BEFORE THE

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY 

 

May 3, 2015

___________________________________

JONATHAN PARKER ) 

 ) 

Complainant, ) 

 ) 

 ) 

v. )Docket DOT-OST-2015-0093 

 ) 

 ) First Amended Third Party 

SAUDI ARABIAN AIRLINES ) Complaint 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
First Amended Third Party Complaint

1 

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 (hereinafter “Saudia”). Saudia 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. Complainant further alleges 

that Saudia will not permit Jewish passengers to carry aboard the aircraft 

the religious articles that are required to fulfill his obligations as an 

observant Jew 

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 coercion 

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 Saudia flight from the United States.
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3. If the Secretary is unable to obtain such assurances, then the 

Secretary must pursuant to the authority conferred upon him by 49 

U.S.C. § 41304(a), revoke the permit granted to Saudia 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 Saudia to inform the public of any 

restrictions imposed upon dual U.S. and Israeli citizens, as well as upon 

Jewish persons. 49 U.S.C. § 41712(a). Failure to provide such warning 

could also endanger the personal security of these persons 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. Complainant is an observant Jew, who adheres to the requirement 

to lay Tefillin on his arm and forehead every weekday morning. Tefillin 

are a set of two black leather boxes containing scrolls of parchment 
First Amended Third Party Complaint

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inscribed with verses from the Torah, which is the core holy book of the 

Jewish religion. The requirement to lay Tefillin applies even while 

traveling. Therefore, complainant will lay Tefillin on the airplane or in 

the airport transit area if he is traveling during the morning hours. 

7. Saudia 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, Saudia 

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.

8. Saudia is owned by and is an instrumentality of the government of 

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

government of Saudi Arabia. The policies of the Saudi government 

concerning such matters as dual U.S. and Israeli citizens and the 

possession of non-Islamic religious articles are also the policy of Saudia. 

9. 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. Saudia carries passengers to cities 
First Amended Third Party Complaint

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around the world from these three airports, transiting through either 

Riyadh or Jeddah. 

10. Transit passengers on Saudia 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. 

11. The U.S. State Department website states as follows: “Air travelers 

may find lower-cost tickets between countries that include long layovers 

in Saudi airports. Be advised that Saudi Arabia does not grant transit 

visas to air travelers, so any layover will be spent entirely in the airport.” 

http://travel.state.gov/content/passports/english/country/saudiarabia.html. 

12. Saudia 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 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.
First Amended Third Party Complaint

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

the United States, has financed some of the aircraft used by Saudia. 

14. On April 12, 2015, complainant contacted the Saudia reservations 

office and advised the representative that he was interested in flying on 

Saudia from New York’s JFK airport to India, transiting through either 

Riyadh or Jeddah. Saudia 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.

15. 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 

passport. Complainant responded that he would be flying with his U.S. 

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

16. 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 
First Amended Third Party Complaint

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Saudi Embassy to take the flight. See Declaration of Jonathan Parker, 

dated April 13, 2015. 

17. Passengers attempting to purchase tickets on the Saudia website 

must select their “nationality” from a drop down box. There is an entry 

for Palestine, but not Israel, in the drop down box. 

18. 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

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

Connecticut, the Saudi Ambassador to the United States stated that Israeli 

citizens are not permitted to enter into Saudi Arabia, even for transit 

purposes. The Ambassador 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 letter from the U.S. 

Department of Transportation to Senator Christopher Murphy, dated 

November 6, 2013; see also attached letter from legal counsel to the 

Saudi government dated April 29, 2015, as well as enclosures thereto.
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20. 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.

21. Companies that violate these provisions are subject to financial 

penalties. Employees of companies who are responsible for such 

violations are subject to imprisonment. 

22. A copy of this law may be retrieved from 

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

vinceIsraelSystem/Pages/28-2.aspx

23. Saudia will not sell tickets or provide transportation to dual U.S. 

and Israeli citizens absent special permission from the Saudi government. 

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 
First Amended Third Party Complaint

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to questioning by the Saudi authorities, unless he first obtained special 

permission from the Saudi government to board the flight. 

24. On May 1, 2015, complainant telephoned the Saudia reservations 

office. He explained the purpose of Tefillin and asked whether he would 

be permitted to bring them on board the aircraft. The Saudia 

representative, after checking with his supervisor, informed complainant

that he would not be permitted to take Tefillin on board the aircraft. 

25. Under Saudi Arabian law, the public display of non-Islamic 

religious articles is forbidden. As noted by the State Department, the 

Saudi government “prohibits the public practice of religions other than 

Islam. Non-Muslims suspected of violating these restrictions have been 

jailed. Even church services in private homes have been raided, and 

participants have been jailed.” The State Department website further 

states that “Persons violating Saudi Arabian laws, even unknowingly, 

may be expelled, arrested, imprisoned, subject to physical punishments, 

or even executed.” 

http://travel.state.gov/content/passports/english/country/saudi-arabia.html

LEGAL FRAMEWORK
First Amended Third Party Complaint

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26. 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).

27. 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.” 

28. 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 

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. 

29. 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." 

30. The anti-boycott provisions of the Export Administration 

Regulations (EAR) prohibit any “United States person” from refusing to 
First Amended Third Party Complaint

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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). 

31. 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 

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).

32. 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) 
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33. The allegations set forth in paragraphs 1-32 above are incorporated 

by reference as though fully set forth herein.

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

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

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

or Washington Dulles may be subject to fines, detention, or other 

sanctions while waiting in the airport transit areas of the Riyadh or 

Jeddah airports for their connecting flights, unless prior to boarding the 

aircraft special permission was received from the Saudi government. 

36. Saudia, 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, coercion, or 

intimidation due to their Israeli citizenship while waiting for their 

connecting flights in the Riyadh or Jeddah airport transit areas, or while 

on board any Saudia flight from the United States. Saudia and/or the 

Saudi government must also provide assurances that Jewish passengers 

will be permitted to carry their Tefillin aboard the aircraft, and to safely 

lay their Tefillin on their arms and forehead, whether on the airplane or in 

Saudi airport transit areas. 

37. In the event Saudia and/or the Saudi Arabian authorities are 
First Amended Third Party Complaint

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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 Saudia 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)

38. The allegations set forth in paragraphs 1-37 above are incorporated 

by reference as though fully set forth herein.

39. Saudia engages in unfair practices and unfair methods of 

competition by offering tickets for sale in the United States without 

informing the public of the prohibitions imposed upon dual U.S. - Israeli 

citizens, as well as upon Jewish passengers. Saudia has a duty to 

prominently display on its U.S. website and in its marketing materials 

that certain restrictions apply to dual U.S. and Israeli citizens. Saudia also 

has an obligation to inform the public of prohibitions against bringing on 

the aircraft any non-Islamic religious articles. Saudia further has an 

obligation under 49 U.S.C. § 41712(a) to inform third party ticket agents 

such as Expedia of these restrictions, who in turn are obligated to furnish 

such information to persons buying tickets through them. 

40. The failure of Saudia to provide such information could endanger 
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the personal security of dual U.S. and Israeli citizens or Jewish 

passengers if they were to fly without notice of the applicable 

restrictions. The failure of Saudia to provide such information also 

deprives all other prospective passengers of the right to decide whether 

they wish to fly on Saudia or to transit through Saudi Arabia in light of 

the restrictions imposed upon dual U.S. - Israeli citizens and Jewish 

passengers. 

41. 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)

42. The allegations set forth in paragraphs 1-41 above are incorporated 

by reference as though fully set forth herein.

43. The provisions of 49 U.S.C. § 40127(a) prohibit discrimination on 

the basis of race, ancestry, religion, and national origin. Saudia’s

prohibition against taking Tefillin aboard the aircraft and the laying of 

Tefillin on one’s arm and forehead violate this provision. 

44. 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, 
First Amended Third Party Complaint

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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 nationalorigin discrimination.” Id. at 92.

45. 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. 

46. 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 

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

 

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

the Israeli Ministry of Foreign Affairs, www.mfa.gov.il.

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

are described in the Israeli Foreign Ministry website at 
First Amended Third Party Complaint

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47. 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

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

by reference as though fully set forth herein.

49. Saudia 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 Saudia 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 antiboycott provisions of the Export Administration Regulations (EAR), 15 

C.F.R. Part 760.

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

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

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)

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

sraeli%20nationality.aspx
First Amended Third Party Complaint

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

by reference as though fully set forth herein.

52. The actions alleged herein constitute “unreasonable 

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

Embassy of Saudi Arabia to transit through Saudi Arabia. There is no 

reasonable basis to treat complainant differently than any other U.S. 

citizen. 

53. 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. 

54. 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 

boycott of Israel be immediately terminated).

55. The actions alleged herein further constitute unreasonable 

discrimination because they subject Jewish passengers to different 

treatment than Muslim passengers with respect to bringing religious 
First Amended Third Party Complaint

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articles aboard the aircraft. 

COUNT VI – VIOLATION OF FIRST AND FIFTH AMENDMENT 

RIGHTS

56. The allegations set forth in paragraphs 1-55 above are incorporated 

by reference as though fully set forth herein.

57. Dual U.S. - Israeli citizens have the same right as other U.S. 

citizens to use the services of Saudia and to transit through Saudi Arabian 

airports. These services were financed in part by the U.S. government 

through Export-Import Bank financing of Saudia. Jewish passengers also 

have the same right as other passengers to take religious articles aboard 

the aircraft and to perform the rituals required by their faith.

58. Any order issued by the Secretary of Transportation that 

effectively authorizes discrimination on the basis of religion or dual U.S.

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 Saudia to provide fair warning of any restrictions imposed upon 

dual U.S. and Israeli citizens, or upon persons who are not Muslim. This