### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
) 

### Application of ) ) 

### PRIVAJET LTD ) Docket OST-2011- ) 

### for an exemption pursuant to 49 U.S.C. § 40109 ) and a foreign air carrierpermitpursuant to ) 49 U.S.C. § 41301 (E.U.

- U.S.) and pursuant to ) the Department's "streamlining" procedures ) announced in the August 23,2005 Notice in ) Docket OST-2005-22228 ) )



### APPLICATION OF PRIVAJET LTD FORAN EXEMPTION AND FOREIGN AIR CARRIERPERMIT
Communications with respect to this document should be sent to:

March 28, 20II Joanne W. Young David M. Kirstein 

### Kirstein & 

### Young, PLLC 1750 K Street, N.W. Suite 200 Washington, D.C. 20006 (202) 331-3348 (202) 331-3933 Attorneys for 

### PRIVAJETLTD

NOTICE: ANY PERSON MAY FILE AN ANSWER TO THIS APPLICATION. ANSWERS MUST BE FILED IN THIS DOCKET, AND SERVED UPON THE PARTIES LISTED ABOVE, ON ORBEFORE APRIL 12,2011.

### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) 

### Application of ) ) 

### PRIVAJET LTD ) Docket OST-2011- ) 

### for an exemption pursuant to 49 U.S.c. § 

### 40109 ) and a foreign air carrier permit pursuant to ) 49 U.S.c. § 

### 41301 (E.U.

- U.S.) and pursuant to ) the Department's "streamlining" procedures ) announced in the August 23,2005 Notice in ) Docket OST-2005-22228 )

## ------------------------------~) APPLICATION OF PRIVAJET LTD FORAN EXEMPTION AND FOREIGN AIR CARRIER PERMIT


### PrivaJet Ltd ("PrivaJet"), an air carrier ofMalta, hereby applies, pursuant to 49 U.S.C. §§ 

### 41301 and 41302, and Parts 211 and 302 ofthe Department's Regulations (14 C.F.R. Parts 211 and 302), for an exemption and permit authority permitting PrivaJet to conduct charter foreign air transportation ofpersons, property, and mail to the full extent authorized by the Air Transport Agreement Between the United States and the European Community and the Member States of the European Community ("U.S.-E.u. Agreement"). PrivaJet requests authority to the extent necessary for it to engage in:

1. Charter foreign air transportation of persons, property, and mail between any point or points behind any Member State of the European Union via any point or points in anyApplication ofPrivaJet Airlines Foreign Air Carrier Pennit and Exemption Page 2


### Member State and via intermediate points to any point or point in the United States or beyond; 2. Charter foreign air transportation of persons, property, and mail between any point or points in the United States and any point or points in any Member of the European Common Aviation Area; 3. Other charters pursuant to the prior approval requirements set forth in Part 212 of the Department's Economic Regulations; and 4. Transportation authorized by any additional route rights that may be made available to European Union carriers in the future.

PrivaJet also requests an exemption pursuant to 49 U.S.c. § 40109 to the extent necessary to enable it to provide the service described above pending issuance of PrivaJet's foreign air carrier permit and such other relief as the Department may deem necessary or appropriate. PrivaJet requests that the Department process this application pursuant to the streamlined regulatory procedures for licensing U.S. and foreign air carriers as set forth in the Department's August 23,2005 Notice (Docket OST-2005-22228). In support ofthis application, PrivaJet states as follows: 1. The applicant's full name and mailing address is PrivaJet Ltd, Suite 3, Level 5, Portomaso Tower, St. Julians STJ 4011, MALTA. Tel: +3562778 0202, Fax: +3562778 0203. PrivaJet Ltd is a limited liability company organized on May 12, 2009 under Section 77 of Malta's Companies Act of 1995. PrivaJet's "Certificate of Registration" is attached as Exhibit A.Application ofPrivaJet Airlines Foreign Air Carrier Permit and Exemption Page 3


### 2. Homeland Government Authority: The government air transport agency with regulatory authority in Malta is the Transport Malta Civil Aviation Directorate (TM.CAD). Its official address is Luqa Airport, Luqa CMR02, MALTA, Tel: +35621222936, Fax: +356 2123 9278. 

### 3. Authority Requested: PrivaJet requests authority to provide charter foreign air transportation of persons, property, and mail to the full extent permitted by the U.S.-E.D. Agreement. PrivaJet plans on supplying private, nonstop charter service primarily to government officials and dignitaries on Boeing 737 business jets or similar aircraft. Due to the on-demand nature of its charter operations, PrivaJet cannot specify the particular points in the United States to be served or the frequency of service, but foresees primarily serving Los Angeles, CA (LAX) and White Plains, NY (HPN) with a stop at Bangor, Maine for international processing. At the beginning ofoperations, PrivaJet foresees averaging one charter flight to the United States every two weeks. 4. Management: the names, addresses, and citizenship of PrivaJet directors and officers are attached as Exhibit B. PrivaJet officers and key personnel are a mix ofFrench and Maltese citizens. There are no blood relationships between any ofthe officers orkey personnel. 5. PrivaJet is a privately owned limited liability company. Substantial ownership and effective control ofPrivaJet is vested in citizens ofmember states ofthe European Union. Specifically, one hundred percent of PrivaJet's shares are owned by PrivaJet Holdings Ltd. PrivaJet Holdings Ltd is, in tum, owned 35.1% by Antoine Hayem (French), 15% by JeanChristophe Touret (French), and 49.9% by APV Limited, a subsidiary of Channel Trustee Limited incorporated in the Bahamas. Channel Trustee Limited is owned 100% by Alastair Tulloch (British). No PrivaJet shareholders, officers, directors or managers hold any interest inApplication ofPrivaJet Airlines Foreign Air Carrier Pennit and Exemption Page 4


### any U.S. air carrier, any other foreign air carrier, any other entity engaged in the business of aeronautics, or any common carrier or any entity whose principal business is the holding ofstock in, or control of, any other air carrier. 6. Neither the Maltese government nor any other foreign government has any ownership rights in PrivaJet, nor any responsibility for managerial decisions. PrivaJet does not hold any interest in a U.S. or foreign air carrier, nor does it have any agreements or cooperative working arrangements with any U.S. or foreign air carriers affecting the proposed services to the United States.
7. Insurance: PrivaJet's insurance coverage exceeds the liability limits and requirements for air carriers set forth in 14 C.F.R., Part 205. A copy ofPrivaJet's certificate of insurance is attached as Exhibit C. The name ofits insurance carrier is stated on the certificate. 8. Operating Authority: PrivaJet received authorization from the TM.CAD to operate commercial air transportation ofpassengers and cargo on April 29, 2010. Copies of PrivaJet's Air Operator Certificate and Operations Specifications are attached as Exhibit D. 9. Operating History: PrivaJet offers Presidential Delegations and other high profile clients a luxury, E.U.-based charter carrier that meets their particularneeds. PrivaJet was founded in 2009 by experienced corporate pilots who flew with the same plane and crew currently used by PrivaJet as part ofGlobal Jet Luxembourg from 2005 to 2009. PrivaJet plans to soon expand its operations by adding a Stage 3 Airbus 319 businessjet. 10. PrivaJet does not own any aircraft. PrivaJet's Boeing 737 is leased from Elora Air Investment, a Luxembourg company, and PrivaJet's soon to be acquired Airbus 319 will be leased from Airbus 2009 Limited, a Bermuda company. Both aircraft are used exclusively byApplication ofPrivaJet Airlines Foreign Air Carrier Pennit and Exemption Page 5


### PrivaJet and neither is, or will be wet-leased. The equipment PrivaJet intends to use in its operations will be operated by PrivaJet according to the JAR-OPS 1, EASA, and TM.CAD regulations. A detailed list ofPrivaJet aircraft and the names and addresses ofthe aircraft lessor is attached at Exhibit E. 11. Maintenance: PrivaJet has signed maintenance contracts with the following maintenance centers;
a. Jet Aviation Basel, Basel, Switzerland b. Jet Aviation Geneva, Meyrin, Switzerland
c. Amac Aerospace, Basel, Switzerland PrivaJet's maintenance program is approved by the European Economic Community (EEC) and Boeing, the aircraft manufacturer. The maintenance centers are approved by the FAA and JAA. PrivaJet's maintenance program complies with the provisions ofICAO Pilots and Airmen Annexes 1,6 (Part I) and 7. Malta is a contracting state to the Convention on International Civil Aviation. 12. Financial Summary: Financial data summaries [Confidential Treatment Requested Under §302.12], 

### setting forth in U.S. dollars PrivaJet's financial statements are attached as Exhibit F. Elizabeth Meilak, ofObo Victor Schranz & 

### Associates, certifiedpublic accountants, certifies the accuracy ofthese statements. 13. Financial Assistance from Homeland Government: PrivaJet has not received, nor does it expect to receive, any financial assistance from the Maltese Government. 14. Traffic and financial results: A statement concerning the estimated traffic and financial results ofPrivaJet's first year ofoperations [Confidential Treatment Requested Under §302.12] 

### is attached as Exhibit G.Application ofPrivaJet Airlines Foreign Air Carrier Permit and Exemption Page 6
15. Traffic violations/accidents: PrivaJet has neverbeen involved in any safety or traffic violations or any fatal accident. 16. Waiver ofWarsaw Convention Liability Limits: An executed copy ofOST Form 4523 will be filed in Docket OST-1995-236. A copy is attached as Exhibit H. 17. Aviation Disaster Family Assistance Act: PrivaJet has adopted a plan to comply with the Aviation Disaster Family Assistance Act, which is attached as Exhibit 1. A copy ofthis plan will be filed with the Department and the National Transportation Safety Board. 18. PassengerManifest: PrivaJet has adopted a plan to comply with Part 243 ofthe Department's Economic Regulations and is concurrently filing this plan in Docket OST-1998- 3305. A copy ofthis plan is attached as Exhibit J. 19. Fuel Consumption: The operations proposed by PrivaJet will not significantly affect the environment and do not require the preparation ofan environmental impact statement. PrivaJet's operations to the United States will involve annual fuel consumption ofless than ten million gallons. Accordingly, grant ofPrivaJet's application will not be a "majorregulatory action" under the Energy Policy and ConservationAct of 1975, as defined in 14 C.F.R. § 313.4(a)(1). 20. PrivaJetrequests that its foreign air carrierpermit remain in effect for an indefinite period, and is willing to accept all reasonable terms, conditions and limitations normally attached to such foreign air carrierpermits. 21. PrivaJet will abide by all applicable rules and regulations issued by the Department ofTransportation. 22. PrivaJet is prepared to supply such additional information or clarifications in connection with its application as the Department may require.Application ofPrivaJet Airlines Foreign Air Carrier Permit and Exemption Page 7
23. Verification: the verification required by 14 C.F.R. § 302.4(b) is attached hereto
as Exhibit K.

As shown by the infonnationprovidedherein, PrivaJet is operationally and financially fit to conduct its proposed operations; and the existence ofthe U.S.-E.u. Open Skies agreement provides a basis for the Department to find grant ofPrivaJet's application to be in the public interest. WHEREFORE, for the foregoing reasons PrivaJet, Ltd. respectfully requests that the Department issue it an exemption and foreign air carrier pennit, and such otherreliefas the Department may deem necessary or appropriate, as more fully described above.

March 28, 2011 Respectfully Submitted,



# ..

# ~n--N;J! / ( Joanne W. Young David M. Kirstein Kirstein 

### & Young, PLLC 1750 K Street, N.W. Suite 200 Washington, D.C. 20006 (202) 331-3348 (202) 331-3933 Attorneys for PRIV AJET LTD

### Certificate ofService I certifY that on this 28th day ofMarch, 2011, a copy ofthe foregoing Application ofPrivaJet Ltd for a Foreign Air Carrier Permit and Exemption and Motion for Confidential treatment was served by email on the following:
carl.nelson@aa.com dan.weiss@coair.com jeffrey.manley@united.com jrichardson@joOOlrichardson.com sllunsford@fedex.com anbird@fedex.com dvaughan@kelleydrye.com msinick@ssd.com sascha.vanderbellen@delta.com sametta.c.barnett@delta.com jeff.morgan@delta.com slachter@lachter-clements.com pmurphy@lopmurphy.com john.palo@evergreenairlines.com charters@evergreenairlines.com mlbenge@zsrlaw.com Lhalloway@crowell.com benjamin
_slocum@usairways.com howard
_kass@usairways.com robert.land@jetblue.com efaberman@wileyrein.com joOO.allen@faa.gov byerlyjr@state.gov brian.hedberg@dot.gov george.wellington@dot.gov jhill@dlalaw.com**~"** 

### Exhibit A - PrivaJet Ltd Certificate ofRegistration


# COMPANIES ACT, 1995 MALT CERTIFIC TE OFREGISTRATIO

LThnTED LIABIUTY COMPANY (pURSUANT TO ECTION 77)

P

, RIVAJET LTD
arne ofQlmpany

'TheOrc
. bard' Lourdes Lye,St.JulJaD'., Malta Registered Office
C46796 Registration o. This is tocertifY duu the above-mentioned Qlmpany has bcco registered by the RegistraroCCompanies os 0 limited Lillbilily Companyon the llllt May, 2009 Date ofRegi tration

pR e gistraro/Companies

12"**~1ay** 09 Daled this
.......'
......_........ ch of
.............._........................ 20 .............•...

### Exhibit B - 

### Names, Addresses and Citizenship ofPrivaJet Officers and

ChiefExecutive Officer, Board Member Antoine Hayem 8 rue Alain Gerbault F34470 PEROLS

- FRANCE Tel: +33 684777 534, Fax: +356 2778 0203 Email: ahayem(alprivajct.com French Citizen Head Operations Official Nicolas Gallien 8 rue du Gaz F74100 AMBILLY

- FRANCE Tel: +33 689491 559 Fax: +356 2778 0203 French Citizen Head Maintenance Official Neville Caruana 'Adriel', Triq id-Dar Tal-Kleru Mriehel BKR 12

- MALTA Tel: +356 797 545 43 Fax: +35627780203 Maltese Citizen 

### Directors
Head Finance Official Caroline Labeille 1Avenue Lepic F34070 Montpellier FRANCE Tel: +356 797 545 43 French Citizen ChiefPilot, Board Member lean-Christophe Touret 2800 route de Saint Canadet F13100 Aix en Provence FRANCE Tel: +33 625 736 702 Fax: +356 2778 0203 French citizen ChiefInspector Christian Weber 2 Rue des Oiseaux F68520 Schweihouse FRANCE Tel: +33 608214323 French Citizen

### Exhibit C - Certificate ofInsurance

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### Exhibit D - Air Operator Certificate and Operations Specifications

AOC No. M-12 Expiry Date: 29 April 2011 AIR OPERATOR CERTIFICATE REPUBLIC OF MALTA TransportMalta Civil Aviation Directorate PRIVAJET L TO Suite 3, Level 5, Portomaso Tower, StJulians STJ 4011. MALTA Business Telephone: + 356 2n80202 Business Fax: + 356 2n80203 Email: info@privajet.com Operational Points of Contact Conta1:t details at which Operational Management can be contacted without undue delay 3fe listed in the Operations Specif£ations. This certificate certifies that the above named AOC holder has satisfied the operator certificatiOl') requirements prescribed In Annex III to Council Regulation (EEC) 3922191 as amended. regarding common technical requirements and administrative procedures applicable to commercial transportation by aeroplane (EU"()PS), has been found competent and is authorised to perform commercial air operations, as defined In the attached Operations Specifications, In accordance with the Operations ManUal. This certificate is in accordance with the provisions of EU"()PS Appendix 1to OPS 1.175.

Date of issue: 29April 2010 

# .

# ~9() Signature: '"
.....**~....** .. .............**~-'".** Name: AGA Title: AID/rector General for Civil Aviation

MALTA CAD AOC No. M·12 Page 1 of2TRANSPORT MALTA CMLAVIATION DIRECTORATE AIROPERATOR CERTIFICATE No. M-12 PrivajetLtd. Genera! Cogditions This certificate is granted subject to the following conditions: I. A person authorised by the Director General for Civil Aviation shall have access to any premises in the occupation or control of the holder of this certificate for the purpose of examining the premises and any document. equipment, tools, material or other things of whatsoever nature, relating to the operation ofaircraft thereunder kept or used or intended to be used in cOMection with the operation ofthe aircraft. 2. A person authorised by the Director General for Civil Aviation shall be pennitted at any time to board and fly in any aircraft operated under this certificate, and to enter and remain on the flight deck; provided that the Commander ofthe aircraft may refuse access to the flight deck if, in his opinion, the safety ofthe aircraft. would thereby be endangered. 3. A person authorised by the Director General for Civil Aviation shall be permitted to board and fly in any aircraft in which any person is given a periodical test by or on behalfofthe holder ofthbcertificate. 4. The holder of this certificate shall furnish to the Director General for Civil Aviation for examination a copy ofevery operations manual, maintenance management exposition and of all other written instructions in force concerning the operation of the aircraft under Ihis certification and submit any changes for examination. S. Every flight under this certificate shall be conducted in accordance with the provisions ofthe Company Operations Manual and instructions. 6. The Operator shall, within a reasonable time after being requested to do so by a person appointed by the Director General for Civil Aviation, produce any document required to be stored in accordance with Appendix I to OPS 1.1065 and shall permit an authorised person to inspect and copy any such document. 7. The holder oftbis certificate shall give to the Director General for Civil Aviation not less than 10 days' notice in writing ofany intended change in the nominated post holders or In their duties. 8. TIle holder orthis certificate shall give to the Director General for Civil Aviation immediate notice, in writing. if the Company goes into liquidation, or is placed into receivership or administration.

# ~;~u~~......

# ~~0.~

# .... Name:**A.'GA~/** Title: AlDIRECTOR GENERAL FOR CIVIL AVIATION AOC Issue No. I Date: 29'" April 20I0

CADAOCNo.M-12 Page 20f2

### OPERATIONS SPECIFICATIONS TRANSPORT MALTA CIVIL AVIATION DIRECTORATE AIR OPERATOR CERTIFICATE No. M-12

A) Types ofOperatiom

B) Types ofAircraft C) AWlS ufOperatloll

D) Spcdal Umltations PRIV AJET LTD
Commercial Air Transportation AI

- Passengers A2-Cargo
8737·700 (At, A2)
All ICAO AirNavigation Regions: Between Latitude 80 degrees North and 60 degrees South
No Special Limitations E} Suedal Authorisa.lomlAporovals E5

- Take-offOperations 125 mtrs RVR B737·7oo E6

- MNPS Operations B737-700 E7

- EIOPSOperations B737-700/CFM 56-7B27 400 NMlI20 MINS ES- 8-RNAV P-RNAV A319,A320 E9- RVSM 8737·700 EIO-RNP 1,5,10 8737·700
lS;9uedby: 

# qC}--**~::~rc. A'aX~"""""""**  TItle: AJDlRECTOR GENERAL FOR CIVIL AVIATION Ops Spec Issue No. I Date: 17110 September 2010 ISSUING AUTHORITY CONTACT DETAIlS Tel: +35621222936 FIIlC: +356 21239278 EmlIlI: n
MALTA CAD AOC No: M·12 Cps Spees Page! of2

### OPERATIONS SPECIFICATIONS TRANSPORT MALTA CIVIL AVIATION DIRECTORATE AIR OPERATOR CERTIFICATENo. M-12 PRIV AJET LTD F) Ain;raft Registration Marks 8737-700 9H-BBJ G) ContinuedAI!JVorthlllMI

H) Accougtable Mananr& SlgplficantPostholders Continued Airworthiness Management Organisation Approval!Approval Certificate number: M-12, MT,MO.12
Accountable Manager. Mr A. Hayem Quality Manager: MrA. Agius Accident Prevention & Flight Safety Progrnmme Manager: Mr P. M. Henot Nominated Postholden: Flight Opecations: Capt 1. C. Touret Maintenance System; MrN. CartIllrul Crew Training: CaptJ. C. Tourel Ground Operations: MrN. Gallien I) Contact details atwhich Opuational Management can be contacted withoutundue delay:

Telephone: + 356 21780202 Fax: +356 21780203 Email: opS@privujet.eom

# a5Jc~· Is;sued by: /.. / ) SIgnature:
........ N 

## I**~.,**

## ...... Name:**AGA~':''''** Title: AlDlRECTOR GENERAL FOR CIVIL A VIATJON Cps Spec Issue No. I Date: I"f' September 2010
ISSUING AUTHORITYCONTACTDETAILS Tel: +3$6 21222936 "ale +35621239278 Email:' v

MALTA CAD AOCNo: M-12 Ops Specs Page 2 of2

### Exhibit E Description ofAircraft, Certificate ofRegistration, and Noise Certificate

Aircraft ManufacturerlModel Country of Registration No. Serial No. Lessor Registration Boeing B737-700 Malta 9H-BBJ 30791 Elora Air Investment 19 Rue Eugene Ruppert L-2453, LUXEMBOURG Airbus A319 

### N/A N/A N/A Airbus 2009 Limited Milner House (to be acquired) 18 Parliament St. Hamilton HM 12, BERMUDAUah')tl.nlity and Registration Mark 

### 9H-BBJ
TNime of Owner

-5 Address of Owner REPUBLIC OF MALTA 192 TRANSPORT MALTA CIVIL AVIATION DIRECTORATE
CERTIFICATE OF REGISTRATION OF AIRCRAFT

2 Manufacturer and Manufacturer's

DeSignation ofAircraft THE BOEING COMPANY 8737-700

PRIVAJET Ltd.(under lease agreement)

Level 5 Suite 3 POtlomaso Business Tower SI Juhans, STJ 4011 MALTA 3. Aircraft Serial Number

30791

It IS hereby certifiied that the above described aircraft has been duly entered on the register of the Republic of MALTA ,n accordance with the Convention on Intemallonaf CIVil AViation dated 7th December. t944, and with the A" NaVigation Order, 1990.

Date of issue' ;,'r-bTre:ctorGeneratiOrC,."iIAvlailOrl
. >. by aulhonly of the Minister

>.;n p- HI'\' J:"I0'f'S(.H**~Il** wtv.;s. MttI3 aft 3-ttCftJft is (etjish}t'oo rn:«yat may not bo ib**l~** ownt." PtQ!p{l"Cti1f9**t:.Hlt(h3%·t~** atct warMd.**n""dor~,** Ihot tilts CertillC8tl> of ReqlStrmion Is not proofof leqaf ownersh!p. No onl,"'" I>f..ooarseM"nl$ may b<I m_ In thefO'Qgoing "",ttflute.'.,.,pt by the DlmelO' G.tneralfor Civil A.fallon authorise<l 1<)( "",! purpose by the Minister, 1**f,H~:j\t)** t orm CotH,IMPORTANT

;;"';(;011!! I to iii nelow should be completed '" the clrcumstance 10 wh.cl'\ they ilre appropnate ,)l1ct thiS u'll;f.uHe sncljkJ then De returned to the Directo( Geooral for Civil Aviation, I uqa Airport. Malt,. 'I Il1r' ell'r.(<1ft registered overleaf OeCOfn€S partly or wholly o\\lned bya P<1rSOO who h; no! 40;)1./1'1d to hold ,">1\ HI/evest by way of ownership 111 such aircraft or a share therein the registratIon aM cefitficate shall 1i0:c<'me 'lClld fFom the dale of the change and the aircraft may not again be flown ulliess and until a new (',,(hliea!e ot registration has been obt<l,nect Ar" application for rlHeglstrstion of the aircraft in**Ma~a** waH 00 made on C.A Form AppfV2010 copies of winCH may be obt31ned from the address Quoted aoove This. wrttftca/e must no! on any change of OW1HlfSh,p be handed to the new olM1er SECTION I**.~** NOTICE OF CHANGE**O~**Af.!'Y PARticULARS F'ORi'uSHED IN THE APp[!13ATION FOR REGISTRATtON, (S",(,> the AIr Navigation Order, 1990, Article 4(9)(3)). i h"":b¥ gill'" notICe thaI, with effect from the day of 20 the f,)IJowing partlcufars ongtrlally furnished inthe'ap'pjlcaiion"ieferr;ng to theaircrafi"re9lstered

### ovefiear 11:)\10**>:t~af!ged** as fu;(01NS:-

SEc'nON 1/ NOnCE THAT AIRCRAfT HAS SEEN DeSTROYED OR PERMAHENTLYWITHDRAWN FROM USE (See the Alr Navigation Order, 1900, Afiide 4(S){b). I r,erelJy gNe notICe that the regIstration of the aircraft described overleaf should be cancel'ed by reason 0',- + (3) tl,e aifCmft haVing been destroyed

... (bi the wn;;ralt having been permanently Withdrawn from use.

secTION III**~<-** NOTICE OF TERMINAnON OF A CHARTER UNDER A LEASE AGREEMENT ';':86 S,,:,<:h'ln 4(9)(c)) I h,.)' ,,1>1 fI:ve !l,,!Ice that \\illn effect from has cei'sed to be chartered under a tease agreement.'"**.~-,** lhe aircraft descttbed oV'1:'!eal**7~iBnatUie** required isthat ofthe perSQn(s) in whose /l/lTOO(S) the ;;lireral! il!\ regtstered, tt that person is' a bO(ly corporate the Signature shallbethat of the Managmg Director, Secretary or otr,er offici",! duly authorised to !\!gn under the seal ofthe Company,REPUBLIC OF MALTA TRANSPORT MALTA CIVIL AVIATION DIRECTORATE 

### NOISE CERTIFICATE Certificllte No: MT.N.240
marks' designation ofaircraft· 4. Registration -] 5. ManufllClurcrand**m,U1HtaclurC('~** -**-I--·6.·Air~raifS~~;;l(Nurnhl:r** The Boeing Company 

# I 9H-BBJ Boeing 737-7BC (IGW) 30791 t**-.~--.~**..**~-.** '--':-Enginc: -_ •.. ----**-~~'-1' ~---~** 

# ------.. !Crropcllcr,-

.**-~-~--'---** 

# I CPM 1."".Iio
.. , CFMS6-7B271B3

# ~ Nt.' 

# I 9. Mnx Ccrtlfied Take-OIl'

# Mas.~:

# -1-W.·M3XCertified

# Ci;;-Jj;;gMa:~s:

# 'I'" '-Il-:-No 7 is-e"'CC-cr""ti""fica---:llOn Standard;--'-' 77564 kg 60781 kg 1(',\0 Annex 16, Volume I. "art II, : Chapter3 , '12. Additional modifications inco;i>Of;tt.xiTor the'purpo;;o[compliancc Ivith

## tt~"le**noisCc;ljificati;;;;-:~anJards,** 

# -1 [ 

# --------[.-

13. lateralll'ull l'"wer 14. Approach Noise 

# I Noise Level: (EPNdH) lA1vel (EPNdB)



# I ".1
..., Remarks: Nil



### ._,HCny-;;ver'No'sc Level ([I'/IIdS) 85.6 None 18. This Noise Certificate is i,suw pursuant \(l Annex 16, Volume I\0th
.... Convention OI1lnlematkmal Civil Aviationdated December 7,1944 and Regulation (Be) No 1592/2002, Article 610 r"''Spect ofthe ahovemenlioncd aircraft, which is c<los/dercd to comply with the indicated noise standard**wh~n** maintained and oper;th:d in accordance with the relevant**rCQllin:m~nts** am! operating limiuuion. •.

19. Date ofIssue:- Signature:-

## ~---- 

# J/AiOirectnrGenerftl for Civil Aviation

### Exhibit F - Financial Statements [Confidential Treatment Requested Under §302.12]

### Exhibit G - Estimated Financial Results and Traffic for the FirstYear ofOperations [Confidential Treatment Requested Under §302.12]

### Exhibit H


### OST Form 4523

### u.s. Department ofTransportation Office ofthe Secretary ofTransportation 

### AGREEMENT Docket OST 95-236

The undersigned carriers (hereinafter referred to as "the Carriers") hereby agree as follows: 1. Each ofthe Carriers shall, effective May 16, 1966, include the follOwing in its conditions ofcarriage, including tariffs embodying conditions of carriage flied by it with any government 'The Carrier shall avail itself ofthe limitation of liability provided in the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw October 12th, 1929, or provided in the said Convention as amended by the Protocol signed at The Hague September 28th, 1955. However, in accordance with Article 22(1) ofsaid Convention, or said Convention as amended by said Protocol, the Carrier agrees that, as to all International transportation by the Carrier as defined in the said Convention or said Convention as amended by said Protocol, which, according to the contract ofCarriage, includes a point in the United States of America as a point of Origin, point of destination, or agreed stopping place (1) The limit of liability for each passenger for death, wounding, or other bodily injury shall be the sum of US $75,000 inclusive of legal fees and costs, except that, in case ofa claim brought in a State where proVision Is made for separate award of legal fees and costs, the limit shall be the sum of US $58,000 exclusive of legal fees and costs. (2) The Carrier shall not, with respect to any claim arising out ofthe death, wounding, or other bodily injury of a passenger, avail itselfof any defense underArticle 20(1) ofsaid Convention or said Convention as amended by said Protocol. Nothing herein shall be deemed to affect the rights and liabilities of the Carrier with regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a passenger." 2. Each Carrier shall, at the time ofdelivery ofthe ticket, furnish to each passengerwhose transportation is govemed by the Convention, or the Convention as amended by the Hague Protocol, and by the special contract described In paragraph 1, the following notice, which shall be printed in type at least as large as 10 pOint modem type and in ink contrasting with the stock on (i) each ticket; (ii) a piece of paper either placed in the ticket envelope with the ticket or attached to the ticket; or (ill) on the ticket envelope: 'ADVICE TO INTERNATIONAL PASSENGER ON LIMITATION OF LIABILITY Passengers on ajoumey involving an ultimate destination or a stop in a countryotherthan the country oforigin are advised that the prOvisions of a treaty known as the Warsaw Convention may be applicable to the entire journey, including any portion entirely within the country of origin or destination. For such passengers on ajourney to, from, or with an agreed stopping place in the United States ofAmerica, the Convention and special contracts ofcarriage embodied in applicable tariffs provide that the liability of [certain ]* [(name of carrier) and certain other] carriers parties to such special contracts for death ofor personal injury to passengers is limited in most cases to proven damages not to exceed US $75,000 per passenger, and that this liability up to such limit shall not depend on negligence on the part ofthe carrier. For such passengers traveling by a carrier not a party to such special contracts or on ajourney not to, from, or having an agreed stopping place in the United States ofAmerica, liability ofthe carrier for death or personal injury to passengers is limited in most cases to approximately US $10,000 or US $20,000. The names ofCarriers parties to such special contracts are available at aI/ ticket offices of such carriers and may be examined on request. Additional protection can usually be obtained by purchasing Insurance from a private company. Such Insurance is not affected by any limitation ofthe carrier's liability underthe Warsaw Convention or such special contracts ofcarriage. For further information please consult yourairline or Insurance company representative." 3. [This Agreement was filed with the Civil Aeronautics Board ofthe United States. The Board approved It by Order E-23680, adopted May 13, 1966. The Agreement (Agreement 18900) became effective May 16, 1966. On January 1, 1985, this Agreement became the responsibility ofthe Department ofTransportation (DOT) by operation of law.] 4. This Agreement may be signed in any number of counterparts, all ofwhich shall constitute one become a party to this Agreement by signing a counterpart hereof and depositing itwith DOT. 5. Any Carrier party hereto may withdraw from this Agreement by giving twelve (12) months' w . and the other Carriers parties to the Agreement. -EIther alternative may be used. (SIgnature and Date)**--------;+-M~::..-.----"'+~f_1-+--** (Printed Name and TItle) _An_t_o_i_n_e_-=-..-;._-t
_________ _ (Name and Address ofCarrier) _pr_i_v_a_J_e_t_L_t_d
__ -t
_________ _ 08T Form4523 (Formerly CAB Form 263) Suite 3, Level 5 Portomaso**~ower** St. Juliana STJ-4011 MALTA

### Exhibit I PrivaJetFamily Assistance Plan

## PrivaJet Ltd Aviation Family Assistance Plan March 2011

The plan is being submitted pursuant to the requirements ofthe Foreign Carrier Family Support Act of 1997, as amended by the Wendell H. Ford Aviation Investment and Reform Act of 1997 and Vision 100

- Century ofAviation Reauthorization Act. PrivaJet's 24-hour operations number has been provided to the NTSB under separate cover and is not for public disclosure.

### TABLE OF CONTENTS

I. Overview 2. Pre-Response Planning 2.1. Committing Sufficient Resources 2.2. PrivaJet's Special Assistance Team 2.3. Training 2.4. Toll-Free Telephone Number 3. Passenger Reconciliation And Notification 3.1. Reconciliation 3.2. Notifying Passengers' Families 3.3. Equal Treatment ofPassengers 3.4. 3.5. 4. 5. 6. 6.1. 6.2. 7. 7.1. 8.
9. 10. Notification ofNTSB in Accordance With 49 C.F.R. § 830.5 Notification Concerning Liability for Man-Made Structures PassengerIdentification Family Access to the Accident Site Human Remains and Personal Effects Personal Effects Monuments Relationship With Designated Independent Organization Compensation ofDesignated Organization Provision ofSimultaneous Electronic Transmission ofNational Transportation Safety Board Hearing Filing Airline Plan with DOT and NTSB Consultation on Carrier Response Not Covered by Plan Page

I I I 2 2 2

3

3 

### 3 4 4 4 5 5 6 6 6
6 6

### 1. Overview PrivaJet Family Assistance Plan ("Plan") describes the methods by which PrivaJet, in cooperation with the National Transportation Safety Board, other governmental entities, the designated independent organization and third parties, will provide family assistance after an aviation accident involving a flight in foreign air transportation operated by PrivaJet has occurred within the United States. The purpose ofthe Plan is to ensure that PrivaJet's efforts are made in the best interests ofsurvivors and families and to respect the cultural and religious backgrounds ofsurvivors and families. PrivaJet provides family assistance without regard to an individual's status as a revenue customer, non-revenue customer, or crewrnember. As used in this plan, the terms "customer" and "passenger" both include employees ofPrivaJet aboard an aircraft and any other persons aboard a PrivaJet aircraft without regard to whether the person paid for the transportation. The Plan fulfills the requirements ofthe Foreign Air Carrier Family Support Act of 1997, as amended by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) and Vision 100

- Century ofAviation Reauthorization Act (Vision 100) codified at 49 U.S.c. § 41313. Certain specialized services that are required following an accident may be accomplished on behalfofPrivaJetby vendors having expertise in those areas. 

### 2. Pre-Response Planning 2.1. Committing Sufficient Resources PrivaJet will commit sufficient resources to carry out this Plan. PrivaJet will implement comprehensive emergency response and family assistance programs that utilize a broad spectrum ofhuman and technological resources in the event ofan accident. During such crises, specially trained employees throughout the organization will work around the clock on issues including family assistance, accident investigation, media relations, and liaison with government agencies and support organizations. PrivaJet will establish a cooperative working relationship with the external organizations involved in a crisis and has designed its emergency response structure specifically to allow separate management ofthe crisis while continuing the safe operation ofthe airline. 

### 2.2. PrivaJet's Emergency Committee The Emergency Committee ("EC"), headed by PrivaJet's CEO and staffed by organized and trained PrivaJet employees will be activated to enhance communicationbetween PrivaJet and the families affected by an accident and to respond to needs the families may have. 

### 2.3. Training Since the customers ofPrivaJet flights to and from the United States are primarily persons other than United States citizens, families will be directed to call our toll freenumber. PrivaJet will provide adequate training to its employees and agents to meet the needs ofsurvivors and family members following an accident. Periodic simulations of PrivaJet's comprehensive emergency response plan are made in conjunction with regular airport drills. 

### 2.4. Toll-Free Telephone number Onrequest, an NTSB-designated, independent non-profit organization will establish a toll-free telephone number onbehalfofPrivaJet within one (1) hour ofPrivaJet's head office receiving information indicating that an aircraft operatedby PrivaJet has been involved in an event and that there are serious injuries and/or fatalities. At the same time PrivaJet will publish the telephone number ifits own Passenger Inquiry Center, to cover all needs ofour customers. The toll-free number will be provided to the media, the police and fire department at the site ofthe accident as soon as it is established. Only information authorized for release will be provided. 

### 3. Passenger Reconciliation and Notification 3.1. Reconciliation In the case ofa PrivaJet flight accident within the United States, PrivaJet will

-- upon the request ofthe NTSB

-- provide the director offamily support services designated for the accident under 49 U.S.C. § I 136(a)(I) and/or the organization designated for the accident under 

### § I 136(a)(2) a list ofnames ofpassengers aboard the aircraft. This list will be based on the airline's best available information at the time ofrequest. All passenger manifests shall be considered and marked as "preliminary and unconfirmed." However, the passenger manifest will be updated periodically. Ifforeign nationals are verified to be on board, PrivaJet will transmit a list oftheir names to the United States Department ofState. 

### 3.2. Notifying Passengers' Families Specially trained personnel, designated by the EC, will notify the family ofeach passenger as soon as it appears that the individual was onboard. This notification will be provided in person to the extent practicable and as soon as possible after the identity of the passengerhas been verified. We will not wait for all the names ofpassengers to be verified before releasing the names ofknown passengers. This will enable a quick flow ofinformation at both the place ofdeparture and arrival, and will continue 24 hours per day. Identifying and contacting some passengers' next-of-kin may be delayed, depending on the amount and accuracy ofinformation available. PrivaJet will not release a passenger's name publicly or to individual callers until after the next-of-kin has been notified. Ifthe next-of-kin requests that the passenger's name not be made public, PrivaJet will convey that information to the NTSB in an effort to do everything possible to honor the request.3.3. Equal Treatment OfPassengers. 

### The treatment ofthe families ofnon-revenue passengers will be the same as the treatment offamilies ofrevenue passengers. 3.4. Notification ofNTSB In Accordance With 49 C.F.R. § 830.5 

### Upon learning ofan aircraft accident, PrivaJet will immediately notify the nearest NTSB field office and provide the following information, ifavailable: l) Type, nationality, and registration marks ofthe aircraft; 2) Name ofthe owner and operator ofthe aircraft; 3) Name ofthe pilot-in-command; 4) Date and time ofthe accident; 5) Last point ofdeparture and point ofintended landing ofthe aircraft; 6) Position ofthe aircraft with reference to some easily dermed geographical point; 7) Number ofpersons aboard, number killed, and number seriously injured; 8) Nature ofthe accident, the weather over the accident site, and the extent of damage to the aircraft so far as is known; and 9) A description ofany explosives, radioactive materials, or other dangerous articles carried onthe flight. 3.5. Notification Concerning Liability For Man-Made Structures 

### In the case ofan accident that results in significant damage to a man-made structure or other property that is not government-owned, PrivaJet will promptly provide written notice, to the extent practicable, directly to the owner ofthe structure or other property advising the owner: 1) to contact the insurer ofthe property as the authoritative source for information about coverage and compensation; 2) to not rely on unofficial information offered by PrivaJet's representatives about compensation by PrivaJet for accident-site property damage; and 3) to obtain photographic or other detailed evidence ofproperty damage as soon as possible after the accident, consistent with restrictions on access to the accident site. 4. Passenger Identification 

### The medical examiner or coroner is responsible for the positive identification offatalities and will provide official notification ofdeath to the family. 

### In cases where local capacity is exceeded, this task may be supplemented by members ofthe disaster mortuary team.

### For injured passengers, the hospital is responsible for periodic status updates and either the hospital or PrivaJet will continue to advise the families. 

### 5. Family Access To The Accident Site PrivaJet will assist a passenger's family in traveling to the location ofthe accident ifthey so desire. Once at the location, specific PrivaJet Air personnel assisted by a third party will be assigned and dedicated to the families to provide for their physical care, e.g., by coordinating accommodations, ground transportation, communication, the purchase of personal incidentals, and visiting survivors in the hospitals. PrivaJet will make provisions for ajoint family support operations center to include space, communications, and logistical support for federal investigators and the designated organization's staff. PrivaJet will endeavor to secure a suitable facility to protect families from intrusions by the media and by unwelcome solicitors. The National Transportation Safety Board has accident-sitejurisdiction. NTSB may limit access to the site for reasons ofterrain, biohazard and/or hazardous materials, security measures, or other unforeseen conditions. Within these site security limitations, PrivaJet will respond to victim-family requests for visits to the accident scene. PrivaJet representatives will continue to assist family members as they depart the accident location and will maintain contact with the family until it is no longer necessary. 

### 6. Human Remains And PersonalEffects The medical examiner or coroner is responsible for the disposition ofidentifiable and unidentifiable human remains. The NTSB may activate disaster mortuary teams to assist with this process. PrivaJet will comply with decisions made by the responsible authorities and help to ensure that the families are advised as to the plans for disposition. We will honor the next-of-kin's wishes regarding arrangements for remains identified as those ofthe passenger. 

### 6.1. Personal Effects Authorities should return identifiable personal effects to the passenger's family rather than entrusting them to PrivaJet. Local authorities should determine disposition of unidentifiable personal effects. Ifpersonal effects come into the airline's control, unless the effects are needed for investigation ofthe accident or for a criminal investigation, PrivaJet or its designee will consult with each family about the disposition ofthe items. PrivaJet or its designee will describe to the next-of- kin the condition ofeach such possession and follow the next-ofkin's direction as to the return or other disposition ofsuch items regardless oftheir condition. PrivaJet will designate an experienced subcontractor who will commit

### sufficient resources to provide services, including, but not limited to, recovery, cleaning, and restoration ofpersonal effects, liaison with relatives, eventual repatriation, and final disposition ofremains. After returning all possessions that canbe associated with specific passengers, PrivaJet Air will retain any unclaimed possessions within its control for no less than 18 months. 

### 6.2. Monuments Ifthe families express a desire for a monument at the accident site, PrivaJet will consult each ofthem about its construction, including any inscription on the monument. All comments and concerns from families (along with the statutory and/or regulatory requirements or considerations ofthe place ofconstruction) will be given careful consideration. Each family will be given a choice ofincluding ornot including the passenger's name should the agreed design contain victims' names in an inscription. Ifit is impossible to obtain a unanimous agreement from the families, PrivaJet may implement a plan agreeable to the majority ofthe families. The closest family members will be given an opportunity to visit the monument when construction is complete. 

### 7. Relationship With Designated Independent Organization PrivaJet will establish a liaison with the independent, non-profit organization that the NTSB designates under 49 U.S.C. § 1136(a)(2) in order to work together on an ongoing basis. The goals will be to ensure that mental health and counseling services, as well as any other appropriate services, are provided to families following an accident. 

### 7.1. Compensation OfDesignated Organization A procedure will be developed to pay reasonable compensation for services provided to the independent, non-profit organization that the NTSB designates under49 U.S.c. 

### § 1136(a)(2). PrivaJet will request a plan oftasks and anticipated expenses prior to the designated organization's full deployment, a consultation about costs as they are incurred, and an itemized list ofservices rendered and expenses to accompany the organization's invoice. 

### 8. Provision OfSimultaneous Electronic Transmission ofNational Transportation Safety Board Hearing In the case ofan accident in which the NTSB conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, PrivaJet will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin and destination ofthe flight, provided that city is located in the United States.

### 9. Filing Airline Plan With DOT And NTSB PrivaJet has filed this Plan as required by the Foreign Air Carrier Family Support Act of 1997, as amended by AIR-21 and Vision 100. 

### In addition, PrivaJet has submitted to the National Transportation Safety Board contact telephone numbers at its operational center that canbe used by the NTSB 24 hours per day, seven days per week. 

### 10. Consultation On Carrier Response Not Covered By Plan 

### In the event PrivaJet volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving a major loss oflife, PrivaJet will consult with the NTSB and the U.S. Department ofState, on the provision ofthe assistance.

(k) PrivaJet

- PrivaJet Family Assistance Plan

### ExhibitJ 

### Passenger Manifest Information Plan

### PrivaJet Ltd Passenger Manifest Information Plan 

### In compliance with the U.S. Department ofTransportation regulations 14 C.F.R. Part 243, PrivaJet Ltd ("PrivaJet") hereby submits this statement summarizing how it will collect and transmit U.S. passenger manifest information. PrivaJet will apply the following procedures to all flights operated by PrivaJet to, from and/or via a point in the United States: 1. Collect the full name (first name, middle name or initial, and last name) ofeach passenger who is a U.S. citizen. U.S. Passengers who elect not to provide this information shall be denied boarding. 2. Solicit a name and telephone number ofan emergency contact person to be notified in the event ofan aviation disaster from each passenger who is a U.S. citizen. 3. Full names ofU.S passengers will be collected and emergency contact information will be solicited from each U.S. passenger through a specific form, attached as Annex A. 4. Maintain a full record ofthe information collecteduntil all passengers have disembarked. 5. The contact information collected shall be kept confidential and released only to the U.S. Department ofState, the National Transportation Safety Board, upon request, and the U.S. Department ofTransportation, pursuant to DOT's oversight requirements under 14 C.F.R. §243.17. 6. The contact information collected pursuant to Part 243 shall only be used for notification offamily members or listed contacts following an aviation disaster. The information shall not be used by PrivaJet for commercial ormarketing purposes. 7. In the event ofan aviation disaster, PrivaJet will immediately notify the Managing Director ofOverseas Citizen Services, Bureau ofConsular Affairs, U.S. Department ofState, and transmit the collected manifest information via facsimile oremail to that office within 3 hours, and to NTSB (ifso requested) and DOT (ifso requested). The following person is available at any time the carrier is operating a flight to or from the U.S. and can be consulted concerning this information: Name: Telephone: Mobile: Fax: Email:AnnexA



## u.s. CITIZEN PASSENGER INFORMATION FORM Pursuant to U.S. Department 

### ofTransportation regulation 14 C.F.R. Part 243, U.S. citizens must complete the following form before boarding the flight.
Flight 

### Number:
________ _ Date:
__________ _ Name:



## --------------------------------- First Middle Last 

### Emergency Contact Person not on this flight with you (optional):
Name:



## --------------------------------- Tel. 

### No.:
________ _

Note: The contact information collected shall be kept confidential and released only to the U.S. Department ofState, the National Transportation Safety Board, and the U.S. Department of Transportation pursuant to its oversight ofpart 243. 

### Note: The contact information collected shall only be used for notification offamily members or listed contacts following an aviation disaster. The information shall not be used by PrivaJet for commercial ormarketing purposes.

### Exhibit K Statement ofVerification

### Certificate ofVerification


### Pursuantto Title 18 United States Code Section 1001, I, Antoine Hayem, 

## iIi my individual capacity and as the authorized representative ofthe pleader, have not in any manner knowingly and willfully falsified, concealed orfailed to disclose any material fact ormade any false, fictitious, or fraudulent statement or knowingly used any documents which contain such statements in connection with the preparation, filing orprosecution ofthe pleading. I understand that an individual who is found to have violated the provisions of 18 U.S.C. section 1001 shall be fined oriInprisoned not more than five years, orbo
Signature


### Name: Title: Antoine Hayem General Director PrivaJetLtd Suite 3, LevelS Portomaso Tower St. Julians STJ 4011 MALTA