Order 20 1 3

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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY
WASHINGTON, D.C.

Issued by the Department of Transportation

on the 21 st day of June , 20 1 3

Served: August 22, 2013

Application of

A ERONEXUS CORPORATE (PTY) LTD Docket DOT

- OST

- 2013

- 0073

for an exemption under 49 U.S.C. § 40109 and a foreign air carrier permit under 49 U.S.C. § 41301

FINAL ORDER

By Order 20 1 3

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, issued on May 30 , 20 1 3

, we dire cted all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave

i nterested persons 21 days to file objections to the Order. We said that if no objections are filed, all further procedural steps shall be deemed waived, and the Department will enter an order (subject to Presidential review under 49 USC §41307) which will make final the findings and conclusions of the

Order.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in O rder 2013

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- 17 and award to Aeronexus Corporate (PTY) Ltd t he foreign air carrier permit subject to the conditions attached to the Order (and attached to the present order as Appendix A);

2. Unless disapproved by the President of t he United States under 49 USC § 41307, this order shall

become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advice from the President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to disapprove the Department’s order under th at section, whichever occurs earlier; 1

3. To the extent not acted upon above, we dismiss all remaining requests for relief in Docket DOT

OST

- 201 3

- 0073 ; and

1 This order was submitted for review under 49 USC §41307 on June 21, 2013

. The 61 st day is August 21, 2013

. Since the President or his designee did not disapprove this order before that date, it became effective on August 21, 2013

.4 . We will serve a copy of this order on the applicant, the Embassy of South Africa in Wa shington, D.C., the Department of State, and the Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation (SEAL)Issued by

Order 20 1 3

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### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATI ON

OFFICE OF THE SECRETARY WASHINGTON, D.C.

-------------------------------------------------------- FOREIGN AIR CARRIER PERMIT



### ---------------------------------------------------------



### AERONEXUS CORPORATE (PTY) LTD

A Foreign Air Carrier of South Afric a

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, rules, and regulations of the Department of Transportation, to engage in:

Charter foreign air transportation of persons, property and ma il between any point or points in South Africa and any point or points in the United States.

The holder shall also be authorized to engage in other charter trips in foreign air transportation, subject to the terms, conditions, and limitations of the Depar tment’s regulations governing charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms, conditions and limitations in both the order issuing this permit and the attachment to this order, and to all applicable

pr ovisions of any treaty, convention or agreement affecting international air transportation now in effect, or that may become effective during the period this permit remains in effect, to which the United States and

the holder’s homeland are or shall become parties.

This permit shall be effective on August 21

, 2013, and shall terminate five years thereafter; provided, that if during said period the operation of the foreign air transportation authorized becomes the subject of any treaty, convention or agree ment to which the United States and the applicant’s homeland are or shall become parties, then this permit is continued in effect during the period provided in such treaty, convention, or agreement.The Department of Transportation has executed this perm it and affixed its seal on June 21, 2013

.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Foreign Air Carrier Permit Conditions Appendix A

In the conduct of the operations authorized, the foreign carrier applicant sh all:

1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compli ance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States, cont act its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR of its plans and to find out whether the Transportation Security Administration has determined that security is adequ ate to allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a co mpleted OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

6) Except as specifically exe mpted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of sovereign immun ity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, acc ording to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any inte rnational agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that all States s hall be considered to be High Contracting Parties for the purpose of this definition;

8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CF R Part 217, concerning the reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and

with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit D epartment approval under Title 49 of the U.S. Code.

12/2007