ARMENIA Law and Practice Contributed by: Narine Beglaryan, Arianna Adamyan and Anahit Aloyan, Concern Dialog
2.3.8 Requirements for Documents Concerning Registration For the initial registration of an aircraft in Armenia, the Civil Aviation Committee requires the submission of an application along with supporting documents, some of which must be submitted in original form. Specifi - cally, the following documents must be provided as originals: • document evidencing legal ownership of the air - craft; • certificate of airworthiness and technical condition inspection; • original lease agreement, if the owner is not also the operator; and • original maintenance agreement, if maintenance is not performed (or only partially performed) by the operator. In addition, a copy of the aircraft type certificate, the deregistration certificate from the previous state of registration (if applicable), and the operational and technical manuals of the aircraft must be submitted; however, submission in original form is not required. Original documents submitted to the Committee are returned to the owner after being copied for filing pur - poses. Armenian law does not specifically require that docu - ments be notarised or legalised if they are executed in Armenia. However, foreign documents issued by state authorities may require legalisation or an apos - tille to be accepted. Translations into Armenian may also be required, but only for filing and record-keeping purposes, not as a condition for the validity of the documents. 2.4 Lessor’s Liabilities 2.4.1 Tax Requirements for a Foreign Lessor While the mere act of leasing an aircraft or engine to a domestic lessee does not automatically trig - ger taxation in Armenia, if the foreign lessor derives income as a result of enforcing or performing the lease agreement and that income is considered Armenian- sourced, it may be subject to Armenian profit tax or income tax, as well as value-added tax (VAT).
consents are required as a prerequisite to the execu - tion and delivery of such lease agreements. However, where an aircraft is registered in a foreign jurisdiction but operated by an Armenian operator under a rent or other contractual arrangement, the Armenian operator is required to notify the Commit - tee and submit the relevant documentation, including the rent agreement. The Committee keeps a separate list of foreign-registered aircraft operated by Arme - nian entities. In these cases, the Committee may establish contractual agreements with the civil avia - tion authority of the aircraft’s country of registration to delegate oversight functions related to the aircraft. These agreements must be registered with the ICAO Council in accordance with the Chicago Convention. 2.3.5 Requirements for a Lease to Be Valid and Registrable The only mandatory requirement for a lease agreement under Armenian law is that it must be concluded in writing. However, to be valid and registrable (if the title of the owner or operator arises from the lease agree - ment as explained in 2.3.3 Aircraft/Engine-Specific Registers ), the lease does not need to be in a spe - cific form or translated, served, certified, notarised, or legalised to be valid and registrable in the Armenian aircraft register. 2.3.6 Taxes/Duties Payable for Registering a Lease As explained in 2.3.4 Registration of Leases With the Domestic Aircraft Registry leases themselves are not subject to registration, however, if the execution of the lease results in a change of the recorded owner or operator and consequently requires the issuance of a new aircraft registration certificate, a state duty of AMD50,000 is payable for the issuance of the new certificate. 2.3.7 Registration of Aircraft in Alternative Countries Seemingly, the two most popular alternative countries, in which aircraft habitually based in Armenia may typi - cally be registered, are the Russian Federation and Hungary.
21
CHAMBERS.COM
Powered by FlippingBook