Drone Regulations

12. What requirements apply in the areas of financial strength and nationality of ownership regarding control of UAS?

Bahamas

There are no nationality or ownership restrictions regarding control of a RPA.

Bolivia

This is not yet detailed in the regulation project.

Brazil

There is no specific requirements for areas of financial strength and related to nationality ownership. The owner of a UAS must follow registration requirements stablished in RBAC-E 94, ANATEL and DECEA (ICA 100-4).

Canada

The requirement to hold an SFOC.

Colombia

This matter does not have a specific regulation yet.

Costa Rica

To obtain the CE the applicant must file its financial statements and demonstrate the company is in good standing. There are not restrictions regardingnationality of ownership of UAS.

El Salvador

There is not an express regulation on this matter.

Germany

N/A.

Guatemala

As part of the requirements to obtain a CE, the applicant must file its financial statements. DGAC will verify if the company is in good standing. There are not restrictions regarding nationality of ownership of UAS.

India

The UIN is only granted where the UAS is wholly owned either:

a)  By a citizen of India; or

b)  By the Central Government or any State Government or any company or corporation owned or controlled by either of the said Governments; or

c)  By a company or a body corporate provided that:

i)  it is registered and has its principal place of business within India;

ii)  its chairman and at least two-thirds of its directors are citizens of India; and,

iii)  its substantial ownership and effective control is vested in Indian nationals; or

d)  By a company or corporation registered elsewhere than in India, provided that such company or corporation has leased the UAS to any organization mentioned in paragraph (b) or (c) above.

Israel

As detailed in the response to question 11 above, one of the prerequisites for obtaining an AOC for the commercial operation of an aircraft, including UAS that are construed as “aircraft” under the Air Navigation Law, is that the applicant must be an Israeli citizen or permanent resident, or an Israeli corporation.

In addition, in accordance with Section 2 of the Air Navigation Regulations (Registration and Marking of Aircraft), 1973 (the “Registration Regulations”), the operation of an aircraft within the airspace of the State of Israel is subject to the issuance of a certificate of registration of the aircraft on the Israeli Aircraft Register (the “Aircraft Register”). A prerequisite for registering an aircraft on the Aircraft Register, is that the aircraft be owned by an Israeli citizen or permanent resident; or owned by a corporation registered in Israel or established according to Israeli law, where at least two-thirds of its directors are Israeli citizens or permanent residents and the aircraft is not registered in another country.

In addition, the operation of an aircraft by aircraft dealers, is subject to the issuance of a “dealer’s registration certificate”, which is likewise subject to the nationality requirements elaborated above; another requirement is that the dealer will have its place of business in Israel. However, the term “aircraft” as defined in the Registration Regulations does not include “miniature aircraft (such as model airplanes or toys)”.

According to Section 33(a) of the Draft Regulations (Small Drones) the Registration Regulations shall not apply on Small Drones, however, pursuant to Section 8 of the Draft Regulations (Small Drones), a small drone shall be eligible for registration only if it is owned by an Israeli citizen or permanent resident, or owned by a corporation incorporated in Israel and is controlled by an Israeli citizen or permanent resident, and provided that it does not bear the “nationality or registration marks granted by a foreign country”. It has not been suggested in the Draft Regulations (RCMA) that similar requirements be imposed in relation to RCMAs.

As for requirements relating to financial strength of the air operator, as mentioned in response to question 11 above, the issuance of an AOC, is subject to the possession of a commercial operating licence (“COL”). According to Section 2 of the Aviation Services Licensing Regulations, 1963, an application for a COL must include, inter alia, proof that the applicant has sufficient capital to finance its operation.

 

Italy

There is no specific regulation in the areas of financial strength or nationality ownership in respect of UAS.

Kenya

There are no financial requirements to operate a UAS in Kenya.

Under the Draft Regulations, a person will be eligible to own a UAS in Kenya if the person is[16]:

(a)     a Kenyan citizen or a resident in Kenya of minimum age of 18 years;

(b)     a company registered in Kenya; or

(c)     the national government or county government

A person other than the national government shall not own, register or operate a UAS with military specifications.[17]

The Draft Regulations require the operational control of UAS to be the responsibility of the registered owner of the UAS or the operator.

[16] Regulation 6 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[17] Regulation 6 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

Mexico

No limitation exists to ownership as long as the RPA is registered with the Mexican Aeronautic Registry.

Nicaragua

There is not an express regulation on this matter.

Norway

There is no requirement as to financial strength, but pursuant to Section 18 of the UAS Regulations all operators (excluding governmental operators) are obliged to have liability insurance covering statutory strict liability for any damage to third parties caused by the UAS operations.

The Aviation Act Section 2-2 provides requirements regarding nationality. Aviation within Norwegian territory may only be undertaken with aircraft which are of Norwegian nationality (except as otherwise provided by the act, such as in Section 16-1 regarding EEA) or if the aircraft has nationality in a foreign state which has signed an agreement with Norway regarding aviation rights. Further, aviation may be allowed by a special authorization by the NCAA.

Pakistan

There are no specific criteria in respect of creditworthiness of an applicant intending to apply for a licence to operate and control a URCSUA in Pakistan under the Rules and the ANO and there are no restrictions set out in respect of nationality of owners thereunder.

Panama

There are no restrictions regarding nationality or ownership for the operation of a RPAS in Panama.

Philippines

Presently, the PCAR does not provide for any requirements as to financial strength to operate a UAS (although the minimum paid up capital of Php10 Million for agricultural spraying companies using fixed wing aircrafts may be imposed for RPA operators operating agricultural spraying).  

On the nationality of ownership, there is such a requirement for the RPA operator and the RPA itself as follows: 

a) For the RPA operator, only citizens of the Republic of the Philippines and Domestic partnership, entities or corporations sixty (60%) percent of the capital of which is owned by Filipino citizens may be eligible to apply for Commercial RPA Operator Certificate. 

b) For the RPA itself, as an aircraft, an RPA is eligible for registration (and to be issued a Certificate of Registration) if it is owned by or leased to a citizen or citizens of the Philippines or corporations or associations organized under the laws of the Philippines at least sixty per centum (60%) of whose capital is owned by Filipino citizens. A foreign-owned or registered RPA may be eligible for registration, if utilized by members of aero clubs organized for recreation, sport or the development of flying skills. 

Portugal

N/A.

Puerto Rico

Currently, Puerto Rico has no state regulations governing this matter.

Romania

There are no requirements in the area of financial strength of the owner. Regarding the ownership of UAS, according to Art. 21 from Aerial Civil Code the right of ownership is recognized, without discrimination, to the natural and legal persons.

South Africa

None. The regulations are silent on this, however a UAS registered on the South African Civil Aircraft Register shall be deemed to have South African nationality.

Spain

No specific requirements apply for financial strength and nationality ownership regarding control of UAS.

Switzerland

There is currently no such particular requirement in relation to financial strength / nationality of ownership.

Turkey

Directive doesn’t indicate conditions and/or requirements in particular for the financial fitness of the UAS owners or operators. Under the nationality rule of the Turkish Civil Aviation Law foreign ownership of aircrafts is restricted. An aircraft is qualified as Turkish if the owner is a Turkish real person or a Turkish legal person of which Turkish citizens hold the majority of equity and control. UAS’s are legally aircraft thus the same nationality restriction apply.

United Kingdom

None stipulated.

United States of America

Part 107 does not contain an economic requirement for small UAS operations.

It is possible that a Section 333 exemption may require a certain level of financial strength, but this is determined on a case-by-case basis.

Please see below for discussions regarding nationality of ownership.