Second US aviation group calls for Bahamian airline sanctions

• Urges that local carriers’ US access be ‘curtailed’

• Dispute over Bahamas overflight fees intensifies

• Dutch national flag carrier also voices objections


Tribune Business Editor


A second aviation industry group yesterday backed calls for sanctions to be imposed on Bahamian airlines flying to the US unless this nation reforms its allegedly “unjust” overflight fees.

The National Air Carrier Association (NACA), which represents low-cost airlines servicing this nation such as Frontier Airlines and Spirit Airlines, gave its support and approval to Airlines for America’s demand that the US Department of Transportation impose restrictions on the ability of Bahamasair, Western Air and others to service US destinations unless The Bahamas backs down.

George Novak, NACA’s president and chief executive, in a January 10, 2023, letter to US Department of Transportation officials blasted what he described as “excessive overflight fees” being levied on its members and other US airlines by the Bahamas Air Navigation Services Authority (BANSA).

“NACA agrees that the charges for air navigation services currently being levied by The Bahamas significantly exceed the cots to The Bahamas of providing those services,” Mr Novak wrote, “due in large part to the fact that the Federal Aviation Administration (FAA) has historically provided approximately 75 percent of air traffic services for Bahamian air space.

“These charges are clearly inconsistent with The Bahamas’ obligations under Article 10 of the US-Bahamas Air Transport Agreement to ensure the fundamental fairness of the user charges imposed on carriers. NACA agrees that US carriers are discriminated against via-a-vis other system users because US carriers pay into the FAA’s Airport and Airway Trust Fund to support air traffic control and related facilities, and then are charged by The Bahamas for the provision of the same and related facilities already provided by the FAA.”

Reiterating the Airlines for America complaint that Bahamian-owned airlines and other US carriers “do not have these duplicative payments levied against them when they operate through The Bahamas’ air space”, Mr Novak and NACA demanded that sanctions be imposed on the ability of local carriers to access the US unless this nation “immediately” cease collecting the current fees as structured.

Echoing its fellow industry group in branding The Bahamas’ fees structure as “unjust, discriminatory, anti-competitive and unreasonable”, NACA called for the ability of local airlines to provide services in the US to be “curtailed or suspended”, or face “other countervailing measures” deemed fit by the US Department of Transportation.

The Bahamas now has two powerful US aviation lobby groups ranged against it. Airlines for America includes key carriers such as American Airlines, Jet Blue and Delta, all of which service The Bahamas’ market, as do Frontier and Spirit. NACA also represents the likes of Air Transport International, Atlas Air, AmeriJet, Breeze Airways, Miami Air International, Omni Air International and World Atlantic Airlines.

The Government has pledged to fight their complaint, which yesterday also received backing from KLM Airlines, the Netherlands’ national flag carrier. “We find it hard to accept how the process is currently set up at [in] The Bahamas,” said Johan Zandastra, KLM’s procurement officer for navigation charges.

Tribune Business also understands that the International Air Transport Association (IATA), the lobby group for the global airline industry, has been vehemently opposed to The Bahamas’ overflight fee structure since it was unveiled in March and April 2021. The airline industry’s complaint, as led by the US carriers, is premised on three key issues.

First, given that the FAA still provides air navigation services above 6,000 feet in some 75 percent of Bahamian air space under a ten-year management agreement, the US airlines are alleging they are - in effect - being double taxed as they already pay the FAA to provide this. They are also alleging they are paying The Bahamas for services it is presently not providing, and are subject to fees not levied on domestic carriers, hence the “discrimination” charge.

Finally, the Airlines for America group, now backed by NACA, is also alleging that the present overflight fee structure breaches Article 10 in the Bahamas-US Air Transport Agreement, which calls for such levies to be “just, reasonable, not unjustly discriminatory, and equitably apportioned among categories of users”. The overflight fees are paid in return for the right to use or fly through Bahamian air space.

However, those involved with the development and roll-out of The Bahamas overflight fees say the US airlines are seeking to effectively re-litigate an issue that was already settled more than a year ago. Suggesting that these carriers have become accustomed to paying nothing for transiting Bahamian air space, they accused the US airlines of seeking to bully this nation, and queried: “Does our air space have no value?”

One well-placed source, speaking on condition of anonymity, compared the situation with the US airlines to that encountered with the cruise lines when The Bahamas raised per passenger fees from less than $1. All complained bitterly about it, but eventually feel into line, and they added: “They [the US carriers] think they can simply stop paying. You can’t fly through a nation’s air space and not expect to pay for that. There are costs associated with providing safety and oversight.”

The Government hired consultants ALG, which undertook a six-month consultation process with the aviation industry and other stakeholders to determine the overflight fees that The Bahamas would charge and what was reasonable. It was decided that The Bahamas has “a fairly complex air space”, resulting in different fees for carriers transiting this nation, those taking off and landing, and planes flying between different Bahamian islands.

Bahamian air space was also managed by three different countries - the US, Cuba and Bahamas. It is understood that the then-Minnis administration took the view that it was a single air space that could not be segmented, but the US airlines want only to pay for the portion that affects them and the services they use, dealing only with the FAA and “having no regard for The Bahamas” and its costs.

The Civil Aviation Authority Bahamas (CAAB), in notifying the aviation industry of the proposed fees in an August 31, 2020, paper, said they were competitive when benchmarked against the Caribbean region average using the distance of 223 nautical miles, which was described as the “average overflight” distance through Bahamian air space. The Bahamas was pegged at $136, some $10 below the region’s $146 average.

“The chart shows that the proposed charging scheme is aligned with regional benchmarks, and therefore sets competitive fees for the airspace users,” the Bahamian aviation regulator said. “Landing fees have been calculated based on equality among airspace users, establishing the same cost per nautical mile for the average domestic and international flight - note that the international landing fee covers both the arrival and departure flights.

“When accounting for both the passenger levies and ANS (air navigation services) charges, the average charge per aircraft seat equates to less than $1.60 for domestic and international landings, as well as for overflight operations. Therefore, the proposed charging scheme has a minimum impact on the passenger ticket price and on the aircraft operators’ competitiveness.”

Explaining the rationale for introducing the overflight fee structure, the CAAB added: “The Bahamas is recognised as one of a few nations that do not charge ANS charges. Hence, new revenue streams for the provision of air navigation services and regulatory oversight have been explored to promote the safety, security, economic viability and reliability of the aviation sector in The Bahamas.

“The new revenue streams will permit the CAAB to reduce the burden on fiscal resources currently funding these activities; [and] finance critical upgrades and modernise the air space structure and communication, navigation and surveillance (CNS) infrastructure.”

Other priorities included the financing of “strategic investments in the regulatory oversight activities of the aviation sector, thereby enhancing the compliance with the International Civil Aviation Organisation’s (ICAO) standards and recommended practices, and The Bahamas’ safety audit outcomes”, and improving “the ANS capabilities and manpower capacity in the country”.


ThisIsOurs 10 months, 4 weeks ago

The govt just needs to give it up. There's no way they can justify a 500% increase in fees since they took over. Just apologize for the overr rcharge and give it up.

And while you're at it, stop black balling Bahamians with ideas and "appropriating" ideas then implementing them very poorly. You're shooting the COUNTRY in the foot. If you allowed the innovator to realize their idea, who knows, your default of bleeding the Bahamian people for tax revenue might not be necessary. You might have a Bahamian FTX or Google or Apple on your hands


themessenger 10 months, 4 weeks ago

When will our idiots understand that you don't pick fights with someone whose stick is twice as big and twice as long as yours? Don't let ya mout write checks ya ass can't cash!


bahamianson 10 months, 4 weeks ago

College fee.for an American 4,000 per term. College fee for a Bahamian to attend the same College 20,000. How is that fare? Let their bonggies pay.


themessenger 10 months, 4 weeks ago

"College fee.for an American 4,000 per term. College fee for a Bahamian to attend the same College 20,000. How is that fare? " How is that fair?? Americans pay state taxes that gives them breaks on education fees if they attend an in-State college or university. Work permit for an American male, or any other foreign male for that matter, to work in the Bahamas $10,000 and up, even with a spousal permit, how is that fair?? Oh, I did forget, Bahamian men are more equal than our women.


bahamianson 10 months, 4 weeks ago

So , you are sharing the same point. Both countries charge crazy fees for the other. That is the point. When Bahamians go over, they are charged crazy fees ,when Americans come over, they should be charged the same.


LastManStanding 10 months, 4 weeks ago

I studied overseas and paid income tax while working, still paid double (probably closer to triple all fees included) in tuition for being international. The process to obtain permanent residency overseas costs several thousand dollars as well.

I don't think we should be charging unfairly, but we absolutely have a right to levy a fee for using our airspace.


ThisIsOurs 10 months, 4 weeks ago

looks like we found a perfect hill to die on


birdiestrachan 10 months, 4 weeks ago

It is interesting that no matter how great they all are their computors failed and flights were cancelled , none is THE ALLMIGHTY they should negotiate In good faith and not play bullies COVID 19 was a good lesson for all


DEDDIE 10 months, 4 weeks ago

What the airlines are probably not aware of is that the Bahamas want to provide Air Traffic Control Services to all of its airspace. It's the USA insistence that the Bahamas allow them to control it because of National Security concerns. An aircraft doesn't have to identify themselves until they are about to penetrate the Air Defence Identification zone which is in some cases five minutes from the USA mainland.


Flyingfish 10 months, 4 weeks ago

These airlines are only making a fuss because the only way for any flight to leave or enter Miami, the southeast, and east coast to head to the Caribbean is through Bahamian airspace.

Its just that our government never had the interest nor foresight to take advantage of what was ours. I find it strange that if these prices were so bad why did they not make any noise or fuss earlier. We are going to eventually take over the entire process so they need to get ready for paying another price.


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