New Regulations on the Permanence of Foreign Aircraft in Argentina

On December 9, 2019, the Argentine Civil Aviation Administration (the “ANAC”, after its acronym in Spanish) issued Resolution No. 873/2019, setting out regulations on the permanence in Argentina of foreign aircraft in transit, which came into force on February 7, 2020.

According to the regulations, foreign aircraft in transit may remain in the country for up to 48 hours without the need for authorization granted by the ANAC, provided that they enter and leave through an international airport and comply with customs, immigration and/or any other applicable regulations.

In the event of adverse weather conditions, technical damage or force majeure, the period of stay may be extended until the cessation of such impediments.

As for foreign aircraft entering the country for reasons other than tourism, they may request an authorization to stay in Argentina up to 90 calendar days, with the possibility of extending the term for 90 more days.

Users of such aircraft who, because of their civil or commercial activities, enter and leave the country frequently or stay for long periods of time, are not subject to the above-mentioned temporary restrictions. Likewise, they must request a special authorization from the ANAC, which will be granted for a period of up to three years to migrant workers, renters, pensioners, investors, scientists and specialized personnel, sportsmen and artists, in accordance with the provisions of Migration Law No. 25,871.

In order to obtain the authorization, the pilots who operate the aircraft must be Argentine and hold licenses validated or issued by the State of registration of the aircraft. Furthermore, the ANAC must carry out the audits it deems appropriate within the framework of the Operational Safety Inspection in Ramp Program (the “ISOR”, after its acronym in Spanish) and the Exchange of Safety Inspection in Ramp Data Program (the “IDISR”, after its acronym in Spanish).

For aircraft of foreign registry whose pilots are exclusively its owner or operator are not obliged to employ Argentine pilots with licenses validated or issued by the State of registry of the aircraft.

Furthermore, foreign aircraft entering Argentina solely for the purpose of maintenance or repair may remain in the country for as long as necessary.

Finally, the regulations explicitly prohibit air transport and air work by foreign aircraft in transit, even for the cases mentioned above.