47.403-2 Air transport agreements between the United States and foreign governments
Source: FAR 47.403-2 on acquisition.gov
Foreign-flag air carriers may be used without penalty if operating under a qualifying air transport agreement that aligns with U.S. policy and provides reciprocal benefits.
Overview
FAR 47.403-2 clarifies that the use of foreign-flag air carriers is permitted under certain conditions, even when the Fly America Act and Comptroller General guidelines generally require the use of U.S.-flag air carriers. Specifically, if a foreign-flag air carrier is operating under an air transport agreement between the United States and a foreign government, and the agreement aligns with U.S. international aviation policy goals (as outlined in 49 U.S.C. 1502(b)) and provides reciprocal rights and benefits, then contractors and agencies may use such carriers without penalty. This provision ensures flexibility in international air transportation when reciprocal agreements are in place, supporting broader U.S. policy objectives while maintaining compliance.
Nothing in the guidelines of the Comptroller General (see 47.403) shall preclude, and no penalty shall attend, the use of a foreign-flag air carrier that provides transportation under an air transport agreement between the United States and a foreign government, the terms of which are consistent with the international aviation policy goals at http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1502(b)&num=0&edition=prelim" target="_blank">49 U.S.C. 1502(b) and provide reciprocal rights and benefits.