Garuda Indonesia Flight 152 is wholly owned by the Indonesian government, could be held liable under two exceptions to the Foreign Sovereign Immunities Act. She contended that because Garuda was authorized to operate in the United States at the time, the immunity had been explicitly waived under the rules of the Department of Transportation, which requires foreign air carriers to open themselves to suit in the United States as a condition of being allowed to fly to, from, or within this country. The waiver is limited to actions arising under treaties. Coyle also claimed that by selling tickets in the United States, Garuda waived
Garuda Indonesia Flight 152 activity of the foreign state elsewhere [when such] act causes a direct effect in the United States.” The fact that Garuda sold tickets in the United States did not furnish a sufficient nexus to subject its domestic flights to the exception, the judge wrote. Senior Judge Ferdinand F. Fernandez and Judge Raymond C. Fisher joined in the opinion that ended Coyle's suit. Garuda Indonesia's fleet of ATR 72-600 aircraft use the same registration numbers as their previous fleet of Airbus A300, meaning that the registration PK-GAI was passed onto a currently-in-service ATR 72-600. The crash of Garuda Indonesia Flight 152