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Foreign Air Carrier Authorization

por fabricio.fagundes publicado 30/05/2018 18h38, última modificação 13/08/2018 10h42

OPERATIONS OF FOREIGN AIR CARRIERS TO/FROM BRAZIL
SCHEDULED INTERNATIONAL SERVICES

Foreign air carriers that seek authorization to operate in Brazil must begin the regularization process by submitting ANAC a request to perform their activities in Brazil, in accordance with Sections 205 to 208 of the Brazilian Aeronautical Code (CBA). The request must be followed by: 

  • An Instrument of Designation to conduct  air services  in Brazil issued by the Civil Aviation Authority of the origin country;
  • A document that proves that the company is organized under the laws of its origin country;
  • The whole text of its social statute or equivalent legal instrument;
  • The  list of shareholders or other capital owners, indicating  names,  occupations and domiciles of the parties and the share numbers or the participating shares, in accordance with  laws regulating the kind of the society;
  • A copy of the General Assembly or a legal instrument presenting deliberations  about the activities and the capital allocated to the operations in Brazil;
  • A proof of payment of the Civil Aviation Inspection Tax - TFAC regarding the application for authorization to operate in Brazil - the amount in Reais is  R$ 95,94 (ninety five reais and ninety four cents), under  code 5033. Please access http://www.anac.gov.br/assuntos/setor-regulado/empresas/acesso-rapido/guia-de-recolhimento-da-uniao for payment
  • Power of Attorney of the legal representative in Brazil, expressly empowered to accept the conditions under which the authorization is given pursuant to Section 206 of the CBA, and with full power to deal with any issues and resolve them definitely, even for the purpose of being sued and receiving summons, pursuant to Section 208 of the CBA;
  • In the case of a Brazilian legal representative, copies of personal documents (identity, individual taxpayer identification number (Cadastro de Pessoas Físicas – CPF), and proof of residence) are required.
  • In the case of a non-Brazilian legal representative, the individual taxpayer identification number (Cadastro de Pessoas Físicas – CPF), proof of residence, working visa and National Registry of Foreigner (RNE – Registro Nacional de Estrangeiro) are required. 

 

All international documents must be legalized by the Brazilian Foreign Service and must be accompanied by sworn translations (art. 13, CF; Art. 157, CPC, art. 130, § 6, Law No. 6.015/73, Decision TCU Plenary No. 351/1999 - published in June 22, 1999). It should be clarified that a sworn translation is done by a translator registered in the Commercial Registry  and filed in Brazilian jurisdiction (art. 129, § 6, of Law No. 6.015/73 c / c art. 8, III of Law No. 8,934 / 91 c / c art. 157, CCP c / c art. 1 of the iN / DNRC No. 84/2000).

The authorization to operate in Brazil does not directly allow the company to begin its operations in the country. It is mandatory to comply with the technical requirements of article 212 of the CBA/IAC No. 108-1001 and IAC No. 119-1003 (operational and technical plans, which refer to  letter "a" of art. 212 of the CBA, and comprise the Aviation Safety Action Program (PSEA​​) and Operational Specifications (EO)) and present:

  • – National Register of Corporate Taxpayers (Cadastro Nacional de Pessoa Jurídica – CNPJ);
  • – Proof of tax compliance: Federal Revenue Service - Receita Federal (certificate of no overdue debt - Certidão Conjunta Negativa de Débitos Relativos aos Tributos Federais e à Dívida Ativa da União); FGTS (certificate of lawfulness -  Fund for Length of Service - Certificado de Regularidade do FGTS) and ANAC (certificate of overdue tax liability - Certidão da Dívida Ativa da ANAC).

 

For information related to the Aviation Safety Action Program (PSEA​​) please contact the Department of Airworthiness (sia@anac.gov.br) and for Operational Specifications please contact the Department of Flight Standards (spo@anac.gov.br). For any other issue, please contact the Department of Air Services (gtos@anac.gov.br).

 

The request for authorization to operate in Brazil shall be sent to the Department of Air Services - SAS at the following address:

Setor Comercial Sul – Quadra 9 – Lote C – Edifício Parque Cidade Corporate
Torre A – 5º Andar – Brasília/DF – CEP: 70.308-200 – Brasil