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Aviation Law

Introduction

General economic and political overview In 2018, the Latin American and Caribbean region has experienced a modest downturn in economic activity owing to a variety of factors,. Read more…

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Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.

Select question(s)

Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.

    Regulatory

  • 1.

    What are the primary statutory authorities for the regulation of the aviation sector in your country? Is there a specific aviation law that your country has adopted? Are there corresponding regulations?

  • 2.

    Who is the primary aviation regulatory body in your country? How does it operate? To whom does the aviation authority report?

  • 3.

    Does your country extend fifth freedom rights? If so, to which countries have such rights been extended? Does your country distinguish between passenger and cargo service in this regard?

  • International agreements

  • 4.

    What bilateral or multilateral aviation agreements or treaties has your country executed and ratified?

  • 5.

    Has your country executed open sky agreements? If so, with which countries?

  • 6.

    Assuming that your country has ratified international aviation conventions, are these enforced by the courts of your country? In particular, do the courts routinely enforce Warsaw Convention passenger claim limits? As a practical matter, are consumer law and other national laws given more weight by the courts than international aviation conventions?

  • 7.

    What are the tax reporting obligations for foreign airlines under the bilateral agreements? Are foreign airlines required to make income tax and VAT filings in your country?

  • Airline start-up and operation

  • 8.

    Has your country sought to specifically regulate the carbon emissions of airlines?

  • 9.

    What are the requirements to start up and operate a passenger or cargo airline in your country?

  • 10.

    Is ownership of a local airline offering cabotage services restricted to national investors?

  • 11.

    What insurance requirements apply for airlines formed or operating in your country?

  • 12.

    What are the primary national airlines in your country? Are they publicly or privately owned or a combination of both?

  • Airport operations

  • 13.

    Are airline fares determined freely or are tariffs imposed on airlines for passenger fares?

  • 14.

    Is the operation of airports handled by private or public bodies? Who are the specific operators of airports in your country?

  • 15.

    Do airport operators collect landing fees? What are their other primary sources of income?

  • Code-sharing and frequent flyer programmes

  • 16.

    Who designates service providers at the airport?

  • 17.

    Are code-sharing and marketing arrangements permitted in your country?

  • 18.

    What is required for them to be approved?

  • Airspace

  • 19.

    Are frequent flyer programmes regulated in your country?

  • 20.

    Who regulates airspace in your country?

  • Merger control

  • 21.

    Do airlines pay over-flight airspace fees?

  • Aircraft registration

  • 22.

    Do mergers, acquisitions or combinations of airlines in your country fall within the general merger control regime or are they subject to sectorial review? Which authority reviews combinations of airlines?

  • 23.

    How are aircraft registered in your country?

  • 24.

    How are the aircraft registered in your country encumbered?

  • 25.

    What are common aircraft financing techniques used in your country?

  • Data privacy

  • 26.

    How do data privacy rules apply to airlines?

  • 27.

    Has your country adopted rules regarding the advance delivery of PNR (passenger name record) information to authorities?

  • 28.

    Are computer reservation systems (CRSS) regulated in your country? If so, how?