Passenger Lists Sought For Flights Over U.S.
http://www.washingtonpost.com/ac2/wp-dyn/A6015-2005Apr20?language=printer

By Sara Kehaulani Goo
Washington Post Staff Writer
Thursday, April 21, 2005; Page A01

The U.S. government plans to force foreign airlines flying over American
soil to turn over the names of passengers on board or check the names
against U.S. government watch lists in an effort to prevent terrorists from
entering U.S. airspace.

Under current rules, overseas carriers are required to provide passenger
manifests to U.S. officials within 15 minutes of takeoff if they are to land
in the United States, according to the Transportation Security
Administration.

Officials have been concerned that terrorists may try to hijack a plane over
the United States and crash it into a building, as occurred on Sept. 11,
2001. Officials acknowledge, however, that no credible intelligence exists
indicating such a plot.

"We are currently considering a measure that would require foreign carriers
to vet their passenger manifests against the 'no-fly' list and 'selectee'
lists on overflights," said TSA spokeswoman Yolanda Clark. The no-fly list
is a secret list of thousands of names of known or suspected terrorists who
may pose a threat to U.S. aviation. The selectee list contains the names of
individuals who are not known terrorists but present a possible threat to
the airplane.

The proposal has angered European, Mexican and Canadian airlines, which
operate most of the 500 estimated daily overflights. If foreign airlines do
not comply with the order, which is expected to be issued in coming weeks,
they could have to reroute flights, adding time and cost to the journeys. At
least one carrier, Aeromexico, claims the rule would violate international
aviation agreements.

The TSA's proposal, discussed in recent days with foreign leaders, was
prompted by a KLM Royal Dutch Airlines flight from Amsterdam to Mexico on
April 8 that was prohibited from flying over American airspace because two
passengers were found to be on the U.S. government's no-fly list.

The KLM flight, a specially configured 747 with 278 passengers and 15 horses
on board, was five hours into its journey when Mexican authorities alerted
U.S. officials about two Saudi passengers on board. TSA officials decided
not to allow the plane to continue on its usual route over the United
States.

The Canadian government offered the plane an option to land on its territory
if the aircraft did not have enough fuel for a return trip, a Canadian
official said. But KLM decided to turn the plane around for the five-hour
flight back to Amsterdam out "of interest to the passengers and animals,"
KLM spokesman Hugo Baas said in an e-mail. "The assigned airport was not
suitable for handling a 747 in this configuration." KLM is a leading air
transporter of horses and operates an animal hospital at Schiphol Airport in
Amsterdam.

The two Saudi passengers on the KLM flight were men who trained at the same
Arizona flight school as Sept. 11 hijacker Hani Hanjour, according a law
enforcement source. The men, according to aviation sources, were questioned
by Dutch officials and eventually allowed to fly back to Saudi Arabia. U.S.
officials did not interview the men, according to law enforcement and
Homeland Security sources.

A Homeland Security official familiar with the proposed rules said U.S. and
foreign officials are negotiating over whether airlines or the U.S.
government would check passenger names against the watch lists. If any names
match those on the lists, airlines would have to undertake new security
measures.

For example, if a flight from Canada to Mexico were to have a passenger
whose name matched one on the no-fly list, the flight would not be allowed
into U.S. airspace. The passenger would have to be removed from the flight,
or if the plane happened to already be in the air, it would have to fly
around the United States to reach its destination, according to officials
familiar with the plans. Similarly, if a passenger's name were to match one
on the selectee list, the passenger would have to undergo more thorough
security screening before boarding the plane, the sourcesaid.

Aeromexico, which has 18 weekly flights from Mexico City that cross U.S.
airspace on their way to Europe, said that the U.S. proposal might violate
international transit agreements and that it is consulting with the Mexican
transportation department to "present our legal position for this potential
requirement."

"This potential directive will restrict our privilege to fly across U.S.
territory without landing, and to land for non-traffic purposes," said
Fernando Ceballos, Aeromexico's assistant director for airport operations,
in an e-mailed statement. If the TSA issues the requirement, he said, it
would not be practical to fly around the U.S. coast. "Flying over water
along the coast is not an option for Aeromexico as increased flight times
would be prohibitive given the type of aircraft we use, our slots and crew
requirements."

TSA's spokesman Clark said, "We are working with our international partners
to give thoughtful consideration to all aspects of the impact of this
measure."

The rule change would affect many of Canada's estimated 1,000 weekly
overflights, including domestic flights such as Montreal to Toronto, which
fly over the United States because of geography and weather patterns. "We're
currently gathering information from air carriers to evaluate the impact
that the proposed amendment would have," said Vanessa Vermette, spokeswoman
for Transport Canada.

KLM said that it is now checking its passenger lists against U.S. watch
lists for its overflights, following the recent incident.

"It is not up to an airline to judge the security measures of individual
countries," KLM spokesman Baas said. "However, it is up to the responsible
authorities of each country to safeguard that measures do not have negative
counter effects on the daily operation of the airlines."

� 2005 The Washington Post Company



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