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In brief , a US company resorts to allegations of terrorism to shut out potential competition from an Indian firm .
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Originally published by The Hindustan Times
The plan of the Jet Airways to launch the Mumbai-Newark flight -- the first by any private Indian airline -- from June 23 seems to have received a major setback.
A little known American airlines with the same name tag has challenged before the US Department of Transportation (DOT) the Jet Airways' application seeking a "foreign air carrier permit" under the open skies agreement signed between India and the US in mid-April.
The Delaware-based Jet Airways Inc, which is yet to launch its commercial operations, in its objection on May 23 before DOT claimed that the Jet Airways (India), if given the permit, would threaten the US' national security as this would allegedly give Al-Qaeda "scope to fly and control aircraft" over American cities.
Primarily based on media reports, published in India, the Jet Airways Inc in its objection has alleged that ever since the Jet Airways (India) was started and planned in 1991, it has been "funded by Al-Qaeda and Specially Designated Global Terrorist Dawood Ibrahim".
Early this month, the UN had named Dawood in the "most -wanted" list of individuals having links with the Al-Qaeda.
"No matter how wonderful the service and the (Jet) airline may be in India, it is still an enterprise which is used to launder money for Al-Qaeda and is still an Al-Qaeda airline," alleged Nancy M Heckerman, Chief Executive Officer and President of the Jet Airways Inc.
"It does not matter how much clean and non-criminal their passengers may be in India, the fact remains that such funds are commingled with the original black money from the Al-Qaeda and specified unlawful activity," he added.
"The first dollar that would be made by Jet Airways (India) in the US would be criminally tainted in gross violation of the Laundering of Monetary Instruments (1956) and engaging in monetary transactions in property derived from specified unlawful activity."
The Jet Airways Inc further went on to say, "Secretary Mineta would never welcome Jet Airways (India) if he was made aware of Naresh Goyal and Dawood Ibrahim's plan to inflict real and imminent danger on the United States."
Referring to the Jet Airways (India) statement in its May 2 application that it would soon be "designated and licensed by India to operate the services authorised under the bilateral agreement", the Jet Airways Inc claimed this means the Indian company could not legally fly to the US from India at this time, even if they are "granted" foreign air carrier permit because the Indian licenses have not been granted yet.
"Is this the reason that other Indian airlines have not applied for this permit in the US?" the Jet Airways Inc asked. It pleaded before the Department of Transportation and Transportation Secretary Norman Mineta not to issue the foreign air carrier permit to Jet Airways (India).
However, Jet Airways (India) has said that the allegations of it having links with global terrorist network Al-Qaeda are not only sensational, unsupported and offensive but also scurrilous.
Jet, in its reply to the DOT on May 27, categorically said that neither the company nor its chairman Naresh Goyal, "has or had at any time, any association, financial or otherwise with any underworld or terrorist groups or individuals, including Al-Qaeda and Dawood Ibrahim."
"It has falsely accused the Jet Airways of being an "Al-Qaeda airline" and has otherwise attempted to besmirch the reputation of the company and its chairman," it claimed in its reply, a copy of which has been made available to the HindustanTimes.com.
The company further asserted that since its inception, all equity contributions have been made through legitimate sources and with necessary approval from the Government of India.
"All aircraft acquisitions and operations have been financed through the internationally accredited multilateral institutions and banks including the Export-Import Bank of the US, the International Finance Corporation and other prominent commercial banks and financial institutions in India and abroad," it said.
May 23 was the last date for filing objections to the Jet's application of May 2 before the DOT. No other objection has been filed so far.
Despite Jet Airways' refutation, the fact that US security agencies are "hyper sensitive" to anything even remotely related or linked to Al-Qaeda, has sent 'jitters' among the officials of this major private Indian airlines.
It is now understood that DOT has sought the view of the US Department of Homeland Security, which is believed to be thoroughly verifying the allegations, Therefore, any decision on the issuance of "foreign air carrier permit" to Jet Airways (India) has been put on hold for the time being.
"We are reviewing the application after the objections were raised and replies filed by the Indian company. It is hard to say when a decision would be taken, but we would try our best to give the decision as quickly as possible," DOT spokesman Bill Mosley told HindustanTimes.com.
The Jet Airways (India), which in early May had announced to launch Mumbai-Brussels-Newark flight from June 23, urged before the Department of Transportation the "baseless allegations" provided no legitimate basis to delay prompt issuance of the exemption and permit authority requested by it.
Commenting on the charges of similar trade name, the Jet Airways (India) claimed this was beyond the purview of the Department of Transportation to decide. "The matter is currently being addressed before the US Patent and Trademark Office."
It claimed that there was no confusion between Jet Airways (India) and Jet Airways Inc. While it is an established international airline that has concrete plans to operate long-haul service between India and the US, the Jet Airways Inc at present do not even has an "air carrier" permit.
"As such, in absence of any compelling information regarding actual or potential public harm or confusion, the Department of Transportation" has no basis to intervene in trade dispute.
Referring to its recent successful public offering, it claimed this was a testament to the faith and confidence that global investors and the travelling public have in Jet Airways. "Such public faith and confidence have developed only after years of reputable, successful air service and prudent business decisions," it claimed.
It denied allegations that the company had authorised any associate to make any threatening or other inappropriate communications to the US airline.
The Jet Airways said that in order to start its India-US service by June 23, it was pursuing the authorities from all the three countries - India, Belgium and the US - simultaneously, which is hardly unusual for the launch of such an international service.
Moreover, the Indian Foreign Ministry on May 9 designated Jet Airways (India) under the US-India open skies agreement. "Jet Airways is in the process of finalising all other necessary approval from the US, Indian and Belgian governments and remains eager to introduce its service on June 23," it said.
The plan of the Jet Airways to launch the Mumbai-Newark flight -- the first by any private Indian airline -- from June 23 seems to have received a major setback.
A little known American airlines with the same name tag has challenged before the US Department of Transportation (DOT) the Jet Airways' application seeking a "foreign air carrier permit" under the open skies agreement signed between India and the US in mid-April.
The Delaware-based Jet Airways Inc, which is yet to launch its commercial operations, in its objection on May 23 before DOT claimed that the Jet Airways (India), if given the permit, would threaten the US' national security as this would allegedly give Al-Qaeda "scope to fly and control aircraft" over American cities.
Primarily based on media reports, published in India, the Jet Airways Inc in its objection has alleged that ever since the Jet Airways (India) was started and planned in 1991, it has been "funded by Al-Qaeda and Specially Designated Global Terrorist Dawood Ibrahim".
Early this month, the UN had named Dawood in the "most -wanted" list of individuals having links with the Al-Qaeda.
"No matter how wonderful the service and the (Jet) airline may be in India, it is still an enterprise which is used to launder money for Al-Qaeda and is still an Al-Qaeda airline," alleged Nancy M Heckerman, Chief Executive Officer and President of the Jet Airways Inc.
"It does not matter how much clean and non-criminal their passengers may be in India, the fact remains that such funds are commingled with the original black money from the Al-Qaeda and specified unlawful activity," he added.
"The first dollar that would be made by Jet Airways (India) in the US would be criminally tainted in gross violation of the Laundering of Monetary Instruments (1956) and engaging in monetary transactions in property derived from specified unlawful activity."
The Jet Airways Inc further went on to say, "Secretary Mineta would never welcome Jet Airways (India) if he was made aware of Naresh Goyal and Dawood Ibrahim's plan to inflict real and imminent danger on the United States."
Referring to the Jet Airways (India) statement in its May 2 application that it would soon be "designated and licensed by India to operate the services authorised under the bilateral agreement", the Jet Airways Inc claimed this means the Indian company could not legally fly to the US from India at this time, even if they are "granted" foreign air carrier permit because the Indian licenses have not been granted yet.
"Is this the reason that other Indian airlines have not applied for this permit in the US?" the Jet Airways Inc asked. It pleaded before the Department of Transportation and Transportation Secretary Norman Mineta not to issue the foreign air carrier permit to Jet Airways (India).
However, Jet Airways (India) has said that the allegations of it having links with global terrorist network Al-Qaeda are not only sensational, unsupported and offensive but also scurrilous.
Jet, in its reply to the DOT on May 27, categorically said that neither the company nor its chairman Naresh Goyal, "has or had at any time, any association, financial or otherwise with any underworld or terrorist groups or individuals, including Al-Qaeda and Dawood Ibrahim."
"It has falsely accused the Jet Airways of being an "Al-Qaeda airline" and has otherwise attempted to besmirch the reputation of the company and its chairman," it claimed in its reply, a copy of which has been made available to the HindustanTimes.com.
The company further asserted that since its inception, all equity contributions have been made through legitimate sources and with necessary approval from the Government of India.
"All aircraft acquisitions and operations have been financed through the internationally accredited multilateral institutions and banks including the Export-Import Bank of the US, the International Finance Corporation and other prominent commercial banks and financial institutions in India and abroad," it said.
May 23 was the last date for filing objections to the Jet's application of May 2 before the DOT. No other objection has been filed so far.
Despite Jet Airways' refutation, the fact that US security agencies are "hyper sensitive" to anything even remotely related or linked to Al-Qaeda, has sent 'jitters' among the officials of this major private Indian airlines.
It is now understood that DOT has sought the view of the US Department of Homeland Security, which is believed to be thoroughly verifying the allegations, Therefore, any decision on the issuance of "foreign air carrier permit" to Jet Airways (India) has been put on hold for the time being.
"We are reviewing the application after the objections were raised and replies filed by the Indian company. It is hard to say when a decision would be taken, but we would try our best to give the decision as quickly as possible," DOT spokesman Bill Mosley told HindustanTimes.com.
The Jet Airways (India), which in early May had announced to launch Mumbai-Brussels-Newark flight from June 23, urged before the Department of Transportation the "baseless allegations" provided no legitimate basis to delay prompt issuance of the exemption and permit authority requested by it.
Commenting on the charges of similar trade name, the Jet Airways (India) claimed this was beyond the purview of the Department of Transportation to decide. "The matter is currently being addressed before the US Patent and Trademark Office."
It claimed that there was no confusion between Jet Airways (India) and Jet Airways Inc. While it is an established international airline that has concrete plans to operate long-haul service between India and the US, the Jet Airways Inc at present do not even has an "air carrier" permit.
"As such, in absence of any compelling information regarding actual or potential public harm or confusion, the Department of Transportation" has no basis to intervene in trade dispute.
Referring to its recent successful public offering, it claimed this was a testament to the faith and confidence that global investors and the travelling public have in Jet Airways. "Such public faith and confidence have developed only after years of reputable, successful air service and prudent business decisions," it claimed.
It denied allegations that the company had authorised any associate to make any threatening or other inappropriate communications to the US airline.
The Jet Airways said that in order to start its India-US service by June 23, it was pursuing the authorities from all the three countries - India, Belgium and the US - simultaneously, which is hardly unusual for the launch of such an international service.
Moreover, the Indian Foreign Ministry on May 9 designated Jet Airways (India) under the US-India open skies agreement. "Jet Airways is in the process of finalising all other necessary approval from the US, Indian and Belgian governments and remains eager to introduce its service on June 23," it said.
Originally published by The BBC
India's Jet Airways is considering legal action against a US company of the same name which has accused it of having links to terrorists.
US-based Jet Airways Inc has asked American aviation authorities not to register the Indian company to fly to any destination in the US.
The Indian airline hopes to begin flights between India and the US later this month.
Jet Airways said the allegations of terror links were baseless.
Executive Director Saroj Datta said his company was outraged by the comments, adding it was in touch with lawyers in the US to explore ways of taking legal action against the US company.
More flights
The primary motivation of Jet Airways (Inc) in filing the objection arises out of a trade name claim
Statement from Indian airline Jet Airways
Mr Datta said the US company existed only on paper and had no planes registered in its name.
India's Jet Airways said in a statement on Sunday: "The primary motivation of Jet Airways (Inc) in filing the objection arises out of a trade name claim made by them that is currently being addressed before the US Patent and Trademark Office."
The Indian firm, which has recently launched international flights to Singapore, Kuala Lumpur and London, is hopeful the American authorities will allow them to fly to the US. Jet Airways is scheduled to launch its flights to the US from Mumbai (formerly Bombay) via Brussels to New Jersey later this month.
The Port Authority of Newark and New Jersey has "given a clean chit to Jet Airways and informed the transport department it supports the carrier's entry into the US and appreciates its choice of airport," a Jet Airways spokesperson told The Hindustan Times.
But without US Department of Transportation clearance, its plans would be in jeopardy. The Department said in a statement on Monday that: "The carrier's application is under review at DOT (the Department of Transportation)."
Jet Airways, founded 12 years ago after the aviation sector in India was thrown open to private players, is considered one of the most dynamic airlines in India's domestic sector.
India's Jet Airways is considering legal action against a US company of the same name which has accused it of having links to terrorists.
US-based Jet Airways Inc has asked American aviation authorities not to register the Indian company to fly to any destination in the US.
The Indian airline hopes to begin flights between India and the US later this month.
Jet Airways said the allegations of terror links were baseless.
Executive Director Saroj Datta said his company was outraged by the comments, adding it was in touch with lawyers in the US to explore ways of taking legal action against the US company.
More flights
The primary motivation of Jet Airways (Inc) in filing the objection arises out of a trade name claim
Statement from Indian airline Jet Airways
Mr Datta said the US company existed only on paper and had no planes registered in its name.
India's Jet Airways said in a statement on Sunday: "The primary motivation of Jet Airways (Inc) in filing the objection arises out of a trade name claim made by them that is currently being addressed before the US Patent and Trademark Office."
The Indian firm, which has recently launched international flights to Singapore, Kuala Lumpur and London, is hopeful the American authorities will allow them to fly to the US. Jet Airways is scheduled to launch its flights to the US from Mumbai (formerly Bombay) via Brussels to New Jersey later this month.
The Port Authority of Newark and New Jersey has "given a clean chit to Jet Airways and informed the transport department it supports the carrier's entry into the US and appreciates its choice of airport," a Jet Airways spokesperson told The Hindustan Times.
But without US Department of Transportation clearance, its plans would be in jeopardy. The Department said in a statement on Monday that: "The carrier's application is under review at DOT (the Department of Transportation)."
Jet Airways, founded 12 years ago after the aviation sector in India was thrown open to private players, is considered one of the most dynamic airlines in India's domestic sector.
In brief , a US company resorts to allegations of terrorism to shut out potential competition from an Indian firm .
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