The department said that between December 2021 and August 2022, Emirates operated a significant number of flights carrying the JetBlue Airways code between the United Arab Emirates and the US in airspace prohibited by the Federal Aviation Administration to US operators.

This conduct also violated a consent order issued in October 2020 fining Emirates for operating other flights in airspace under an FAA prohibition.

Emirates was ordered to pay US$200,000 under the 2020 order and another US$200,000 if it violated the order within a year.

JetBlue, whose code share with Emirates ended in 2022, declined to comment. Emirates did not immediately respond to a request for comment.

The department said flights at issue had traversed the Baghdad Flight Information Region below certain altitudes, which the Federal Aviation Administration has prohibited all US air carriers, all US commercial operators and code shares from operating without special permission.

Emirates could face another US$300,000 fine if it violates the rules again within a year.

Emirates told Usdot it prioritises the safety of passengers, employees, and other airspace users, adding the flights in question only operated below the allowed level “as a result of direct instructions from the relevant air traffic controllers” and in some cases to avoid a collision.

Emirates argued the pilots “were legally obliged to follow the instructions of the relevant air traffic controllers and any failure to comply with such instructions would have had significant safety implications,” the department said.