Contributor: Basch & Rameh Advogados Associados

Author: Nicole Cunha

1. Which authority is in charge of the civil aviation registry in Brazil? Does Brazil use a single-registry system or is there a dual-registry system in place?

Since January 2021, documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) can be provided in digital format and filed electronically with the Brazilian Aeronautical Registry (‘RAB’) as long as such documents are signed digitally in accordance with the Brazilian Infrastructure of Public Keys – ‘ICP-Brazil’; otherwise, documents executed in ink must be digitally certified with ICP-Brazil by local Notaries in Brazil prior to file with the RAB. Other types of electronic or digital signatures are not accepted by the RAB. Additionally, if documents are executed in the English language, they must be translated into Portuguese by a sworn translator before submission with the RAB. Such translations must also be digitally certified. For documents executed abroad, please see also our reply to question 11 in relation to notarization and apostille requirements.

2. Is the registry an operator registry or an owner registry (or both)?

The RAB only accepts documents in digital format certified with Brazilian Infrastructure of Public Keys – ‘ICP-Brazil’ and valid verified with the Brazilian National Institute of Information Technology (ITI).

3. What are the requirements and documentation to register an aircraft in Brazil? Include references to formalities such as notarisation, legalization, etc.

The RAB is a 100% digital register for Aircraft Lease Documents.

4. What fees are payable to register an aircraft in Brazil?

Yes. All Aircraft Documents digitally certified with ICP-Brazil and valid verified with the Brazilian National Institute of Information Technology (ITI) can be uploaded electronically with the RAB system named SEI.

5. Are there any weight and/or maximum age restrictions to register an aircraft in Brazil?

In order to be admissible in Brazilian courts, Aircraft Lease Documents must be previously registered with the Aviation Authority with the Brazilian Aeronautical Registry, which is a specific register for aviation documents.

6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Brazil?

Yes. Generally, filings of lawsuits, pleadings and procedural documents are uploaded electronically to Brazilian courts.

7. How is an aircraft title transfer effected in Brazil? What are the formalities required to register such title transfer in the national registry of Brazil (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.

Generally, private and procedural documents are executed digitally and filed electronically in local courts. Procedural documents must be digitally certified with ICP-Brazil before being uploaded electronically to local courts.

8. What information and details are reflected in the certificate of registration of an aircraft?

The express consent of the parties to digital signatures in private documents is advisable to avoid challenge by the other party. Currently, local courts accept all types of digital signatures for private documents. In the case of the Brazilian Aeronautical Registry, the electronic signatures must comply with the requirements detailed in our replies to questions 1, 2 and 11.

9. Are the entries in the aircraft registry of Brazil made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?

Foreign entities are allowed to execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority as long as the requirements described in our replies to questions 1, 2 and 11 have been fulfilled.

10. What kind of aircraft operations can be conducted with aircraft registered in Brazil (i.e., private use, commercial air transport or both)?

Yes. The Brazilian Aeronautical Registry is a digital register. Aviation documents such as certificates of airworthiness and registration are issued digitally certified.

11. Does the civil aviation authority in Brazil authorise the operation of foreign registered aircraft? If so, with which countries has Brazil entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?

According to local laws, documents that are signed outside Brazil in a State that is a signatory to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents of October 5th, 1961 (the “Apostille Convention”), would have to bear a certificate called “Apostille”, issued by the competent authority of the State from which such documents emanate. In the case of any documents signed in a State that is not a signatory to the Apostille Convention, then documents must be consularized (sometimes called “legalized”) by the Brazilian consulate responsible for the jurisdiction where the signature has taken place. Alternatively, documents signed in Brazil by attorneys-in-fact pursuant to notarized and apostilled or consularized powers of attorney (if necessary, as mentioned herein above) do not require apostille / consularization.

Notarized and apostilled documents received in paper can be digitalized, including specific certification of ICP-Brazil by local Notaries before submitting with the Aviation Authority.

a. Has Brazil implemented the e-Apostille program?

Brazil has implemented the e-Apostille program for documents executed in Brazil.

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