Generally, federal travelers are required by 49 U.S.C. 40118, commonly referred to as the "Fly America Act," to use U.S. flag air carrier service for all air travel funded by the U.S. Government. However, an exception to this requirement is transportation provided under a bilateral or multilateral air transportation agreement to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act.

For example, the Open Skies Agreement between the United States (US) Government and the European Union (EU) gives Community airlines (airlines of Member States) the right to transport passengers and cargo on scheduled and charter flights funded by the US Government, including transportation provided to or for a foreign country or international or other organization without reimbursement, when the transportation is between a point in the United States and any point in a Member State or between any two points outside the United States except when: (1) Transportation is between points for which there is a City-Pair contract fare in effect for air passenger transportation services, or (2) Transportation is obtained or funded by the Secretary of Defense or the Secretary of a military department.

Coming soon, GSA will provide on this web page a list of international agreements that contain similar terms as the US-EU Open Skies Agreement and allow US Government passengers and cargo to be transported on foreign flag carriers under certain circumstances. In the meantime, please call Patrick McConnell at 202-501-2362 or send an email to patrick.mcconnell@gsa.gov if you have any questions or comments.