The Commonwealth Ports Authority board unanimously voted to rescind its application to reinstate Annex VI of the U.S.-China Civil Air Transport Agreement, citing its potential interference with ongoing Section 902 negotiations.
All five board members present—chair Bartley A. Jackson, vice chair Antonio B. Cabrera, secretary Carline B. Sablan, treasurer Eusebio M. Manglona, and member Dolores P. Kiyoshi—approved the motion during a special board meeting held last March 31 at meeting room 1 of the Francisco C. Ada-Saipan International Airport.
Sablan and Kiyoshi attended the meeting online.
The rescindment stemmed from a request made by the 902 talks working group, with Delegate Kimberlyn King-Hinds in agreement, amid concerns that the pending application was complicating federal discussions tied to the CNMI’s political covenant.
Jackson laid out the rationale early in the meeting.
“The outstanding application is now interfering with 902 negotiations, which are currently ongoing,” he said. “A request has been made to the CPA board … to withdraw the application that was submitted on Sept. 27, 2023.”
He added that the request came broadly from federal and local stakeholders.
“A request has been made … by the executive office, by the congresswoman’s office, by the Tourism Task Force Recovery, by the 902 Task Force to withdraw the application,” Jackson said.
The original application sought to reinstate Annex VI, which would have allowed unlimited direct flights between China and Guam and the CNMI, effectively exempting the islands from federal caps. Filed in September 2023, the request remains pending with the U.S. Department of Transportation.
But nearly two and a half years later, Jackson said circumstances have shifted.
“No action has been taken on that application,” he said. “The presence of the application has been identified as potentially a problem interfering in the successful conclusion of 902 discussions.”
He also warned of potential downside risk if the application were denied.
“The denial of the application could reflect negatively on the 902 discussions,” Jackson said.
Despite the withdrawal, Jackson stressed the move is temporary and strategic.
“We are not saying … withdraw the application and never do it again,” he said. “We are free to submit it again.”
Cabrera, who sat on the board when the request originated, clarified that the intent at the time was more limited.
“It was basically just to request for clarification, not application,” Cabrera said.
He noted the goal was to determine whether Annex VI—originally part of a 2007 framework—still applied in the post-COVID aviation landscape.
“We just wanted clarification from [the Department of Transportation],” Cabrera said.
Still, Cabrera signaled support for the rescindment in light of the current negotiations.
“I do not know, I’m not a member of the 902 talks, so if that’s going to make their work easier, I will go for it,” he said.
Jackson underscored that what was once a divisive issue now carries unified backing.
“Now, there is universal consensus that this is the best course of action … from all parties involved,” he said.
Following discussion, the board formalized the motion to withdraw the specific application filed under a U.S. Department of Transportation docket. A roll call vote followed and all five members present voted in favor.
The decision also clears the way for CPA’s inclusion in the 902 process.
“CPA has now been invited to participate in the 902 talks as part of the negotiating group,” Jackson said.
He added that the agency had previously been excluded due to the pending application.
“They didn’t even want us on the working committee because there was such an issue,” Cabrera noted.
With the application now withdrawn, CPA leadership is expected to join the 902 working group later this week.
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