Federal statutes require air carriers, including cargo carriers, seeking operating certifications to be “owned or controlled” by citizens of the U.S. This requirement is enforced by Department of Transportation (DOT) fitness reviews on applicant airlines to ensure they meet the “citizenship” definition as defined in 49 U.S.C. §41102. The purpose of this paper is to address the current state of foreign ownership and control restrictions in the U.S. air cargo industry including; significant legislation and administrative case law, the benefits of removing these restrictions, and the direction the regulatory environment.

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