he 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 Am bassador

## Third party complaint

7 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 b usiness transactions, financial operations or any other kind of deal ing 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 i n 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/System sAndRegulations/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

## Third party complaint

8 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. Pursu ant 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 c arrier 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. § 41 712(a) , the Secretary may bring action

against a foreign air carr ier 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. The se 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

## Third party complaint

10 further require the Secretary of T ransportation 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 allegati ons 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

11 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 t o 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).

COU NT II

– VIOLATION OF 49 U.S.C. § 41 712(a)

35. The allegati ons 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 ti ckets 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

## Third party complaint

12 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. § 41 712(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 Ara bian 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 viol ation of 49

U.S.C. § 41 712(a).

COUNT II I

– VIOLATION OF 4 9 U.S.C. § 40127(a)

39. The allegati ons set forth in paragraphs 1

- 3 8 above are incorporated

by reference as though fully set forth herein.

## Third party complaint

13 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 discr imination 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 dis guise 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 Decl aration 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, re ligion, national

1 

## An English translation of this document is available on the website of the Israeli Ministry of Foreign Affairs, www.mfa.gov.il.

## Third party complaint

14 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 4 9 U .S.C. §

40127(a).

COUNT IV

– VIOLATION OF 15 C.F.R. PART 760

44. The allegati ons set forth in paragraphs 1

- 4 3 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 of fering 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); 1 5 C.F.R. § 760.1(b)(4)(iii). These United

States Persons are obligated by Saudi law to co mply 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

## Third party complaint

15 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 allegatio ns 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 i s no reasonable basis to treat

c omplainant differently than any other U.S. citizen.

49. The actions complained of herein furt her 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

d iscrimination 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 Co ngress that the Arab League

## Third party complaint

16 boycott of Israel be immediately terminated).

COUNT V I

– VIOLATION OF FIRST AND FIFTH AMENDMENT RIGHTS

51. The allegati ons set forth in paragraphs 1

- 5 0 above are incorporated

by reference as though fully set forth herein.

52. Dual Unit ed 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 fi nancing 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. Co nstitution, 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 Saud i 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

## Third party complaint

17 of these proceedings. Complainant further requests that the Secret ary 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

## Third party complaint

18 VERIFICATION

Pursuant to Title 18 United States Code Section 1001, I, Jeffrey A. Lovitky, in my individual capacity an d 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 cont ain 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.

## Third party complaint

19 CERTIFICATE OF SERVICE

I hereby certify that I have on this 28 th 

## 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

Bla ne 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.w orkie@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

### I s r a e l B o y c o t t L a w

A r t i c l e 1

a ) N a t u r a l o r l e g a l p e r s o n s a r e p r o h i b i t e d

, w h e t h e r p e r s o n a l l y o r t h r o u g h a g e n t s
, t o c o n c l u d e a g r e e m e n t s w i t h b o d i e s o r p e r s o n s r e s i d i n g i n I s r a e l o r a f f i l i a t e d t h e r e t o b y v i r t u e o f n a t i o n a l i t y o r w o r k i n g f o r t h e a c c o u n t o r i n t h e i n t e r e s t o f I s r a e l w h e r e v e r t h e y m a y r e s i d e
, i f t h e s u b j e c t o f a g r e e m e n t i s b u s i n e s s t r a n s a c t i o n s
, f i n a n c i a l

o p e r a t i o n s o r a n y o t h e r k i n d o f d e a l i n g w h a t e v e r i t s n a t u r e m a y b e

. b ) N a t i o n a l a n d f o r e i g n c o m p a n i e s a n d i n s t i t u t i o n s h a v i n g b u s i n e s s i n t e r e s t s
, b r a n c h e s o r g e n e r a l a g e n c i e s i n I s r a e l

s h a l l b e t r e a t e d a s t h e b o d i e s a n d p e r s o n s b a n n e d t o d e a l w i t h a c c o r d i n g t o t h e p r e c e d i n g p a r a g r a p h a s i s d e t e r m i n e d b y t h e C o u n c i l o f M i n i s t e r s o r t h e a u t h o r i t y e m p o w e r e d b y t h e C o u n c i l o f M i n i s t e r s i n t h i s r e s p e c t

a c c o r d i n g t o t h e r e c o m m e n d a t i o n s m a d e b y t h e C o n f e r e n c e o f t h e l i a i s o n o f f i c e r s

.
A r t i c l e 2

a ) N o I s r a e l i c o m m o d i t i e s o r p r o d u c t s o f w h a t e v e r k i n d s a n d n o I s r a e l i p a p e r m o n e y o r o t h e r m o v a b l e a s s e t s s h a l l b e b r o u g h t i n o r i m p o r t e d i n t o t h e K i n g d o m

. F u r t h e r
, n o e x c h a n g e o r t r a d i n g i n t h e f o r e g o i n g i t e m s s h a l l b e p e r m i t t e d

. b ) G o o d s a n d c o m m o d i t i e s m a d e i n I s r a e l o r i n w h i c h a n y p e r c e n t a g e o f t h e p r o d u c t s o f I s r a e l e n t e r s w h a t e v e r s u c h p r o d u c t s m a y b e
, s h a l l b e c o n s i d e r e d I s r a e l i w h e t h e r s u c h g o o d s a n d c o m m o d i t i e s c o m e d i r e c t l y o r i n d i r e c t l y f r o m I s r a e l

. c ) C o m m o d i t i e s a n d p r o d u c t s r e s h i p p e d f r o m I s r a e l o r m a n u f a c t u r e d o u t s i d e I s r a e l t o b e e x p o r t e d f o r t h e a c c o u n t o f I s r a e l o r f o r t h e a c c o u n t o f t h e p e r s o n s o r b o d i e s s p e c i f i e d i n A r t i c l e 1 s h a l l b e t r e a t e d a s I s r a e l i g o o d s

.
A r t i c l e 3

A n y i m p o r t e r s h o u l d

, i n t h e c a s e s d e t e r m i n e d b y a r e s o l u t i o n o f t h e M i n i s t e r o f C o m m e r c e a n d I n d u s t r y
, s u b m i t a
c e r t i f i c a t e o f o r i g i n s p e c i f y i n g t h e f o l l o w i n g : 1

. T h e c o u n t r y i n w h i c h t h e c o m m o d i t i e s a r e m a d e

. 2

. N o m a t e r i a l o f t h e p r o d u c t s o f I s r a e l

, w h a t s o e v e r p e r c e n t a g e
, e n t e r s i n t h e m a n u f a c t u r e o f t h e c o m m o d i t i e s

.
A r t i c l e 4

T h e c o m p e t e n t a u t h o r i t i e s
, t o b e a p p o i n t e d b y a r e s o l u t i o n o f t h e M i n i s t e r o f C o m m e r c e a n d I n d u s t r y
, s h a l l t a k e t h e
r e q u i r e d a c t i o n s f o r b a n n i n g t h e e x p o r t i n g o f t h e c o m m o d i t i e s d e s i g n a t e d b y t h e C o n f e r e n c e o f L i a i s o n O f f i c e r s t o f o r e i g n c o u n t r i e s w h i c h a r e p r o v e d t h a t t h e y r e

- e x p o r t t h e s a m e c o m m o d i t i e s t o I s r a e l

.
A r t i c l e 5

T h e p r o v i s i o n s o f A r t i c l e s 2 & 3 & 4 s h a l l a p p l y t o t h e c o m m o d i t i e s w h i c h e n t e r t h e f r e e z o n e s i n t h e K i n g d o m o r
w h i c h a r e e x p o r t e d f r o m s u c h z o n e s

. L i k e w i s e
, t h e s a i d p r o v i s i o n s s h a l l a p p l y t o t h e c o m m o d i t i e s w h i c h a r e
u n l o a d e d o n t h e t e r r i t o r y o f t h e K i n g d o m o r w h i c h p a s s t h r o u g h t h e t e r r i t o r y o f t h e K i n g d o m f o r t h e p u r p o s e o f

e x p o r t i n g t o I s r a e l o r t o a p e r s o n o r b o d y r e s i d i n g t h e r e i n w i t h o u t p r e j u d i c e t o t h e p r o v i s i o n s o f i n t e r n a t i o n a l

a g r e e m e n t s i n w h i c h t h e K i n g d o m o f S a u d i A r a b i a i s a p a r t y

.
A r t i c l e 6

G o o d s a n d c o m m o d i t i e s s p e c i f i e d i n A r t i c l e 2 s h a l l n o t b e e x h i b i t e d

, s o l d

, p u r c h a s e d o r a c q u i r e d

. I n i m p l e m e n t a t i o n
o f t h e p r o v i s i o n s o f t h i s A r t i c l e
, a n y t r a n s a c t i o n m a d e b y w a y o f c o n t r i b u t i o n o r s u b s t i t u t i o n s h a l l b e c o n s i d e r e d a s
s a l e a n d p u r c h a s e

.
A r t i c l e 7

a ) A n y v i o l a t o r o f t h e p r o v i s i o n s o f A r t i c l e s 1 & 2 & 5 s h a l l b e s u b j e c t t o a m i n i m u m i m p r i s o n m e n t o f t h r e e y e a r s a n d

a m a x i m u m i m p r i s o n m e n t o f t e n y e a r s a n d a p e n a l t y o f a t l e a s t S R 5 t h o u s a n d b u t n o t e x c e e d i n g S R 5 0 t h o u s a n d

.b ) A n y v i o l a t o r o f t h e p r o v i s i o n s o f A r t i c l e s 3 o r 6 s h a l l b e s u b j e c t t o a m i n i m u m i m p r i s o n m e n t o f t h r e e m o n t h s a n d a
m a x i m u m i m p r i s o n m e n t o f t h r e e y e a r s a n d a p e n a l t y o f a t l e a s t S R 5 h u n d r e d b u t n o t e x c e e d i n g S R 5 t h o u s a n d o r h e
s h a l l b e s u b j e c t t o e i t h e r p e n a l t y

. c ) I f t h e c u l p r i t i n o n e o f t h e a b o v e m e n t i o n e d o f f e n c e s i s a l e g a l p e r s o n
, h e s h a l l b e s u b j e c t t o a f i n a n c i a l p e n a l t y

. O n t h e o t h e r h a n d

, c o r p o r a l p u n i s h m e n t s h a l l b e i m p o s e d o n t h o s e p e r s o n s w h o c o m m i t t e d t h e c r i m e a n d w h o b e l o n g t o t h e l e g a l p e r s o n a l i t y

. d ) I n a l l c a s e s
, t h e s e i z e d c o m m o d i t i e s s h a l l b e a d j u d g e d t o b e c o n f i s c a t e d

. F u r t h e r
, m e a n s o f t r a n s p o r t a t i o n u s e d i n
c o m m i t t i n g t h e c r i m e s h a l l b e a d j u d g e d t o b e a l s o c o n f i s c a t e d i f t h e o w n e r s o f s u c h m e a n s o f t r a n s p o r t a t i o n h a v e b e e n a w a r e o f t h e c r i m e

.
A r t i c l e 8

C u l p r i t s
, i n t h e e v e n t o f m u l t i p l i c i t y
, s h a l l b e e x e m p t e d f r o m t h e p e n a l t i e s p r o v i d e d f o r i n A r t i c l e 7 ( e x c e p t f o r
c o n f i s c a t i o n ) i f t h e y i n f o r m e d t h e g o v e r n m e n t o f t h e a c c o m p l i c e s i n a n y o f t h e a f o r e m e n t i o n e d c r i m e s
, p r o v i d e d t h a t

s u c h r e p o r t i n g l e a d s t o t h e d i s c o v e r y o f a c r i m e

.
A r t i c l e 9

a ) T h e a b s t r a c t o f a n y j u d g m e n t o f c o n d e m n a t i o n i s s u e d i n i m p l e m e n t a t i o n o f t h e p r o v i s i o n s o f t h i s L a w s h a l l b e p u b l i s h e d i n l o c a l n e w s p a p e r s a t t h e e x p e n s e o f t h e c o n v i c t

. T h e s a m e a b s t r a c t s h a l l b e p l a c e d i n c a p i t a l l e t t e r s a t h i s o w n e x p e n s e o n t h e f r o n t p a r t o f h i s c o m m e r c i a l s h o p
, f a c t o r y
, s t o r e o r a n y o t h e r p l a c e i n w h i c h h e w o r k s f o r a p e r i o d o f t h r e e m o n t h s

. b ) T h e r e m o v a l

, c o n c e a l m e n t

, o r d e s t r u c t i o n o f t h e s a i d a b s t r a c t s h a l l r e s u l t i n a n i m p r i s o n m e n t o f n o t m o r e t h a n t h r e e m o n t h s a n d a p e n a l t y o f n o t m o r e t h a n S R 2 h u n d r e d o r e i t h e r p e n a l t y

.
A r t i c l e 1 0

F i n a n c i a l r e w a r d s s h a l l b e g i v e n i n a n a d m i n i s t r a t i v e m a n n e r t o a n y p e r s o n w h e t h e r o f t h e g o v e r n m e n t a l s t a f f o r
o t h e r p e r s o n n e l s e i z i n g t h e c o m m o d i t i e s s u b j e c t o f t h e c r i m e s p r o v i d e d f o r i n t h i s L a w o r f a c i l i t a t i n g t h e s e i z u r e o f

s u c h c o m m o d i t i e s

. T h e r a t i o o f t h e r e w a r d s h a l l b e 2 0 % o f t h e v a l u e o f c o m m o d i t i e s a d j u d g e d t o b e c o n f i s c a t e d

. I n t h e e v e n t o f t h e m u l t i p l i c i t y o f t h e p e r s o n s d e s e r v i n g r e w a r d s
, s u c h a r e w a r d s h a l l b e d i s t r i b u t e d a m o n g s t s u c h p e r s o n s i n p r o p o r t i o n s a c c o r d i n g t o t h e i r i n d i v i d u a l e f f o r t s u p o n a r e s o l u t i o n o f t h e M i n i s t e r o f C o m m e r c e a n d I n d u s t r y

.
A r t i c l e 1 1

a ) T h e p e r s o n n e l

, a p p o i n t e d b y t h e M i n i s t e r s o f C o m m e r c e a n d I n d u s t r y
, F i n a n c e
, N a t i o n a l E c o n o m y
, D e f e n s e
, A v i a t i o n a n d I n t e r i o r
, s h a l l f i n d o u t a n d e s t a b l i s h t h e c r i m e s p r o v i d e d f o r i n t h i s L a w o r i n t h e r e g u l a t i o n s m a n i f e s t i n g i t

. b ) T h e M i n i s t r y o f C o m m e r c e a n d I n d u s t r y i s t h e c o m p e t e n t a u t h o r i t y t h a t

, a f t e r f i n d i n g o u t a n d e s t a b l i s h i n g c r i m e s
, s h a l l r e f e r t h e m t o t h e c o n c e r n e d a u t h o r i t y t o i s s u e i t s j u d g m e n t s i n t h i s r e g a r d

.
A r t i c l e 1 2

1 ) T h e c r i m e s p r o v i d e d f o r i n t h i s L a w s h a l l b e r e f e r r e d t o a n a u t h o r i t y m a d e u p o f :

• C h i e f o f t h e B u r e a u o f G r i e v a n c e s o r h i s d e p u t y
, a s a c h a i r m a n

.
• L e g a l a d v i s e r f r o m t h e B u r e a u o f G r i e v a n c e s

.
• L e g a l a d v i s e r f r o m t h e C o u n c i l o f M i n i s t e r s

. 2 ) T h e r e s o l u t i o n s o f t h e s a i d a u t h o r i t y s h a l l n o t b e e f f e c t i v e u n l e s s s u c h r e s o l u t i o n s a r e a p p r o v e d b y t h e P r i m e M i n i s t e r

.
A r t i c l e 1 3

R e g u l a t i o n s a n d r e s o l u t i o n s i n c o n s i s t e n t w i t h t h e p r o v i s i o n s o f t h i s L a w s h a l l b e c a n c e l l e d

.
A r t i c l e 1 4

T h e P r i m e M i n i s t e r a n d t h e M i n i s t e r s
, e a c h w i t h i n t h e s c o p e o f h i s c o m p e t e n c e s
, s h a l l i m p l e m e n t t h i s L a w w h i c h

s h a l l b e e f f e c t i v e a s f r o m t h e d a t e o f p u b l i s h i n g

.

L a s t M o d i f i e d 9 / 1 4 / 2 0 1 4 9 : 5 8 A MU.S. Department of Transportation

Office of the Secretary of Transportation GENERAL COUNSEL



### NOVEMBER

6. 2013 i 208 ~'Je v.

- 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.

~- 

### -------,-//

~_/


### Samuel Podberesky Assistant General Counsel for Aviation Enforcement and Proceedings