By Arthur & Castillo (info@aclaw.com)

 

I. Aviation Law Overview

Civil aviation is the key to international tourism, a major source of income for the Dominican Republic (“DR”).

Civil aviation in the DR is regulated under Civil Aviation Law 491-06, dated December 22nd 2006. Its purpose is the regulation of all matters corresponding to the supervision, inspection and control of all domestic or foreign civil aircrafts, their proprietors, operators, crew, passengers as well as any other natural or legal person that intends to operate in the aviation sector within DR Territory.

Law 491-06 created the Civil Aviation Board (JAC) and the Dominican Institute of Civil Aviation (IDAC), the JAC, is in charge of establishing the public policies and economic matters of the Civil Aviation in the DR, and the IDAC, is the specialized and technical authority in regulating and overseeing all civil aviation matters within the Dominican Republic in accordance to the provisions established by Law.

It is under the IDAC’s functions to validate licenses and certificates from other countries when the other country is part of the Convention on International Civil Aviation (Chicago Convention).

II. Aircraft Property Registration and Nationality

Pursuant Law 491-06, any given aircraft shall not be duly registered in more than one country. In that sense, the aircrafts registered in other country can acquire Dominican Registration, prior cancelation of its previous registry in the foreign country.

In order to acquire, modify or cancel the registry of an aircraft, it is mandatory to comply with the formalities established by law and the aeronautical norms and regulations. All requests must be done before the IDAC.

III. The National Registry of Aircrafts

The National Registry of Aircrafts is kept by the IDAC, its aim is to maintain a property registry over all Dominican civil aircrafts. According to Law, the National Registry of Aircrafts may register the following:

  • The Aircrafts nationality marks and registry of aircrafts registered;
  • Deeds or legal documents that constitute, transfer, recognise, modify, take away or affect in any way the property rights of an aircraft and any other aircraft engine and accessories;
  • Court decisions that grant rights over aircraft property or transfer, modify or extinguish the property of aircrafts;
  • Mortgages over aircrafts and over aircrafts engines;
  • Restraints or preventives measures on aircrafts;
  • Agreements on the utilization of aircrafts;
  • Suspension of the aircrafts activities, their cancellation or their loss and any other substantial modifications;
  • Corporate documents of Dominican Aircrafts owners;
  • Insurance contracts constituted on aircrafts or their engines.

IV. Encumbrances, mortgages and seizure over aircrafts

Pursuant Law 491-06, an aircraft can be placed into a mortgage as a security for the repayment of loans. Therefore, the inscription of an aircraft as security would be subject to the provisions established by the Civil Aviation Law, the Dominican Civil Code and special Laws.

V. Licenses and Certificates

Any person who requires a license or a certificate must submit a request before the IDAC. Foreign nationals can also request licenses if their works are carried out within the Dominican Republic.

The owner of any aircraft registered in the Dominican Republic may obtain from the IDAC, a certificate of airworthiness regarding its aircrafts.

Any person can also obtain, after submitting a request before the IDAC, the Air Operator Certificate (AOC).

VI. Classification of air services

According to Law 491-06, the air services are classified as Commercial Aviation, other air works and Non-commercial Aviation services. The local and international air transport operations are subject to the policies and provisions established by law and the regulations established by the JAC and the IDAC.

The commercial air transport is classified as Regular and non-regular, as well as Local and international.

The non-commercial aviation is the one by which its operations are solely based on non-profit activities which includes training, recreation and sports. According to law, the non-commercial aviation should not undertake activities that implies paid air service transportation.

VII. The Certificate of Economic Authorization

Prior the commencement of operations, an air operator requires the certificate of Economic Authorization, which is a certificate issued by the JAC after it verifies that an interested person has the economic and financial capacity to undertake air transport services. The request of such certificate must be made following the requirements established under Law 491-06.

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Questions about this information can be directed to Our Team (info@aclaw.com).

This AC Law Publication is for informational purposes only and is not intended to be construed or used as general legal advice. Any transaction related to any of the described aspects shall require adequate legal assistance in the appropriate jurisdiction. Arthur & Castillo. © 2017. All rights reserved.