Fly America Act and Open Skies Agreements Decision Tree

Updated: July 2025

This decision tree is to be used prior to booking non-U.S. flag carrier flights on federal awards to ensure compliance with the Fly America Act and Open Skies Agreement. Check award terms to ensure Open Skies is available as an exception. Use this decision tree in conjunction with the Fly America Travel Reimbursement Exception Form (FATREF) to document any exceptions.

Question 1: Are you using federal funds to purchase a flight with a non-U.S. airline for travel to or within a foreign country?

Yes: Go to Question 2.
No: Fly America Act does not apply when purchasing flights on a U.S. flag carrier.

Question 2: Is your travel to or within a foreign country funded by an award from the Department of Defense (DoD) or Secretary of a military department such as the Air Force, Army or Navy?

Yes: You are not permitted to take advantage of the Open Skies Agreements. You must fly on a U.S. flag airline unless you meet an exception listed in question 5. Exceptions must be documented by completing a FATREF.
No: Go to Question 3.

Question 3: Is your destination in one of the countries that are part of the Open Skies Agreement (European Union, Australia, Switzerland, Japan, Norway, Iceland)?

Yes: You may fly on a foreign air carrier covered by these agreements. Complete a FATREF.
No: Go to Question 4.

Question 4: Are you using a European Union air carrier and touching down in a European Union country on the way to your foreign destination?

Yes: You may fly on an EU airline with the EU Open Skies Agreement. Complete a FATREF.
No: Go to Question 5.

Question 5: Fly America Act Exceptions (aside from the Open Skies exception):

Travel time is extended by 24+ hours, including delays.
Using a U.S. carrier adds 2+ aircraft changes outside the U.S., extends travel by 6+ hours, or requires a 4+ hour layover.
Medical reason or risk to traveler’s safety
Use of U.S. flag carrier reroutes the traveler onto a foreign carrier
Lowest economy fare seating is unavailable on a U.S. flag carrier but available on a foreign carrier
Foreign carrier's flight is 3 hours or less, and using a U.S. carrier doubles travel time.
No U.S. carrier is available at the time of booking.
Yes: You may fly on a foreign air carrier. Exceptions must be documented by completing a FATREF.
No: You must fly on a U.S. flag carrier or charge the travel to a non-sponsored account

Fly America Act and Open Skies Agreements Decision Tree

Question 1: Are you using federal funds to purchase a flight with a non-U.S. airline for travel to or within a foreign country?

Question 2: Is your travel to or within a foreign country funded by an award from the Department of Defense (DoD) or Secretary of a military department such as the Air Force, Army or Navy?

Question 3: Is your destination in one of the countries that are part of the Open Skies Agreement (European Union, Australia, Switzerland, Japan, Norway, Iceland)?

Question 4: Are you using a European Union air carrier and touching down in a European Union country on the way to your foreign destination?

Question 5: Fly America Act Exceptions (aside from the Open Skies exception):

Travel time is extended by 24+ hours, including delays.

Using a U.S. carrier adds 2+ aircraft changes outside the U.S., extends travel by 6+ hours, or requires a 4+ hour layover.

Medical reason or risk to traveler’s safety

Use of U.S. flag carrier reroutes the traveler onto a foreign carrier

Lowest economy fare seating is unavailable on a U.S. flag carrier but available on a foreign carrier

Foreign carrier's flight is 3 hours or less, and using a U.S. carrier doubles travel time.

No U.S. carrier is available at the time of booking.