Contributor: Patricia Siles Alvarez
1. Which authority is in charge of the civil aviation registry in Peru? Does Peru use a single-registry system or is there a dual-registry system in place?
In Perú the authority in charge of the aviation registry is the Public Registry.
There is one single registry called, “Aircraft Public Registry.”
2. Is the registry an operator registry or an owner registry (or both)?
The Aircraft Public Registry registers the operator and the owner. The Registry shows who is operating the aircraft (Lessee or the operator), and who gives the aircraft in Lease (Lessor or the owner).
3. What are the requirements and documentation to register an aircraft in Peru? Include references to formalities such as notarisation, legalization, etc.
According to Peruvian Aeronautical Legislation (Law 27261) and Public Registry Law, the registration procedure for any Agreement requires the following:
- The original Agreement signed by the representatives, with signatures legalized, and if the Agreement comes from abroad, the apostilled Spanish version or with official translation.
- Legalized copy of previous Certificate of Registration (if the aircraft changes registration to OB, it will be required for the aeronautical authority of the previous State registration to issue a cancelation of that registration certificate).
- Apostilled Bill of Sale, supporting title of ownership, and possession of the SubLessor Owner’s Sublease Authorization (in case the aircraft Agreement was a Sub-Lease). Previously, it is required the Lessor/owner or his legal representative in Peru file their powers at the Public Registry.
4. What fees are payable to register an aircraft in Peru?
Peruvian law establishes that Lessor/owner and Lessees register first at Peruvian Public Registry their powers, in order to sign the Lease or Purchase Agreement. The Agreement can be signed with legalized signatures. If the Agreement is signed in another country, it needs to be duly notarized and apostilled.
When the aircraft comes to Peru, it must also comply with customs legislation regarding its import or temporary import.
5. Are there any weight and/or maximum age restrictions to register an aircraft in Peru?
The amount to be paid is flat and depends on the annual rate of the UIT (a Tax Unit), which increased its value to S / 4,400, and is in force throughout 2021. For this year, the fee for registering an aircraft is S/ 449 (approx. $120 USD).
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Peru?
Registration normally takes seven days but could be delayed for seven to 10 business days, if the information doesn´t meet all requirements. Once the act is registered, the Registry issues proof of registration that is posted on the Public Registry web page.
7. How is an aircraft title transfer effected in Peru? What are the formalities required to register such title transfer in the national registry of Peru (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
8. What information and details are reflected in the certificate of registration of an aircraft?
Yes, but only for Peruvian national owners, not for foreign owners.
9. Are the entries in the aircraft registry of Peru made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
The purchase Agreement and transfer of an aircraft title must be done via a Public Deed. Previous parties who signed it need to register their Powers at the Public Registry.
Costs at the Public Notary vary. Normally they charge a percentage of the price. Costs at the Public Registry is a flat of approx. $120 USD for 2021.
10. What kind of aircraft operations can be conducted with aircraft registered in Peru (i.e., private use, commercial air transport or both)?
Each certificate in the Aeronautical National Registry displays the following information:
- identification of the aircraft: nationality, brand, serial number, manufacturer’s designation, etc.;
- owner/Lessor name;
- operator/Lessee name;
- legal aspects: mortgages, leases, warranties, liens, ownership restrictions, etc.; and
- DGAC’s (Dirección General de Aeronáutica Civil) observations.
11. Does the civil aviation authority in Peru authorise the operation of foreign registered aircraft? If so, with which countries has Peru entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
Peruvian Public Registry is public, and anybody can access it; however, fees are applied, and vary depending on the request reason, such as just a consult or requesting copies in order to change it.
12. Is there a separate register of aircraft mortgages and/or leases and/or security interests in Peru?
In order to operate an aircraft, you need first certify the aircraft and include it in an Operation Specification with an air company. The aircraft registration and certificate in Peru can be used according to the permits the airline has.
13. What are the formalities required to register a mortgage / lease / security interest in the national registry of Peru (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
The Peruvian Aeronautical Authority has not signed any Agreement with another authority based on the 83 BIS ICAO Conventions. However, Peruvian airlines may provide domestic or international air services with foreign registration because of collaboration or integration Agreements with the country in which the aircraft has their registration and airworthiness certificate.
14. Is a mortgage priority notice an available security instrument for aircraft financiers in Peru?
No, every Agreement is recorded at the Public Registry.
15. Does an aircraft mortgage duly registered in the national registry of Peru extend to engines and other parts of such aircraft (either installed or not on the airframe)?
The formalities are the same as listed in questions three and four. The fees are the same as listed in the response to question five.
16. What statutory liens (if any) would rank prior to an aircraft mortgage duly registered in the national registry of Peru?
The registration of a mortgage in the Peruvian Public Registry gives everyone information regarding the priority of the financer’s rights over the aircraft.
17. Do the laws of Peru provide for possessory rights and/or rights of detention over aircraft in favor of third parties (such as airport taxes, customs duties, air navigation charges, crew’s wages, MRO’s receivables)?
According to Aeronautical Peruvian Law, the mortgage extends only to engines.
18. Are foreign law-governed security agreements (e.g., mortgages) recognized in Peru in order to validly create a security interest over an aircraft registered in the national registry of Peru? If so, are there any formalities/requirements to bear in mind?
According to Peruvian Law mortgage, the duly registered has priority over any lien.
19. Are foreign law-governed leases recognized in Peru in order to validly lease an aircraft registered in the national registry of Peru to a lessee incorporated in Peru? If so, are there any formalities/requirements to bear in mind?
According to Aeronautical Peruvian Law, Lessor/owner can repossess their property via a summary procedure at the Judicial Court. The order of the judge must be registered in the Public Registry and DGAC in order to proceed with repossessing the aircraft.
20. Has Peru ratified the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol? Has Peru made any declarations to better determine the scope of application of the Convention / Protocol in Peru? If so, what is the impact of such declarations on aircraft registration issues? Are there any specific aspects relating to the enforcement of IDERA’s to be considered?
Yes, foreign law-governed security Agreements are valid if the parties have signed it and an aircraft Agreement is duly registered in Peru. Formalities are the same as listed in the answers to questions four and five.
21. What are the requirements and documentation to deregister an aircraft from Peru? How does the aircraft deregistration process work?
Yes, foreign law-governed leases are valid if the parties have signed it over and an aircraft Agreement is duly registered in Peru. Formalities are the same as listed in the answers to questions three, four and five.
22. What fees are payable to deregister an aircraft from Peru?
23. Is the consent of the mortgagee / lessor (as the case may be) required in order to deregister an aircraft from Peru?
It is possible to deregister an aircraft if the finalized Agreement or parties agree to finish it before the Term ends. In this second condition, it is required to register an Addendum. The formalities and costs for this are listed in the answers to questions four and five.
24. What are the usual practical difficulties (if any) involved in deregistering aircraft from Peru?
Please see the answer to question five.
25. How long does deregistration take, both where there is co-operation from the defaulted party (mortgagor / lessee / Operator) and where there is no such co-operation from it?
Yes, according to Peruvian law, liens must be cancelled before the deregistration or have the consent of the creditors.
26. Please outline the applicable repossession rules under the national laws of Peru (and the Cape Town Convention, if applicable) following an event of default under a mortgage or a lease, including registration issues with the national registry in Peru.
A deregistration procedure at the Peruvian Public Registry normally takes seven days but could be delayed seven to 10 days if there is no cooperation among the parties. In the opposite case, it could be delayed longer.