--- kind: "section" citation: "49 U.S.C. § 41703" title: "49" title_heading: "Transportation" number: "41703" heading: "Navigation of foreign civil aircraft" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/49/41703" units: - "Subtitle VII — Aviation Programs" - "Part A — Air Commerce and Safety" - "Subpart ii — economic regulation" - "Chapter 417 — Operations of Carriers" - "Subchapter I — Requirements" --- # §41703. Navigation of foreign civil aircraft - (a) **Permitted Navigation.—** A foreign [aircraft](/usc/49/40102.md?p=a-6), not part of the armed forces of a foreign country, may be navigated in the [United States](/usc/49/40102.md?p=a-46) only— - (1) if the country of registry grants a similar privilege to [aircraft](/usc/49/40102.md?p=a-6) of the [United States](/usc/49/40102.md?p=a-46); - (2) by an [airman](/usc/49/40102.md?p=a-8) holding a certificate or license issued or made valid by the [United States](/usc/49/40102.md?p=a-46) Government or the country of registry; - (3) if the Secretary of Transportation authorizes the navigation; and - (4) if the navigation is consistent with terms the Secretary may prescribe. - (b) **Requirements for Authorizing Navigation.—** The Secretary may authorize navigation under this section only if the Secretary decides the authorization is— - (1) in the public interest; and - (2) consistent with any agreement between the Government and the government of a foreign country. - (c) **Providing Air Commerce.—** The Secretary may authorize an [aircraft](/usc/49/40102.md?p=a-6) permitted to navigate in the [United States](/usc/49/40102.md?p=a-46) under this section to provide [air commerce](/usc/49/40102.md?p=a-3) in the [United States](/usc/49/40102.md?p=a-46). However, the [aircraft](/usc/49/40102.md?p=a-6) may take on for compensation, at a place in the [United States](/usc/49/40102.md?p=a-46), passengers or [cargo](/usc/49/40102.md?p=a-12) destined for another place in the [United States](/usc/49/40102.md?p=a-46) only if— - (1) specifically authorized under [section 40109(g) of this title](/usc/49/40109.md?p=g); or - (2) under regulations the Secretary prescribes authorizing [air carriers](/usc/49/40102.md?p=a-2) to provide otherwise authorized [air transportation](/usc/49/40102.md?p=a-5) with foreign registered [aircraft](/usc/49/40102.md?p=a-6) under lease or charter to them without crew. - (d) **Permit Requirements Not Affected.—** This section does not affect section [41301](/usc/49/41301.md) or [41302](/usc/49/41302.md) of this title. However, a [foreign air carrier](/usc/49/40102.md?p=a-21) holding a permit under [section 41302](/usc/49/41302.md) does not need to obtain additional authorization under this section for an operation authorized by the permit. - (e) **Cargo in Alaska.—** - (1) **In general.—** For the purposes of [subsection (c)](#c), eligible [cargo](/usc/49/40102.md?p=a-12) taken on or off any [aircraft](/usc/49/40102.md?p=a-6) at a place in Alaska in the course of transportation of that [cargo](/usc/49/40102.md?p=a-12) by any combination of 2 or more [air carriers](/usc/49/40102.md?p=a-2) or [foreign air carriers](/usc/49/40102.md?p=a-21) in either direction between a place in the [United States](/usc/49/40102.md?p=a-46) and a place outside the [United States](/usc/49/40102.md?p=a-46) shall not be deemed to have broken its international journey in, be taken on in, or be destined for Alaska. - (2) **Eligible cargo.—** For purposes of [paragraph (1)](#e-1), the term “eligible [cargo](/usc/49/40102.md?p=a-12)” means [cargo](/usc/49/40102.md?p=a-12) transported between Alaska and any other place in the [United States](/usc/49/40102.md?p=a-46) on a [foreign air carrier](/usc/49/40102.md?p=a-21) (having been transported from, or thereafter being transported to, a place outside the [United States](/usc/49/40102.md?p=a-46) on a different [air carrier](/usc/49/40102.md?p=a-2) or [foreign air carrier](/usc/49/40102.md?p=a-21)) that is carried— - (A) under the code of a [United States](/usc/49/40102.md?p=a-46) [air carrier](/usc/49/40102.md?p=a-2) providing [air transportation](/usc/49/40102.md?p=a-5) to Alaska; - (B) on an [air carrier](/usc/49/40102.md?p=a-2) way bill of an [air carrier](/usc/49/40102.md?p=a-2) providing [air transportation](/usc/49/40102.md?p=a-5) to Alaska; - (C) under a term arrangement or block space agreement with an [air carrier](/usc/49/40102.md?p=a-2); or - (D) under the code of a [United States](/usc/49/40102.md?p=a-46) [air carrier](/usc/49/40102.md?p=a-2) for purposes of transportation within the [United States](/usc/49/40102.md?p=a-46). ## Source credit (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1140; Pub. L. 108–176, title VIII, § 808, Dec. 12, 2003, 117 Stat. 2588.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | Revised
Section | Source (U.S. Code) | Source (Statutes at Large) | | 41703(a) | 49 App.:1508(b) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, § 1108(b) (1st, 2d, last sentences), 72 Stat. 798, 799. | | | 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704. | | 41703(b) | 49 App.:1508(b) (2d sentence). | | | | 49 App.:1551(b)(1)(E). | | | 41703(c) | 49 App.:1508(b) (3d sentence). | Aug. 23, 1958, Pub. L. 85–726, § 1108(b) (3d sentence), 72 Stat. 799; Feb. 15, 1980, Pub. L. 96–192, § 20, 94 Stat. 43. | | | 49 App.:1551(b)(1)(E). | | | 41703(d) | 49 App.:1508(b) (last sentence). | | In subsection (a), the word “country” is substituted for “nation” for consistency in the revised title and with other titles of the United States Code. In clause (3), the words “permit, order, or regulation issued” are omitted as surplus. In clause (4), the words “conditions, and limitations” are omitted as being included in “terms”. In subsection (b)(2), the word “agreement” is substituted for “treaty, convention, or agreement” for clarity and consistency in the revised title. The words “which may be in force” are omitted as surplus. The words “or countries” are omitted because of 1:1. In subsection (c), before clause (1), the word “place” is substituted for “point”, and the word “passengers” is substituted for “persons”, for consistency in the revised title. In subsection (d), the word “affect” is substituted for “limit, modify, or amend” to eliminate unnecessary words. ### Editorial Notes ### Amendments 2003—Subsec. (e). Pub. L. 108–176 added subsec. (e). ### Statutory Notes and Related Subsidiaries ### Effective Date of 2003 Amendment Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.