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 brings 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 (i) a resident of Aruba, (ii) a legal entity formed under Aruban law and established in Aruba or (iii) a legal entity formed under the laws of a EU Member State, EU Economic Zone Member State, Switzerland, Canada or the United States of America with representation in Aruba.
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 register 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.
