Macau Aircraft Registration Regulations, Civil aviation and aerial activities are governed by the Civil Aviation Activity Regulation (Administrative Regulation n. º 10/2004, as amended by Administrative Regulation 18/2008) which sets forth the general principles for aerial operations in this jurisdiction, and by the Air Navigation Regulation (Executive Order n. º 43/2021) which determines the mandatory technical requirements to provide safe and effective aerial transportation.
Internationally, Macau is a signatory of The Convention on International Civil Aviation, also known as the Chicago Convention, which established the International Civil Aviation Organization. Under this Convention, Macau is subject to certain obligations relating to the operational safety of civil aviation.
On the other hand, Macau is not part of the Convention on International Interests in Mobile Equipment, also known as the Cape Town Convention, whose purpose is to resolve the issues of obtaining certain and enforceable rights to high-value aviation assets, namely airframes and aircraft engines.
According to Macau’s Civil Aviation Activity Regulation, commercial aerial transportation such as passenger aerial transportation, cargo, and mail to and from Macau is formed as a public service concession granted to an operator incorporated in Macau and duly certified by the Civil Aviation Authority of Macau (“AACM”). One of the operator’s main responsibilities is to obtain prior authorization from AACM to operate a leased aircraft and comply with AACM’s security standards.
AACM is responsible for issuing, renewing, and amending any certificates, authorizations, or licenses related to the aircraft, as well as admitting similar documents when these are issued outside of Macau.
Under Macau law, an aircraft authorized to fly here must be mandatorily registered in (i) Macau, (ii) any country signatory of the Chicago Convention, or (iii) any other country with an agreement with the Macau Government.
As an aircraft can only be registered in one country, and if the aircraft is to be registered in Macau, the AACM will require evidence that (i) the aircraft is new and shall be delivered by the manufacturer directly, or (ii) it is, or will be in the short-term, deregistered in the country of origin, to complete the registration procedures in Macau and subsequently issue the required certificates.
Moreover, it is also mandatory for the lessee (the Macau company that will operate the aircraft, i.e. an airline) to be licensed as a Macau company, and to register the lease Agreement with the AACM.
Apart from the above-mentioned registration, according to Law no.10/98/M, the aircraft must also be registered with the Macau Moveable Assets Registry (“Registry”). This registration discloses to the public the legal status of the assets and rights registered, and it is independent of the registration with AACM.
Under Macau law, the first registration made concerning any asset is the ownership, which is mandatory for all aircraft registered with AACM.
Subsequently, it is also possible to register mortgages, leases, and other rights or liens over the aircraft. However, it is only mandatory by law to register the ownership rights with the Registry.
It is important to note that AACM will not handle or register the guarantees over the aircraft. This is done through the Registry.
Finally, registration of the aircraft with the AACM will incur certain fees, notably for the issuance of the required certificates such as Certificate of Registration, Airworthiness, Station License, and Noise Certificate. The same shall apply to each registration with the Registry (i.e. ownership, lease, etc.) subject to the payment of a registration fee of MOP5,000.00.
For more information about our law firm’s Macau aviation-related services, and key contacts, follow the link below:
Manuela Antonio Macau Aviation Services
