16 Mar 2022
There are around 800 private aircraft listed in the Middle East and North Africa (MENA) Region, and with the global situation of the COVID-19 and the importance of the social distance, the flights in private jets have increased, and UAE is not the exception. A private aircraft is any aircraft that makes personal or business flights that do not include carrying passengers or cargo for commercial purposes.
Federal Law Number 4 of 1996 established The General Civil Aviation Authority (GCAA) as General Authority to execute the Civil Aviation law in UAE. One of its objectives is to determine the conditions for the registration of aircraft in the UAE and notify the International Civil Organization regarding aircraft to which these matters apply and any changes that may occur to that. Additionally, each Emirate has its aviation authority, for example, the Dubai Aviation Authority (Law Number 21 of 2007) and the Department of Abu Dhabi Civil Aviation.
The principal legislation governing in UAE the matters about aviation are:
- Federal Law Number 20 of 1991 (the Civil Aviation Law);
- Federal Law Number 4 of 1996 (the Aviation Authority Law);
- Federal Law Number 20 of 2001 (the Amendments in the Aviation Authority Law); and
- Federal Law Number 8 of 1983 (the Commercial Transaction Law).
The Civil Aviation Law lays down in Article 6 that all the aircraft operating in the UAE’s territory must have authorization or permit is issued by the competent authority. Article 7 states the requirements that must have the aircraft working in UAE, such as the aircraft must be registered in the State; it must carry a valid certificate of airworthiness issued by the State, it must display its registration and nationality marks, the aircraft must carry the instruments and equipment required by the State and members of the flight crew must have valid licenses issued by the State of the registry. Furthermore, Article 28 established that the Competent Authority (GCAA) must maintain a special aircraft register following the terms and procedures. It is mandatory to emit a registration certificate.
Documents required for Aircraft registration:
As per Civil Aviation Advisory Publication (CAAP) 58 of November 2012 about guidance on Aircraft Registry Requirements, With the help of your trusted aviation lawyers you can submit the following documents for aircraft registration to the GCAA website.
- Power of attorney or board resolution when the applicant submits the online application acting on behalf of the aircraft owners.
- Photocopy of the ID or passport of the owners.
- Photocopy of valid UAE residence of the applicant (when applicable).
- Any instrument or contract agreement, for example, bill of sale, mortgage, or other document affecting title to, or interested in, aircraft property shall be signed in ink by all parties involved and define sufficient detailed ownership evidence to the approval of the GCAA.
- Evidence of the Managerial title (if the owner is a corporation).
- Aircraft Insurance Certificate policy.
- Any other documents required by the GCAA. These documents must be shown in original to the Airworthiness Inspector in charge, and in the file, records must be the true copies. The aircraft model must be type received in the UAE or released from the UAE type confirmation through a grandfather clause or has a maximum takeoff mass of less than 5700 kg.
In the case of a not new aircraft:
There will be a necessary de-registration certificate from the State’s regulatory authority where the plane was registered for the registration process in the GCAA. Additionally, a certificate is required to demonstrate that the aircraft has no liens or any pending mortgage. If liens do exist, the authority must provide a no-objection letter. Once the registration is finalized and the certificate of registration is obtained, the applicant must submit all documentation produced under this procedure for the aircraft file records on a CD as per the Aircraft Delivery filing checklist form AWF-AFC-001. When a change of ownership of the aircraft happens or a change in the mortgage status, the registration certificate must be deemed to be canceled and the registered owner or his representative must immediately inform this fact to the GCAA.
The GCAA will process the request if the following procedure is completed:
- The power of attorney or board resolution when the applicant submits the online application acting on behalf of the aircraft’s owners,
- The name and address of the new owner, and date of change ownership,
- Documents of the new Company/Limited partnership,
- Evidence of new ownership to the satisfaction of the GCAA,
- The lease/mortgage agreement must be submitted (if applicable),
- Proof of acknowledgment of the operator,
- The original C of R with the backside of it signed by the owner or his authorized representative,
- Copy of IDERA or letter of the undertaking if it has been previously recorded,
- Consent letter of the authorized party introduced on the IDERA,
- Consent letter or no Objection Certificate from the lien holders to the GCAA on the amendment of the COR,
- Replacement of fireproof ownership plates,
- Recent IDERA letter (if applicable) and GCAA fee.
For the de-registration process, the application must be submitted to the GCAA website with the following documentation:
- The power of attorney or board resolution when the applicant submits the online application acting on behalf of the aircraft owner,
- Aircraft type model, manufacture name, serial number, and registration mark of the aircraft,
- Reason for the de-registration request.
- The name of the person, mailing address of the responsible authority of the State of the registry to which the plane is to be transported ( if applicable), and
- Other documents, such as satisfactory evidence that each registered owner has consented to the de-registration,
- Consent letter from the aircraft operator,
- The original certificate of registration of the aircraft must be returned duly signed on the back by the registered owner,
- Proof that the aircraft UAE Mode S code has been canceled, etc.