Foreign Travel Guidance

Fly America Act and Open Skies Agreements Guidance

If a traveler is traveling on funds provided by the federal government, the Fly America Act (statutory law) requires travelers to use a U.S. flag carrier (an airline owned by an American company), regardless of cost or convenience.

If you are scheduling international travel that is federally funded, you must ensure that all flights, where possible, are scheduled on U.S. flag carriers or on foreign air carriers that code share with a U.S. flag carrier. Code sharing occurs when two or more airlines “code” the same flight as if it was their own. In other words, a U.S. airline may sell a seat on the plane of a foreign air carrier; this seat is considered the same as one on a plane operated by a U.S. flag carrier. Compliance with the Fly America Act is satisfied when the U.S. flag air carrier's designator code is present in the area next to the flight numbers on the airline ticket, boarding pass, or on the documentation for an electronic ticket (passenger receipt).

For example, Delta has a code share agreement with Air France to Paris, France. If the boarding pass (flight coupon) or e-ticket identifies a flight as DL ##, the requirements of the Federal Travel Regulations would be met, even if the flight was on an Air France airplane. If, however, the boarding pass (flight coupon) or e-ticket identifies the flight as an AF ##, then the requirements of the Federal Travel Regulations would not be met.

Exceptions to the Fly America Act

The most common exception to the Fly America Act is the Open Skies Agreement. On October 6, 2010, the United States and European Union (EU) “Open Skies” Air Transport Agreement was published by the U.S. General Services Administration providing full explanation of the multilateral agreement in place so that qualifying travelers, whose travel is supported by federal funds, may travel on European Union airlines as well as U.S. Flag Air Carriers. A list of current member countries of the European Union is available at the Europa web site. There are also Open Skies agreement with Australia, Switzerland and Japan.

What do these Open Skies Agreements mean to you?

European Union

When traveling to a destination serviced by a European Union airline, Dartmouth travelers flying on a Federal award can fly on either a US carrier or an EU (European Union) carrier.

Australia

Dartmouth travelers using federal dollars can use an Australian airline only if a point of origin is either the US or Australia.

Switzerland

Dartmouth travelers using federal dollars can use an Swiss airline only if a point of origin is either the US or Switzerland.

Japan

Dartmouth travelers using federal dollars can use a Japanese airline only if a point of origin is either the US or Japan.

Exceptions

There are other exceptions to the Fly America Act which may be appropriate as well. A list of exception criteria may be found in the Federal Travel Regulation Guidelines – FTR sections 301-10.135-138. Please note that lower cost and personal convenience are not acceptable criteria for justifying the non-availability of a U.S. –flag air carrier.

If there are no U.S. flag carriers going to the traveler's destination, the traveler must contact the Office of Sponsored Projects.

Here is a checklist of scenarios to consider when discussing with the Office of Sponsored Projects:

  • If traveling to and from the U.S., and a U.S. flag air carrier offers nonstop or direct service (no aircraft change) from your origin to your destination, you must use the U.S. flag air carrier service unless such use would:
    • Extend the travel time, including delays at origin, by 24 hours or more.
  • If a U.S. flag air carrier does not offer nonstop or direct service from your origin to your destination for travel between the U.S. and another country, or if travel is solely outside of the U.S. and results in one of the following:
    • Use of a U.S. flag air carrier increases the number of aircraft changes you must make outside of the U.S. by 2 or more.
    • Use of a U.S. flag air carrier extends your travel time by 6 hours or more.
    • Use of a U.S. flag air carrier requires a connecting time of 4 hours or more at an overseas interchange point.
  • Use of a Foreign air carrier is necessary if one of the following applies:
    • For medical reasons (a medical note is on file) or unreasonable risk to traveler’s safety.
    • A U.S. flag air carrier involuntarily reroutes traveler on to a foreign air carrier.
    • Seat on U.S. flag air carrier in authorized class of service (lowest economy fare) is unavailable; seat on foreign air carrier in authorized class of service is available.
    • Short-distance travel on a foreign carrier is three hours or less, and use of U.S. flag air carrier doubles the travel time.
    • No U.S. flag air carrier service available on a particular leg of the travel itinerary at the time of booking.
  • Travel meets U.S. Open Skies Agreements in accordance with FTR 301-10.135 (b) and FAR 47.403-2. (Does not apply to Department of Defense funds):
    • Travel is between a point in the U.S. and a member country in the European Union, Norway or Iceland; or between two points outside the U.S.; and 2) the airline carrier is from a member country in the European Union open skies agreement with the U.S.
    • Travel is between a point in the U.S. and Switzerland; between the U.S. and Australia; or between the U.S. and Japan; or between two points outside the U.S.; and 2) the airline carrier is from the respective country that has an open skies agreement with the U.S.

 

 

 

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