INDUSTRY AWAITS FINAL DOT ORDER ON RUSSIAN OVERFLIGHTS
October 31, 2025
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On October 9, 2025, the U.S. Department of Transportation issued an Order to Show Cause which would, if finalized, impact the ability of certain Chinese air carriers to utilize Russian airspace in their passenger and/or combination services between China and the United States. The Order seeks to impose a condition on all foreign air carrier permits and exemption authorities held by certain Chinese air carriers to enforce compliance with Article 2(4) of the U.S.-China Civil Air Transport Agreement, by adding the following condition to the foreign air carrier permits and exemption authority held by the affected Chinese air carriers:
“Until further order of the Department, the holder shall not utilize Russian airspace in the conduct of any of its international scheduled and/or charter passenger and combination services in foreign air transportation to and/or from the United States.”
DOT issued the Order in response to supposed competitive imbalances between U.S. and Chinese air carriers over the last three and a half years following Russia’s decision to close its airspace to U.S. air carriers effective May 17, 2022. Numerous interested parties filed comments and replies to the Order, which DOT currently has under review.
Given that DOT expedited the comment and reply periods, a final order could be forthcoming at any time. We anticipate that the Department will act quickly considering that many U.S. air carriers filed comments supporting the Order and applauded the Department for enforcing the U.S.-China Air Transport Agreement. Chinese air carriers, on the other hand, urged restraint and argued the Order, if finalized, would not be in the public interest. If the Department does indeed finalize the Order, covered Chinese air carriers, which include Air China, Beijing Capital Airlines, China Eastern, China Southern, Hainan Airlines, Sichuan Airlines, and Xiamen Airlines, will have 30 days
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