The Cape Town Convention (“CTC”) and the Mobile Protocol (“MP”) (collectively “Convention”) are 2 legal instruments that were created to facilitate the financing of aircraft and aircraft engines. These instruments only are applicable if there is a financing of some sort involved including a lease arrangement. In case of a straight out sale-purchase of an aircraft without any financing or lease involved these instruments don’t play a role. To determine if these instruments are applicable you need to look at the transaction or the envisioned transaction. If the aircraft is going to be registered in a country that is … Continue reading Some tips on the Cape Town Convention & Mobile Protocol
Comlux the Aviation Group is pleased to announce that Comlux Aruba, one of the Fly Comlux operational centers, has been granted an EASA TCO (Third Country Operator) approval which will facilitate its operation, specifically on the 767-200. This approval provides the Comlux wide body with the highest standard of compliance with European Union safety standards, therefore shortening the operating approval process. The EASA TCO came as a result of the European Commission paving the way for airlines traveling from outside the European Union to obtain a single safety authorization for anyone flying within, to or from the EU. This approval … Continue reading P4-CLA: Comlux is granted EASA TCO approval facilitating operations on its B767 VVIP
The first edition of the World Aircraft Repossession Index, including 57 important jurisdictions worldwide, has been published on October, 30th, 2015. The initiative to realise this unique work was undertaken by the law firm Pillsbury Winthrop Shaw Pittman LLP and it is available free-of-charge. See the websites below. The publication is a most workable tool for risk rating agencies, export credit institutions, lessors, financiers, practicing lawyers, academics, students and the international aviation finance and lease practice at large. Lincoln Gomez and I of the law firm Gomez & Bikker had the pleasure to be invited to participate as the counsel … Continue reading THE WORLD AIRCRAFT REPOSSESSION INDEX 2015 CONFIRMS THAT ARUBA IS THE LEADING ‘REGISTRY OF CHOICE’
This Registry of Aruba was the first privately managed Category-1 aircraft registry in the world as rated by the FAA. Aruba was also the first off shore aircraft jurisdiction to adopt the Cape Town Convention, as early as in 2010. Aruba’s sound legal system and sophisticated courts can also offer even more value to the business aviation community. The Courts of Aruba just evidenced the latter through recent decisions. Aruba’s sound and efficient legal system – combined with proper application thereof – allowed for an internationally operating lessor to arrest a YV-(Venezuelan) registered aircraft in Aruba and within days obtain … Continue reading Successful aircraft repossession in Aruba: Aruba a registry and a judicial system of choice!
The Department of Civil Aviation of Aruba (DCA) and General Authority of Civil Aviation of Saudi Arabia (GACA), has executed and ICAO 83bis Agreement which allows Aruba registered aircraft to operated commercially under a Saudi AOC’s issued by GACA. ARABASCO is the first operator to place under its Ops Specs the first Aruba registered aircraft with the nationality marks P4-NOF.
On 27 July 2015 United Kingdom’s instruments of ratification to the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment were deposited with UNIDROIT. The United Kingdom made declarations under Articles 39(1)(a)-(b), 39(4), 52, 53 and 54(2) of the Convention, and under Articles XXIX, XXX(1), XXX(2) and XXX(3) of the Aircraft Protocol. The Convention and the Aircraft Protocol will enter into force for the United Kingdom on 1 November 2015.
The European Union recently published its first list of international tax havens as part of a crackdown on multinational companies trying to avoid paying tax in the 28-nation bloc. The list of 30 territories includes Hong Kong and Brunei in Asia, Monaco, Andorra and Guernsey in Europe and a series of Caribbean havens including the Cayman Islands and British Virgin Islands. Aruba does not appear on the list and continues to enjoy its tax compliance status. This compliance is good for business and benefits the P4 aircraft registration program. The full list is: Andorra, Liechtenstein, Guernsey, Monaco, Mauritius, Liberia, Seychelles, … Continue reading Aruba is good for business/continues as a tax complaint state: EU publishes list of tax havens