The US Department of Transportation (DOT) is proposing to bar Chinese airlines from flying over Russian airspace on passenger and cargo routes to the United States, citing compliance requirements under a longstanding bilateral air transport agreement.

According to an October 9 regulatory filing, the proposed order would condition the granting of US operating permits and exemptions of seven Chinese carriers, Air China, Beijing Airlines, China Eastern Airlines, China Southern Airlines, Hainan Airlines, Sichuan Airlines, and Xiamen Airlines, on their adherence to Article 2(4) of the 1980 US-China Civil Air Transport Agreement. That article stipulates that the operation of agreed services by designated airlines over third countries shall be conducted on routes available to the airlines of both parties, unless otherwise agreed. The DOT said the clause aims to prevent competitive imbalances.

Since Russia closed its airspace to US carriers in May 2022, US airlines have been forced to take longer, less economical routes, while Chinese carriers continue to fly through Russian airspace on US-China services, the DOT stated.

The US currently allows 50 weekly round-trip flights between the two countries.

The DOT said it is acting to correct the competitive disparity by enforcing compliance with Article 2(4). "Specifically, the Department proposes to prohibit the above-named Chinese air carriers from utilising Russian airspace in their passenger or combination services between China and the United States," it said.

If finalised, the restriction would take effect 30 days after the final order is issued.

The DOT has given interested parties two business days to comment on the tentative decision and two additional days to reply.