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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

COMLUX ARUBA N.V.

for an exemption pursuant to 49 U.S.C. § 40109

and a foreign air carrier permit pursuant to

49 U.S.C. § 41301 (Aruba-U.S. open-skies)

)

)

)

)

)

)

)

Docket DOT-OST-2013-______

APPLICATION OF COMLUX ARUBA N.V.

FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to:

Sheryl R. Israel

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Telephone: +1 202 637 8898

Facsimile: +1 866 728 1992

E-mail: sheryl.israel@hoganlovells.com

Counsel for

COMLUX ARUBA N.V.

July 24, 2013

NOTICE: Any person may support or oppose this application by filing an answer

and serving a copy of that answer on counsel for Comlux Aruba N.V. and

all persons served with this application. Answers to the exemption

request are due August 8, 2013, and answers to the permit request are

due August 14, 2013.
TABLE OF CONTENTS

Page

APPLICATION.................................................................................................................1

Fitness Information Required Under 14 C.F.R. § 211.20......................................3

§ 211.20(a)...............................................................................................3

§ 211.20(b)...............................................................................................3

§ 211.20(c)...............................................................................................4

§ 211.20(d)...............................................................................................4

§ 211.20(e)...............................................................................................5

Request for Ownership/Control Waiver................................................................6

§ 211.20(f)................................................................................................7

§ 211.20(g)...............................................................................................8

§ 211.20(h)...............................................................................................8

§ 211.20(i)................................................................................................9

§ 211.20(j)................................................................................................9

§ 211.20(k).............................................................................................14

§ 211.20(l)..............................................................................................14

§ 211.20(m)............................................................................................15

§ 211.20(n).............................................................................................15

§ 211.20(o).............................................................................................15

§ 211.20(p).............................................................................................15

§ 211.20(q).............................................................................................16

§ 211.20(r)..............................................................................................16

§ 211.20(s).............................................................................................17

§ 211.20(t)..............................................................................................17

Additional Information ........................................................................................17

EXHIBIT LIST

Exhibits CXB-1 through CXB-5

CERTIFICATE OF SERVICE
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

COMLUX ARUBA N.V.

for an exemption pursuant to 49 U.S.C. § 40109

and a foreign air carrier permit pursuant to

49 U.S.C. § 41301 (Aruba-U.S. open-skies)

)

)

)

)

)

)

)

Docket DOT-OST-2013-______

July 24, 2013

APPLICATION OF COMLUX ARUBA N.V.

FOR AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Comlux Aruba N.V. (“Comlux Aruba”) hereby applies under 49 U.S.C. §§ 41301,

41302 and 40109, Subparts B and C of the Department’s Rules of Practice

(14 C.F.R §§ 302.201 and 302.301, et seq.), Part 211 of the Department’s Economic

Regulations (14 C.F.R. Part 211), and the Department’s August 23, 2005 Notice in

Docket DOT-OST-2005-22228 (the “Streamlined Licensing Procedures Notice”) for an

exemption and a foreign air carrier permit authorizing Comlux Aruba to conduct the

following services:

 foreign charter air transportation of persons, property, and mail between any

point or points in Aruba and any point or points in the United States, and

between any point or points in the United States and any point or points in

any third country or countries, provided that, except with respect to cargo

charters, such service constitutes part of a continuous operation, with or

without change of aircraft, that includes service to Aruba for purpose of

carrying local traffic between Aruba and the United States; and
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 other charters pursuant to the prior approval requirements set forth in the

Department’s regulations governing charters.

Comlux Aruba requests that the Department grant this application under the

show-cause procedures described in the Streamlined Licensing Procedures Notice.

Specifically, Comlux Aruba requests that the Department issue a single Order

(a) granting the requested exemption authority for a period of two years, or until the

effective date of Comlux Aruba’s final foreign air carrier permit, whichever occurs first,

and (b) tentatively awarding the foreign air carrier permit. As soon as possible

thereafter, Comlux Aruba requests that the Department release a Final Order awarding

Comlux Aruba its Aruba-U.S. open-skies foreign air carrier permit for a period of

indefinite duration.

In support of this application, Comlux Aruba submits the following information:

1. Comlux Aruba is an Aruban on-demand air carrier holding an Air

Operator Certificate (“AOC”) issued by the Department of Civil Aviation Aruba

(“DCA-Aruba”). Comlux Aruba commenced charter service in 2011 under its AOC using

a single Boeing 767-200ER business jet in “VVIP” passenger configuration (“767BBJ”).

The interior configuration, seating capacity, and ultra-long range of the 767BBJ enable

Comlux Aruba to offer a unique category of air transportation in a highly specialized

customer market serving world leaders, royal families, and other groups of passengers

with demanding travel requirements in terms of capacity, comfort, flexibility, and privacy.

Comlux Aruba makes the 767BBJ available for single-entity charter service on a

worldwide basis for these and other categories of charterers. Comlux Aruba anticipates

adding service with other jets of various sizes in the future and is eager to obtain DOT

exemption authority and a foreign air carrier permit so that it is able to offer and provide
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a variety of ad hoc charter services to and from the United States as its fleet expands, in

accordance with the Aruba-U.S. Air Transport Agreement.

2. Comlux Aruba is fit, willing and able to provide the foreign air

transportation described in this application and to conform to the provisions of Title 49 of

the United States Code and the applicable rules, regulations and requirements of the

DOT and other Federal governmental agencies. Comlux Aruba has been found to be

competent to conduct commercial air transportation by the DCA-Aruba and has been

issued the necessary authority for global operations. Additional fitness information as

required under 14 C.F.R. § 211.20 establishing the qualifications of Comlux Aruba to

hold a foreign air carrier permit (and an exemption in the interim) is as follows:

(a) The name and address of the Applicant, the nature of its organization and

the country under the laws of which it is organized.

Comlux Aruba N.V.

L.G. Smith Blvd. 62, Floor 3

Oranjestad

Aruba

Comlux Aruba is a Naamloze Vennootschap (Corporation) registered in

and formed under the laws of Aruba. In accordance with the Trade Registry

Ordinance, art. 4 (nld), Comlux Aruba has been registered as KvK number

40949.0 with the Aruba Chamber of Commerce and Industry.

(b) Name and address of the government air transport authority with

regulatory jurisdiction over the Applicant.

Ministry of Tourism, Transportation and Labour

Department of Civil Aviation

Sabana Berde 73-B

Oranjestad

Aruba
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(c) Statement of the authority requested and a description of the services

proposed.

Comlux Aruba requests issuance of an exemption and, as soon as

possible thereafter, a foreign air carrier permit authorizing Comlux Aruba to

engage in charter foreign air transportation of persons, property, and mail to and

from points in the United States to the full extent permitted by the Aruba-U.S. Air

Transport Agreement, as well as other charters pursuant to the prior approval

requirements set forth in the Department’s regulations (14 C.F.R. Part 212).

Comlux Aruba is currently authorized to conduct a limited number of planeload

charter flights to the United States under the terms of a DOT Special

Authorization originally granted to it on October 26, 2011, and renewed on

November 6, 2012. To maximize its ability to offer its specialized charter air

transportation to and from points in the United States, Comlux Aruba is now

pursuing DOT exemption/permit authority and subsequently intends to apply for

Part 129 Operations Specifications from the FAA. Comlux Aruba is fully

prepared and qualified to provide service to points in the United States, as

dictated by the marketplace and the requirements of its charter customers.

(d) Information concerning the directors, officers and key management

personnel of the Applicant.

Comlux Aruba’s current directors, officers, and key management

personnel are listed below. To the best of Comlux Aruba’s knowledge and belief,

none of the listed individuals are related by blood or marriage. The business

address of the listed directors, officers, and key management personnel is care

of Comlux Aruba’s affiliate, Comlux Aviation AG (“Comlux Aviation”), located at

Gate 14, Oberfeldstrasse 14, CH-8202 Kloten, Switzerland.
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Title Name Residence Nationality

President

Chairman of the Board

Richard Gaona France French

Director Frederic Dubant France French

Director Joseph Huber Switzerland Swiss

CEO & Director Andrea Zanetto Switzerland Italian

Accountable Manager

Director

Christophe Lapierre Aruba French

CFO Christopher Borg Malta Maltese

Flight Operations Manager Hubert van Nuffel Bahrain Belgian

Ground Operations Manager Daniele Travaglia Bahrain Italian -

Australian

Manager of Maintenance &

Engineering

Bernardus Veltman Malta Dutch

Quality Manager Michael Holzapfel Switzerland Swiss

Head of Crew Training and

Standards

Timothy Cumberland Bahrain Australian

In light of the control exerted by non-Aruban nationals, Comlux Aruba is

seeking a waiver of the Department’s ownership and control policy, as detailed

under subparagraph (e), below.

(e) Information concerning the ownership of the Applicant.

Comlux Aruba is a wholly owned subsidiary of Fly Comlux Limited (“Fly

Comlux”), a company registered in and formed under the laws of Malta. Fly

Comlux functions as a division of Comlux The Aviation Group (the “Comlux

Group”) that oversees the Comlux Group’s worldwide VIP aircraft operations.

Fly Comlux, in turn, is owned by: (i) Anoa Capital Ltd. (40%), a company

organized in Malta, whose ultimate beneficial owner is Joseph Huber, a Swiss

national and Managing Board Member of Comlux Aruba; (ii) Editorial Ltd. (40%),

a company organized in the British Virgin Islands whose ultimate beneficial

owner is also a Swiss individual; and (iii) Loxley Logistics Ltd. (20%), a company

organized in the British Virgin Islands, whose ultimate beneficial owner is a

Kazakhstani individual.
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Request for Ownership/Control Waiver

Comlux Aruba is substantially owned and effectively controlled primarily

by citizens of EU Member States and Switzerland. In terms of day-to-day

operations of the air carrier, Comlux Aruba has not been able to recruit qualified

airline management personnel from among the Dutch permanent residents of

Aruba, thereby requiring a greater level of involvement by non-Dutch/Aruban

nationals from the Comlux Group. However, although Aruba is an autonomous

member of the Kingdom of the Netherlands (an EU Member State), it is not

included within the EU-U.S. open-skies framework. Consequently, its ownership

and control may not be analyzed under the EU-U.S. Air Transport Agreement.

Given that the operational and managerial oversight and ownership by

non-Dutch/Aruban personnel indicates that effective control of Comlux Aruba

does not rest with Dutch/Aruban nationals, Comlux Aruba hereby requests a

waiver of the Department’s ownership and control policy. Nothing in the

ownership or control of Comlux Aruba would be inimical to U.S. policy or

interests, nor would granting a waiver place U.S. carriers at a competitive

disadvantage in any specific market. Such a finding would be fully consistent

with recent and longstanding DOT precedents concerning ownership/control

waivers, particularly in cases that involve carrier applicants and participants from

countries that maintain open-skies or other liberal aviation relationships with the

United States. See, e.g., Inselair Aruba N.V., Order 2013-5-16, at 2-3;

Comlux Malta Ltd., Order 2008-12-15, at 3; Jet Aviation Business Jets AG, Order

2008-3-17, at 2-3; Nicaraguense de Aviacion S.A. (NICA), Order 92-7-6, at 4,

fn. 6. Notably, Aruba has an open-skies relationship with the United States, as

does the homeland of each foreign director, officer, and key management official
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of Comlux Aruba (France, Switzerland, Italy, Malta, Belgium, the Netherlands,

and Australia). Similarly, 80% of the shares of Comlux Aruba are ultimately held

by nationals of Switzerland, an open-skies nation.

Furthermore, the Department has acknowledged “...that in countries of

small population, such as [Aruba], it can be difficult to form airlines which are

substantially owned and effectively controlled by homeland nationals. This is a

factor that must be taken into account when an application is otherwise in the

public interest and its ownership and control does not appear to raise questions

or harm to U.S. aviation interests.” Cargolux Airlines International S.A.

(Luxembourg), Order 85-6-87, at 5. Indeed, since Aruba is a small island with a

population of just over 100,000 and a relatively low rate of unemployment, it is

understandable that a new operator such as Comlux Aruba would need to rely to

a great degree on non-homeland involvement to launch and oversee a widebody jet operation. Given these circumstances, the Department’s grant of an

ownership/control waiver would be entirely appropriate.

(f) Other ownership interests.

As noted, Comlux Aruba is owned by Fly Comlux and is thus closely

affiliated, under common ownership and management, with various other

companies within the Comlux Group. Specifically, in addition to owning Comlux

Aruba, Fly Comlux is the holding company for (i) Comlux Aviation AG

(previously, an air carrier of Switzerland, which still oversees certain activities of

the Fly Comlux companies), (ii) Comlux Malta Ltd. (an air carrier of Malta, which

holds authority to serve the United States), (iii) 51% of Comlux KZ LLC (an air

carrier of Kazakhstan), and (iv) other Comlux-branded companies engaged in
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VIP aircraft charter, sales and management activities. Andrea Zanetto, an Italian

citizen, is CEO of Fly Comlux (and of Comlux Aruba).

A separate Comlux Group holding company, Comlux Holding Ltd. (Malta),

owns Comlux Management AG (Switzerland), which manages the activities of

the Comlux Group including the Fly Comlux companies, and Comlux America

LLC and Comlux Aviation Services LLC, which comprise an aircraft completions

and maintenance center in Indianapolis, along with other Comlux companies

engaged in aviation-related activities. Richard Gaona, President of Comlux

Management and Executive Chairman and President of both Fly Comlux and

Comlux Holding, manages the entire Comlux Group with the support of a

Management Team consisting of executives from various companies within the

Group.

(g) Relationship between the Applicant and its homeland government.

Aside from the regulatory oversight of various Aruban governmental

entities over Comlux Aruba, the Aruban government is not involved in the

ownership, management or operations of Comlux Aruba.

(h) Evidence that the Applicant’s insurance coverage meets or exceeds the

liability limits of 14 C.F.R. Part 205.

Exhibit CXB-1 contains a copy of OST Form 6411, Foreign Air Carrier

Certificate of Insurance, confirming that Comlux Aruba’s insurance coverage for

its first aircraft meets the liability limits of 14 C.F.R. Part 205. This insurance

certificate, as well as certificates covering other aircraft added to Comlux Aruba’s

fleet in the future, will be submitted to the FAA.
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(i) Evidence of the Applicant’s homeland operating authority.

Attached as Exhibit CXB-2 are Comlux Aruba’s license for irregular air

transport (No. DL/121421A) issued by the Aruban Minister of Tourism, Transport

and Labor on September 21, 2012 (accompanied by an English translation), and

its Air Operator Certificate (AOC) (# CXBAPN002) issued by DCA-Aruba on

March 26, 2013, authorizing Comlux Aruba to conduct commercial air

operations. Comlux Aruba will obtain appropriate amendments to the license,

AOC, and associated Operations Specification, and will renew these documents

as necessary.

(j) Operating history of the Applicant.

The Comlux Group is a leader in VIP charter services operating

worldwide with the highest standards of safety and quality. In addition to

conducting charter operations on a global scale under Air Operator Certificates

issued to three affiliates, the Comlux Group offers a comprehensive set of

personal and professional services to VIP aircraft owners. These services

include exclusive aircraft management, sales and acquisitions, cabin design and

completion, and maintenance and engineering services, with many of the

Group’s completion, maintenance, and engineering services being carried out by

U.S. affiliates based in Indianapolis.

Comlux Aruba was founded in 2011 as an initiative of the Comlux Group

to expand its global reach and enhance alternatives for the management and

commercial operation of a growing portfolio of VIP jet aircraft. The timing of the

company’s establishment was influenced by the anticipated entry into service of

a uniquely-configured extended-range 767BBJ, which had been undergoing

refurbishment at Comlux America, the Comlux Group’s VIP airliner completion
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center in Indianapolis. Following a rigorous and aggressive certification process,

Comlux Aruba was awarded its initial AOC on September 30, 2011, and limited

operations with the 767BBJ subsequently ensued.

Comlux Aruba intends to build on its successful launch by maximizing its

767BBJ charter service offerings. With the aircraft’s extended range, it is an

ideal choice for medium to long range missions involving destinations throughout

the globe. Comlux Aruba’s one-of-a-kind 767BBJ service has particular appeal

for specialized categories of travelers within governments, royal families and

other organizations that require an in-flight suite of executive services and

amenities as well as sufficient seating accommodations for a full entourage and

abundant baggage space.

Comlux Aruba is poised to offer its unique charter service to the

United States pursuant to long term economic authority granted by DOT, initially

with the 767BBJ and subsequently with various other business jets in the future.

Comlux routinely receives requests for Comlux Aruba’s 767BBJ charter service,

with multiple expressions of interest involving service to U.S. points, and as the

Comlux Aruba fleet expands over time, demand for its luxury charter service is

expected to increase.

Although Comlux Aruba is a relatively new operator, its officers, directors

and key management personnel bring extensive, directly relevant air

transportation and managerial experience to the company, as follows:

 Richard Gaona is Chairman of the Board and President of the Comlux

Group, and also serves as President and Chairman of the Board of

Comlux Aruba. Prior to joining Comlux in 2007, Mr. Gaona was Vice

President Executive and Private Aviation with Airbus SAS (“Airbus”),
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having previously held various management and executive positions

with Airbus, beginning in 1989. Mr. Gaona created the Comlux Group

structure, which has thrived under his leadership.

 Frederic Dubant serves as a Managing Director of Comlux Aruba.

Mr. Dubant is also SVP Legal of the Comlux Group, overseeing legal

and contractual matters within the Group during its expansion.

Mr. Dubant began his legal career in 1993 as legal counsel for an

aircraft and automotive equipment manufacturer, working in Chicago

and Paris. He subsequently joined Airbus in 1998, where he served

as Legal Counsel Procurement, Senior Legal Counsel Corporate, and

Senior Legal Counsel Aircraft Sales. In this latter position,

Mr. Dubant was responsible for all legal matters concerning the sale

of Airbus aircraft worldwide. Mr. Dubant joined Comlux in early 2009.

 Joseph Huber also serves as a Managing Director of Comlux Aruba.

Mr. Huber joined Comlux in 2007 to oversee the finances of the

company and is presently CFO of the Comlux Group. Mr. Huber

possesses over 30 years of experience in business accounting and

expertise in other financial and commercial services, including

substantial experience in aircraft transactions.

 Andrea Zanetto is CEO of Fly Comlux and also serves as CEO and a

Director of Comlux Aruba. Mr. Zanetto began his aviation career as

an engineer for Embraer in 1987. He joined Eurofly in 1989 and ran

the technical department for 13 years until being appointed Chief

Operations Officer in 2005. He was part of the management team

during the merger of Meridiana and Eurofly, becoming the COO of
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Meridiana Fly. Mr. Zanetto joined Comlux in January 2011 as CEO of

Fly Comlux.

 Christophe Lapierre, Accountable Manager and a Director of

Comlux Aruba, has been with the Comlux Group since March 2009.

He started his career in the French Air Force, where he attended the

officer academy, obtained an engineering degree and served on

various transport aircraft and in military operations worldwide. In

2002, Mr. Lapierre joined the French Air Force flight academy as an

instructor and examiner. Starting in 2004, he served in the French

Presidential Flight Squadron as Airbus Chief Pilot and overseer of

fleet renewal projects, until joining Comlux in 2009 as Lead Captain,

followed by Head of Division, then Vice President.

 Christopher Borg joined Comlux earlier this year as Head of Finance

for the Fly Comlux companies, including Comlux Aruba. He started

his career at PricewaterhouseCoopers as a manager, then as an

auditor setting up internal audits. In 2004, he joined the insurance

group MAPFRE, where he served in positions from internal chief

auditor to Vice President. In addition to his role with Fly Comlux,

Mr. Borg is currently Chairman of the Malta Forum for Internal

Auditors.

 Captain Hubert van Nuffel, Comlux Aruba’s Flight Operations

Manager, possesses extensive worldwide training and operations

management experience. He began his career with Sabena in 1977,

serving on B737 and subsequently B767 aircraft, was promoted to

instructor in 1991, and was also involved in the development of CRM
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programs. Since 2004, he continued to fly for various European air

carriers until joining Comlux in 2011, and has been actively involved

in aircraft entry into service and certification projects.

 Daniele Travaglia is a qualified dispatcher and supervisor within the

Comlux Group who began serving as Comlux Aruba’s Ground

Operations Manager in September 2011. After receiving dispatcher

and flight planning training from Jeppesen Academy in Dubai and

Germany and airline operations and safety training from IATA Center

in Geneva, Mr. Travaglia began his aviation ground operations career

in 2006 as a duty manager and flight dispatcher for Farnair AG, a

Swiss cargo and passenger airline. He subsequently joined

Comlux Aviation in 2008 as an aircraft dispatcher and was promoted

to the position of Fuel Supervisor for the entire Fly Comlux fleet in

April 2009.

 Bernardus Veltman, Comlux Aruba’s Manager of Maintenance &

Engineering, started his aviation career in 1995 as a mechanic and

continued as a licensed engineer and team leader, working for

various European air carriers. In 2008, he joined SGI Aviation, where

he served as a technical consultant managing aircraft and records

during entry into and exit from service. Mr. Veltman joined Comlux in

2011 as engineering manager and became head of the department

the same year.

 Michael Holzapfel, Comlux Aruba’s Quality Manager, has a diverse

aviation background, performing numerous ground and flight

operations duties and consulting services for a variety of operators.
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Mr. Holzapfel has also served as Quality Manager for

Comlux Aviation since 2003, and for Comlux Malta Ltd. since 2008.

 Captain Tim Cumberland, Comlux Aruba’s Head of Crew Training and

Standards, possesses a degree in Vocational Education and Training

and extensive experience in worldwide operations and training. He

began his career with Qantas in 1989. In 2007, he joined DHL as a

B767 Captain and subsequently became an instructor. Captain

Cumberland joined Comlux in 2011, and has been actively involved in

aircraft entry into service and certification projects.

(k) List of the aircraft owned, leased and operated by the Applicant.

Comlux Aruba currently offers charter service with the following airplane:

Airplane Reg. # Registered to

Boeing 767-2DX P4-CLA Comlux Aruba N.V.

L.G. Smith Blvd. # 60

Oranjestad,

Aruba

Comlux Aruba initially intends to offer charter service to and from the

United States only with this 767BBJ. Comlux Aruba anticipates other business

jets will be added to its charter fleet in the future.

(l) Aircraft maintenance information.

Maintenance on Comlux Aruba’s 767BBJ will be performed by

SR Technics and Abu Dhabi Aircraft Technologies. Comlux Aruba’s

maintenance program complies with ICAO Pilots and Airmen Annexes 1, 6

(Part 1) and 7. The Kingdom of the Netherlands is a contracting state of the

Convention on International Civil Aviation.
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(m) Description of any agreements or cooperative working arrangements.

There are no agreements or cooperative working arrangements between

Comlux Aruba and any U.S. or foreign air carrier relevant to the economic

authority Comlux Aruba is seeking for its proposed services to the United States

(e.g., wet lease or blocked space agreements).

(n) Financial data summaries.

Exhibit CXB-3 contains Comlux Aruba’s Income Statement & Balance

Sheet for the year ended December 31, 2012. This confidential and proprietary

financial information is not otherwise disclosed to the public and is being filed

under seal, accompanied by a motion for confidential treatment under

14 C.F.R. § 302.12.

(o) Financial assistance received or expected from the Applicant’s homeland

government, if any.

Comlux Aruba does not receive or expect to receive financial assistance

from its homeland government.

(p) An estimate showing the total traffic and the financial results of the

proposed services for the first full year of normal operations.

Comlux Aruba intends to hold out and provide charter air transportation

services on an ad hoc, on-demand basis, which will include flights to and from

the United States based on the requirements of its customers. In light of the

unpredictable nature of the proposed charter services and the unique category of

charter business proposed by Comlux Aruba, it is difficult to provide definitive

forecasts for the first full year of normal operations. Nonetheless, Comlux Aruba

estimates that it could operate at least 15 flights to and from the United States
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during the first full year of operations under DOT exemption/permit authority,

generating approximately $6 million in gross revenues.

(q) Issues relating to the air transport agreement between the United States

and the Applicant’s homeland.

Issuance of the requested exemption and foreign air carrier permit to

Comlux Aruba is consistent with the Air Transport Agreement between the

United States and the Kingdom of the Netherlands in respect of Aruba relating to

Air Transport between Aruba and the United States (“Aruba-U.S. open-skies

agreement”), signed September 18, 1997. Comlux Aruba anticipates that it will

soon be designated to conduct charter services under Annex II of the Aruba-U.S.

open-skies agreement. To the extent that passenger charter services will be

provided between points other than Aruba and points in the United States,

Comlux Aruba anticipates that the DCA-Aruba will readily furnish the Department

with appropriate written confirmations of reciprocity.

(r) The policy of the Applicant’s homeland government with respect to U.S.

carriers’ applications for scheduled and charter authority, including

whether the homeland government grants fifth-freedom traffic rights to

U.S. carriers.

To the best of Comlux Aruba’s knowledge, the government of Aruba has

fully honored the liberal route rights, including fifth freedom traffic rights, that are

available to U.S. carriers under the Aruba-U.S. open-skies agreement. As the

Department is aware, a number of U.S. carriers currently exercise their rights to

provide scheduled and charter service to and from Aruba. Comlux Aruba is

unaware of any instances of disharmony within the bilateral relationship between

Aruba and the United States that may cause concern that prospective extrabilateral rights would not be granted to U.S. carriers on the basis of reciprocity
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and comity. Aruba has maintained an open-skies agreement with the

United States since 1997, and the harmonious aviation relationship with the

United States has extended back at least that far.

(s) Statement as to whether the Applicant has, for the preceding 5 years,

been involved in any safety or tariff violations or any fatal accidents.

Comlux Aruba has not been involved in any safety or tariff violations or

any fatal accidents since its inception in 2011.

(t) Submission of OST Form 4523 (Waiver of liability limits under the

Warsaw Convention).

A copy of completed OST Form 4523 is provided as Exhibit CXB-4.

Comlux Aruba will file the signed form in Docket DOT-OST-1995-236.

ADDITIONAL INFORMATION.

3. In light of the relatively limited nature of its anticipated operations to the

United States, the introduction of the charter services proposed by Comlux Aruba is not

expected to involve a near-term net annual change in aircraft fuel consumption

exceeding 10 million gallons, meaning approval of this application would not constitute a

“major regulatory action” under the Energy Policy and Conservation Act, as

implemented by 14 C.F.R. Part 313. Comlux Aruba does not anticipate encountering

any difficulty in obtaining adequate supplies of fuel for its proposed ad hoc services from

existing sources.

4. Pursuant to 49 U.S.C. § 41313(c), Comlux Aruba will submit to the

Department (in Docket DOT-OST-1998-3304) and the National Transportation Safety

Board a plan to address the needs of families of passengers involved in aircraft

accidents.
Application of Comlux Aruba N.V.

Page 18

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5. Similarly, pursuant to 14 C.F.R. § 243.13, Comlux Aruba will file a brief

statement with the Department (in Docket DOT-OST-1998-3305) summarizing how it

will collect the passenger manifest information required by Part 243 and transmit the

information to the Department of State in the event of an aviation disaster.

6. In conclusion, Comlux Aruba is poised and qualified to provide unique

and beneficial VIP charter services to and from the United States that are consistent

with the Aruba-U.S. open-skies agreement and the public interest. Comlux Aruba

respectfully requests that this application be granted without delay to provide

Comlux Aruba with the full measure of charter rights available to Aruban carriers under

the open-skies agreement.

WHEREFORE, Comlux Aruba N.V. respectfully requests that the Department

promptly approve this application and issue exemption authority and a foreign air carrier

permit pursuant to the Streamlined Licensing Procedures Notice authorizing charter air

transportation under the Aruba-U.S. open-skies agreement, as described herein, and

grant such further and additional relief as the public interest may require.

Respectfully submitted,

__________________________________

Sheryl R. Israel

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Telephone: +1 202 637 8898

Facsimile: +1 866 728 1992

E-mail: sheryl.israel@hoganlovells.com

Counsel for

COMLUX ARUBA N.V.
Application of Comlux Aruba N.V.

for an Exemption and a Foreign Air Carrier Permit

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EXHIBIT LIST

Exhibit

CXB-1 Response to § 211.20(h) – OST Form 6411, Foreign Air Carrier

Certificate of Insurance

CXB-2 Response to § 211.20(i) – Irregular Air Transport License and

Air Operator Certificate

CXB-3 Response to § 211.20(n) – Financial Information

CXB-4 Response to § 211.20(t) – OST Form 4523, Waiver of Liability

Limits under the Warsaw Convention

CXB-5 Verification Required by § 211.11
Application of Comlux Aruba N.V.

for an Exemption and a Foreign Air Carrier Permit

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Exhibit CXB-1

Response to § 211.20(h) – OST Form 6411,

Foreign Air Carrier Certificate of Insurance
Office of the 

Secretary

of Transportation

AGENCY DISPLAY OF ESTIMATED BURDEN

The public reporting burden for this collection of information is estimated to average 30 minutes per response. If you 

wish to comment on the accuracy of the estimate or make suggestions for reducing this burden, please direct your 

comments to: U.S. Department of Transportation, Office of Aviation Analysis, X-56, 400 7th St., SW,., Washington, D.C. 

20590. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of 

information unless it displays a valid OMB control number. 

NOTE: For information on where to file completed copies of this form, see FILING INSTRUCTIONS below.

OMB No. 2106-0030 Expires 9-30-2007 

FOREIGN AIR CARRIERS - CERTIFICATE OF INSURANCE

POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY

AND PROPERTY DAMAGE LIABILITY

FILING INSTRUCTIONS: File a signed original of this form with the Federal Aviation Administration, Air Transportation Div., AFS-260, 800 

Independence Ave., SW., Washington, DC 20591. (See EXCEPTION below.)

EXCEPTION: If Section 2.A. is filled in because the insured is a Canadian Charter Air Taxi Operator, file an original of this form with the U.S. 

Department of Transportation, Special Authorities Division (X-46), 400 7th Street, SW, Washington, D.C. 20590

(Please type information, except signatures.)

THIS CERTIFIES THAT: WILLIS LIMITED on behalf of Insurers

(Name of Insurer)

has issued a policy or policies of Aircraft Liability Insurance to: COMLUX ARUBA N.V. L.G. Smith Boulevard, #62, 3rd Floor, Oranjestad, 

Aruba.

FAA Certificate Number________________

(Name, address and FAA Certificate number of Insured Foreign Air Carrier)

effective from November 1, 2012 12:01 am Local Standard Time until ten (10) days after written notice from the insurer or carrier of the intent 

to terminate coverage is received by the Department of Transportation.

NOTE: Part 205 of the Department’s Regulations does not allow for a predetermined termination date, and a certificate showing such a date 

is unacceptable.

1. The Insurer (Check One):

 is licensed to issue aircraft insurance policies in the United States;

X is licensed or approved by the government of the UNITED KINGDOM to issue aircraft insurance policies; or 

 is an approved surplus line insurer in the State(s) of _________________________

2. The insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the 

following during operation, maintenance, or use of aircraft in “foreign air transportation” as that term is defined in 49 U.S.C. 40102.

(Complete applicable section A, B, or C below):

A. CANADIAN CHARTER AIR TAXI OPERATORS WITH PART 294 AUTHORITY ONLY

The aircraft covered by this policy have: (1) 30 or fewer passenger seats and a maximum payload capacity of 7,500 pounds or less; 

and/or (2) a maximum authorized takeoff weight on wheels of no more than 35,000 pounds. (Complete separate or combined 

coverage as appropriate):

 Separate Coverages Minimum Limit 

 Policy No. Type of Liability Each person Each Occurrence 

__________________ Combined Bodily Injury (Excluding Passengers other

than cargo attendants) and Property Damage Liability $75,000 $2,000,000*(See note)

__________________ Passenger Bodily Injury $75,000 $75,000 x 75% of 

total number of

passenger seats

 installedin aircraft

 Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury.

Policy No.__________________________________ Amount of Coverage_____________________U.S. Dollars

 This policy covers CARGO operations only and excludes passenger liability insurance.

___________________________________________________________________________________________________________

NOTE: If the aircraft covered by this policy have more than 30 passenger seats or more than a maximum payload capacity of 7,500 

pounds, the minimum limit per occurrence shall be $20,000,000.
OST Form 6411

B. FOREIGN AIR CARRIERS OPERATING SMALL AIRCRAFT

The aircraft covered by this policy are SMALL AIRCRAFT (i.e., with 60 or fewer passenger seats or with a maximum payload 

capacity of 18,000 pounds or less). (Complete separate or combined coverage as appropriate):

 Separate Coverages: Minimum Limit 

 Policy No. Type of Liability Each person Each Occurrence 

__________________ Combined Bodily Injury (Excluding Passengers other

than cargo attendants) and Property Damage Liability $300,000 $2,000,000

__________________ Passenger Bodily Injury $300,000 $300,000 x 75% 

of 

 total number of

 passenger seats

 installed in aircraft

X Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

minimums stated above for bodily injury (excluding passengers), property damaged, and passenger bodily injury.

Policy No. Amount of Coverage

 This policy covers CARGO operations only and excludes passenger liability insurance.

C. FOREIGN AIR CARRIERS OPERATING LARGE AIRCRAFT

The aircraft covered by this policy are LARGE AIRCRAFT (i.e., with more than 60 passenger seats or with a maximum payload capacity 

of more than 18,000 pounds). (Complete separate or combined coverage as appropriate):

 Separate Coverages: Minimum Limit 

 Policy No. Type of Liability Each person Each Occurrence 

__________________ Combined Bodily Injury (Excluding Passengers other

than cargo attendants) and Property Damage Liability $300,000 $20,000,000

__________________ Passenger Bodily Injury $300,000 $300,000 x 75% 

of 

 total number of

 passenger seats

 installed in aircraft

X Combined Coverage: This combined coverage is a single limit of liability for each occurrence at least equal to the required 

minimums stated above for bodily injury (excluding passengers), property damaged, and passenger bodily injury.

Policy No.16166A12 Amount of Coverage 800,000,000 U.S. Dollars

 This policy covers CARGO operations only and excludes passenger liability insurance.

3. The policy or policies listed in this certificate insure(s) (Check One): Make and Model FAA or Foreign Flag

Registration No.

 Operations conducted with all aircraft operated by the insured

 Operations conducted with the following types of aircraft:

X Operations with the following aircraft: (Use additional page if necessary) SEE ATTACHMENT

4. Each policy listed in this certificate meets or exceeds the requirements in 14 CFR Part 205.

GLOBAL AEROSPACE UNDERWRITING MANAGERS LTD WILLIS LIMITED

(Name of Insurer) (Name of Broker, if applicable)

C/O WILLIS LIMITED 51 LIME STREET, LONDON EC3M 7DQ, 

(Address) UNITED KINGDOM

 (Address)

C. DAVIE T. MCCARTHY

Contact (person who can verify the effectiveness of the coverage) (Officer or authorized representative)

+44 (0)20 3124 6900 +44 (0)20 3124 7688 +44 (0)20 3124 6196 +44 (0)20 3124 7688

(Area Code, Phone Number) (Area Code, Fax Number) (Area Code, Phone Number) (Area Code, Fax 

Number)

(Signature, if applicable) (Signature)

29 October 2012 29 October 2012

(Date) (Date)
ATTACHMENT

NAME OF AIR CARRIER: COMLUX ARUBA N.V.

The Air Carrier has been insured against the risks described in this certificate under Policy No. 16166A12 which is issued on 

the following conditions:

(a) the aircraft are as described, and are insured for the amounts shown, in the Schedule below;

(b) the aircraft will be used for the following purposes: COMMERCIAL USE

SCHEDULE OF AIRCRAFT

Registration

Marking

Type and model No. of Passenger

Seats Insured

Combined Single Limit of Liability

P4-CLA B767 60 USD 800,000,000
Application of Comlux Aruba N.V.

for an Exemption and a Foreign Air Carrier Permit

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Exhibit CXB-2

Response to § 211.20(i) –

Irregular Air Transport License and Air Operator Certificate









Application of Comlux Aruba N.V.

for an Exemption and a Foreign Air Carrier Permit

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Exhibit CXB-3

Response to § 211.20(n) –

Financial Information

[Submitted Under Seal – Confidential Treatment Requested

Pursuant to 14 C.F.R. § 302.12]
Application of Comlux Aruba N.V.

for an Exemption and a Foreign Air Carrier Permit

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Exhibit CXB-4

Response to § 211.20(t) – OST Form 4523,

Waiver of Liability Limits under the Warsaw Convention

Application of Comlux Aruba N.V.

for an Exemption and a Foreign Air Carrier Permit

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Exhibit CXB-5

Verification

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Comlux Aruba N.V. for

an Exemption and a Foreign Air Carrier Permit has been served this 24th day of July,

2013, on the following addressees:

Kris Urs

Deputy Assistant Secretary for Transportation Affairs

Bureau of Economic and Business Affairs

Department of State

2201 C Street, NW

Washington, D.C. 20520

urskr@state.gov

James Jelinski

Office Manager

Miami International Field Office

Federal Aviation Administration

2895 S.W. 145 Ave., Suite 221

Miramar, FL 33027

james.r.jelinski@faa.gov

Jocelyne Croes

Minister Plenipotentiary for Aruba

The Royal Netherlands Embassy

4200 Linnean Avenue NW

Washington, DC 20008

jocelyne.croes@minabuza.nl

Jonathan Echmalian