Bombardier Inc. (“Bombardier”), the Montreal based aerospace company, operates two aerospace training centers – one in Montreal and the other in Dallas, Texas – at which pilots are trained on the types of aircraft produced by Bombardier. Bombardier holds a training certificate from the US Federal Aviation Administration under which it is authorized to provide the necessary training to pilots holding US licenses.
Almost immediately after the terrorist attacks of September 11, 2001, the United States implemented enhanced security measures. Such measures included enacting, in November of 2001, the Aviation and Transportation Security Act (the “Act”). The Act required that any organization (including Bombardier) wishing to provide pilot training to an individual who was not a US citizen, submit the individual’s name to US authorities for security screening: Screening of Aliens and Other Designated Individuals Seeking Flight Training. The security training was carried out by the US Department of Justice (“DOJ”) until the end of September 2004. At that time, the United States passed even stricter security screening requirements and transferred control over screening to the Department of Homeland Security.
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