Perú

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

No, there is no specific legislation regulating this procedure under the responsibility of the General Directorate for Civil Aviation (hereinafter DGAC), which is the Aeronautic Authority in Perú.

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

Notwithstanding the answer to the previous question, it should be pointed out that there are specific requirements for the validity of the electronic signature types which are indicated in Article 1-A of Supreme Decree No. 052-2008-PCM, “Regulations of the Law of Digital Signatures and Certificates”:

“TITLE I GENERAL PROVISIONS

ARTICLE 1-A.- The following three (03) types of electronic signature are recognized:

a) Simple Electronic Signature. It is a data in electronic format attached to other electronic data or logically associated with them, used by a signatory to sign. b) Advanced Electronic Signature. A simple electronic signature that meets the following characteristics: (i) it is uniquely linked to the signatory, (ii) it allows the identification of the signatory, (iii) it has been created using signature creation data that the signatory can use under its control, and (iv) it is linked to the signed data in such a way that any subsequent modification thereof is detectable. c) Qualified Electronic Signature. A qualified electronic signature or digital signature is an advanced electronic signature that complies with the provisions of Chapter II of these Regulations”.

Regarding the provisions of section c), Chapter II states that the qualified electronic signature must be provided by a provider entity that is duly registered /accredited at INDECOPI, and complies with all the characteristics and requirements established by law.

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

The General Directorate for Civil Aviaiton (DGAC) is not in charge of registering lease contracts, guarantee agreements and

others, since by the Resolution of the National Superintendency of Public Registries N° 360-2002-SUNARP-SN, approved the Regulation for Registration of that kind of documents at the Aicraft Public Registry. The Aircraft Public Registry is a deconcentrated body of SUNARP in charge of registering acts and/or rights related to aircrafts.

This entity uses the electronic registry to register an extract or summary of the registration record, but not all the documents filed related to an specific act, agreement or amendment.

Notwithstanding the above, the DGAC do grants access to each air operator to an assigned extranet, where specific information is notified and, certain documents approved to the air operator by the aeronautic authority are compiled. The extranet has limited access, only to the Security Chief.

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

As commented, it is not possible to register the documents detailed in the above question because the DGAC is not the competent entity for such registrations.

Notwithstanding, documents regarding aircraft security programs of the airlines can be uploaded at the referred extranet.

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

Yes, as explained before, documents registration must be issued by SUNARP Aircraft Registry in order to be valid. That registration gives validity and makes enforceable the documents at the DGAC.

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

Yes, through Administrative Resolution No. 214-2008-CE-PJ, the Executive Council of Peruvian Courts established the Electronic Notification System (SINOE), which is a virtual platform for the Peruvian Courts that is use for pleadings and file procedural documentation related to the designated Electronic Court File and it is also an electronic mean for electronic notifications to parties of court proceedings.

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

Filing documents with electronic or digital signatures in the Courts system is admitted.

Natural persons are not required to have any digital certificated signature; digitalized signature is valid unless it were required by a specific act in the course of a procedure. However, officials of public entities have digital signatures to sign the documents they issue in courts, according to the Supreme Decree 052- 2008-PCM.

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

Digital signatures, will be considered valid if it is generated within the framework of the Official Electronic Signature Infrastructure (IOFE) according to article 3 of Supreme Decree 052-2008-PCM, which approves the “Regulations of the Digital Signatures and Certificates Law”.

Article 6 of the Regulation establishes the conditions that the digital signature generated within the framework of the (IOFE) must have:

“CHAPTER II DIGITAL SIGNATURE Article 6.- Digital signature

It is an electronic signature that, using an asymmetric cryptography technique, allows the identification of the signatory and it has been created by means, even remotely, that guarantee that the signatory maintains under its control with a high degree of confidence, so that it is linked only to the signatory and to the data to which it refers; which allows guaranteeing the integrity of the content and detecting any subsequent modification, has the same validity and legal effectiveness as the use of a handwritten signature, provided that it has been generated by a duly accredited Digital Certification Service Provider that is within the Official Electronic Signature Infrastructure, and that has none of the defects provided in Title VIII of Book IV of the Civil Code.

(…)”

The digital signature generated within the framework of the (IOFE), must be generated through a Digital Certification Service Provider duly accredited before INDECOPI.

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

Yes, foreign entities may sign all types of agreements or finance documents with digital signature or electronic signature; however, for their registration at Peruvian entities, they must have an apostille or consular legalization. In that regard, the use of digital or hand signatures depends really of the requirements to apostille or for consular legalization.

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

In Peru, the aeronautic authority has only implemented the technological platform for the submission of documents, for electronic notifications and there is also access granted to an extranet assigned to each air operator which allows the authority to notify information and compile documents approved to the air operator.

Finally, the technological platform is also a tool used at SUNARP level for the registration of documents as indicated in question 5.

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

In general terms, all documents issued abroad with manual or electronic signature must be duly apostilled for their validity in Peruvian entities; however, there are administrative procedures before the aeronautical authority that validate some documents issued abroad with simple or manual signature.

a. Has [Perú] implemented the e-Apostille program?

It is in process to be implemented, by the moment it is subject to the evaluation of the kind of document to be apostilled; so it does not apply to all documents.