Drone Regulations
17. What requirements must a foreign UAS operator satisfy in order to operate to or from your country?
Bahamas
No person may operate a RPA engaged in domestic or international air navigation in The Bahamas airspace without appropriate authorization from the State from which the take-off of the RPA is made. Further, no person may operate an RPA across the territory of The Bahamas without special authorization issued by The Bahamas. This authorization may be in the form of agreements between the States involved. Pursuant to CAR OPS 4 4.004 the request for authorization shall be made to the CAA-B not less than seven (7) days before the date of the intended flight, unless otherwise specified.
Bolivia
This is not yet detailed in the regulation project.
Brazil
A foreign UAS is subject to the same procedures of local UASs and must be registered with ANAC and follow ANATEL’s and DECEA’s rules. A UAS which is only registered in a foreign country is not authorized to be operated in Brazil. ANAC forbids international flights with UAS.
Canada
A foreign UAS operator must obtain an SFOC regardless of the use or weight of the UAS.
Colombia
There are no special requirements for foreign UAS operators, depends of the kind of the operation that want to be perform the foreign operator should follow the requirements of Class A or Class B. Besides the mandatory register in front of the UAEAC.
Costa Rica
Foreign RPAS operators must obtain a CE and a CO if they will be using it for commercial purposes: DGAC will also request a copy of the authorization from itscountry of origin to operate RPAS.
El Salvador
All UAS’ operators and aircraft must be registered before AAC. Foreign operators must file a copy of the passport to obtain the license and the registration authorization.
Germany
A foreign UAS operator also needs to have the mandatory third-party liability insurance that covers the risks mentioned in question number 33.
Guatemala
There are not differences between the registration of national and foreign operators.
India
Foreign UAS operators cannot directly operate to or from India but they can lease the UAS to any organization that is wholly owned by the Central Government or any State Government or any company or corporation owned or controlled by either of the said Governments in India or to 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.
Israel
Section 42A of the Operation Regulations expressly prohibits the operation of foreign aircraft in Israel on a permanent basis (“permanent” meaning a stay in Israel for more than 45 days out in a period spanning 270 days). Operation of an aircraft which stays in Israel beyond such stated period will not be permitted for another period until 6 months shall have passed from the date it departs Israel.
In addition, the operation of a foreign aircraft shall be performed only by its registered owner or by a person hired by the owner to fly it for the entire period of the foreign aircraft’s stay in Israel. It should be noted in this context, that Section 42A does not apply, inter alia, to aircraft operated by a certified air operator (for more information regarding AOCs, see: response to question 11 above).
Section 42 of the Operation Regulations sets forth specific technical requirements regarding the operation of foreign aircraft in Israel, including technical equipment that must be carried by or installed in the foreign aircraft.
Italy
Once Regulation (EU) 2018/1139 is fully applicable following the issuance of the implementing acts by the European Commission, all EU operators will be allowed to fly drones in the territory of the European Union without any “nationality” restrictions imposed by the Member States. Until then, foreign authorisation will not be automatically recognised in Italy. Therefore, currently foreign companies willing to operate UAS in Italy must obtain a prior authorisation from ENAC subject to compliance with the Italian legislation.
Kenya
Foreign UAS operations into or from Kenya are currently regulated under the Rules of the Air Regulations. The International Civil Aviation Assembly Resolution A37-15 Appendix G (ICAO Assembly Resolution A37-15 Appendix G) which has been incorporated in the Rules of the Air Regulations resolved that pending the coming into force of International Standards in respect of particular categories, classes or types of aircraft, certificates issued or rendered valid, under national regulations, by the Contracting State in which the aircraft is registered shall be recognized by other Contracting States for the purposes of flight over their territories, including landings and take-offs. The Rules of the Air further provides that a remotely piloted aircraft system (RPAS) engaged in international air navigation shall not be operated without appropriate authorization from the State from which the take-off of the RPA is made and that an RPA shall not be operated across the territory of another State without special authorization issued by each State in which the flight is to operate. This authorization may be in the form of agreements between the States involved. A foreign operator into or from Kenya should therefore obtain special authorisation from KCAA.
Upon promulgation of the Draft Regulations, a UAS flight commencing at a place in Kenya and terminating at a place outside Kenya will be required to get authorization:
a) from the state of destination; or
b) any other state over whose airspace the UAS will fly.
Any UAS flight commencing at a place outside Kenya and terminating at a place within Kenya or overflying the Kenyan airspace will be required to get authorization from the KCAA[20].
[20] Regulation 32 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019
Mexico
Foreign RPAS operators and foreign registered RPAS cannot operate in Mexico unless a bilateral agreement between Mexico and the foreign country exists. Foreign registered RPAS to operate for scientific purposes must apply for a special permit before the Ministry of Defense (Secretaría de la Defensa Nacional).
Nicaragua
Considering the prohibition to operate UAS in the country, INAC has not established the requirements for foreign UAS operators.
Norway
The UAS Regulations apply to all operations of UAS in Norway, hereunder Svalbard, and in the airspace above the Norwegian continental shelf and economic zone. No distinction is made between Norwegian and foreign UAS operators.
Pakistan
The rules and regulations governing URCSUAs apply equally to foreign and local operators. There are no additional or separate requirements for foreign URCSUA operators.
Panama
Any RPA operator that desires to operate an RPA in Panama commercially must obtain an Operation Certificate from the AAC. Nonetheless, the AAC will recognize as valid, the Operation Certificate of a foreign operator that has been issued by another contracting state of ICAO, under similar requirements to those required by the AAC, or under the base of a reciprocal agreement.
Philippines
An “operator” refers to the person or company that operates RPAs, while a “controller” refers to the equivalent of the pilot in aircrafts. As such, there is a distinction between “foreign operator” and a “foreign controller”.
A “foreign operator” is not allowed in the Philippines. 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 a Commercial RPA Operator Certificate
A “foreign controller” may be allowed in the Philippines. A person who currently holds a valid RPA Controller Certificate, License or Authorization issued by another Contracting State may apply for a validation of such license or authorization for use on RPAs registered with the Authority. The Authority will verify the authenticity of the license/authorization and ratings with the issue state.
A validation certificate will be issued provided that the applicant presents to the Authority a current and valid foreign issued license/authorization and evidence of the following experience:
i. Has completed an RPA training course as conducted by the RPA manufacturer in the operation of the type of the RPA that he or she proposes to operate;
ii. Has at least five (5) hours experience in operating RPAs outside controlled airspace;
iii. Has passed RPAS Exam;
iv. Has passed the demonstration flight conducted by the authorized personnel of the Authority;
Portugal
N/A.
Puerto Rico
FAA rules apply.
For the Aeronautical Knowledge Testing/Remote Pilot Certification:
US citizens and resident aliens: Driver permit, or license issued by a U.S. state or territory, U.S. Government identification card, U.S. Military identification card, Passport, Alien residency card.
Non-US citizens: Passport and Driver permit, or license issued by a U.S. state or territory or Identification card issued by any government entity
Romania
There are no special requirements applicable only for foreign UAS operators, if they have obtained the identification certificate for the UAS they are using. When a UAS has a registration or identification certificate issued by the relevant authority in another country it may be recognized by RCAA.
South Africa
None. The current legislative framework is silent regarding registration and operational requirements for foreign UAS operators, however, it is presumed that a foreign operator would have to follow the same licensing and registration application process as a South African operator.
Spain
The requirements to operate UAS in Spain are contained in the above referred Delegated Regulation 2019/945 which in its Article 41 indicates the requirements that the third-country UAS operator to fly in Spain will be those provided by AESA as the competent authority in Spain.
In practice, third-country UAS operating in Spain will have to comply with the same rules and restrictions than those applicable to Spanish or EU operators. Among other aspects, the Member State may recognize the foreign certificate of remote pilot competency and UAS operators’ certificate as valid in the Member State if such third country has previously asked for said recognition.
Switzerland
This depends on the specific operation at hand. However, according to art. 8 of the Chicago Convention 1944, unmanned civil aircraft are only allowed to fly over the sovereign territory of another country with that country’s special permission. In order to operate to or from Switzerland, one must also specifically be aware of Swiss customs law and possibly tax law.
As of June 2020, the rules as per the New EU Drone Regulations will apply (see Miscellaneous and Most Recent Changes below).
Turkey
Foreign operators must apply 20 days prior to the operation to CAA for a flight permit and present an insurance policy (except for recreational operations of UASO’s and UAS1’s) which must be in compliance with the CAA regulation of 15.11.2005 governing the standards of third party liability insurance policies of aircrafts.
United Kingdom
Comply with UK requirements pertaining to UAS operations.
United States of America
This depends on the purpose and under which authority the UAS is operated.
If the foreign UAS operator is operating in compliance with the Special Rule for Model Aircraft, the foreign operator must complete the online registration process to obtain a “recognition of ownership” from the FAA prior to operating the UAS in the United States.
If the foreign UAS operator is not operating for commercial purposes but the operations are not in compliance with the Special Rule for Model Aircraft, the foreign operator may operate under Part 107 by obtaining a remote pilot certificate from the FAA. This requires the foreign operator to submit an application for foreign air carrier economic licensing.
If the UAS is to be operated for commercial purposes, the foreign owner must register the UAS in the country in which the owner is eligible to register and obtain operating authority from the U.S. Department of Transportation.