UNITED STATES: DOT fines Air France, KLM for Iraq Airspace Transit Violations
WASHINGTON D.C., United States: US DOT has fined Air France, KLM for improper use of the Baghdad FIR.
WASHINGTON D.C., United States
- The U.S. Department of Transportation (DOT) issued Consent Order 2026-10-9 on 23 October 2026 against Société Air France, S.A. for operating more than 30 codeshare flights carrying Delta Air Lines’ DL designator code through the Baghdad Flight Information Region (ORBB FIR) below Flight Level 320 between April 2022 and November 2025.
- The flights violated the conditions of Air France’s statement of authorization for codeshare operations. Foreign carriers displaying a U.S. carrier’s code must observe Federal Aviation Administration (FAA) flight prohibitions that apply to U.S. operators.
- Special Federal Aviation Regulation (SFAR) 77, 14 CFR 91.1605, prohibits U.S. air carriers, commercial operators and certain other parties from operating in the ORBB FIR below FL320. The restriction was amended and extended on 16 October 2020 and remains in force until 26 October 2027.
- Air France stated it had planned to operate the flights above FL320 but that local air traffic control repeatedly instructed crews to descend or refused climb clearances because of conflicting traffic. It argued the operations fell under the emergency-situations exemption in SFAR 77.
- The DOT rejected that defence. It said Air France knew or should have known that controllers were directing aircraft below FL320 on the route and should have taken preventive measures such as rerouting or removing the DL code. The order does not penalise crews for complying with airborne air traffic control instructions.
- The order finds Air France violated 49 U.S.C. § 41301 by engaging in foreign air transportation without the proper economic authority. It directs the carrier to cease and desist from further similar violations.
- Air France is assessed a compromise civil penalty of USD 105,000. Of that amount, USD 65,000 is due and payable within 60 days of the order. The remaining USD 40,000 becomes due only if Air France violates the cease-and-desist or payment provisions within one year.
- On the same day the DOT also issued a separate consent order against KLM Royal Dutch Airlines for more than 100 similar DL-coded flights through the ORBB FIR below FL320 between January 2022 and May 2025, assessing a compromise penalty of USD 320,000.
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