BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

Application of 

MIDEX AIRLINES 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41301 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-UAE) 

Docket DOT-OST-2010- 

APPLICATION OF MIDEX AIRLINES FOR A 

FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Communications with respect to this document should be sent to: 

Gary B. Garofalo, Esq. 

Jason E. Maddux, Esq. 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Washington, D.C. 20036 

Phone 202-776-3970 

Fax 202-776-3975 

ggarofalo@ggh-airlaw.com 

jmaddux@ggh-airlaw.com 

Counsel for MIDEX AIRLINES

September 21, 2010 

Notice: Any person who wishes to support or oppose this application may file an answer 

and serve that answer on above-named counsel and all persons served with the 

application. Answers to the exemption application are due by October 6, 2010, and 

answers to the permit application are due by October 12, 2010.
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C.

Application of 

MIDEX AIRLINES 

For a foreign air carrier permit pursuant to 

49 U.S.C. § 41302 and exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-UAE) 

Docket DOT-OST-2010- 

APPLICATION OF MIDEX AIRLINES FOR A 

FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

 Pursuant to 49 U.S.C. § 41302 and Part 211 of the Economic Regulations of the 

Department of Transportation, MIDEX AIRLINES hereby applies for a foreign air carrier 

permit to operate charter air transportation of property between the United Arab Emirates 

(UAE) and the United States of America (USA) and between the USA and any point or 

points in third countries. MIDEX further requests exemption authority under 49 U.S.C. 

§ 40109 to the extent necessary to enable it to provide the services described above 

pending issuance of a foreign air carrier permit and such additional or other relief as the 

Department may deem necessary or appropriate. 

MIDEX requests that the authority described above be issued expeditiously and 

that the Department process this application pursuant to the streamlined regulatory 

procedures for licensing U.S. and foreign air carriers set forth in the Notice dated August 

23, 2005 (Docket OST-2005-22228), and issue a single order (1) granting the requested 
2

exemption authority for a two-year period or until the requested permit authority becomes 

effective, whichever occurs first, and (2) approving the corresponding foreign air carrier 

permit under the show-cause procedures described in the August 23, 2005 Notice.1 

In support of this application and pursuant to § 211.20 the Department’s 

regulations, MIDEX states as follows: 

1. The full name and address of the applicant is: 

MIDEX AIRLINES 

PO Box 9636 

Dubai 

United Arab Emirates 

The applicant is a limited liability company incorporated and existing under the laws of 

the United Arab Emirates (Federal Law No 8 of the year 1984). 

2. The name and official address of the government air transport authority in 

the UAE having regulatory jurisdiction over MIDEX is: 

UAE General Civil Aviation Authority (GCAA) 

PO Box 6558 

Abu Dhabi 

United Arab Emirates 

3. Air transport between the United Arab Emirates and the United States is 

governed by the Air Transport Agreement Between the Government of the United States 

and the Government of the United Arab Emirates, signed on April 13, 1999. MIDEX 

seeks authority under Annex II of that agreement to operate charter all-cargo service 

 

1

 On September 9, 2010, the Department granted MIDEX a Part 375 Special Authorization to 

conduct a maximum of twelve round-trip or one-way planeload charter flights carrying property 

between a point or points outside of the USA and a point of points in the USA utilizing a Boeing 

747-228F aircraft. 
3

between the United Arab Emirates and the United States and between the United States 

and any point or points in third countries. The initial proposed service will operate on an 

ad hoc charter basis. MIDEX anticipates operating three times per week initially in the 

following markets: New York/Miami/Los Angeles - Dubai – Shanghai; Shanghai – New 

York/Miami/Los Angeles; and vice versa. MIDEX will use Boeing 747-228F aircraft 

(109 ton capacity). MIDEX’s service will carry cargo only with no seasonal variation. 

4. The names, addresses and citizenship of MIDEX’s officers and key 

management personnel are set forth in Exhibit MA-02. MIDEX does not have a board of 

directors. None of MIDEX’s key management personnel are related by blood or 

marriage. 

5. MIDEX is fifty-one (51) percent owned by Mr. Jassim Albastaki, Director 

General of MIDEX and a citizen of the UAE. The remaining forty-nine (49) percent is 

owned by Dr. Issam Khairallah, President of MIDEX and a U.S. citizen.2

 To the extent 

necessary and consistent with Department policy, MIDEX requests DOT waive its 

ownership and control policy. Given that MIDEX is entirely owned and controlled by 

citizens of the UAE and USA, the ownership of MIDEX is not inimical to U.S. aviation 

policy. 

 

6. MIDEX neither receives nor expects to receive any financial assistance 

from the UAE government. MIDEX, its officers, directors, managers, and holders of five 

 

2

 Dr. Khairallah also is a citizen of Lebanon. 
4

percent or more of its stock do not hold any interest in any U.S. carrier or other entity 

engaged in the business of aeronautics. 

7. MIDEX was created in January 2007 and began daily scheduled flights 

from Al Ain International Airport to various worldwide destinations in 2008. In 2009, 

due to the world economical downturn, MIDEX decided to temporarily suspend 

scheduled operations and instead focused on developing its charter business. Today, 

MIDEX continues to grow its charter operations worldwide. To that end, MIDEX is 

seeking Department authority in order to provide much-demanded all-cargo serve to the 

USA, initially on a charter basis. 

8. MIDEX currently operates the nine aircraft listed below, though only the 

B747 aircraft will be used for service to the USA. All aircraft are configured for allcargo operations. MIDEX has no immediate plans to acquire additional aircraft in 

connection with the authority requested herein. 

Aircraft Type Registration Number Country of Registration

A300B4-203F A6-MDA UAE 

A300B4-203F A6-MDB UAE 

A300B4-203F A6-MDC UAE 

A300B4-203F A6-MDD UAE 

A300B4-203F A6-MDE UAE 

A300B4-203F A6-MDF UAE 

B747-228F A6-MDG UAE 

B747-228F A6-MDH UAE 

B747-228F A6-MDI UAE 
5

9. Maintenance on all present and future MIDEX aircraft is (or will be) 

performed by Abu Dhabi Aircraft Technologies, KLM Engineering, Air France 

Engineering or other appropriately licensed maintenance providers. MIDEX’s 

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

7. The UAE is a contracting state to the Convention on International Civil Aviation. 

MIDEX’s homeland authority, i.e. its Commercial License, Air Operator Certificate 

(AOC) and Operations Specifications, are attached as Exhibit MA-01.3

10. At present, MIDEX does not have any code-share agreements or other 

cooperative agreements with any U.S. carriers, non-U.S. carriers, or air freight 

forwarders/consolidators, except for interline agreements with American Airlines and 

Etihad Airways, but neither agreement will affect the proposed service to the USA. 

11. MIDEX meets the Department’s requirements for foreign air carrier 

insurance. Attached as Exhibit MA-03 is OST Form 6411 evidencing MIDEX’s 

insurance coverage. 

12. Attached as Exhibit MA-04 is a copy of MIDEX’s financial information, 

including a balance sheet and profit and loss statement for 2008 and 2009, and a brief 

summary. This Exhibit is being submitted with a motion for confidential treatment 

pursuant to Rule 12 of the Department’s rules of practice. 

 

3

 Consistent with current UAE procedures, MIDEX’s Commercial License is valid through 

September 1, 2011, and MIDEX’s AOC is valid through July 17, 2011. MIDEX anticipates its 

Commercial License and AOC will be reissued routinely no later than those dates. 
6

13. Attached as Exhibit MA-05 is a copy of MIDEX’s traffic and financial 

forecast for the first full year of normal operations to and from the United States. These 

forecasts are being submitted with a motion for confidential treatment pursuant to Rule 

12 of the Department’s rules of practice. 

14. MIDEX has experienced no safety or tariff violations or fatal accidents in 

the past five years, except that the UAE GCAA suspended MIDEX’s AOC from March 

2-April 14, 2010, for failing to have filled several required post holders and for certain 

manual and recordkeeping deficiencies. After conducting a thorough search, MIDEX 

filled the post holder vacancies with well-qualified professionals, who were readily 

approved by the GCAA. MIDEX also extensively revised, updated and expanded its 

operations manual to address the deficiencies noted by the GCAA, and invested in new 

software designed to aid MIDEX’s recordkeeping. 

15. MIDEX will submit a copy of its Aviation Disaster Family Assistance 

Plan in Docket DOT-OST-98-3304, pursuant to 49 U.S.C. § 41313. 

16. Attached as Exhibit MA-06 is OST Form 4523, a partial waiver of the 

liability limitations of the Warsaw Convention. 

17. The verification required by Part 211.11 of the Department’s regulations is 

attached as Exhibit MA-07. 


EXHIBIT MA-01

Commercial License, 

Air Operator Certificate, 

And 

Operation Specifications
~

GOVERNMENT OF DURAl :L.....J~~':i, DEP~RTMENT o~[CON~MIC :; '<). ; DEVELOPMENT ~ " ;;~I~ ,C,J

~w~ ~.) . .)

Commercial License

License No.

Company

Name MIDEX AIRLINES (L.L.C)

590062

Trade Name

MIDEX AIRLINES (L.L.C) 

al Type

Limited Liability Company(LLC)

piry Date

09/01/2011 ~~)'I ~l:i Issue Date

561636361

~I r!,;!\ Main

License No.

r.S.;~1 1003907 ~I r!.; DCCI No.

10/01/2007

590062

114435

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c''il~,;!I r!.;

________ L

Share I ~I Role I'-.L..:.JI

Manager 1 ~

Nationality I ~\

United States 1 ~.>'I

No./~1 iJ.;

239277

Name 1 c""''il

..1I1.JP.- <.)'411 ~~

-- 1'· ,~·~I --- Telephone 971-4-2146808 ~ .;.;J\ - '.J:!-> - ",.;JI.1.y:....lA.>.1 w}~ dl.. 10£ "'.; y:&. ..- Fax 971-4-2146809 ~I.!

Mobile No 971-50-5523617 ~~I U:ilfJl

Air Lines Of Passengers & Cargo Transportation

Air Cargo Services

P.O. Box

•.• I ••

~""'..-j'.t'-l""'_\'~"t.~J I ~~IJ ytS.)J ",yJl J:illJ ul,;,J..1.~

~~ ",yJl ~I wL...b.

9636

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2009-2-2.) y:&.J1 JJJ ,.:;

www.dubaided.gov.ae

Print Date 03/02/2009 9:57

Receipt No. 10470884

~4h11 t;.o...J~

J-..a.i,!liJ-J
GOVERNMENT OF DURAl L.....J..I~':1,:; DEP~RTMENTO'FECON~MICDEVELOPMENT . <1.: ~ II ;;~'..1 ,C~J

I .lS~I-~ . I Partners

--------------------~~~~

D&B D-U-N-S 561636361 .,.JWI riJI License No. 590062 4....::..;.)1 ~.)

®No.

-- --'L- r .~:Ji~~~~ ~ Name I ~'il

..,....,u)1 ~)I~ J,.4J1~ ~ ••...• ~

..1.\.JP. U'4J1 tl.=

51.000000 %

49.000000 %

Sr. No./~1 J...l......

17204

239277

Nationality I ~I

wIJ.•'iI/ United Arab Emirates

~Y'I / United States

www.dubaided.gov.ae




EXHIBIT MA-02

Key Management Personnel 
MIDEX AIRLINES 

Key Management Personnel

Name Position Citizenship Business Address E-mail 

Dr. Issam KHAIRALLAH President United States of America PO Box 9636, Dubai, UAE khairallah.issam@midexairlines.ae 

Mr. Jassim ALBASTAKI Director General United Arab Emirates PO Box 9636, Dubai, UAE albastaki.jassim@midexairlines.ae 

Mr. Georges IBRAHIM Chief Operating Officer Lebanon PO Box 9636, Dubai, UAE ibrahim.georges@midexairlines.ae 

Mr. Mark MCDONALD Director of Flight Operations United States of America PO Box 9636, Dubai, UAE mcdonald.mark@midexairlines.ae 

Mr. David MCLANE Director of Ground Operations United States of America PO Box 9636, Dubai, UAE mclane.david@midexairlines.ae 

Mr. George ZUREIK Director of Maintenance Jordan PO Box 9636, Dubai, UAE zureik.george@midexairlines.ae 

Mr. Venkat CHERUKURI Director of Quality Assurance New Zealand PO Box 9636, Dubai, UAE cherukuri.venkat@midexairlines.ae 

Mr. Timothy MINION Director of Security United States of America PO Box 9636, Dubai, UAE minion.timothy@midexairlines.ae 

Mr. Gordon TOMLINSON Director of Safety United States of America PO Box 9636, Dubai, UAE tomlinson.gordon@midexairlines.ae 

Captain Campbell MACKENZIE Director of Training United Kingdom PO Box 9636, Dubai, UAE mackenzie.campbell@midexairlines.a

Captain Mario LOMBARDO Chief Pilot B747-228F Italy PO Box 9636, Dubai, UAE lombardo.mario@midexairlines.ae 

Captain John CASEY Chief Pilot A300B4-203F United States of America PO Box 9636, Dubai, UAE casey.john@midexairlines.ae 

Mrs. Jeena ANTONY Manager of Accounts India PO Box 9636, Dubai, UAE antony.jeena@midexairlines.ae 

* None of the above mentioned persons are related to one another by blood or marriage.
EXHIBIT MA-03

Certificate of Insurance


EXHIBIT MA-04

Financial Statements 

[Confidential Treatment Requested Under § 302.12]
EXHIBIT MA-05

Traffic and Financial Forecasts 

[Confidential Treatment Requested Under § 302.12]
EXHIBIT MA-06

 

OST Form 4523 

EXHIBIT MA-07

 

Statement of Verification