BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

______) Application of ) ) Air S.A. ) ) Docket No. OST-2021- for an Exemption Pursuant to ) 49 U.S.C. § 40109 to and a foreign air ) carrier permit pursuant to 49 U.S.C. § 41301 ) ______)

APPLICATION OF S.A. FOR EXEMPTION AUTHORITY AND A FOREIGN AIR CARRIER PERMIT

Communications with respect to the above should be addressed to:

Evelyn D. Sahr Drew M. Derco Alexander T. Marriott Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Ave., N.W. 12th Floor Washington, D.C. 20006 Phone: (202) 659-6600 Fax: (202) 659-6699 E-mail: [email protected]

Counsel to Air Senegal S.A.

DATED: February 11, 2021

BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

______) Application of ) ) Air Senegal S.A. ) ) Docket No. OST-2021- for an Exemption Pursuant to ) 49 U.S.C. § 40109 to and a foreign air ) carrier permit pursuant to 49 U.S.C. § 41301 ) ______)

APPLICATION OF AIR SENEGAL S.A. FOR EXEMPTION AUTHORITY AND A FOREIGN AIR CARRIER PERMIT

Pursuant to 49 U.S.C. §§ 40109 and 41301, Part 211 of the Department’s Economic

Regulations (14 C.F.R. Part 211), Subparts B and C of the Department’s Rules of Practice in

Proceedings (14 C.F.R. §§ 302.201 and 302.301, et seq.), and the Department’s streamlined

licensing procedures,1 Air Senegal S.A. (“Air Senegal”), the national carrier for the Republic of

Senegal, hereby applies for an exemption and foreign air carrier permit authorizing Air Senegal to

engage in scheduled and charter air transportation of persons, property and mail from any point or

points behind Senegal, via any point or points in Senegal and intermediate points, to any point or points in the United States and beyond, subject to a wet lease or codeshare arrangement with a

duly authorized U.S. or foreign air carrier.

Air Senegal respectfully requests that DOT act promptly on this application, and grant the

requested scheduled and charter exemption authority for a period of two years, or until the

Department issues Air Senegal the foreign air carrier permit requested herein.

In further support hereof, Air Senegal submits the following:

1 See Notice in Docket OST-2005-22228 (Aug. 23, 2005). 2

1. State the Name and address of the applicant, the nature of its organization and, if applicable, the name of the country under the laws of which it is organized.

The complete name and address of Air Senegal is as follows:

Air Senegal S.A. 9927, VDN Amitié III (or 3) BP : 14 463 CD, Senegal

Air Senegal is organized under the laws of the Republic of Senegal.

2. Name and official address of the government air transport authority having regulatory jurisdiction over applicant.

Air Senegal is subject to the regulatory jurisdiction of the National Agency of Civil

Aviation and Meteorology, located at:

Léopold Sédar SENGHOR Airport BP: 8184 Dakar-Yoff, Senegal

3. Statement of the authority requested and a description of the services proposed.

Air Senegal seeks authority to engage in scheduled and charter foreign air transportation of persons, property, and mail from any point or points behind Senegal, via any point or points in

Senegal and intermediate points, to any point or points in the United States and beyond, subject to a wet lease or codeshare arrangement with a duly authorized U.S. or foreign air carrier, to the full extent permitted by U.S.-Senegal Air Transport Agreement. The service proposed herein is specifically contemplated and permitted by the Agreement at Art. 8, section 7, and Annex I, section

1.B, and therefore deemed to be in the public’s interest. Air Senegal anticipates inaugurating service to the United States on a wet lease basis on or around September 1, 2021.

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4. Provide names, addresses, and citizenship of all Directors, Officers, and Key Management Personnel.

The names, addresses, and citizenship of all Directors, Officers, and Key Management

Personnel are attached as Exhibit 1. None of the persons listed are related by blood or marriage.

5. Provide the names and citizenship of all persons holding five percent or more of the capital stock or capital of the applicant, along with the number and percentage of shares held by each.

Air Senegal is owned 100% by Caisse des Depots et Consignation (CDC), an investment

arm of the Senegalese government.

6. Does the ownership of applicant hold an interest in any other U.S. or foreign

carrier, common carrier, or person engaged in the business of aeronautics?

Air Senegal does not have, directly nor indirectly, any interest in any other U.S. or foreign

carrier, common carrier, or person engaged in the business of aeronautics.

7. Relationship between the applicant and its homeland government.

The government of the Republic of Senegal is a sole owner of Air Senegal, and its

representatives hold three seats on the Board of Directors.

8. Applicant’s insurance coverage meets or exceeds the liability limits of 14 C.F.R. Part 205.

The wet lease operator that will perform flights to and from the United States on behalf of

Air Senegal will be duly licensed by its home country, and holds a foreign air carrier permit from the Department. It will maintain insurance that satisfies the requirements of 14 C.F.R. Part 205 at all times. While Air Senegal does not plan to operate to the United States with its own aircraft, it nevertheless maintains insurance that satisfies Part 205. Air Senegal will provide a completed certificate of insurance (DOT Form 6411), in a separate filing.

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9. Evidence of the applicant’s homeland operating authority.

Air Senegal has an Air Operator Certificate and Air Service License issued by the National

Agency of Civil Aviation and Meteorology, which are attached for the Department’s review as

Exhibit 2.

10. Summary of applicant’s operating history.

Air Senegal is the state-owned of Senegal. It was formed at the end of 2016

and is the successor to Senegal , which ceased operating on April 12, 2016. Most of Air

Senegal’s current operations are focused on connecting countries in West Africa (Senegal, Ivory

Coast, , , etc.) to Europe (, , (coming in March 2021), etc.) through

its Dakar Hub. The operates a daily flight from Dakar’s Blaise Diagne International Airport

to Charles de Gaulle airport in .

Air Senegal was awarded the Capital Finance International (CFI) Most Promising Regional

Airline (West Africa) Award in 2018, as recognition that Air Senegal is on its way to fulfilling its part in Senegal’s Plan Emergent Senegal. This comprehensive development plan is part of a

Senegalese national strategy that aims to increase investment and economic growth in the country, and the country’s flag carrier is central to that plan. The Air Senegal team is composed of motivated and talented employees who prioritize customer safety and satisfaction and adhere to

European and U.S. standards with diligence and transparency.

11. List of aircraft owned.

A complete list of Air Senegal’s aircraft, along with their registration marks, is attached as

Exhibit 3. None of Air Senegal’s aircraft will be used to conduct the service contemplated in this operation; rather, all flights will be operated by the wet lessor.

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12. State where and by whom the maintenance of the aircraft is or will be performed.

The maintenance of Air Senegal’s aircraft is undertaken by the airline at its home base in

Senegal. However, maintenance of the aircraft used in the proposed operation will be handled by the aircraft’s owner. The maintenance programs of both Air Senegal and the wet lease operator comply with the provisions of the ICAO Pilots and Airmen Annexes I, 6 (Part I), and 7. The home countries of both carriers are contracting states to the Chicago Convention.

13. Describe any arrangements or cooperative working arrangements that exist between the applicant and a U.S. or foreign carrier that would affect the proposed services.

At this time, Air Senegal has no arrangements or cooperative working arrangements that would affect the proposed services. Air Senegal is, however, currently in discussions with U.S. and foreign carriers relating to codeshare, interline, and wet lease arrangements.

14. Financial data.

Air Senegal is financially qualified to provide the services proposed in this application.

Details about its finances are being submitted under seal (Exhibit 4) along with a Motion for

Confidential Treatment. These materials establish that Air Senegal meets and exceeds the

Department's financial fitness criteria.

15. Amount, type and reason for financial assistance received from the applicant’s home country government, if applicable.

The Government of Senegal, as the sole owner, provided Air Senegal with an initial capital investment, which has been fully released. Following the Covid-19 pandemic, Air Senegal has received additional financial support from the state to survive the crisis.

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16. Estimate of total traffic and financial results of intended service.

Prior to the commencement of operations, it is difficult for Air Senegal to accurately predict

the total number of passengers that will be served. However, Air Senegal estimates that

approximately 42,224 passengers will be transported within the first year of service.

17. Justifications for granting proposed air transportation services.

The service proposed herein is consistent with the U.S.-Senegal Air Transport Agreement, signed January 11, 2001, which states that carriers of the Republic of Senegal may provide service to the United States with their own aircraft or enter into cooperative agreements such as codeshare agreements and wet lease agreements with U.S. carriers and airlines of third countries.2 Air

Senegal’s new service will establish an important link between West Africa and the United States,

benefit travelers in Senegal and the United States, serve the interests of comity and reciprocity,

and thus, is strongly in the public interest.

18. Policy of applicant’s homeland with respect to U.S. carriers’ applications for scheduled and charter authority.

It is Air Senegal’s understanding that opportunities for U.S. carriers to provide scheduled

and charter service to Senegal are available pursuant to the U.S.-Senegal Air Transport Agreement,

signed January 11, 2001. Several U.S. carriers provide service to Senegal via codeshare

agreements with other carriers

19. Has applicant been involved in any safety or tariff violations or fatal accidents in the last five years?

Air Senegal has not been involved in any safety violations or fatal aircraft accidents within

the last five years. Air Senegal will not wet lease with any carrier that has been involved in any

safety violations or fatal aircraft accidents within the last five years.

2 See U.S.-Senegal Air Transport Agreement, Article 8(7). 7

20. Submission of OST Form 4523 (Waiver of liability limits under the Warsaw Convention).

Air Senegal submitted an OST Form 4523 to the Department in Docket OST-95-236. A

copy is also attached hereto as Exhibit 5.

21. A Verification and Fuel Consumption.

Attached as Exhibit 6 is a verification statement, signed by Air Senegal as required by 14

C.F.R. § 211.11. Based upon the information provided in this Application, issuance of exemption authority will not constitute a “major regulatory action” as provided for in the Energy Policy and

Conservation Act of 1975 and 14 C.F.R. Part 313.

For the reasons set forth above, Air Senegal is fully qualified to operate the services for

which authority is requested, and grant of the requested authority will benefit travelers and serve

the public interest.

WHEREFORE, Air Senegal respectfully requests that it be granted an exemption and

foreign air carrier permit to engage in scheduled and charter foreign air transportation of persons,

property and mail as more fully described above. Air Senegal also requests expedited approval of

this application and anything further that the Department may deem appropriate.

Respectfully submitted, Dated: February 11, 2021 ./s/Evelyn D. Sahr

Evelyn D. Sahr Drew M. Derco Alexander T. Marriott Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Ave., N.W. 12th Floor Washington, D.C. 20006 Phone: (202) 659-6600 Fax: (202) 659-6699 E-mail: [email protected] Counsel to Air Senegal S.A. 8

Exhibit 1 AIR SENEGAL DIRECTORS, OFFICERS, AND KEY MANAGEMENT PERSONNEL

Name Role Address Citizenship

9927, VDN Amitié Souleymane Ndéne Chairman of the board of III Senegal Ndiaye directors BP : 14 463 Dakar CD, Senegal Mamelle Residence, Ibrahima Kane CEO Villa 314A Dakar, Senegal Senegal 9927, VDN Amitié Cheikh Ahmed Tidiane III Board Director Senegal Ba BP : 14 463 Dakar CD, Senegal 9927, VDN Amitié III Oulimata Fall Sarr Board Director Senegal BP : 14 463 Dakar CD, Senegal 9927, VDN Amitié III Abdoulaye Faye Board Director Senegal Directors BP : 14 463 Dakar CD, Senegal 9927, VDN Amitié III Mamadou Mbaye Board Director Senegal BP : 14 463 Dakar CD, Senegal 9927, VDN Amitié Cheikh Mouhamadou III Board Director Senegal Bamba Sidy BP : 14 463 Dakar CD, Senegal 9927, VDN Amitié III Abdou Diop Faye Board Director France BP : 14 463 Dakar CD, Senegal 9927, VDN Amitié III Philippe Bohn Board Director France BP : 14 463 Dakar CD, Senegal Rue OKM 456, Director Performance and Mamadou Ba Ouakam, Dakar Senegal Support Services Officers Senegal Serigne Dame Ouest Foire, Dakar CFO Senegal Diakhoumpa Senegal Immeuble Jasmin, Director Marketing and Ernest Dikoum B32 Sotrac Mermoz, US Product Development Dakar Director Human 6, Cité CDE - Ouest Alassane Diop Senegal Ressources Foire DAKAR 12-441 PLLES Ibrahima Ly Director Maintenance Senegal ASSAINIES Malika Saoudatou Ndongo Director Sales Sud Foire, Dakar Senegal 241 Residence 2, front Director Flights and Cheikh Seck de Terre, Dakar Senegal Gound Operations Senegal Director Quality and VDN Amitié 3-Villa Djibril Seibou France Safely 9927/14463 Director Audit and Ouakam, Mamelle Ibrahima Thiaw Senegal Governance aéroport Lot 620 Yoff Tonghor Pape Abdoulaye Fall Flights Safety Officer Senegal

Ground Operations 86 Cité Macoumba Fall Senegal Officer Ouest Foire Flights Operations 78 rue Ouakam 35 Oumar Gueye Senegal Officer Mammelles Aviation Ousmane Lo Crew Training Senegal 8806 Sacré cœur 3

Please note the business address for each individual:

Air Senegal S.A. 9927, VDN Amitié III BP : 14 463 Dakar CD, Senegal

Exhibit 2

Exhibit 3 AIR SENEGAL LIST OF AIRCRAFT

Aircraft MSN Registration Type A330-900 1910 9H-SZN ATR 72- 1447 6V-AMS 600 ATR 72- 1452 6V-ASN 600 A 319 2897 6V-AMA A319 3078 6V-AMB A321 1881 6V-AMC A321 1921 6V-AMD A330-900 1923 6V-ANB

Exhibit 4

Financial data is being submitted under seal along with a Motion for Confidential Treatment.

Exhibit 5

Exhibit 6

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was served by electronic mail this11th day of February 2021 on the following:

Air Carrier/Operator Email Address [email protected] American Airlines [email protected] [email protected] Delta Air Lines [email protected] Delta Air Lines [email protected] [email protected]

United Airlines [email protected] UPS [email protected] [email protected] [email protected] Federal Express [email protected] [email protected] [email protected] Kalitta Air [email protected] [email protected] DOT/STATE/FAA [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

______Alexander T. Marriott