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April 15, 2015

By Hand Delivery and www.regulations.gov

DOCKET NUMBERS:

DOT-OST-2015-0082

U.S. Department of Transportation

DOC-2015-0001

U.S. Department of Commerce

DOS-2015-0016

U.S. Department of State

Anthony Foxx

Secretary of Transportation

U.S. Department of Transportation

1200 New Jersey Ave., SE

Washington, DC 20590

John Kerry

Secretary of State

U.S. Department of State

2201 C St., NW

Washington, DC 20520

Penny Pritzker

Secretary of Commerce

U.S. Department of Commerce

1401 Constitution Ave., NW

Washington, DC 20230

Re: Emirates Request for Public Release of Documents Sent to or Received From the

Partnership for Open & Fair Skies, Delta Air Lines, American Airlines and United

Airlines

Secretary Foxx, Secretary Kerry and Secretary Pritzker:

On behalf of our client, Emirates, we request that the U.S. Departments of Transportation,

Commerce, and State release the materials received from, and requests for information and

questionnaires issued to the Partnership for Open & Fair Skies, Delta Air Lines, United Airlines and

American Airlines (collectively the “Coalition”), regarding their allegations related to airline

subsidization.
Letter to Secretary Foxx, Secretary Kerry

and Secretary Pritzker

- 2 - April 15, 2015

www.regulations.gov

On April 10, each of the U.S. agencies listed above issued notices and press releases announcing

an open forum (through www.regulations.gov) for stakeholders to provide comments and submit

information regarding Coalition allegations of subsidization of Emirates, Etihad Airways and Qatar

Airways.

The Coalition’s subsidy allegations against Emirates are demonstrably false, as Emirates will

conclusively demonstrate.

The agencies stated in their press releases that the recent allegations by the Partnership for Open &

Fair Skies (which includes the three air carriers named above and labor unions) are of significant

interest to all stakeholders, as well as the three agencies. The agencies also stated their

commitment to transparency, public participation, and collaboration during the comment process,

and that interested stakeholders would have access to information submitted by other stakeholders.

In the spirit of the agencies’ commitment to transparency and access to information submitted by all

stakeholders, Emirates asks the agencies to immediately release into the “open forum” the materials

received from, and requests for information and questionnaires issued to the Partnership for Open &

Fair Skies,1as well as the carriers supporting the Coalition, regarding allegations related to airline

subsidization. In accordance with the agencies’ notices, such information should only be withheld

and denied to the public if it includes trade secrets, or confidential commercial and financial

information. Further, to the extent that information was disclosed in the Partnership’s publicly

released White Paper, such information is no longer subject to confidential treatment. To the extent

that there are documents that are entitled to confidential treatment, the Department of Transportation

and others can invoke their well-established confidentiality procedures to provide Emirates and its

counsel access to that information.

Emirates respectfully submits its own interest in a transparent and balanced evaluation process that

allows Emirates to defend itself against the pernicious falsehoods that have wrongly been advanced

against it. It would be fundamentally unfair for Emirates to be asked to respond to specific

allegations when it continues to be denied full access to all of the materials the Coalition claims

support those allegations. Emirates submits that release of the requested documents and

information will enable a fair, more thorough and more balanced evaluation and assessment of each

of the Coalition’s claims.

In addition to the Partnership’s publicly released White Paper, Emirates understands that the

Coalition has made other submissions or provided certain annexes to one or more agencies

involving subsidy allegations that have not been disclosed. We also understand that one or more of

the agencies issued several questions in March 2015 to American Airlines, Delta Air Lines and

United Airlines (and perhaps others) related to their allegations against Emirates and other airlines.

Emirates requests that these questions also be publicly released immediately and posted on the

www.regulations.gov website under the corresponding docket numbers (along with any responses

from the Coalition airlines once submitted). Emirates expects that its comments will address both the

false allegations against it and the questions issued by the agencies to the Coalition.

* * *

1 Our understanding is that the Coalition’s website does not disclose all the information and documents it

and its members have provided to the U.S. Government.

Letter to Secretary Foxx, Secretary Kerry

and Secretary Pritzker

- 4 - April 15, 2015

www.regulations.gov

Caroline Atkinson, Deputy Assistant to the President and Deputy National Security Advisor

for International Economics

Jason Miller, Deputy Director of the National Economic Council

John Galloway, Chief of Staff to Jeffrey Zients

Nathaniel Loewentheil, Senior Policy Advisor to the National Economic Council

Paul Marin, Director, Trade and Investment, National Security Council