Operational threat identification and risk mitigation remain a primary concern for those who operate internationally. NTSB senior air safety inspector Roger Cox, the lead investigator on the Gol Airlines/ExcelAire Legacy midair, used the accident as an example of why international operators should take the time to fully understand what may be asked of them in less than normal situations in another country.
He explained that the state of registry is responsible for the investigation of an accident on foreign soil, in this case Brazil, under ICAO Annex 13, meaning the NTSB can act only as an advisor. In this case, the NTSB filed a Safety Recommendation Letter after the Brazilian report was released. “The U.S. team has no substantial disagreements with the facts gathered,” Cox said. “However, the interpretations, conclusions and understandings differ in a number of respects.” For example, Brazilian investigators were not allowed to interview the individual controllers involved in the accident.