UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
STATE OF WASHINGTON,
Plaintiff DECLARATION OF ROBERT
DZIELAK
DONALD TRUUP, in his official
capacity as Presilent of the United
States; U'S, DEPARTMENT OF
HOMELAND SECURITY; JOHN F.
KELLY, in is official capacity as
Scoretary of the Department of
Homeland Security, TOM SHANNON,
inhis official capacity as Acting
Seoretary of State; and the UNITED
STATES OF ANERICA,
Defendants
Pursuant to 28 U.S.C. § 1746(2), I, Robert Dvielak, hereby declare as follows:
1. TamExecutive Vice President, General Counsel, and Seeretary of Expedia,
Ine. (“Expedia”), [work at Expedia’s Bellevue, Washington headquarters. I have personal
knowledge of the matters stated herein, and ifcalled as a witness, I could and would testify
competently thereta
2. Expedia isthe world’s largest online travel company, with an extensive
portfolio that includes some of the world’s leading online travel brands, Collectively,
DECLARATIONOF 1
ROBERT DZIELAK,[Expedia's brands cover virtually every aspect ofrescarching, planning, and booking travel
‘The unnual value of travel booked on Expedia's websites exceeds $72 billion
3. Expedia operates travel websi
in over 75 countries. Expedia's websites
service over $5 milion flight shoppers per month, 450 milion site visits per month, and 8.6
billion flight searches per year.
4. Expedia employs approximately 20,000 workers across the globe, over 3,500
of whom work in tke State of Washington,
5. Tunderstand that, based on the World Travel and Tourism Council's 2016
Economic Impact Report (“WTC Report”), in 2015, the broader travel and tourism industry
‘contributed a total of $1 469.9 billion to the United States Gross Domestic Product (“GDP”),
(or 8.2% of total GDP. The industy’s contribution to total GDP was forecasted to rise by
3.0% in 2016, and w rise by 3.4% per yeur to $2,118.6 billion, or 9.3% of GDP, in 2026.
6. Tunderstand that, based on the WTTC Report, in 2015, the broader travel and
tourism industry diectly supported 5,633,000 jobs, or 3.8% of total employment in the
United States. That percentage was expected to rise by 1.2% in 2016, and by 2.4% per year
{0 7.248,000 jobs, er 4.5% of total employment in the United States, in 2026.
7. Oncof Expedia's 2017 key corporate goals is to “Go Global." The company
believes that its growth prospects are best furthered by expanding its services to satisfy travel
{demand across the world, To that end, Expedia strives to make global travel seamless and
casy forthe millions of eustomers it serves worldwide, In order to serve the global travel
‘marke, i is crucial that Expedia hie talent from around the world to provide a broad
spectrum of insights, ideas and perspective tothe travel services and destinations that it
offers. In addition, many Expedia employees regularly travel among its worldwide offices as
part of ther jobs; staring ideas and cultures all withthe aim of developing and providing the
best travel tools ané options forthe global travel marketplace. Expedia believes that hiring
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‘employees fom diferent parts ofthe world, with different backgrounds and perspectives,
spurs innovation aed creates a cher environment fo its employees.
8 OnTridey, January 27,2017, Expo eared that President Donald Trump
issued an executive order tied “Proteting the Nation fom Foreign Terorst Entry Into the
‘United States" whish bans travelers from Syria, Yemen, Sudan, Somalia, ra, Ian, and
Libya ftom entering the United States “Exceutve Order.
9, Expedia believes that the Executive Oder jeopardizes its corporate mission
and could have a detrimental impact on its business and employees, as wel as the broader
US. and global travel and turism industry.
[Impact of Exccutive Order on Expedia's Business
10, Sine: Expedia began offering iravel bookings in 1996, itetimates that it has
served a east one hundred thousand customers who have passports issued by one ofthe
seven counties that are impacted by the Executive Order.
11, Aso Janvary 29,2017, at east 1,000 Expedia customers who bold passports
issued by one ofthe seven impacted counties have purchased current iierais that involve
‘ight to, fom or dough the United States. Almost $00 ofthe lights have a US. origin,
over 500 have a US. destination, and approximately 30 have connections inthe United
States.
12, Expediatas and wil continue to incur inereased business costs to research
and understand whih of ts customers may be impacted by the Executive Order an to assist
those customers in making altemative travel arangements,ineladingeanestng and
booking flights, hotels and other travel services and obiaining refunds and/or credits for
those customers from airlines, hotels and other travel suppliers. Expedia is in the process of
contacting all affected travelers and continues to ineur costs to monitor the impacts ofthe
Executive Onder and determine how best to take cae ofits customers around the globe.
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13, Additionally the uncertainty surounding the Executive Order eretes
significant dificultes forthe operation of Expedia's business. It is not clear which of
Expedia's customs will he affected by the Executive Order or how they willbe affected.
Asa est, Expedia is incuting inzeased business costs to monitor developments related to
the interpretation asd application ofthe Executive Onder.
14, The ivect financial impact to Expedia resulting from the Excetive Order,
sanging fom increased business costs to the broader impact onthe global travel masket, is
not yet known,
Impact of Exceu a's Emplovees and Recruitment
15, ‘The Bxecutive Order has restrained Expedia employees" ability to travel
freely, for professicnal or personal purposes.
16, _ARterthe issuance of the Executive Order, Expedia advised all ofits
employees who arefrom one of the seven impacted countries and currently Tocated inthe
United States to retin from traveling until further notice. Expedia advised all ofits
«employees who are from one ofthe seven impacted counties and currently traveling outside
ofthe county to contac immigration counsel immediately.
17, Expedia providing legal counsel and immigration services, at its own
expense, tall affected employees.
18. Based onan inal eview, Expedia has atleast wo employees who work in
technology jobs in Bellevue, Washington who, under the Executive Ordet, woud be at rsk
for nt being re-admited tothe United States i they wer to leave, Because of the Exceuive
Onde, these employees are unable to travel freely abroad to conduct business or their
personal affirs
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19, Expedia also as @ numberof employees in offices ouside ofthe United
States who are unable to travel to Expedia's U.S. headquarters or other offices in the United
States for work due to the Executive Ordee.
20. Asie from the personal cots to each ofthese employees, the Executive Order
imposes restraints cn Expedia's bility to efficiently operate its busines.
21. Expalia expects that ts ability to recruit talent from around the globe to
support its growing business will suffer as a result of the Executive Onder.
| declare under penalty of perjury that the foregoing is true and correct
[Execute this 30th day of January, 2017,
Rober Datelak
DECLARATION OF 5
ROBERT DZIELAK