Foreign Private Aircraft Operations in Venezuela

On 03 July 2017, a new regulation for the operation of foreign General Aviation aircraft in Venezuela came into full force and effect (the “Updated Regulation”). The Venezuelan Civil Aviation Authority (INAC) issued it through Administrative Resolution No. PRE-CJU-GDA-1085-17 of 12 June 2017. The Updated Regulation repealed the Regulation issued on 27 March 2015 (the “2015 Regulation”).

The Updated Regulation incorporates a fourth type of operational permit that will surely be welcomed by foreign GA aircraft operators that fly frequently to Venezuela. This is the major development that the Updated Regulation brings with it. Amongst other things, the Updated Regulation also increases the list of prohibited airports; amplifies the list of formal requirements for the granting of operational permits, and establishes a new condition for the maintenance of the permit’s validity. However, most of the provisions contained in the 2015 Regulation remain intact.

What’s New

A New “Multiple-Entry” Permit

Under this new permit, foreign GA aircraft operators will be able to fly to Venezuela multiple times, and stay in the country for periods of up to 89 days in each entry. The Updated Regulation does not expressly allow or prohibit domestic flights during those 89 days, however, a jointly construction of several of its provisions suggests they are not allowed. The cost for this permit is USD200 per declared day of stay, which must be paid in advance and shall not be refundable or accruable in the event of a stay shorter than declared.

With the incorporation of this new permit, there are now four permits available to foreign GA aircraft operators wishing to fly to Venezuela, namely: (1) the 72-hours Permit, (2) the “Multiple Entries” Permit, (3) the 90-days Permit and (4) the 1-year Permit.

This Multiple-Entry Permit comes in handy for those foreign GA aircraft operators needing to fly to Venezuela more than twice within a month, and stay in the country for more than 72 hours in each visit. Those able to operate within these timeframes are better off applying for the 72-hour Permit at no cost. Foreign GA aircraft operators can, however, alternate between these two types of permits; therefore, they can apply for the one that best fits their needs at any given time.

Prohibited Airports

The Updated Regulation adds La Tortuga Island to the list of airports prohibited to foreign GA aircraft. Canaima and Los Roques were the first two. Furthermore, it extends this operational restriction to all foreign GA aircraft regardless of the type of permit granted. Based on this new restriction, only Venezuelan aircraft can fly to these three destinations.

Application New Requirements  

The Updated Regulation now requires the filing of a plain copy of the applicant’s articles of association along with a copy of the Power of Attorney granted to the applicant’s representative. Both documents must be duly apostilled and translated into Spanish by a Venezuela-certified Legal Translator.

Validity Conditions

Further to the payment of aeronautics fees and of any fine imposed, Foreign GA Aircraft operators must also be now clear of debt with the national ANSP in order to keep the operational permit valid. Failure to comply with this requirement may result in the permit being revoked by INAC.

What’s Kept 

Restrictions

The carriage of items other than crew and passengers’ personal effects remains prohibited. Likewise, the carrying out of specialised or commercial air transport services of passengers and cargo with foreign GA aircraft continues to be forbidden.

Sanctions

The revocation of the operational permit and the impossibility to obtain a new one during the following 6 months, continues to be the sanctions to which foreign GA aircraft operators are exposed in the event of failing to comply with the provisions contained in the Updated Regulation. However, the imposition of said sanctions are without prejudice for the INAC to initiate the corresponding administrative procedures for the imposition of pecuniary sanctions.

Costs

Further to the costs associated with the “Multiple Entries” permit, the Updated Regulation maintains the costs established in the 2015 Regulation for the granting of other type of permits. These costs are summarised as follows:

• “72-hours” Permit ——- At no cost.
• “90-day” Permit ———-USD5.000
• “1-year” Permit ———–USD25.000 (1^st year)
• “1-year” Renewal ———USD35.000

Miscellaneous

Foreign GA aircraft operators applying to the “1-year” Permit must demonstrate to INAC that they have obtained a “Temporary Admission” from the Customs Authority in order for the aircraft to enter and remain in the country for the period covered in the operational permit requested. The aircraft must leave the National Territory before the first year of the permit expires, without prejudice to return to the country once the permit is renewed by INAC, and a new “Temporary Admission” is issued by the Venezuelan Customs Authority.

Flights between controlled airports within the country are only allowed to foreign GA aircraft operating under the “90-day” and “1-year” permit, save for La Tortuga, Canaima and Los Roques which are only allowed to national aircraft as explained above.

Finally, payment for the above operational permits must be made in USD. No payment in local currency is allowed.

Should you have any questions or need any assistance to apply to any of the above operational permits, please do not hesitate to contact me.

Rodolfo Ruiz A.