BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

) 

Request ) 

) 

of Silk Way West Airlines ) Docket OST 2014-0111 

to amend issued exemption authority and ) 

pending application for a foreign air carrier permit ) 

and motion to expedite processing ) 

(Baku-Hong Kong-Chicago-New York-Luxemburg-Baku) ) 

RESPONSE OF SILK WAY WEST AIRLINES 

TO ANSWERS OF NATIONAL AIRLINES 

TO SILK WAY WEST AIRLINES 

MOTION TO EXPEDITE PROCESSING AND 

REQUEST OF SILK WAY WEST AIRLINES 

TO AMEND EXEMPTION AUTHORITY 

Communications with respect to this document should be sent to: 

KAMRAN GASIMOV 

Director/CEO 

GLENN P. WICKS 

EKATERINA A. GRIMES 

SILK WAY WEST AIRLINES 

Heydar Aliyev International Airport 

Baku, AZ-1 044, Republic of Azerbaijan 

Dated: October 24, 2014 

THE WICKS GROUP, PLLC 

733 101

h Street NW, Suite 3002 

Washington, DC 20001 

(202) 457-7790 

gpwicks@wicks-group.com 

ekagrimes@wicks-group.com 

For: SILK WAY WEST AIRLINES 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

) 

Request ) 

) 

of Silk Way West Airlines ) Docket OST 2014-0 I 11 

to amend issued exemption authority and ) 

pending application for a foreign air carrier permit ) 

and motion to expedite processing ) 

(Baku-Hong Kong-Chicago-New York-Luxemburg-Baku) ) ____________________________________ ) 

RESPONSE OF SILK WAY WEST AIRLINES 

TO ANSWERS OF NATIONAL AIRLINES 

TO SILK WAY WEST AIRLINES 

MOTION TO EXPEDITE PROCESSING AND 

REQUEST OF SILK WAY WEST AIRLINES 

TO AMEND EXEMPTION AUTHORITY 

On October 8, 2014, Silk Way West Airlines ("Silk Way West) submitted to 

the Department of Transportation ("Department") a request that the exemption authority 

granted to it by Order 2014-8-125 in Docket DOT-OST-2014-0lllbe expanded to allow it 

to implement scheduled air transportation of property and mail on the route Baku-Hong 

Kong-Chicago-New York-Luxemburg-Baku, with no US domestic cargo transportation 

between the points of Chicago and New York ("Request to Amend"). Silk Way West 

further motioned the Department for expedited consideration of its Request to Amend, and 

was polling the US carriers on the attached service list. 

In its Request to Amend Silk Way West stated that it was requesting the 

broader authority and the expedited consideration of its request in order to ensure greater 

economic efficiency and a better benefit to the current market of cargo air transportation. 

Silk Way West further maintained that an expedited consideration and grant of its Request 

to Amend is in the public interest as Silk Way West will provide the much needed services 

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in the U.S.-Azerbaijan aviation market, as well as in the broader international market of 

cargo air transportation by providing additional capacity and helping to meet the 

requirements for cargo air transportation services in the high season and peak demand. Silk 

Way West's ability to timely implement its service during the high season will also serve as 

a justification and incentive for its recent acquisition ofbrand new Boeing 747-8F aircraft. 

Silk Way West also stated that, pending finalization of the broader bilateral 

undertakings between the United States and the Republic of Azerbaijan, its proposed 

services that are the subject of the Request to Amend are based upon comity and reciprocity 

between the Government of the United States and the Government of Azerbaijan, and that 

Silk Way West had been formally designated by the State Civil Aviation Administration of 

the Republic of Azerbaijan (SCAA) to operate the proposed services. A formal letter from 

the State Civil Aviation Administration of the Republic of Azerbaijan confirming Silk Way 

West's designation for the specific route requested herein, as well as reiterating SCAA's 

adherence to the principles of comity and reciprocity in considering any similar applications 

from US carriers, is being currently transmitted to the Department. Silk Way West 

continued polling its Request to Amend past the requested shortened comment period 

pending transmission of the designation and reciprocity letter to the Department. 

On October 20, 2014, Silk Way West received the Answer of National Airlines 

("National") to Silk Way West's Motion to Expedite Processing containing an objection to 

the Motion to Expedite and a statement that National will be filing answers to the 

application to amend Silk Way West's authority "due to problems it has encountered in 

Azerbaijan." 

On October 23, 2014, Silk Way West received a second answer ofNational 

enumerating its objections. Specifically, National states that the Department should not 

grant the requested authority on the grounds that (1) nothing has changed since the initial 

grant of authority; (2) the service requested is " incredibly broad" in nature; (3) the DOT 

should not "change its original decision" (pinning its analysis to the idea that DOT did not 

- 3-
grant this in its initial grant of authority); and ( 4) National has "on multiple occasions" not 

received crew visas "in and out of Baku." For these reasons, National argues that DOT 

should deny Silk Way West's pending request to amend its authority. 

In response to National's October 20, 2014 and October 23, 2014 filings, Silk 

Way West hereby submits as follows: 

National has offered scant substantive grounds for its response. Following 

National's initial filing, Silk Way West, through its senior executives, reached out to their 

counterparts at National to seek clarification of National's alleged concerns. Instead of 

responding with a specific concern that Silk Way West could promptly address, National 

chose to wait several days to file its answer through counsel. Given the actual amount of 

time required to draft a responsive pleading that can essentially be reduced to a single 

paragraph in substance, Silk Way West finds it hard to believe that this is anything more 

than an effort to game the Department's procedural rules to delay a decision for a short term 

business advantage for National. 

Similarly, the suggestion by National in its initial filing that there are 

"problems it has encountered in Azerbaijan" has not in any way been substantiated by 

National in its second filing, and seems to be a gross overstatement. First, there is only one 

"problem" cited- namely that certain crew visas "in and out of Baku" have been denied. 

On its face, National fails to cite even one instance. Indeed, there is no allegation that there 

is currently a problem. 

Visa matters do infrequently become problematic both for foreign carriers 

operating to the United States, and US carriers operating to other countries. However, 

predominantly, such problems are resolved through cooperative work of those carriers with 

the Consulates and other appropriate entities of respective countries. Upon inquiry, Silk 

Way West has been advised that National's visa issues have consistently been resolved in 

Baku through appropriate channels. Specifically, in one case when at the end of January 

2014 several flights by National were delayed in Baku for several days which caused the 

- 4 -
involved crews to outstay the 72-hour visa-free stay limit that was available to them, with 

the assistance of Silk Way West and Baku Logistics Center management, the issue was 

resolved with Azeri immigration authorities promptly and without any delay of the flight 

departures. Similarly, other instances of crews outstaying the 72-hour limit due to weather 

or other operational concerns of National were resolved by National's representatives in 

Baku. Silk Way West, in fact, notes that National's representatives in Baku have 

commended the level of cooperation and the level of support National has been receiving in 

its Baku operations. See Exhibit 1. 

Similarly, in cases when Azeri carriers have faced visa issuance problems for 

their crews flying to the United States, rather than attempting to use the issue as a basis to 

stop National or other US carriers' ongoing operations, they worked diligently with the US 

and Azeri consulates to establish a procedure to resolve the problem. Indeed, Silk Way 

West expects to do the same when it initiates its US services. Moreover, the fact that Silk 

Way West had to itself inquire to determine the nature of National's objection, when 

National would indicate how little National is willing to exert itself- even when attempting 

to establish an objection before the Department of Transportation, is telling in itself. The 

DOT should not give weight to such lightly considered objections. 

Therefore, it remains unclear to Silk Way West why National sees fit to object 

to Silk Way West's mere ability to initiate a meaningful and economically beneficial 

operation, based on that which is a common experience in both the US and other countries. 

That National has raised this to the level of an objection in a pending application for 

authority is irresponsible. Once again, this appears to be a thinly veiled delay tactic 

calculated to prevent Silk Way West from starting a timely and commercially sound 

operation during the traditional high season for cargo that would benefit the shipping public. 

This has a clear and actual harmful effect on the shipping public with no obvious redeeming 

value. 

- 5 -
Furthern1ore, National argues that (1) nothing has changed since the initial 

grant of authority; (2) the service requested is " incredibly broad" in nature; and (3) the DOT 

should not "change its original decision." These assertions have no merit. First, Silk Way 

West's original request for authority was broadly stated and did not stipulate the route that is 

the subject of this proceeding. Silk Way West did request intermediate points, but did not 

specify those points. As such, its request for amendment specifies intermediate points that 

are necessary to make the service economically viable. At the time, DOT informed Silk 

Way West that it would issue a more limited authority than requested, but in the event that 

Silk Way West had specific plans to start a specific route, Silk Way West should request it 

and it would be given due consideration. Hence, something has changed since the original 

request for authority. Namely, Silk Way West has a specific route and specific members of 

the shipping public it wishes to serve and is, consistent with DOT's indications, now 

requesting it. Moreover, the service requested is not "incredibly broad." Rather, it is quite 

specific albeit consistent with Silk Way West's original request. National might notice that 

the header to this application notes it as "Baku-Hong Kong-Chicago-New York-LuxemburgBaku." Silk Way West is unsure how four intermediate points on a Baku to Baku route has 

become "incredibly broad" authority. Rather, its request is specific and tailored to Silk Way 

West's customer needs. Notably, National has been exercising extensive de facto fifth 

freedom charters in its operations to/from Baku as a part of the USTC multi-modal program. 

Silk Way West further states that, as is evidenced in the applicable letter supporting 

comity and reciprocity, that the Government of Azerbaijan is both willing and ready to 

support reciprocal rights. As noted above, National, along with numerous other US carriers, 

has already operated extensive operations from Baku under the multi-modal program for the 

United States Transportation Command, including fifth freedom rights. Therefore, contrary 

to National's statement, comity and reciprocity has indeed been demonstrated by the Azeri 

side in its treatment of US carriers operating to/from and through Azerbaijan. 

- 6 -
In this regard, Silk Way West notes that DOT's willingness to entertain its request 

during the on-going negotiations for open skies, of which Silk Way West has been 

consistently supportive, is deeply appreciated and will continue to be met with reciprocal 

rights. Indeed, Silk Way West urges that DOT not allow the small-minded short term 

interests of a bankrupt (and possibly soon to be defunct) carrier to influence the long-term 

positive relationship that the Government of Azerbaijan and the Government of the United 

States have enjoyed over many years. 

Finally, Silk Way West hereby notifies the Department that it has completed the poll 

of it pending Request to Amend, and, with the exception ofNational's objection to shorten 

the comment period and its subsequent answer, has not received any procedural or 

substantive objections, comments or answers from any other carrier on the service list. 

* * * * * * * 

WHEREFORE, Silk Way West respectfully requests that the Department grant 

its request for a foreign air carrier permit and exemption, as amended, to allow it to 

implement scheduled air transportation of property and mail on the route Baku-Hong KongChicago-New York-Luxemburg -Baku (with no US domestic cargo transportation between 

the points of Chicago and New York), or such other or further relief as the Department 

determines to be appropriate and consistent with the public interest. Silk Way West also 

respectfully motions the Department for expedited consideration of its pending Request. 

Respectfully submitted, 

J){L, f /IJ:a 

GLENN P. WICKS 

Counsel for Silk Way West Airlines 

+ 

EKATERINA A. GRIMES 

Consultant for Silk Way West Airlines 

- 7-
EXHIBIT 1 
From: Rohan Wijayasundara [ mailto:rwijayasundara@nationalaircargo.com] 

Sent: Friday, February 07, 2014 11:52 AM 

To: Teymur Qasanov 

Cc: Alan White 

Subject: Thank You ! 

Dear Sir, 

Salam, 

First of all, on behalf of our Senior Management, we would like to thank you from the bottom of our hearts for all your 

kind assistance that was rendered to us from day one up to this minute as I type this message. It truly gives us immense 

pleasure working with you and all associates of the various departments here at Baku Cargo Terminal. As a result, it has 

given us confidence and strong spirit for our upcoming OJ?erations at GYD. 

All in all, we look forward for a long lasting affiliation with you and all at BCT. 

Here's wishing you a pleasant and eventful w~ekend . 

Best Regards, 

Lt Col (Retd) Rohan Wijayasundara RWP RSP BA ( Def) 

National Air Cargo 

Baku, Azerbaijan 

GSM # + 994 5145 207 95 

INATTONM 

DESTINATION EXCELLENCEIMPORTANT NOTICE: This e·mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail 

messages to clients of National Air Cargo may contain information that is confidential and legally privileged and must not be forwarded to other parties. If you have 

received this message in error, please forward it to the sender and delete it completely from your computer system. 

1 
CERTIFICATE OF SERVICE 

I hereby certify that I have on this day served a copy of the foregoing document upon 

each of the following electronic ma il addresses: 

sascha. vanderbellen@delta.com 

sametta.c.bamett@delta.com 

chris. walker@delta.com 

dshort@fedex.com 

sllunsford@fedex.com 

nssparks@fedex.com 

gbleopard@fedex.com 

msinick@ssd.com 

enisson@nac.aero 

mwiegele@nac.aero 

kevin.montgomery@polaraircargo.com 

peter. beckett@polaraircargo.com 

dan. weiss@coair.com 

dan. weiss@united.com 

pdoell@naca.cc 

robert. wirick@aa.com 

francis.heil@aa.com 

howard kass@usairways.com 

benjamin.slocum@usairways.com 

rsilverberg@sgbdc.com 

jjohnson@sgbdc.com 

jrichardson@johnrichardson.com 

mriordan@j ohnrichardson.com 

jcanny@amerijet.com 

john@mietuslaw .com 

rpommer@atlasair.com 

matwood@cozen.com 

nwallace@waUaceair.com 

agoerlich@ggh-airlaw.com 

dhainbach@ggh-airlaw .com 

judy@lac.l ynden .com 

rzerkel@lac.lynden.com 

gwhite@lac.lynden.com 

jdavis@lac.lvnden.com 

Ekaterina A. Grimes 

TGillies@southemair.com 

info@airlineinfo.com 

anita.mosner@hklaw.com 

j ennifer.nowak@hklaw .com 

dsmalls@ups.com 

stephen.lachter@lachterlaw .com 

pmurphy@lopmumhy.com 

kleake@ggh-airlaw .com 

EngleTS@state. gov 

Dated: October 24,2014