Holland & Knight WILMERHALE 

2099 Pennsylvania Avenue, NW 1875 Pennsylvania Ave., NW 

Suite 100 Washington, DC 20006 

Washington, DC 20006 

December 3, 2009 

C ^ 

Kathleen Blank Riether 

Senior Attorney 

U.S. Department of Transportation fj 

OST, Office of the General Counsel 

Aviation Enforcement and Proceedings - C-70 

1200 New Jersey Ave, S.E., W96-409 

Washington, D.C. 20590 

Re: Requests of Emirates and Etihad for Conflict-of-Law Waiver 

Concerning Provisions in 14 C.F.R. Part 382 

Dear Ms. Blank Riether: 

This letter responds to your email to David Heffeman dated September 11, 2009 in which 

you posed a number of questions relating to the pending applications filed by Emirates and 

Etihad for a waiver of the Department's regulations governing nondiscrimination on the basis of 

disability in air travel (14 C.F.R. Part 382) to the extent that Emirates and Etihad otherwise 

would be required to transport service dogs other than seeing-eye dogs in the cabin of flights 

between the United States and the United Arab Emirates. This letter constitutes a joint response 

by Emirates and Etihad to those questions. 

1. The word "import" is used throughout the decree and seems to be used 

synonymously with the word "transport". The intended meaning of "import" is not clear. 

Article 2 states that pet animals (domesticated dogs and cats) shall not be imported for 

trade purposes except through the competent authorities approved by the Ministry of 

Agriculture and Fisheries, which seems to suggest that the decree is focusing primarily on 

the importation of pet animals as products for trade and the conditions under which they 

may be imported legally rather than as pet animals accompanying passengers. Are all pet 

dogs and cats, whether for trade purposes or not, intended to fall within the scope of the 

decree? 

All pet dogs and cats transported into the UAE fall within the scope of Ministerial Decree 

64. Thus, as a legal and practical matter, there is no material difference between "importation" 

and "transportation" for purposes of the application of UAE law, including Ministerial Decree 

64. The decree applies to the importation/transportation of any domesticated dog or cat into the 

UAE regardless of whether such importation/transportation is for trade or any other purpose 

{e.g., a pet or service animal). 
2. Article 5 states that "imported pet animals should be transported by air in 

accordance with the international terms and conditions of (lATA) by air cargo and not 

under baggage mode. Transportation should, by any means, ensure the safety and welfare 

of the animals ...." Unlike all the other provisions of the decree, the language in Article 5 is 

not mandatory (i.e., "should be transported by air in accordance with...") This language 

suggests that while pet animals should be transported by air cargo, other locations on the 

aircraft would be permissible so long as they ensure the animal's safety and welfare. Could 

you get clarification on this point? 

Notwithstanding the use of "should" in the unofficial English-translated text of 

Ministerial Decree 64 provided to the Department, Article 5 of the decree is—as a matter of 

UAE law—a legally-binding mandate that imposes on the carriers a nondiscretionary obligation 

to refi-ain from transporting a pet animal other than as air cargo. Thus, it is a requirement of 

UAE law that all pet animals (other than seeing-eye dogs) be transported into the UAE in the 

cargo hold, not as checked baggage and not in the passenger cabin. Attached is a copy of a letter 

dated May 14, 2005, issued by the Ministry of Agriculture and Fisheries, \yhich confirms that 

Ministerial Decree 64 makes it mandatory for airlines to transport pet animals in the cargo hold.-' 

3. Is the correct interpretation of Articles 3 and 6 that an import permit is required for 

all pet animals to legally enter the country unless the animal has obtained a health 

certificate issued by the exporting country and any instructions on the certificate were 

properly followed, in which case the import permit is not required? What does the import 

license say and how is one obtained? 

An import permit (issued by the Ministry of Environment and Water) is required for any 

pet animal to legally enter the UAE. In addition, in order to clear a pet through UAE Customs, the 

following documents must be presented: the pet's vaccination records and a health certificate 

issued by a veterinarian and endorsed by the relevant government ministry of the country of 

origin. Attached is a copy of Ministerial Resolution No. (348) of 2008 (issued by the Ministry of 

Environment and Water), which sets forth the health-related prerequisites for allowing a pet 

animal to enter the UAE.-' (Article 6 includes a limited exception to the import permit 

requirement whereby if the Ministry has issued a vaccination card for an animal that ordinarily 

resides in the UAE, that animal may be imported into the UAE without an import permit.) 

-' The exception regarding seeing-eye dogs was issued in written form to airline operators at Dubai 

International Airport, but Etihad Airways—which operates from Abu Dhabi International Airport—also complies, 

with the approval of the Ministry of Enviroimient and Water, with the exception for seeing eye dogs. 

^ The Fourth Annex of Ministerial Resolution No. (348) of 2008 lists certain pet animal species (breeds) 

whose importation into the UAE is prohibited. 

- 2 -
4. It is not clear why the Decree, which was issued by the Ministry of Agriculture and 

Fisheries, was modified by an exception issued by the Ministry of Environment and Water 

to Airline Operators at Dubai International Airport. What is the relationship of the 

former ministry to the latter? Which Ministr(ies) have jurisdiction over the Decree 64 and 

how are exceptions or amendments to Decree 64 obtained? 

Ministerial Decree 64 was issued by the Ministry of Agriculture and Fisheries in 

February 2005. In February 2006, as part of a broader restructxiring of the UAE's governmental 

ministries, the Ministry of Agriculture and Fisheries was disbanded and replaced by the Ministry 

of Environment and Water, which assumed regulatory authority with respect to the importation 

of pet animals into the UAE previously held by the Ministry of Agriculture and Fisheries. Thus, 

at this time, the Ministry of Environment and Water now has jurisdiction over Ministerial Decree 

64. In that capacity, in May 2006, the Ministry of Environment and Water issued the exception 

permitting the transportation of seeing-eye dogs as cabin baggage on flights into the UAE. 

5. The regulation does not seem to address the exportation of animals (except possibly 

Article 6 - the language is not clear). Is it correct that Decree 64 does not apply to animals 

departing (or being exported from) the country? 

Ministerial Decree 64 does not apply to animals departing or being exported from the 

UAE. UAE procedures for exporting pet animals from the UAE require that, prior to export, an 

animal be examined by a competent veterinarian with authority to issue a veterinary certificate 

on behalf of the UAE government. If the animal passes examination, its vaccination certificate is 

in order, and any requirements of the country of importation have been satisfied, the veterinarian 

will issue a UAE health certificate. The animal must be presented for examination by the 

Quarantine Office of the Ministry of Environment and Water at the cargo section of the airport 

from which the animal will depart the UAE. These requirements apply to all pets departing from 

the UAE by air, including service animals. 

Please let us know if you have any questions or require additional information. 

Sincerely, 

David Heffeman Anita M. Mosner 

Sophy Chen 

WilmerHale Holland & Knight LLP 

Attorneys for Emirates Attorneys for Etihad Airways 

Enclosures 

USlDOCS7371672vl 
LMTED ARAB EMIR.4TES 

Minitto' of Atricuitiirr dt FIshcriM 

i»yi4.J 

cuIJ^J *jjiij ^X/j^i t^X/j 

Dear-Sirs, 

Mioislcriml Decree No. 64 of 2005 concerning the import of 

pcf animala (cats & Dogs) into the UAE 

This Decree is now in force. 

The decree applies to pet animals, which are defined as dogs 

and cats, imported by the owner, commercial importation of pets 

is allowed trade only through the approved bodies for pets 

trading. 

The Decree requires that pet animals may only be imported if 

a UAE import pemiit has been issued. Import permits are issued 

by the E)epartment of Animal Wealth of the UAE Ministry of 

Agriculture and Fisheries. 

The pet animals which are normally resident in the UAE with 

there owners can return back to the country by another type of 

import permit called: (Entry card for return of pet animals which 

are nornially resident in the UAE) and this form will be done 

from the date Of the letter issuance. 

Full details of the entry card procedure and requirement will be 

obtained from the Veterinarian who responsible for issued the 

official heahh certificate before departure. 

UAE import conditions currently require that animals must 

have been vaccinated against Rabies, in accordance with the 

vaccine manufacturer's recommendations, after the age of 3 

months and at least 30 days prior to import; this means that 

animals must be at least 4 months of age at the time of import. 

Animals brought into the UAE without such an import pemiit 

will be considered illegal imports. Such animals may be 

returned to the exporting country, confiscated and held in 

quarantine or putdown. The importer will be responsible for all 

related costs. 

Abo OhBbi: PC. Box; 213. Tel 6662781. Fax-665*787 WWk «tiv»v-^li .<M»VA( ^W. .»<r:.,.^ :^^i 

D.jt)ai P.O. Box. 1509. T«(: 2958161. Fax 2957766 15 & "*" " \.Ji» "M'II •-».....* •^^:^^ 

e-mailarchieves.ma'Ouae.oov.«e.-..xv_j' . 'i^ ^ "}!*.... Hom«P»a» u»a.oov.a«/piaf . i.ii>in*i< 

^o''' Zfse^B^ oi saiaaHSia-ssni-rjidQe-Niw uoaj zz-.si iocz-Vau-ii. 
UNITED ARAB EMIR.4TES 

Ministry of Agriculture & Fitherics 

RJU->i hpi j ^irj i tfijj 

The Decree allows for a specific form of import health 

certificate. No such certificate Is currently required but one may 

be required in the future. 

If one is specified you will be advised of the format and when 

it will be required well in advance of the date of 

implementation. 

Airlines, in the main, have, in the past, voluntarily complied 

with I ATA Regulations as they relate to the transport of pet 

animals. The Decree now makes such compliance mandatory. 

The biggest change introduced by this Decree is the 

requirement for all pet animals to be imported as manifest cargo. 

A period of grace has been allowed but this requirement must be 

fully implemented from( 1st June 2005 ). 

Instruction will be issued to ensure all pet animals are 

imported via the cargo sections of airports. 

We would like to inform you that there are a certain types of 

dogs which are prohibited in UAE .The dogs covered by the ban 

under Article 8 of this Decree are of the type known as: 

I. Pit Bull Terrier Types 

2. Japanese Tosa 

3. Dogo Argentino 

4. Fiia Braziliero 

Also any specified tjpes of fighting dogs. Other types of dogs 

can be added to the list by means of an order by the Animal 

Weahh Department for ensuring the health and care of man and 

animals. 

Your assistance in implementing these rules is greatly 

appreciated. 

Please sign and return the anached Receipt Acknowledgemenl, 

Fax to: 009714-2957475 

Best regards 

Khalfan Abdulaziz Al 

DirectorjOfj^ffltniirWealth Depai 

v'rA' 

\ V ^ .:t ^ 

AbuOhabi PC aoi-213. Tel. 6662781. Fa«.66S4T87 

0u6»i PC Box 1£>09. Tel; 295816' rax: 2957^66 

r- J, ..-TJ T •"*' Worn. P»on- uae aov.aa/maf ijij / •«*« 
Ministerial resolution No. (348) of 2008 

I n respect of the liealtl i conditions for importing pets to the United Arab 

Emirates 

The Minister of Environment and Water, 

Having reviewed: 

Federal Law No. (1) of 1972 regarding the competencies of the Ministries and powers 

of the Ministers and laws amending thereof; 

Decretal Federal Law (1) of 2006 amending some of the provisions of the Federal 

Law No. (1) of 1972 regarding competencies of the Ministries and powers of the 

Ministers; 

Federal Law No. (6) of 1979 on Veterinary Quarantine and amendments thereof; 

Cabinet's Resolution No. (5) of 2006 delegating to us certain ministerial duties; 

Ministerial Resolution Number f460) of 2001 concerning the Regulations of the 

Veterinary Quarantine in the GCC. 

Ministerial Decree Number (64) of the year 2005 on the terms and conditions for 

importation of Pet Animals to the United Arab Emirates; 

In view of our concern to protect the society from the diseases borne by pet animals, 

And in consideration of the public interest, 

Has decreed: 

Article (1) 

Pet animals in this resolution shall mean the dogs and cats. 

Article (2) General Health Conditions for the Pet Animals 

No pet animals shall be allowed to enter the United Arab Emirates unless they are In 

compliance with the following conditions: 

1- The animal Identity shall be Identified through an approved electronic chip 

prior to the commencement of vaccination program approved by the concerned 

health authorities. The program shall Include vaccination against rabies. 

2- The animal shall be accompanied by a vaccination book or a passport which 

shall state the electronic chip number, date of birth, the vaccines used, 
manufacturing company, operation number and vaccination date along with the 

vaccination stickers. 

3- The imported animal shall be accompanied by a medical certificate Issued 

by the concerned veterinary authorities In the country of origin indicating the 

animal identification including the electronic chip number, ally types of vaccines 

used and the test results according to resolution. 

4- The medical certificate shall state that the animal has been checked within 

48 hours prior to Its export by a veterinarian who has the power to issue 

International veterinary certificates and stating that the animal has No. 

symptoms of disease and it Is In a good health condition. 

5- The animal must have been treated from external parasites (ticks), 

intestinal parasites (tapeworm) during the ten days preceding Its shipment, as 

indicated In the third annex provided the medicine given to the animal, the 

active component and the dose are stated in the official medical certificate. 

Article (3) 

The countries shall be classified according to the risk of rabies into two groups as 

indicated in the first annex: 

1- Countries of First Group (Low Risk Countries): 

The article (2) shall apply to the pet animals Imported from such countries. 

Additionally, the animals vaccinated against Rabies shall remain for 21 days in the 

country of origin as per the Instructions of the vaccine manufacturing company. 

2- Countries of Second Group (High Risk Countries): 

The article (2) shall be apply to the pet animals imported from such countries in 

addition to the following conditions: 

a- The animals shall be fully vaccinated against rabies as per the instructions 

of the vaccine manufacturing company provided that the animal is not less than 

three month of age at the beginning of vaccinations. 

b- Submission of a certificate from a certified laboratory stating that a Serum 

Neutralization Test against Rabies has been performed three month at least as 

of the shipping date and stating that the antibodies level is not than o,5 lU/ml. 

Article (4) Additional Conditions Related t o Dogs 
1- other Additional Vaccinations 

The dog shall be vaccinated with a certified vaccine (primary dose and poster dose if 

required) as per the Instructions of the vaccine manufacturing company against the 

following diseases: 

a- Canine Distemper Virus (CDV). 

b- Canine Parvo Virus 

c- Infectious Canine Hepatitis. 

d- (Ichtohaemorragea - Canicola) Leptospirosis 

2- Other Additional Checks in certified laboratories in the countries of origin 

The dogs shall be examined against the following diseases after taking laboratory 

samples within one month at most before exporting using the tests mentioned In 

article (2): 

a- Canine Ehrilchlosis Disease and the dogs shall be treated against tick within 

24 hours prior to the inspection of blood samples. 

b- Leslhmanlasls. This test Is not required for dogs accompanied with a 

certificate stating that it belongs to a country free of Lesihmaniasls. 

Article (5) Additional Conditions Related to Cats 

1- Other Additional Vaccinations 

The cats shall be vaccinated with a certified vaccine (primary dose and poster dose If 

required) as per the Instructions of the vaccine manufacturing company against the 

following diseases: 

a- Feline Pan Leukopenia (FPV) 

b- Feline Rhinotrachitis (FHV-1) 

c- Feline Callcivlrus (FCV). 

Article (6) 

The Animal Wealth Department may: 

a- Change the category of the countries stated In the first annex in the first 

and second group according to the reports received from the relevant 

international organizations. 
b- Change the vaccinations and tests stated in this resolution as required. 

Article (7) 

The animal offspring of the mentioned breeds of prohibited dogs and cats listed In 

the fourth annex shall not be entered through any of the land, sea or air ports/points 

of entry of the State. The Animal Wealth Department may add or omit any banned 

breeds. 

Article (8) 

For any party violating the provisions of this resolution. The Animal Wealth 

Department may take all necessary actions and shall have all the powers to 

repatriate any shipment to the country of origin on the expenses of the animal owner 

without prejudice to any penalty provided by any other law. 

Article (9) 

This resolution shall enter into force as of the date of Its issuance and shall be 

published In the official gazette. Any previous resolutions contradicting this resolution 

shall be rendered void. 

[Signed] 

Dr. Rashed Ahmed Bin Fahd 

Minister of Environment and Water 

26 Rabea Awal, 1429, H 

03/04/2008 
Annexes of the Ministerial resolution No. (348) of 2008 

I n respect of the health conditions of importing pets t o the United Arab 

Emirates 
First Annex 

1- Countries of First Group (Low Risk Countries): 

Australia Austria Andorra Ascension Island Antigua & Barbuda 

Aruba 

Canada 

Fiji 

Greece 

Japan 

Barbados 

Chile 

French Polynesia 

Hong Kong 

Jamaica 

Liechtenstein Monaco 

Mayotte Norway 

Bahrain 

Cyprus 

Falkland Island 

Iceland 

KSA 

Malta 

Netheriands 

Bermuda 

Cayman Island 

Germany 

Ireland 

Kuwait 

Montserrat 

New Caledonia 

Denmark 

Croatia 

Gibraltar 

Italy 

Luxemburg 

Mauritius 

New Zealan 

Portugal Qatar Sweden Spain Switzeriand 

San Marino Saint Vincent & the granadltes Saint KItts and Nevis Singapore United Kingdom 

U.S.A. Vatican City Vanuatu Wallis & Futuna 

2- Countries of First Group (High Risk Countries): 

The other countries of the worid not mentioned in the above table. 
Second Annex 

Dogs must be tested using certified tests against the following disease and the result 

must be negative: 

1. Ehrillchlosis: Dog(s) must be tested for Ehrilchia canis infection by indirect 

fluorescent antibody test. The test must give a negative result at a dilution of 

1:40. 

2. Leishmaniasis: Indirect fluorescent antibody test, Elisa or agglutination test. 
Third Annex 

The treatment against tick and tapeworm shall be as per the instructions of the 

vaccine manufacturing company by use of: 

1- A drug containing Praziquantel for the tapeworm 

2- A drug containing Flpronil or Permethrin (Frontline or Permoxin) for the tick. 

The concerned department may add other drugs If approved by the Ministry of 

Environment and Water of the UAE. 
Fourth Annex 

A list of the pet animal species whose importation is prohibited: 

1 All kinds of Pitbull Terrier 

2 American Pitbull Terrier 

3 Brazilian Fighting Dog (Fiia Braslleino, Brazilian Mastiff) 

4 Argentinean Fighting Dog (Dogo Argentino) 

5 American Staffordshire Terriers 

6 Japanese Tosa 

7 Wolf