AIR TRANSPORT CIRCULAR NO. 01/2016

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GOVERNMENT OF INDIA OFFICE OF THE DIRECTOR GENERAL OF CIVIL AVIATION TECHNICAL CENTRE, OPP SAFDARJUNG AIRPORT, NEW DELHI AIR TRANSPORT CIRCULAR NO. 01/2016 File No. AV.14027/AAC/2012-AT-1 Dated: 11.01.2016 Subject: PROCEDURE FOR OBTAINING PERMISSION TO IMPORT/ ACQUISITION OF AIRCRAFT 1. INTRODUCTION 1.1 Aircraft Act 1934 Section 5, inter alia, empowers the Central Government to make rules regulating the export/import of an aircraft for securing the safety of operation. The requirements for import of aircraft are laid down by Director General of Foreign Trade, Ministry of Commerce (DGFT), from time to time. 1.2 As per the order issued by Ministry of Civil Aviation DGCA shall issue permissions for import/acquisition of aircraft by Scheduled, Regional Scheduled, Non-Scheduled Operator, Flying Training Institute and will recommend to DGFT for issue of import license for private use. 1.3 All aircraft other than Private Category aircraft shall be imported without the need to obtain an import license from DGFT. 2. PROCEDURAL REQUIREMENTS. 2.1 Application. 2.1.1 An application for import/acquisition of aircraft shall be submitted to, Directorate of Air Transport (DAT), O/o DGCA in the format as per Annexure A along with requisite fees and following enclosures:- i. A copy of Initial NOC issued by the MOCA for the start of commercial air transport services, in case of new applicant. ii. A copy of the Parking Permission for the indented aircraft issued by the Aerodrome Operator. iii. Document indicating the arrangement made for Maintenance of the Intended import of aircraft. iv. Compliance Statement in respect of FDI as specified in the applicable AIC. v. Certificate from CA stating the Paid-up Capital of the organization. vi. A copy of Letter of Type Acceptance/ Validation. vii. Fees paid by way of Demand Draft drawn in favour of the Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, payable at New Delhi. 1

(See Fee Structure below Para 2.2). viii. Any other document to substantiate the information provided. Note:- In case of Scheduled/Regional Scheduled Operators, the application shall be submitted as per Annexure II of CAR Section 3 Series C Part II and Part VIII respectively. 2.1.2. The aircraft to be imported should be meeting the criteria with regard to its type certificate, age and other relevant mandatory requirements as laid down in the relevant CARs. 2.1.3. For import of aircraft for private use the applicant shall apply for security clearance as per formats given at Annexure B, C and D, of its Owner/Directors from MHA. 2.1.4. A recommendation would be made to DGFT for grant of import license, after ensuring that the aircraft meets the airworthiness and age related requirements including receipt of security clearance. 2.2. Fee: Fee to be paid as follows by way of Demand Draft drawn in favour of the Pay and Accounts Office, Director General of Civil Aviation, Ministry of Civil Aviation, payable at New Delhi. Category Fees Commercial /Private (Based on weight of the aircraft) All-up weight less than or equal to 10,000 kg All-up weight more than 10,000 kg Flying Training/ Aero sports Activities 1,00,000/- (One Lakh Only) Rs. 20,000/- (Twenty Thousand only) per aircraft Rs.2,00,000/- (Two Lakh Only) 2.3 Validity of Permission for import/acquisition of aircraft. The validity of the permission for import/acquisition of each aircraft shall be one year which may be extended for another 6 months on genuine grounds. However, in any case, such permission will not be extended beyond the validity of the initial NOC issued by MOCA, in case of fresh applicants. In case of Scheduled/Regional Scheduled Operators the validity of the permission shall be as per the induction plan of the operator. 2 (M. Sathiyavathy) Director General of Civil Aviation

Annexure A APPLICATION FOR IMPORT/ACQUISITION OF AIRCRAFT 1. Name and Address of the Applicant : 2. Category (Tick applicable): Scheduled/Non Scheduled/Aerial Work/Private/Flying Sl Mode of Acquisition Aircraft Type Registration No (Ownership/Dry lease) Training. 3. Existing fleet strength: 4. Detail of the aircraft proposed to be imported/acquired : MSN No. Type and Make Nationality Registration AUW Year of manufacture 5. Whether the aircraft has complied with all airworthiness directives mandated by the Authority issuing the Type Certificate. If No give details. (Y / N) 6. Existing Paid up Capital (as per relevant CAR). : 7. Mode of import/acquisition (Dry lease/outright purchase) : Name and Address of the Owner of Aircraft Name and Address of the Lessee of Aircraft Name and Address of the Lessor of Aircraft 8. Usual Station/Night Parking allotted. 9. Details of Fee paid: Bank DD No Date Amount UNDERTAKING 1. The aircraft shall be used only for the purpose for which it is being permitted to import/acquired and also shall meet the airworthiness/type acceptance criteria for import as per relevant CARs. 2. It is confirmed that the aircraft after registration in India shall be maintained, operated and de-registered (if required) in accordance with the Indian rules, regulations, procedures and any condition specified by DGCA India and there is no binding or limitation of any kind in this regard in the lease agreement for the acquisition of the aircraft. (Signature of the Applicant/Authorised Signatory) 3

Annexure - B APPLICATION FOR IMPORT/ACQUISITION OF AIRCRAFT (Security Clearance for Indian-Chairman & Directors/Individual) 1) Name and full address of the organization : 2) Name in full : 3) Qualification : 4) Father's/husband s name in full : 5) Date and place of birth : 6) Permanent address : 7) Present address in India : 8) Passport No. Date and place of issue. : and its validity 9) Present occupation : 10) Bankers : 11) Any other information : (Signature of the Applicant/Authorised Signatory) 4

Annexure C APPLICATION FOR IMPORT/ACQUISITION OF AIRCRAFT (Security Clearance for NRI/Foreign National-Chairman& Directors/Individual) 1) Name and full address of the organization : 2) Name in full : 3) Qualification : 4) Nationality : 5) Father's/ husband s name in full : 6) Date and Place of birth : 7) Present address in India : 8) Permanent Address a) In India : b) Abroad : 9) Present Occupation : 10) Passport. No. Date and Place of issue : and its validity 11) Duration of stay abroad : 12) Bankers : 13) Any other relevant information : (Signature of the Applicant/Authorised Signatory) 5

Annexure D Details of criminal cases, if any, against the company/director(s). a. Name & address and registration number of the company : b. Name & address of owners, promoters and directors of the company : 1 2 3.. 4 c. Is the company owners, promoters or directors listed above, the subject of any 1. Preventive detention proceedings (PSA/NSA etc.) : Yes/No 2. Criminal proceedings : Yes/No d. If Yes, please provide following details : 1. Detention/Case/FIR/warrant number : 2. Police station/district/agency : 3. Section of law : 4. Name and place of the court : e. The above mentioned details are in respect of both India and any other foreign country. (Signature of Authorized Signatory) 6