Air Senegal's top management is in a state of flux. The Senegalese airline deplores IATA's "deliberate" withholding of its funds, which it claims is in "flagrant contradiction with the fundamental principles of OHADA law." In its right of reply, which Seneweb publishes in full, the national flag also clarifies its position on the dispute with Carlyle (the source of this fund seizure).

Right of reply: Carlyle Aviation vs Air Senegal case and the role of IATA

In response to articles published on the litigation between Carlyle

Aviation at Air Senegal, the national airline wishes to clarify its position and challenge the actions of the International Air Transport Association (IATA) in this matter.

Air Senegal deplored the deliberate retention of its funds by IATA through the BSP (Billing and Settlement Plan) system. This action, which amounts to a seizure of funds, is in flagrant contradiction with the fundamental principles of OHADA law governing the matter, in particular Articles 57-74, 156, 161 and 167 of the Uniform Act on the Organization of Simplified Recovery Procedures and Enforcement Means (AUPSRVE). Articles 57 and 156 of the AUPSRVE are unequivocal and govern the conditions under which precautionary or enforcement measures may be taken. An entity like IATA cannot be mistaken on points of law.

Moreover, it is important to emphasize that IATA, as an organization that should have a duty of confidentiality, is acting proactively in this commercial dispute. Its mission should be limited to facilitating transactions between airlines and travel agencies.

In any event, Air Senegal's position is clear and unwavering: IATA is exceeding its prerogatives by withholding funds it holds through the BSP system.

The national flag reiterates its determination to defend its interests and assert its rights by all appropriate legal means so that this prejudicial situation ends and its funds are released without delay.

The General Management