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Generally, if a traveler is traveling on funds provided by the federal government, he/she must use a U.S. flag carrier (an airline owned by an American company), regardless of cost or convenience. If you are scheduling international travel that is federally funded, you must ensure that all flights, where possible, are scheduled on U.S. flag carriers or on foreign air carriers that code share with a U.S. flag carrier. This guidance applies to University travelers and participants who are not University employees.
Code Sharing
Code sharing occurs when two or more airlines “code” the same flight as if it was their own. In other words, a U.S. airline may sell a seat on the plane of a foreign air carrier; this seat is considered the same as one on a plane operated by a U.S. flag carrier.
Fly America Act
Federal travelers are required by 49 U.S.C. 40118, commonly referred to as the "Fly America Act," to use U.S. air carrier service for all air travel and cargo transportation services funded by the U.S. government.
Compliance with the Fly America Act is satisfied when the U.S. flag air carrier’s designator code is present in the area next to the flight numbers on the airline ticket, boarding pass, or on the documentation for an electronic ticket (passenger receipt).
For example, Delta has a code share agreement with Air France to Paris, France. If the boarding pass (flight coupon) or e‐ticket identifies a flight as DL ##, the requirements of the Federal Travel Regulations would be met, even if the flight was on an Air France airplane. However, if the boarding pass (flight coupon) or e‐ticket identifies the flight as an AF ##, then the requirements of the Federal Travel Regulations would not be met.
Fly America Act Exception
The biggest exception to the Fly America Act is the Open Skies Agreement. On October 6, 2010, the United States and European Union (EU) “Open Skies” Air Transport Agreement was published by the U.S. General Services Administration providing full explanation of the multilateral agreement in place so that qualifying travelers, whose travel is supported by federal funds, may travel on European Union airlines as well as U.S. Flag Air Carriers. A list of current member countries of the European Union is available at the europa.eu. There are also Open Skies agreement with Australia, Switzerland and Japan
Open Skies Air Transport Agreement
The Fly America Act affects which airlines you can be utilized when traveling on U.S. federal grants and contracts. Recent international treaties referred to as "Open Skies Agreements" provide a limited exception to the Fly America Act.
Open Skies agreements are bilateral agreements that the U.S. government negotiates with other countries to provide rights for airlines to offer international passenger and cargo services.
In the United States-European Union Open Skies Agreement, travelers may use a U.S. flag airline or any European Union (EU) airline when traveling from the United States to EU countries.
What Do These Open Skies Agreements Mean to You?
When traveling to a destination serviced by a European Union airline, UChicago travelers flying on a Federal grant can fly on either a US carrier or an EU (European Union) carrier.
UChicago travelers using federal dollars can use an Australian airline only if a point of origin is either the US or Australia.
UChicago travelers using federal dollars can use a Swiss airline only if a point of origin is either the US or Switzerland.
UChicago travelers using federal dollars can use a Swiss airline only if a point of origin is either the US or Japan.
**Travelers using Department of Defense (DOD), Air Force, Army or Navy funds are not permitted to take advantage of Open Skies Agreements.