New Rules for the Operation of Foreign Private Aircraft in Venezuela
The Venezuelan Civil Aviation Authority (the ‘INAC’) has updated the regulation governing the operation of foreign General Aviation aircraft in Venezuela. The new set of rules were published in the Official Gazette No. 42.823 of 21 February 2024 (the ‘New Regulation’). It repealed the regulation published in the Official Gazette No. 41.185 of 03 July 2017 (the ‘Repealed Regulation’).
1. WHAT’S NEW
a. More Options for Operational Permits
The New Regulation introduces three additional operational permits with validity periods of 7, 15, and 30 days in addition to the existing permits of 90, 180 and 365 days set forth in the Repealed Regulation.
Consequently, foreign private aircraft operators have now the option to apply for operational permits ranging from 7, 15, 30, 90, 180 to 365 days.
i. The 7-day permit
The 7-day permit is the entry-level permit and replaces the 72-hour permit contained in the Repealed Regulation. Under this permit, foreign private aircraft can enter and remain in the country for a period of seven calendar days. However, it is limited to a maximum of two nonconsecutive and non-cumulative permits per month and six per year.
This permit is the only one that can be processed online.
ii. The 15-day permit
This is one of the new operational permits introduced by the New Regulation, along with the 30-day and 180-day permit.
Under this permit, foreign General Aviation aircraft can enter and remain in the country for a period of 15 calendar days. During this time, domestic flights between controlled airports in Venezuela are permitted.
Unlike the 7-day permit, the 15-day permit must be requested in person before the INAC either by the foreign private aircraft owner or operator or by a local representative duly empowered by way of a notarised and apostilled Power of Attorney.
If any of the documents required to be submitted with the application is drafted in a foreign language, they must also be translated into Spanish by a locally certified official translator.
This 15-day permit can only be requested every two (2) months counted from the date that the aircraft effectively leaves the country.
The above is without prejudice for the foreign private aircraft operator to requesting a 90-day operational permit upon the expiration.
iii. The 30-day, 90-day and 180-day permit
Under these permits, foreign GA aircraft can enter and remain in the country for 30, 90 or 180 days, time during which domestic flights within controlled airports in the country can be operated.
Like the 15-day permit, they must be requested in person before the INAC either by the foreign GA aircraft operator or by a local representative duly empowered by way of a notarised and apostilled Power of Attorney.
The 30-day permit can only be requested every 90 days counted from the date that the aircraft effectively leaves the country; the 90-day permit, every eight months; and the 180-day permit, every one year.
The above is without prejudice for the foreign GA operator to requesting the 90-day, 180-day and 1-year permit, respectively, immediately after the expiration of the relevant permit.
iv. The 1-year permit
Under this permit, foreign private aircraft can enter and remain in the country for 1-year, time during which they can fly domestically within controlled airports in Venezuela.
Unlike the other permits, the granting of this permit is conditioned upon the foreign private aircraft operator obtaining a Temporary Admission certificate from the Venezuelan customs authority.
Upon its expiration, this 1-year permit can be renewed for a further year insofar as the Temporary Admission is renewed or a new one is obtained for the same period (one year).
b. Domestic Flights Allowed
The New Regulation now allows foreign private aircraft operators to fly within controlled airports in the country (save to La Tortuga Airport) under all operational permits, including the 7-day permit. These flights were expressly prohibited by the Repealed Regulation for the 72-hour permit.
The New Regulation also allows foreign private aircraft owners to operate domestic flights into Venezuela´s main touristic destinations such as Canaima, where Angel Falls sits, and Los Roques, one of the most beautiful archipelagos in the world. Domestic flights to these destinations by foreign private aircraft were prohibited by the Repealed Regulation too.
Domestic flights to La Tortuga, however, remain restricted to foreign GA aircraft.
c. Reduced Fees
Permit fees were also revised by the New Regulation.
Whilst the fee for the 1-year permit was significantly reduced from USD$25.000,00 to USD$1.860,00, the fee for its renewal was reduced from USD$35.000,00 to USD$1.422,00.
Additionally, the fee for the 90-day permit was adjusted from USD$5.000,00 to USD$450,00.
Furthermore, the fee for the new permits of 15, 30 and 180 days was set in the amount of USD$120, USD$230 and USD$900,00, respectively.
Finally, although the fee for the entry-level permit was already -and still is- free of charge, the period of validity of this permit was increased from 72 hours in the Repealed Regulation to seven days in the New Regulation.
d. New Grace Period Introduced
The New Regulation introduced a new grace period not contained in the Repealed Regulation.
Under this grace period, foreign GA operators would be allowed to extend their operational permit for up to three (3) days once the operational permit obtained has expired.
The fee for this grace period is USD$80,00 per each day of stay.
2. FINAL REMARKS
The New Regulation represent a more friendly policy toward owners and operators of foreign private aircraft in Venezuela in terms of costs and operational flexibility.
The significant reduction of fees, the widening of the operational permit options, and the opening of the country’s main touristic destinations to the operation of foreign private aircraft are all measures intended to increase the number of foreign GA aircraft operations in Venezuela and consequently, the collection of overflight, airport, and service fees inherent to said operations.
This initiative goes together with other measures adopted by the Venezuelan government for this purpose such as, for example, the extension of the runway of Los Roques Airport (SVRS) for the landing of larger aircraft.
The New Regulation will not only be welcomed by foreigners wishing to visit the country with their private aircraft, it will also represent new ways for Venezuelan nationals owning foreign private aircraft to bring their jets into the country and operate them at a lower cost and for longer time whilst avoiding nationalisation.
Finally, the permits contained in the New Regulation are without prejudice of the restrictions imposed by the US Department of Transportation (‘DoT’) through Order 2019-5-5 issued on 15 May 2019 and the Venezuelan INAC’s NOTAM A0006/24 dated 16 January 2024, to all direct flights between the United States and Venezuela.