Mexico

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

While Mexico acknowledges the validity of electronic signatures through the Law of Advanced Electronic Signature (Ley de Firma Electrónica Avanzada), the Mexican Federal Civil Aviation Agency (Agencia Federal de Aviación Civil – “AFAC”) has not yet established specific regulations governing the use of digital platforms or electronic signatures for documents within the aviation industry.

In principle, the AFAC does not accept electronically executed documents as of this day. Furthermore, Mexico has ratified the Cape Town Convention on International Interests in Mobile Equipment (the “Convention”) and the related Aircraft Protocol (the “Protocol”). However, Mexico’s declarations have imposed limitations on the scope of the Convention, making the enforcement of remedies outlined in the Convention potentially impractical or inapplicable. Specifically, remedies under Article XI of the Protocol have been restricted, and no remedies can be exercised without court approval. Due to these limitations, IDERAs are not enforceable in Mexico at this time.

For further information on registrations with the Mexican Aeronautics Registry (Registro Aeronáutico Mexicano – “RAM”), please refer to L2B’s publication on Aircraft Title and Registration – Mexico.

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

N/A.

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

No. The RAM does not currently utilize any electronic platforms for aircraft documents or aircraft lease documents. All registrations and searches must be conducted physically with hard originals presented before the AFAC.

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

No. It is not possible to upload electronic files for registration. All registrations must be done physically with hard originals

submitted to the RAM. However, there are some exceptions to this rule: provisional registration marks and preliminary registration requests for documents can be submitted electronically to the RAM.

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

Yes. Courts in Mexico do consider documents executed using digital signatures or certifications as valid and enforceable, even if they are not registered or registrable with the AFAC. However, for electronic signatures to be recognized as valid, they must meet specific requirements outlined in the Law of Advanced Electronic Signature, the National Code of Civil Proceedings and the Code of Commerce.

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

Not all courts in Mexico allow electronic filings for lawsuits, pleadings, and procedural documents. The acceptance of electronic filings depends on the specific matters being handled by each court (e.g., labor, civil, etc.), as well as whether the courts are at the federal or local level. It is essential to consider local-specific rules and guidelines regarding electronic filings.

Mexican federal courts generally allow electronic filings, provided certain requirements are met in accordance with the Law of Advanced Electronic Signature, the National Code of Civil Proceedings and the Code of Commerce.

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

Yes. The courts of Mexico do accept procedural documents executed digitally. However, there is a specific certification requirement for these electronic signatures. To be considered valid within courts and the judicial system, electronic signatures must adhere to the regulations outlined in the Law of Advanced ElectronicSignature.

It is essential to note that Mexico distinguishes between official digital signatures, which are governed by the Law of Advanced Electronic Signature, and private digital signatures used in other contexts, such as those provided by digital platforms. The official digital signatures must comply with the legal requirements set forth by the Law of Advanced Electronic Signature to be accepted within the court system.

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

Yes. For documents executed by digital signatures to be considered valid in Mexico, they must adhere to the formal requirements outlined in the Law of Advanced Electronic Signature.

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

Lease agreements or finance documents can be executed with digital signatures, meeting the requirements mentioned earlier. However, for registration of any document with the RAM, notarization is mandatory in Mexico. Notarization in Mexico involves the execution of documents with wet ink signatures on original copies.

If the documents are issued and executed abroad, they must undergo notarization and further apostilling or legalization, as applicable. Additionally, if the documents are in any language other than Spanish, a Spanish-certified translation must be provided by a Mexican court-approved expert translator.

For further information on registrations with the RAM, please refer to L2B’s publication on Aircraft Title and Registration – Mexico.

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

No. The AFAC primarily relies on printed paper documents.

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

All documents to be recorded with the RAM must be duly notarized. If such documents were (i) issued abroad, they must be notarized and further apostilled or legalized (as applicable) and/or (ii) entered in any language other than Spanish; a Spanish-certified translation thereof must be issued by a Mexican court-approved expert translator.

Notarization in Mexico involves the execution of documents with wet ink signatures on original copies.