FlyerTalk Forums - View Single Post - FAMs detained in Rio
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Old Oct 4, 2010 | 10:45 pm
  #31  
bocastephen
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Originally Posted by TerminalBliss
You might need to do a little research on this before asserting that US LEOs/FAMs have no authority anywhere other than the US, since you are quite incorrect in this regard. Research Title 49 USC, specifically the Special Aircraft Jurisdiction of the United States, which is quite clear in establishing the requirements for this jurisdiction to be in effect....which IMHO is good '

I always find it humerous when posters on TS&S post their "expert" opionions without bothering to utilize the resource in front of them...the computer!

TB
Special Aircraft Jurisdiction of the United States has nothing to do with a US flight once that aircraft enters foreign airspace. Upon entering foreign airspace, an aircraft is subject to the aviation and other laws and regulations of the country it's flying to/through.

Once on the ground (via scheduled landing or landed by force), the country where that aircraft is sitting has total control - Title 49 notwithstanding.

Special Aircraft Jurisdiction of the United States only refers to the applicability of this portion of US law upon the passengers and crew of a US registered/operated aircraft - however, a foreign government can refuse to honor the law i.e. US FAMs arrest someone during a flight which lands in Brazil. Brazilian authorities question the FAMs and the passenger and decide the passenger didn't do anything wrong, and let's them go. Nothing the FAMs can do about it except escalate the issue and let other government departments file a complaint - which Brazil would probably ignore.
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