The U.S. Department of Transportation has fined Emirates Airline $1.8 million for operating flights on which it codeshares with JetBlue in prohibited airspace over Baghdad.
The flights, the number of which was described only as “significant” by the department in a consent order, took place between December 2021 and August 2022.
Under an FAA regulation that was last extended in October 2020, U.S. airlines are not permitted to fly below 32,000 feet while traversing through Baghdad airspace. The rule also applies to foreign carriers on flights with U.S. airline codeshares.
“By operating these flights in this manner, Emirates violated the conditions of its authority to operate and engaged in passenger operations to and from the United States without the proper DOT authority,” the department said.
The prohibition will expire in October absent another extension.
Emirates said it did not violate the regulation. According to the consent order, the airline contends that its flight plans called for Baghdad-area operations above 32,000 feet and that it only flew lower at the instruction of air traffic controllers. Emergency procedures in the FAA regulation exempt such operations, Emirates contends.
The airline also told the DOT that it prioritizes safety.
This is the second such fine Emirates has received from the DOT. In 2020, the department fined the Dubai airline $400,000 for flying JetBlue codeshare flights in prohibited air space over portions of the Persian Gulf and Gulf of Oman near Iran. Emirates was ultimately only required to pay $200,000 of that order.
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