CLOSE

LAWYERS

SEARCH BY ALPHABETICAL ORDER

SEE ALL LAWYERS
CLOSE

PRACTICE AREAS

Aviation Alert – October

IMPORTANT NEWS

– International flights: Through Supreme Decree 157-2020-PCM the government authorized phase 4 of the reactivation of economic activity, which includes international air transport of passengers. However, the Supreme Decree also determined that the Ministry of Transport and Communications (the “MTC”) in coordination with the Ministry of Health, would set the dates, requirements and conditions of travel.

– Destinations: On September 29th, the MTC issued Ministerial Resolution 0642-2020 whereby it authorized international air transport of passengers from October 5th onwards, to specific destinations, all within a maximum flight time of 4 hours:

– Requirements: Aircraft can travel at full capacity, but passengers must where face masks and facial protectors. In addition, passengers leaving and entering Peru must provide evidence of having obtained a negative COVID-19 test within at least 72 hours prior to the flight.

– Migratory Control: On October 3rd, through Resolution 00202-2020, the Immigration Department ordered the suspension of stamps on Passports upon entry into Peru. A virtual Andean Migration Card (TAM) would be used instead, and passengers will need to use an app called “Pre Registro de Control Migratorio”.

– Other destinations: The government is expected to authorize flights to other destinations, mainly the European Union and USA, in November or December should COVID-19 cases in Peru (and the relevant countries) decline.

– Sector guidelines: Through Ministerial Resolution 0643-2020-MTC/01, the sector guidelines for the prevention of COVID-19 on international flights was published. Through this instrument, requirements are set out for the international air transport of passengers and the measures to be implemented by aerodromes and air operators.

– Other activities: Other aviation activities (national air transport of passengers, special aviation services, among others) were authorized with phase 3 of the reactivation of economic activity, while cargo flights, aerial work and others were never halted.

– The DGAC: the aviation regulator (the DGAC) has adopted measures to facilitate its interactions with supervised entities, implementing virtual proceedings and allowing filings to take place on-line. Recently, it has set out guidelines to be followed for the certification of air operators of all types of aviation activities, which include filings and virtual inspections.

– Waiver of slots: A waiver has been granted by the DGAC regarding the use of assigned slots for domestic and international flights at the Lima Airport, given the reduced capacity of airports and the frequency of flights. This waiver shall be in force until March 2021.

– Business loans: Peruvian incorporated air operators have been able to access credits under the “Reactiva Peru” program, a national government scheme to guarantee business loans. However, despite the precarious situation of the aviation sector, the government has not implemented any measures designed to specifically provide aid or relief to air operators.

National Airline Bill: As a result of the impact of COVID 19 on the aviation industry, certain commissions of congress have been discussing a bill regarding the creation of a national airline, 35% of which would belong to the state. It does not seem that the bill shall gain much traction, especially considering the poor timing of the proposal.