U.S. Government Has Certain Obligations Under The ICAO Chicago Convention

The furlough of FAA and NTSB accident investigators may violate the main treaty setting the standards for air safety among the 192 nations of the ICAO, according to a former FAA lawyer.

According to the ICAO's Chicago Convention, the U.S. is obligated to have a system that insures that all aircraft regardless of county of registry comply with safety regulations. Loretta Alakalay, a former lead FAA lawyer in New York, told Forbes that the furlough of 3,000 inspectors very likely puts the U.S. in violation of that treaty. "After all, it's impossible to perform required surveillance and oversight functions without inspectors," she told Forbes.

The U.S. is also obligated by its agreement to ICAO rules to prosecute persons who violate air safety regulations. But the furlough of FAA lawyers make that job difficult, if not impossible as well.

U.S. airlines face repercussions for failure to comply with the ICAO rules. The U.S. has been aggressive in limiting flights by airlines flagged to countries whose civil aviation authorities do not meet ICAO standards. Some analysts say there may be a backlash against U.S. carriers should other nations decide the lack of adequate and properly qualified personnel in the U.S. place the county in violation of ICAO standards.

FMI: www.icao.int