AIM ¶ 5-6-8 — Foreign State Aircraft Operations

5-6-8. 5-6-8. Foreign State Aircraft Operations Foreign state aircraft are authorized to operate in U.S. territorial airspace if in compliance with all of the following conditions: File and are on an active IFR flight plan; Equipped with an operational transponder with altitude reporting capability and continuously squawk an ATC assigned transponder code; Equipped with an operational ADS-B Out when operating in airspace specified in 14 CFR 91.225; Maintain two-way radio communications with ATC; and Comply with all other applicable ADIZ requirements described in paragraph 5-6-4 and any other national security requirements in paragraph 5-6-2 . Diplomatic Clearances. Foreign state aircraft may operate to or from, within, or in transit of U.S. territorial airspace only when authorized by the U.S. State Department by means of a diplomatic clearance, except as described in subparagraph 5-6-8 i below. Information about diplomatic clearances is available at the U.S. State Department website https://www.state.gov/diplomatic-aircraft-clearance-procedures-for-foreign-state-aircraft-to-operate-in-united-states-national-airspace/ (lower case only). A diplomatic clearance may be initiated by contacting the U.S. State Department via email at [email protected] or via phone at (202) 453-8390. NOTE- A diplomatic clearance is not required for foreign state aircraft operations that transit U.S. controlled oceanic airspace but do not enter U.S. territorial airspace. (See subparagraph 5-6-8 d for flight plan information.) An FAA routing authorization for state aircraft operations of special interest countries listed in subparagraph 5-6-11 b . is required before the U.S. State Department will issue a diplomatic clearance for such operations. (See subparagraph 5-6-11 for FAA routing authorizations information). Foreign state aircraft operating with a diplomatic clearance must navigate U.S. territorial airspace on an active IFR flight plan, unless specifically approved for VFR flight operations by the U.S. State Department in the diplomatic clearance. NOTE- Foreign state aircraft operations to or from, within, or transiting U.S. territorial airspace; or transiting any U.S. controlled oceanic airspace, should enter ICAO code M in Item 8 of the flight plan to assist in identification of the aircraft as a state aircraft. A foreign aircraft that operates to or from, within, or in transit of U.S. territorial airspace while conducting a state aircraft operation is not authorized to change its status as a state aircraft during any portion of the approved, diplomatically cleared itinerary. A foreign aircraft described in subparagraph 5-6-8 e above may operate from or within U.S. territorial airspace as a civil aircraft operation, once it has completed its approved, diplomatically cleared itinerary, if the aircraft operator is: A foreign air carrier that holds valid FAA part 129 operations specifications; and Is in compliance with all other requirements applied to foreign civil aircraft operations from or within U.S. territorial airspace. (See paragraphs 5-6-5 and 5-6-6 .) Foreign state aircraft operations are not authorized to or from Ronald Reagan Washington National Airport (KDCA). Foreign state aircraft operating with a U.S. Department of State issued Diplomatic Clearance Number in the performance of official missions are authorized to deviate from the Automatic Dependent Surveillance-Broadcast (ADS-B) Out requirements contained in 14 CFR §§ 91.225 and 91.227. All foreign state aircraft and/or operators associated with Department of Defense missions should contact their respective offices for further information on handling. Foreign state aircraft not associated with Department of Defense should coordinate with U.S. Department of State through the normal diplomatic clearance process. Diplomatic Clearance Exceptions. State aircraft operations on behalf of the governments of Canada and Mexico conducted for the purposes of air ambulance, firefighting, law enforcement, search and rescue, or emergency evacuation are authorized to transit U.S. territorial airspace within 50 NM of their respective borders with the U.S., with or without an active flight plan, provided they have received and continuously transmit an ATC assigned transponder code. State aircraft operations on behalf of the governments of Canada and Mexico conducted under this subparagraph 5-6-8 h are not required to obtain a diplomatic clearance from the U.S. State Department.