83 Bis Agreement Russia

September 8, 2021

Article 83 bis provides for the signing of a bilateral agreement between the aviation authorities of two States Parties. A bilateral transfer and delegation of responsibility for the regulation and oversight of the safety of an aircraft, in accordance with the requirements of the State of registry, shall be transferred from that State to the aviation authorities of the country of origin of the airline. (a) Without prejudice to the provisions of Articles 12, 30, 3(1) and 32 (a), where an aircraft registered in a Contracting State is operated by an economic operator having its head office or, if it does not have one, its permanent residence in another Contracting State on the basis of an agreement for the lease, charter or replacement of the aircraft; The Registry State, in agreement with that other State, may delegate to it, in agreement with that other State, all or part of its functions and obligations as a State of registry in respect of that aircraft, in accordance with Articles 12, 30, 31 and 32 bis. The status of the register is relieved of responsibility for the tasks and obligations entrusted to it. [In addition], in the case of a transfer of a civil aircraft under a lease agreement to the territory of the Russian Federation, if, within 90 calendar days from the date of the transfer of a civil aircraft under a lease of a civil aircraft, the public registration of a civil aircraft in the public register of civil aircraft of the Russian Federation has not been carried out, The tax base for the transfer of civil aircraft are defined by the tax agent as the cost of these services under a lease agreement. Article 83 bis applies regularly in Russia and a bilateral agreement between Russia and Bermuda has been in force since 1999. The agreement provides for the transfer of certain functions and obligations from the State of the register to the State of the operator, clarifies safety responsibilities, simplifies procedures and in turn increases aviation safety. Where an aircraft has its registered office outside its jurisdiction, the State of registry may experience difficulties in ensuring compliance with maintenance requirements and the timely renewal of the Certificate of Airworthiness (CofA). Similar article 83 bis agreements have proven popular with other States that offer transactional advantages. For example, Ireland, where many fleets originate and are managed, has concluded numerous Article 83a bilateral agreements with Colombia, Italy, Mexico, Mongolia, Norway, Russia and Spain. (b) The transfer shall not take effect in respect of other Contracting States unless the agreement between the States in which it is embodied has been registered with the Council and published in accordance with article 83 or the existence and scope of the Convention to the authorities of the other State Party or States Parties concerned by a State Party to the Convention: were communicated directly.

At aircraft charter events during the summer of 2019, there was a general consensus that virtually no aircraft stock was available for domestic charter flights within Russia and the Eurasian Union.