Aircraft registration
Introduction
Over the last 15 years, Aruba has developed into an attractive and
popular jurisdiction for the registration of aircraft. Many privately
owned aircraft of European and Middle Eastern royalty, as well as
corporate aircraft belonging to captains of industry, have taken
advantage of the benefits offered by registration in Aruba. The national
carrier of Kazakhstan, Air Astana, has furthermore registered its entire
fleet of Boeing and Airbus aircraft in Aruba.
The reasons for Aruba's popularity as a jurisdiction for registration of aircraft are based on the following circumstances:
Aruba forms part of the Dutch Kingdom and is an associated EU territory,
which guarantees political stability, the rule of law, and an
independent and impartial judiciary, qualities which are essential to
any foreign investor.
Aruba has a sophisticated, well developed, state of the art
infrastructure for aviation. The FAA and ICAO have for many years rated
and continue to rate Aruba as a Category 1 jurisdiction, thanks to the
excellent reputation of the Aruban Department of Civil Aviation (DCA),
based on its efficient and non-compromising safety oversight.
The use of Aruba Exempt Companies as a vehicle for holding proprietary
rights in aircraft registered in Aruba offers attractive tax benefits.
Aruba is a party to the Cape Town Convention on International Interests
in Mobile Equipment and the Protocol to the Convention on Matters
Specific to Aircraft Equipment (hereafter the Cape Town Convention or
the Convention). This offers important protection of security rights in
aircraft and therefore facilitates financing.
Aruba's International Aviation Program is administered by "The Registry of Aruba"
www.airsafetyfirst.com
The following aircraft registers are relevant in Aruba.
The Aruban Nationality Register (ANR)
The ANR was created based on the Chicago Convention. Registration in the
ANR is possible if the aircraft is owned or leased by a legal entity
formed under Aruban law and established in Aruba. Aruba's DCA is the
regulatory agency in charge of supervision of maintenance, safety and
licensing of the aircraft and its crew.
The Aruban Register of Proprietary Rights in Aircraft (ARPR)
Once an aircraft is registered in the ANR, it is possible and advisable
to register the aircraft in the ARPR. This regiser records ownership
rights, mortgage rights and proprietary lease rights in aircraft. The
establishment of these rights takes place through the recordal of a
notarial deed in the register.
The International Register in Dublin, Ireland, established pursuant to the Cape Town Convention The Cape Town Convention offers important security to lenders in
aircraft financing transactions, who can register mortgages and other
security rights in Aruban aircraft in the International Register in
Dublin, Ireland, created by the Convention. Such registrations create an
international security right in all jurisdictions, that are a party to
the Convention (Convention Jurisdictions). This right is valid and
enforceable in all Convention Jurisdictions, irrespective of whether the
lender is established in a Convention Jurisdiction and irrespective of
whether the lender has registered a valid and enforceable security right
under the national laws in the Convention Jurisdiction where he wants
to enforce his rights against the collateral.
We will be pleased to assist you with aircraft registration and finance matters.
