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International Aircraft Operations   Operating Procedures for the European Union                 Ari Good JD LLM     www.go...
Fundamental Framework• ‘Outbound’ Considerations• ‘Inbound’ Considerations• How best to operate in the EU?  Importation vs...
‘Outbound’ Considerations•       Careful planning required    2.    Aircraft / Trip Documentation – Airworthiness Certific...
‘Inbound’ Considerations•        Overflight and Landing Rights•        Practically – Could take up to four weeks to receiv...
Cabotage & Importation•      Two Methods      1.   Cabotage      2.   Importation•      What is Cabotage?“Carriage of pass...
Cabotage & Importation• Penalties for falling outside  permissible Cabotage bounds  1.   Subject to Customs Duties and /or...
Contact Us• Ari Good, JD LLM (Taxation) –  Counseling clients in aircraft tax  matters, international aviation tax  planni...
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International Aviation Operations

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Operating your aircraft internationally requires careful planning. This brief presentation provides an overview of international aircraft considerations in the European Union.

Ari Good, JD LLM is the shareholder of Good Attorneys At Law in Naples and Miami, Florida. Mr. Good practices in aviation tax law and counsels clients in aircraft tax matters. Plan early, and correctly, in your purchases, sales and aircraft operations.

www.goodattorneysatlaw.com/aviation
877.771.1131

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International Aviation Operations

  1. 1. International Aircraft Operations Operating Procedures for the European Union Ari Good JD LLM www.goodattorneysatlaw.com/aviation (c) Good Attorneys At Law, P.A. 2012
  2. 2. Fundamental Framework• ‘Outbound’ Considerations• ‘Inbound’ Considerations• How best to operate in the EU? Importation vs. Cabotage www.goodattorneysatlaw.com/aviation (c) Good Attorneys At Law, P.A. 2012
  3. 3. ‘Outbound’ Considerations• Careful planning required 2. Aircraft / Trip Documentation – Airworthiness Certificate, “White Slip” FAA Registration, “Journey Log Book”, Radio Station License, FCC Restricted Radio Operator’s License, Aircraft Operator’s Handbook (weight, balance & noise), Passenger List, Cargo List 4. Personal Documentation – Passport (w/ some exceptions for Bahamas / Caribbean), Visas, Immunization Records 6. Legal Documentation – Proof of Insurance, Letter of Company Authority, LOA (Letter of Authorization from FAA Administrator) – Specifies technical requirements 8. CCM (Cold Cash Money) Where to find it? • International Flight Information Manual (IFIM), at www.faa.gov • Country-specific requirements, at www.faa.gov/ats/aat/ifim/index.htm www.goodattorneysatlaw.com/aviation (c) Good Attorneys At Law, P.A. 2012
  4. 4. ‘Inbound’ Considerations• Overflight and Landing Rights• Practically – Could take up to four weeks to receive various rights and permissions. Instead, go with a Flight Planning Firm – A company that specializes in quickly assembling necessary rights, licenses or permits, customs support. Helpful, but always check their work.• Substantially Higher DOC• Fuel - Fuel about 2x U.S. at the pump. Added excise and other taxes can raise price as high as 4x U.S. price!• Method of Payment – Europe has wide acceptance of U.S. based credit card companies, but be prepared with cash or other internationally accepted method of payment Where to find it? 1. NBAA Directory of Member Companies, Aircraft & Personnel 2. “Blog” at www.nbaa.org/member/iob/iobresearch.htm (c) Good Attorneys At Law, P.A. 2012
  5. 5. Cabotage & Importation• Two Methods 1. Cabotage 2. Importation• What is Cabotage?“Carriage of passengers or goods between two points within the territory of the same nation for compensation or hire” – i.e. Commercial Use(f) Chicago Convention on International Civil Aviation of 1944 – The “Eighth Freedom of the Air”;(g) EU defines “Commercial Use” very broadly – “transportation…for remuneration or ‘in the framework of the economic activity of an enterprise’”;(h) Used to protect national security, protect domestic industry;(i) Carriage of personnel other than passengers present on the inbound flight. Where to find it? Country-by-Country Aeronautical Information Publication (not exhaustive) (c) Good Attorneys At Law, P.A. 2012
  6. 6. Cabotage & Importation• Penalties for falling outside permissible Cabotage bounds 1. Subject to Customs Duties and /or VAT (up to 18% or more!) 2. Impoundment• Importation 2. Governed by EC Customs Code 2454/1993; Istanbul Convention on Temporary Admission; 3. Allows temporary or permanent “admission” into EU jurisdiction – Aircraft treated as an EU aircraft; 4. Still subject to EU aviation regulation within its borders – Limited to six months out of twelve (c) Good Attorneys At Law, P.A. 2012
  7. 7. Contact Us• Ari Good, JD LLM (Taxation) – Counseling clients in aircraft tax matters, international aviation tax planning and aircraft transactions.• 877.771.1131• www.goodattorneysatlaw.com• Plan early, plan correctly

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