Aruba Offshore Aircraft Registration 2018 | Aruba Jurisdiction Aircraft Registration | AIC JETS Corp.
 
 
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Aruba Aircraft Registration Guide

 
 

It typically takes between 24 hours and 48 hours to add an aircraft to the Registry of Aruba.

Aircraft considerations

Weight restrictions for jets:

5,700 kg (12566,35 lb.) Aircraft type issues: EASA, FAA, Transport Canada, & Brazil Age Restrictions: Aircraft manufactured before 1 January 1980  Notes:  Please note that the answers are based on a Privately Operating Aircraft

Structuring requirements

Nationality requirements: There so no requirement, because in Aruba you are able to register your aircraft via Domicile. Aruba offers registration through domicile, meaning you can now register an aircraft in Aruba without the need of establishing an Aruban company. Qualified foreign legal-corporate entities & U.S. Trustees can keep their existing company structure by electing Domicile & appointing a qualified local representative when registering an aircraft in Aruba. The registration of an aircraft under the Domicile regime does not create a taxable presence in Aruba & the representative acts only as a local agent.

Typical structures (i.e. Company with limited shares):

Aruban A.V.V. or Domicile

Is there a need to hold local shareholder or director requirements?

No. If registering with Domicile you would need a local representative

Local office/physical presence required?

No

Due diligence issues:

Yes

Continuing requirements (include fees and fillings):

Requirement to keep the registering company in good standing. Annual local representative fee if registered with Domicile.

Use and operation of the aircraft

Private use?

Yes

Charter use?

Yes

 

Registration requirements:

Submit required application forms

Aircraft not eligible for registration

  • Fixed wing aircraft having a maximum takeoff weight of less than 5.700 kg;
  • Aircraft manufactured before 1 January 1980; • Aircraft with piston engines;
  • Rotorcraft having a maximum takeoff weight less than 2.000 kg (*);
  • Seaplanes;
  • Single engine aircraft;
  • Fixed wing aircraft with Chapter 1 or 2 noise certification standards;
  • Aircraft not originally type certificated in accordance with JAA, FAA, Canadian or Brazilian regulations;
  • Aircraft that have been de-registered (nationless) for more than 6 months;
  • Aircraft that have not been in operation for more than one (1) year and have not been maintained in accordance with an approved storage program.
  • Notwithstanding the above, the following aircraft types are not eligible for registration in Aruba:

– Boeing 707/720 series;
– Boeing 727 series;
– Boeing 737-100/200 series;
– Boeing 747-100/200 series;
– DC-8 series;
– DC-9 up to 50 series;
– DC-10 series;
– BAC-1-11 series;
– Lockheed L-1011 series;
– Lockheed Jetstar series.

Certificate of Airworthiness requirements:

Annual CoA inspection and necessary documentation for the renewal of the certificate The Certificate of Airworthiness is valid for a period of maximum one year. The certificate can be renewed for that same period. If renewal takes place before the expiry date, the remaining time can be credited for the next due date, for a maximum of one month.

First Issuance

For the first issuance of a Certificate of Airworthiness an airworthiness inspection by the DCA Airworthiness Inspector is required. Also the following documents shall be submitted:

  • Completed application Form for a Certificate of Airworthiness (DCA Form INS-4.009);
  • Copy of previous Certificate of Airworthiness;
  • Summary of maintenance status;
  • The current Aircraft Maintenance Program;
  • Required manuals / documentation for the Type Certificate acceptance (if applicable);

Renewal

The continuing airworthiness of the aircraft shall be determined in relation to the appropriate airworthiness requirements in force for that aircraft. An airworthiness inspection by the DCA is hereby required. To renew the Certificate of Airworthiness, the following has to be submitted:

  • Completed application form for a Certificate of Airworthiness (DCA Form INS-4.009);
  • Summary of maintenance status;
  • All other requirements as per AMC-012. In order to renew the Certificate of Airworthiness, the operator shall submit the application no later than 30 days before the expiry date of the Certificate of Airworthiness. At least 45 days before expiry the operator shall provide the DCA with an estimated date and location for the renewal inspection.

Operation requirements:

The operator has to identify:

  • Operating base: The location from which operational control is exercised.
  • Home base of the aircraft: Location where aircraft spends most of its time, from where most flights originate and terminate.

An application for registration will also be  denied in case the following applies:

If the operation is based in one of the following States;

A State that has been audited unsatisfactorily by ICAO (in case the intended operation is commercial). In case the intended operation is non-commercial a determination by the DCA will be made.

  • A State that has been assigned by the FAA as a Cat. II country (in case the intended operation is commercial). In case the intended operation is non-commercial a determination by the DCA will be made.
  • A State that is suspected to be involved in or supports terrorists or terrorist activities.
  • A State that is involved or that is about to be involved in a war or civil war.
  • A State that is subject to an international embargo (e.g. by the UN).
  • A State that is difficult to access by DCA inspector for safety oversight purposes.
  • A State not showing willingness or not able to actively co-operate with the DCA for safety oversight reasons; a State that has been evaluated/audited by the DCA and that has shown not to be up to applicable ICAO standards.
  • A State not showing willingness or not able to receive transfer of certain or all functions, duties and responsibilities in respect to the oversight of an operator (in case the intended operation is commercial).
  • A State or Region that has been declared by the DCA as not suitable to have an Aruban registered aircraft or operator based.
  • An application for registration will also not be considered if:
  • The operator is in non-compliance with the standards of ICAO Annex 1, Annex 6, Annex 8, Annex 17, Annex 18 and associated Doc’s.
  • The operator is not able or not willing to operate the aircraft in accordance with this policy or the Aruban Aviation regulations.

 

Inspection interval: Annual

Costs and service Initial cost:

Based on the MTOW of the aircraft Annual cost: Based on the MTOW of the aircraft Average time needed to register an aircraft (estimate):  Aircraft registration in Aruba typically takes 24–48 hours after the airworthiness inspection is complete and as long as all the necessary documentation is satisfactory upon receipt.

Cost to register mortgage:  

To register a right of first mortgage in Aruba one is obligated by law to use the services of a civil law notary licensed in Aruba. There are only 4 of these notaries permitted by law. The fees levied by the notaries are based on a pro-millage of the principal value of the mortgage increased with 40%. In addition there is stamp duty and government fees involved for recording the mortgage. These costs are exclusive of legal fees, which include procuring a judicial approval prior to establishing a right of first mortgage. This process typically takes 2 – 5 weeks. Note: Under Aruba law it is since the introduction of the Cape Town Convention to create similar “mortgage” protection by virtue of a right of first pledge under Aruba law, recordal of same with the Tax Authority for perfection purpose and creation of an International Interest. Due to the nature of the right of first pledge it doesn’t require a notarial deed and the establishment process is a lot simpler it allows business jet financiers to create the proper collateral under Aruba law same day at a fraction of the cost of a traditional right of first mortgage, which was the only instrument available prior to the Cape Town Convention.

Cost to register priority notice (if applicable):

Not applicable in the case of a right of mortgage.
Cost to deregister aircraft: $500

Cost to discharge mortgage:

The cost of a civil law notary to discharge a right of first mortgage is around US$ 900 – $1500.  These cost are exclusive of legal fees.

Notes:

Our fees are all inclusive of Certificate of Registration, Certificate of Airworthiness, Noise Certificate, Aircraft Radio Station License, Mode S code designation, out-of-sequence registration marks, AFM approval, Minor and Major Mods approvals, Airspace approvals (RVSM, MNPS, etc.), AWOPS, initial manuals review and approval for (MEL, MP, MCM, etc.)

Financing Governing law of mortgage: A right of first mortgage of Aruba is established under Aruba law. Parties can choose the law that will govern the underlying loan documentation, which is typically NY or UK law.

 

Priority notice:

Not applicable in the case of a right of mortgage.

Deregistration Power of Attorney:

Yes, if required Public registration: A right of first mortgage of Aruba by law is required to be registered with the applicable public register. This register is not electronic and only assessable in person during regular government office hours i.e. 07:30 a.m. to 11:30 and 13:00 – 16:00. The IR is the applicable public register of Aruba for filling a right of first pledge.

Perfection:

Recordal of the mortgage deed constitutes perfection of the right of first mortgage

Cape Town registration:

Yes. A right of first mortgage under Aruba law can be used as a basis to create an International Interest.

Requirements for deregistration of aircraft:

When the owner or designee applies for deregistration of an aircraft the following has to be sent to the DCA:

  • Submit Application form INS. 4.069
  • The original Certificate of Airworthiness, Certificate of Registration, Radio Station License and Noise Certificate (to be sent by courier);
  • Work order or logbook entry recording that the Aruban registration marks have been removed from the aircraft;
  • Work order or logbook entry recording that the 24 bit mode S code has been removed from the transponder, ELT or SATCOM as applicable. Upon de-registration the DCA will send a confirmation hereof to the State to which the aircraft is being exported.

Requirements for deregistration of mortgage:

A duly executed notarial deed of cancellation of the mortgage and recordal of same with the public registry. Prior to this the underlying documentation needs to evidence the will of the parties to terminate the loan agreement and or in any event to release the collateral.

Note: de-registration of a right of first pledge is simpler and less costly.

 

Example for aircraft

Renewal Fees– US$

Survey costs per day:

$5,600 (this is a set fee per inspection regardless of how many days the inspection requires)

Approval of Overhaul:  Travel costs per day: – x 2: $500 per day (if two days would be $1,000)

Travel & Subsistence:

Depending on location of inspection

Certificate of Registration:

Free of Charge Certificate of Airworthiness Renewal: Based on the MTOW of the aircraft

Noise Certificate:

Free of Charge

Engineers / mechanics for line maintenance:

$450 for a 2 year Validation

Designated Airspace Approval:

Free of Charge

Pilot License Validation:

$450 for a 2 year Validation for each Pilot

App. Cost of Annual Airworthiness renewal:

Based on the MTOW of the aircraft

 

  Aruba Form INS-4.014 Certificate of Registration

  Aruba Form INS-16.008 ELT Registration

  Aruba Form INS-3.009 Flight Crew License Validation

 

Information provided by Corporate Jet Investor and Department of Civil Aviation of Aruba.