#  Fly America Act and Open Skies Agreements Decision Tree 

 



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Updated: July 2025

Contact: [Stacey Clifton](mailto:stacey_clifton@harvard.edu)

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](https://www.gsa.gov/policy-regulations/policy/travel-management-policy-overview/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)](/sites/g/files/omnuum12866/files/2025-12/Fly%20America%20Travel%20Reimbursement%20Exception%20Form_March%202025%20fillable.pdf "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