![handle is hein.journals/airspaclaw7 and id is 1 raw text is:
Forum on
Air and Space
Law
American Bar Association
HE AIR AND SPACE LAWYER
Volume 7, Number 1
Summer 1992
Opening the Door to Indochina (Slowly):
Legal Restrictions on Air Service to Vietnam
and Cambodia
BY MARK W. ATWOOD*
The nio'e tovard nor-
inalization of relations be-
tween the United States and
the Communist regimes in
Southeast Asia has generated
renewed interest by U.S. and
foreign airlines in service to '
these nations, particularly
Vietnam. Many' in the indus-
try who have examined these
markets Lbelieve there are lu-
crative possibilities for devel-
opment. The United States is
home to over 614,000 emigres from Vietnam and 147,000
from Cambodia, plus others of Vietnamese and Cam-
bodian descent, many of whom1 have the desire and the
means to make return visits to their native countries. In-
deed, many now make these trips, but because of the
tight restrictions on travel from the United States, statis-
tics are not available to show the extent of this market.
Also, there is widespread belief that the region, with
considerable natural and architectural beauty and his-
torical interest, holds great tourist potential. Vietnam is
also attracting increasing considerable foreign invest-
ment, and with it, business travel. The Europeans, Aus-
tr'alians, and Japanese have begun to invest heavily in
the region.
In the past year, Cathay Pacific Airways (I long Kong)
and Singapore Airlines have started service from their
home countries to I lo Chi Minh City (formerly Saigon)
and/or I lanoi, joining Air France, Philippine Airlines,
IPartner at Galland, Kharasch, Morse & Garfinkle, Washington, DC.
Mr. Atwood is a member of thie firm's aviation practice group, which
represents a wide array of U.S. and foreign airlines, aircraft ]es,,ors,
manuftactulr'rs, repair stations, inLdustry associations, and airports. Ni,.
Jennifer Cohn, a sunmer associale of thit firm, contrilluted in tihe, re-
search and preparation of this article.
Thai Airways, Malaysia Airlines, Garuda Indonesia,
Aeroflot and Lufthansa, as well as Vietnam Airlines.
China Airlines has announced plans to begin Taipei-I lo
Chi Minh City service on September 6. Bangkok Air-
ways, Malaysia Airlines, Silk Air, Lao Airlines, Vietnam
Airlines ani Kampuchea Airlines are serving h'lnom
I'enh. Passengers may now purchase tickets in the United
States for connecting flights to those cities.
Until very recently, however, the answer for any
airlines interested in direct U.S.-Vietnan/Cambodia ser-
vice was don't even think about it. For nearly twenty
years, the United States has maintained an almost total
embargo on travel, trade, and financial transactions with
Vietnam and Cambodia. As if trying to forget its painful,
decades-long experience in the Indochinese jungles,
America has seemingly pretended that this region no
longer officially exists. Return to normalcy has been
stymied by insufficient cooperation by the Vietnamese
ol POW/M IA (prisoner of war/missing-in action) issues
and lingering ill-will against the Communist regimes.
Whether or not this policy of malignant neglect has ac-
complished its goal is debatable. Now that President Bush
has declared America cured of the Vietnam syndrome,
however, the doors of travel, trade, and investment are
once again opening.
The progress, nevertheless, is gradual. While most
restrictions involving Cambodia have been dropped,
many still remain with respect to Vietnam. Indeed, U.S.
air carriers are still forbidden to serve the market; U.S.-
registered aircraft may not operate there; even foreign
carriers may not fly directly between the United States
and Vietnam---service must be connecting.
This article will explore the legal restrictions on air
carrier service to Vietnam and Cambodia, as the), cur-
rently exist and in their historical context.' It is written
from the practical experience of having advised foreign
airlines that have instituted service to the region.
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