AIRSPACE MANAGEMENT AND INTERNATIONAL ISSUANCE OF NOTICES TO AIRMEN

To address the risks to civil aviation as a result of the military being placed on high alert on January 8, 2020 and the positioning or re-positioning of mobile air defence units, Iran’s Final Report asserts that three mitigation measures were implemented. Only the third mitigation would have applied to Flight PS752 and its planned operations:

• Evacuation of four parallel airway routes in the west of the country;

• A ban on traffic exchange between the Tehran and Baghdad Flight Information Regions (FIR); and

• Coordination with the air defence sector prior to issuing start-up approval for departing flights.13

Iran decided to keep the majority of its airspace open for civilian aircraft and did not share information about the elevated risk with either air carriers or pilots using its airspace during the night and early morning of January 7–8, 2020. It is the Forensic Team’s view that this was not consistent with international standards that require issuing such warnings when there are “hazards” to the safety of civilian aviation.

At no time did Iran issue a notice to airmen (NOTAM) or aeronautical information circular (AIC) to civilian airlines for the area around Tehran. NOTAMs and AICs are the most commonly used way for States to convey flight safety information. Given the dangerous situation, the conditions in Iran warranted the issuance of NOTAMs to advise civilian aircraft of ongoing military activities. NOTAMs No. A0086/20 (ban on Iran–Iraq traffic exchange) and A0087/20 (evacuation of four parallel airways), as identified in Iran’s Final Report, are irrelevant to the shoot-down as they were not issued until 09:19 TT and 10:23 TT respectively on January 8, 2020 – several hours after the downing of Flight PS752. In fact, in spite of the mitigations Iran claimed to have put in place, with the exception of the four airways in the west, the majority of Iranian airspace remained open for civil aircraft arriving at or departing from Iranian airports, as well as aircraft navigating through Iran without stopping (overflights). (See Annex C for further information on international requirements and NOTAMs.)

It was during this period of elevated risk and heightened Iranian military alert levels that UIA Flight 752 departed from IKA on January 8, 2020 at 02:42 UTC (06:12 TT) and headed northwest towards Parand, Iran. (See Annex D for further information on Flight PS752 aircraft details.)