03 04 96 08 15 FAA AVR-1 '6'202 267 9675 CHRONOLOGY OF EVENTS INVOLVING BROTHERS TO THE RESCUE i·AA ACllONS 1992-1995 FAA Flight Standards personnel investigate individuals involved with Brothers to the Rescue BTR including Mr Jose Basulto7 BTR's president as a result of a number of incidents of accidents caused by failure to comply with FAA mandated safety regulations Actions taken include safety meetings with BTR pilots development of a safety program for BTR pilots and enforcement investigative reperts · 3 10 95 FM issues an Order of Suspension 90 days against Carlos E Gartner associated with BTR Gartner was cited for striking the mast of a sailing vessel canying Cuban refugees on June 19 1994 with the wing of bis PA·23 The boat was sailing and the aircraft was flying over the Straits of Florida between the Florida Keys and the north coast of Cuba 7 11 95 Miami Flight Standards District Office officials meet with Jose Basulto to stress the consequences of unauthorized entry into Cuban airspace and to inform him that any violations of FAA or international regulations will be vigorously investigated and adjudicated Further every general aviation pilot filing a flight plan for July 13 1995 foe operation in the vicinity of a planned Freedom Flotilla demonstration will be notified of the consequences of any violations The flotilla event was planned to commemorate the sinking of the tugboat 11Trece de Marzo on July 13 1994 by the Government of Cuba 7 -- - 7 13 95 Jose Basulto operated an aircraft on a passenger-carrying flight departing Opa Locka Florida During the flight he operated the aircraft into Cuban airspace when he did not have a clearance from the Cuban air traffic control authority for entry into and operation within that airspace 7 26 95 Jose Basulto issues statement critical of the President Clinton Administration's policy towards the illegitimate Castro regime The statement was also critical of U S governn1ent 11 sanctions against BTR pilots for airspace violations •· 8 24 95 FAA issues statement acknowledging receipt of an August 21 ·1995 letter and supporting documents from the Civil Aeronautics Institute of Cuba regarding violations of the Cuban aeronautical laws committed by U S registered aircraft on July 13 The letter also expressed concern about the safety ofBTR's planned activities for September 2 1995 and indicated that the Cuban authorities were considering canceling overflight operations over Cuba on that date 8 29 95 FAA issues statement announcing plann d actions in anticipation ofBTR's flight activities scheduled for September 2 over the Straits of Florida FAA act ons include meetings with BTR leaders to advise them that violations of FAA and international regulations would be thoroughly investigated and adjudicated The FM also issues a Special Notice to Airmen cautioning U S certificated pilots that they are subject to the actions of the Cuban government if they violate Cuban airspace '41003 - 03 04 96 08 15 '5'202 267 9675 FAA AVR-1 @004 8 31 95 FAA officials meet with Alfonso Fraga Principal Officer Cuban Interests Section in FAA Washington Headquarters The primary purpose of the meeting is Lo deliver an official FAA response to the August 21 letter received from the Civil Aeronautics Institute of Cuba and to provide an update of the status of the investigation of the July 13 incident 9 1 95 FAA issues statement announcing Notice of Proposed Certificate Action issued on August 31 to suspend Jose Basulto's pilot cenific ate for 120 days for violations ofFederat · Aviation Regulations FAR 91 703 operations within a foreign country must comply viith that country's mies and FAR 91 13 aircraft may not be used in a careless or rec kless manner 9 2 95 Bad weather forces BTR to cancel its flights in support of Freedom Flotilla demonstrations 9 6 95 A National Transport Safety Board NTSB Administrative Law Judge AU heard an FAA enforcement case against Carlos E Gartner associated with BJR operations for a Jun 19 _ 1994 low flight incident The AU reduced the proposed 90 day certificate suspension to a I c -o--O civil penally FAA is appealing to the full NTSB 9 21 95 Jose Basulto•s attorneys request the FAA provide copies of the evidence supporting the allegations against Mr Basulto and copies of lhe Cuban regulations he allegedly violated Mr Basulto•s attorneys also request an informal conference on Basulto's proposed 120 day suspension 10 2 95 FAA requests via State Department from the Cuban government any evidence that - __ might support the charges against Jose Basulto as well as copies of the Cuban regulations violated · by Mr Basulto upon bis unauthorized intrusion into Cuban airspace on July 13 A diplomatic· note was delivered by the U S government lo the Cuban government on October 5 I 0 17 95 State Department issues a statement in anticipation of a nFlotilla event-to approach Cuban territory on October 21 to coincide with Cuban President Castro's trip to New York for the 50th anniversary of United Nations the 10 19 95 The FAA issues a Notice to Airmen advising U S airmen and operators to strictly · -abide by-international-and FM regulationsi as-well- as all applicable Cuban laws rules and regulations inihe Straits of Florida in anticipation of activities in the area The notice makes specific mention of Cuba's determination to take action against aircraft violations of Cuban airspace 12 1 95 FAA received evidence and other information requested from the Cuban government regarding the July 13 1995 violation of Cuban airspace by Mr Basulto 1 13 96 Stare Department receives diplomatic note from the Cuban government in which it notifies concern regarding aircraft which allegedly entered Cuban airspace from U S territory without proper authorization BTR claims having overflown Havana on 1 13 96 U U' O UO J t i ·o· u tH IHl75 FAA AVR-1 ' 1 18 96 FAA requests via State Department from the Cuban government any corroborating evidence to support assertions of unauthorized flights into Cuban airspace on January 13 1996 Miami Air Route Traffic Control Center is unable to substantiate the flight s with radar data or radio transmissions 1 19 96 State Department delivers a diplomatic note to the Cuban government requesting relevant information with respect to January 1996 alleged incidents 2 14 96 FAA requests through the Department of State that the Cuban government provide more complete and specific information regarding the July 13 1995 incident to supplement what had already been submitted 2 20 96 State Depru1ment delivers diplomatic note to the Cuban government requesting additional specific information at FAA's request related to te timony provided to substantiate the July 13 1995 unauthorized flight into Cuban airspace 2 16 96 FAA receives documents from the Cuban government related to alleged January 1996 incidents ··-- ---·· 41005