BRAZIL Law and Practice Contributed by: Renata Iezzi, Nicole René Gomes e Cunha and Marcela Correa, Basch & Rameh
2.8.10 Revocation of a Deregistration Power of Attorney The Brazilian Civil Code allows irrevocability clauses in powers of attorney, but there is some controversy regarding their effectiveness. 2.8.11 Owner’s/Lessor’s Consent The process of physically exporting an aircraft, con - trolled by the SRF, is entirely distinct from the dereg - istration process. No SRF regulations have ever been issued in respect of the export of aircraft by parties other than Brazilian operators. In principle, any party (mortgagee, owner or lessor) in possession of an aircraft by a court order or amicable redelivery may fly the aircraft out of Brazil – in the case of a court order, provided the international movement of the aircraft is not restricted. Whether the consent of another party is needed depends on the terms of the court order or, in the case of amicable redelivery, the terms of the relevant documents. The best measures a mortgagee, owner or lessor can take when negotiating a lease or mortgage are to require and register an IDERA with the RAB and clearly stipulate in the lease or security agreements rights to repossess and remove the aircraft from Brazil. See also 2.8.12 Aircraft Export Permits/Licences . 2.8.12 Aircraft Export Permits/Licences Temporary Admission An aircraft operating under an operating lease (which is most aircraft in Brazil) is imported under a set of customs rules called “temporary admission”. Aircraft operating on finance leases and aircraft purchased by Brazilian parties are imported under definitive import rules. Regardless of whether an aircraft is operating under the temporary admission or definitive import rules, the only party that may deal with the SRF in rela - tion to export matters is almost always the importer (ie, the Brazilian operator). When an aircraft is exported, the import process should be closed through an export registration called a unified export declaration (DU-E). However, there are doubts about the ability of parties other than the original importer to obtain DU-Es.
need evidence of being appointed to act for the authorised party. 2.8.4 Duration of Deregistration Process If deregistration is requested by an operator, approxi - mately two weeks are necessary to conclude dereg - istration. Using IDERAs, aircraft are typically dereg - istered within five business days. In accordance with the Cape Town Convention, the RAB will request evi - dence of the consent of any superior lien holders to confirm the deregistration process. If a lessor, owner or mortgagee is required to file a lawsuit, the period is less certain. 2.8.5 Aviation Authority’s Assurances ANAC does not provide specific assurances as to the prompt deregistration of the aircraft. Deregistration pursuant to IDERAs is expressly covered in published ANAC regulations. 2.8.6 Costs, Fees and Taxes Relating to Deregistration There are no fees applicable for the deregistration of an aircraft. 2.8.7 Deregistration Power of Attorney Since 2014, when the effectiveness of IDERAs was established, deregistration powers of attorney (DPOAs) have become less common in Brazil. They are valid in principle, but the five days stipulated for IDERAs might not apply. See also 2.3.8 Requirements for Documents Con- cerning Registration . 2.8.8 Documents Required to Enforce Deregistration Power of Attorney Enforcement of DPOAs has rarely been tested in Bra - zil, and there is no specific rule for supporting docu - ments. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney See 2.8.1 Deregistering Aircraft in This Jurisdiction regarding IDERAs. It is advisable to stipulate that a DPOA be governed by Brazilian law.
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