NETHERLANDS ANTILLES AVIATION LAWS
Registration of aircrafts
In accordance with article 2 of the Netherlands Antilles Aviation Ordinance (P.B. 2001, no. 151) it is prohibited to fly with an aircraft which is (a) not provided with a valid proof of registration, (b) not provided with a nationality mark and a registration mark, (c) not provided with a valid proof of the capability to fly and (d) which is not airworthy.
The Ordinance on Aviation Supervision (P.B. 2003, no. 56) contains regulations with regard to the entry for aircrafts in the nationality register. In the nationality register of the Netherlands Antilles, aircrafts are entered if they are manufactured in the Netherlands Antilles, and/or aircrafts for which the custom formalities are completed, providing that the aircrafts are property of a Netherlands Antilles legal person. In case a legal person is in possession or control of an aircraft under the terms of a tenancy contract or fiduciary transfer of ownership with an owner who is a foreigner or a legal person under foreign law, the administrator of the nationality register will only allow entry of an aircraft in that capacity, in the name of the owner, with prior consent of the Minister of Aviation.
The application of the entry of an aircraft in the nationality register is carried out by the administrator of the nationality register. The administrator is filing a reasonable filled in and signed form, from which copies are free of charge available at the Aviation Department. In the nationality register record is kept of the name, the date of birth, place of birth and the place of residence of the owner or the registered office in case the owner is a legal person, as well as the name and residence of the manufacturer of the aircraft.
The request of registration can only be rejected, if it appears that the person who applied for registration or transfer, acts as an intermediary for persons or a legal person, that is inadmissible to registration. Written proof of the registration will be given to the applicant. This written proof of registration will be valid during a period of three years. The register is available for public inspection.
Karel Frielink
Attorney (lawyer) / Partner
