Interesting article on aircraft importation in the EU

As some will know, European Union (EU) aircraft importations have been the basis of an ongoing discussion at EU level for a long time now. After the changes made to the end-use exemptions (customs duty) and the introduction of the new EU Customs Code, the discussion has been centred on a lessee’s right to reclaim the import VAT imposed in connection with aircraft importation.

Read the full article here: Here

Source:www.opmas.dk

Insel Air International B.V. has been granted temporary bankruptcy protection

Insel Air international B.V. has requested and has been granted temporary bankruptcy protection status by the Court of First Instance of Aruba until at least June 9th, 2017. This request was introduced as a consequence of a request for bankruptcy filed by creditor(s). With this measure the bankruptcy request(s) have been frozen pending the bankruptcy protection period.

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On June 9th, 2017 the Court will have to decide if the bankruptcy protection is extended beyond that date. Such protection can last up to one year and a half. The consequences for the airline is that an independent administrator has been appointed to Insel Air International B.V. and that the managing-directors of the company can’t legally bind the company without consent of the administrator. During this timeframe creditors can consider whether or not to further pursue their claims against the company.

Last week Insel Air Aruba N.V. filed for similar bankruptcy protection https://wordpress.com/read/feeds/2091762/posts/1366876024

#arubaguy #thearubaguy #arubalawyer #lincolngomez

India makes change to aircraft registration regulations to enable foreign owned aircraft to be (finally) de-registered, but will India (actually) comply?

Apparently the Indian civil aviation ministry has amended the Aircraft Rules 1937 that governs inter alia the registration of aircraft in India http://www.business-standard.com/article/companies/relief-for-lessors-as-government-makes-it-easier-to-deregister-planes-115022601178_1.html. The objective of the change is to bring the aircraft de-registration practice in India in conformity with the Cape Town Convention & Protocol http://www.unidroit.org/instruments/security-interests/cape-town-convention. The amendment codifies the fact that the Indian civil aviation authority has to de-register i.e. cancel the registration upon first demand by the owner/lessor/designated party under the Cape Town Convention & Protocol. This change should now, after (too) many years, should make it possible for owners/lessors that have had aircraft “stuck” in India a/o with an Indian registration, to (finally) de-register their aircraft and bring it back home. This change comes after ruling(s) by the Delhi High Court where it was decided that the owner/lessors were entitled to de-register their aircraft(s).

Continue reading “India makes change to aircraft registration regulations to enable foreign owned aircraft to be (finally) de-registered, but will India (actually) comply?”

Aruba introduces specific aviation designated inspectors (“DI”) regulation

Effective July 3rd, 2013 the Government of Aruba has introduced a ministerial ordinance codifying the use of designated inspectors (“DI”s) by the director of the Department of Civil Aviation of Aruba (“DCA”). This framework allows DI’s to be engaged by the Registry in procedures regarding airworthiness, crew licensing, operators’ manuals and compliance of flight simulators with the local regulations. This framework allows the DCA and the Registry to increase the service levels and the global flight safety oversight, without burdening the public’s budget with higher fixed costs.

10 things (plus 1) lenders/lessors should know about aircraft finance in Aruba

Q1: What necessitates a lender or a lessor to opt for Aruba as an aircraft registry of choice?

A1: Because Aruba has ratified the Cape Town Convention and the Aircraft Equipment Aircraft Protocol. As of September 1st, 2010, Aruba is one of the very few off-shore aircraft registries having adopted these instruments. Moreover, Aruba has made the necessary Declarations under the Cape Town Convention to safeguard the interests of the lessors and lenders. Besides, Aruba provides for a legal insolvency regime, which provides these parties with more extensive rights than the Cape Town Convention.

Q2: What security rights are available to protect the interests of the lenders?

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Brazil & the Cape Town Convention and Aircraft Protocol

The status lists for the Cape Town Convention and Aircraft Protocol have been updated to take account of the deposit of an instrument by the Federative Republic of Brazil on 30 November 2011. The updated lists are available via the following links:

http://www.unidroit.org/english/implement/i-2001-convention.pdf

http://www.unidroit.org/english/implement/i-2001-aircraftprotocol.pdf

Comlux Aruba N.V, a new subsidiary of Fly Comlux, has been awarded an Aruba Air Operating Certificate (AOC)

The Department of Civil Aviation of Aruba and The Registry of Aruba, a world industry leader in aircraft registration, certification, regulatory compliance and safety oversight services and Gomez & Bikker law offices are pleased to announce a joint cooperation with Comlux The Aviation Group. 

Comlux Aruba N.V, the new subsidiary of Fly Comlux, has been awarded on September 26, 2011 an Aruba Air Operating Certificate (AOC). The first aircraft added to their new AOC is an exclusive 767BBJ (P4-CLA). This 4th AOC compliments Comlux’s existing Swiss, Maltese and Kazakh AOCs and is a remarkable milestone for the company. 

Comlux is a leader in VIP charter services operating worldwide with the highest standards of safety and quality. Among their charter operations, Comlux offers a comprehensive set of services to VIP customers, who wish to have their own aircraft personally and professionally managed, and is one the VIP aircraft completion centers approved by Boeing, Airbus and Bombardier at Indianapolis, airport.

Jorge Colindres Marinakis, President & CEO of The Registry of Aruba said: “We are very proud to be associated with Comlux, a company whose safety culture exemplifies quality in VIP services and air transport operations.”

Offshore Aircraft Registration An Insight into Aruba, Bermuda, the Cayman Islands and the Isle of Man

CONFERENCE CHAIRED BY
This is a new networking opportunity in the heart of the Caribbean.  The summit on Offshore Aircraft Registration will explore a variety of issues such as reasons for registering an aircraft offshore, the legal system in Aruba, Bermuda, the Cayman Islands and the Isle of Man, the process of registering an aircraft and requirements, protection of third party interests, aircraft surveys, inspection of maintenance facilities, air safety regulatory issues, air navigation services regulatory issues, commercial affairs regulatory issues, the impact of aircraft valuations, defaults and repossessions, negotiating lease contracts, the Cape Town Convention, the pre-purchase inspection process, aircraft insurance, legal aspects of aircraft registration, mitigating risk, customs issues.

CONFERENCE HIGHLIGHTS
How to avoid cabotage prohibitions for commercial operators of offshore registered aircraft
Aircraft Shared Ownership Programs and how to protect each party's rights and interests
You’ve moved you aircraft off the US registry to an offshore registry: So what happens the next time you want to travel back to the US?
The Cycle of Business Aircraft Values
Legal and fiscal issues of aircraft registration in Aruba
Fiscal Aspects of Aircraft Registration in Aruba
The vesting of security rights on aircraft in Aruba
Technical challenges and airworthiness implications for commercial and private operation of offshore registered aircraft

Continue reading “Offshore Aircraft Registration An Insight into Aruba, Bermuda, the Cayman Islands and the Isle of Man”

Comlux Aruba

Comlux Aruba N.V., a subsidiary of the Swiss VIP aircraft operator Comlux Aviation Group registered its Boeing flagship aircraft B767-200ER in Aruba under registration marks P4-CLA. The aircraft will be base in Zurich as part of Comlux VVIP fleet. This aircraft is the fourth aircraft registered by Comlux in Aruba as part of their strategic cooperation with The Registry of Aruba.

Source: http://www.airsafetyfirst.com/display_news.php?id=83

Air-Company SOMON AIR LLC has taken delivery of its first brand new Boeing 737-900ER

“Air-Company SOMON AIR” LLC, the national carrier of the Republic of Tajikistan has registered in Aruba its first brand new Boeing 737-900. The aircraft has been registered under nationality marks P4-TAJ and will be based in Dushanbe, Republic of Tajikistan. The second brand new Boeing B737-900ER will be introduced in November 2011.

Source: http://www.airsafetyfirst.com/display_news.php?id=84