The US Department of Transportation (DOT) has fined Air France and KLM a combined total of $425,000 for operating Delta Air Lines’ codeshare flights over Iraq at an altitude below 32,000 feet. This was in violation of restrictions imposed by the Federal Aviation Administration (FAA).
The FAA specifically prohibits US carriers and operators from flying through certain foreign airspaces where “conflict, militant activity or heightened tensions pose a risk to civil aviation”.
Under a codeshare agreement, one airline can sell tickets for flights operated by another airline under its own flight number. Although the flights in question were operated by Air France and KLM, they also carried Delta Air Lines flight numbers, making them subject to US aviation restrictions.
Both Air France and KLM breached these restrictions while operating flights carrying Delta’s code between 2022 and 2025. Consequently, Air France has been fined $105,000, while KLM has been fined $320,000.
The US Transportation Department said Friday it was fining Air France and KLM a total of $425,000 for operating dozens of flights in Iraqi airspace below a minimum altitude intended to protect them from threats from the ground. https://t.co/R6JkwQTGK7
— Faytuks Network (@FaytuksNetwork) October 23, 2026
The offences were uncovered following investigations by the USDOT’s Office of Aviation Consumer Protection (OACP). The OACP found that, between April 2022 and November 2025, Air France operated over 30 flights carrying Delta’s code through restricted airspace in the Baghdad Flight Information Region. KLM operated over a hundred such flights between January 2022 and May 2025.
US Transportation Secretary Sean P. Duffy warned that complying with US aviation safety regulations was not optional for airlines operating under an American carrier’s code.
“We will not hesitate to hold accountable any airline for failing to comply with agency regulations. Passenger safety comes first – no exceptions”, he said.
Air France and KLM have, however, disputed the circumstances surrounding the violations.
Both airlines informed the DOT that they were fully committed to complying with the regulations and that they took the issue very seriously. They explained that they had planned to operate flights above 32,000 feet, but that local air traffic controllers (ATCs) had either instructed their pilots to descend or refused to allow them to climb to the required altitude due to conflicting traffic.
“Both airlines take their legal obligations seriously and remain committed to complying with all applicable aviation regulations,” KLM stated in a press release.
They also maintained that neither passengers nor crew “were adversely affected” and that the flights should qualify for an exemption for emergency situations, given the potential safety implications of not following ATC instructions.
However, the DOT rejected this argument, stressing that the fines were not imposed because the pilots had followed ATC instructions. Instead, the DOT argued that, given the recurring patterns, the airlines should have anticipated the problem and taken preventive measures, such as rerouting flights or removing Delta’s code from services operating through the affected airspace.
Despite their objections, both airlines have agreed to settle the case to avoid litigation and have been ordered to cease further violations.
Of the combined $425,000 in penalties, $265,000 is due within 60 days. The remaining $160,000 will only become payable if the airlines breach the terms of their respective orders within one year.
In October 2020, the FAA amended and extended its restrictions on flights over Iraq. These restrictions will remain in force until 26 October 2027.
The investigation also revealed that these were not Air France’s only violations. The airline operated several Delta codeshare flights through restricted Somali airspace prior to October 2022. However, the DOT decided not to pursue the matter, as the FAA subsequently amended its regulations to permit such operations.
