How To Secure Commercial Air Operations Licensing for Foreign Air Operators in Nigeria

Nigeria is a signatory to the Chicago Convention and as a result , has the right to lay down binding regulations for entry into & flight operations into, from or within Nigeria.

Usually, international commercial air transport flights are permitted into a contracting state by virtue of the terms contained in international agreements that grant the permission to operate in that state and require the safe operation of aircraft.

In Nigeria, the Nigerian Civil Aviation Authority (NCAA) is the government agency statutorily empowered to make regulations regarding the terms and conditions under which Nigeria ensures aviation safety via constantly verifying the airworthiness & personnel or foreign operations.

This article will be looking at the provisions of the NCAA Regulations on foreign airlines seeking to operate in, from or within Nigeria.

What is the applicability scope of the NCAA foreign airline regulations?

The regulations prescribe requirements applicable to the operation of any civil aircraft that is :-

– used for commercial air transportation operations by any air operator whose AOC is issued; and

– controlled by an authority other than Nigeria.

These regulations do not apply to aircraft when used by military, customs & police services, which are not used for compensation or hire.

What are the provisions of the NCAA Regulations on compliance?

– A foreign air operator shall not operate an aircraft in commercial air transportation operations into Nigeria contrary to :-

a). The requirements of NCAA Regulations.

b). Standards set by the Chicago Convention.

c). Any other requirements that the authority may specify.

What are the provisions of the regulations on the authority to inspect?

– A foreign air operator in Nigeria is required to ensure that any person authorised by the NCAA shall be permitted at any time, without prior notice, to board any aircraft operated for commercial air transportation to Nigeria :-

1. To inspect the documents and manuals requested by the NCAA

2. To conduct an inspection of the aircraft

3. To take appropriate action when necessary to preserve safety

What are the provisions of the Regulations on approval for foreign air operators to operate in Nigeria?

– A foreign air operator from the territory of another state shall not operate an aircraft in Nigeria unless it is so authorised by the NCAA & holds associated operations specifications containing the special limitations & specific approvals issued to it by the authority.

– A foreign operator intending to operate in Nigeria shall submit an application to the NCAA in a form & manner prescribed by the Regulations.

– An application for approval to operate in Nigeria shall be accompanied by:-

1. A Certified True copy of an AOC license & associated operations specifications issued to the foreign air operator by the foreign authority.

2. A copy of the approval page for an MEL for each aircraft type intended to be operated by the foreign air operator in Nigeria.

3. A copy of the current certificate of aircraft registration & certificate of airworthiness issued for each aircraft type proposed to be operated by the foreign air operator in Nigeria.

4. A copy of the insurance certificate.

6. A copy of the operational procedures and practices of the foreign air operator.
7. A copy of a document identifying the maintenance checks that are required to be performed for the aircraft of the foreign air operator while they are operated in Nigeria.

What is the minimum share capital requirement for foreign air operators seeking to do business in Nigeria?

The minimum share capital for operation in Nigeria is as follows :-

– International Air Operations :- 2 Billion Naira

– Regional Air Operations :- 1 Billion Naira

– Domestic/Local Air Operations :- 500 Million Naira

What are the provisions of the regulations on the issuance of documents of authorizations along with their conditions and limitations?

The NCAA will issue operations specifications to a foreign air operator to conduct commercial air transportation operations in Nigeria :-

1. Where the authority is satisfied and has confident in :

a). the validity of the certificate and licenses associated with the operator;

b). the operator’s personnel & aircraft;

c). the level of certification & oversight applied to the activities of the operator by the foreign authority.

2. Following approval of the foreign air operator’s application to operate into Nigeria.

3. Upon a satisfactory administrative review of the documentation provided by the foreign air operator under the regulations and :-

a). When it has established bilateral or multilateral agreements with the state of the operator that includes in the agreement the safety clause prescribed by the regulations, or 

b). When it has not established bilateral or multilateral agreements with the state of the operator, the NCAA receives no significant safety findings or major deficiencies from available safety related information relevant to the foreign air operator.

What are the flight rules within Nigeria that foreign air operators must be cognizant of as outlined by the NCAA Regulations?

General

– A foreign air operator shall ensure that its flight crew members have the appropriate licenses & ratings for the operations to be conducted into Nigeria.

Age Limitations

– Foreign operators shall ensure that the required PIC(Pilot-in- Command) engaged in single pilot operations in aircraft operating into Nigeria shall be less than 60 years of age.

– For aircraft engaged in operations into Nigeria requiring more than 1 pilot and a flight crew, foreign air operations shall ensure that if one pilot is between 60&65 years of age, the other pilot is less than 60 years of age. 

Language Proficiency

– Foreign air operators shall ensure that flight crew operations aircraft into Nigeria meet the language proficiency requirement of at least the ICAO operational level (Level 4) fot the English language & such proficiency is endorsed on the license.