Introduction

For the first time, The Bahamas has embarked on an ambitious project to develop a national aviation policy to better coordinate and facilitate civil aviation activities to, from and within the country.

In addition, The Bahamas is committed to ratifying the Cape Town Convention on International Interests in Mobile Equipment and its protocol relating to aircraft equipment.

National aviation policy

Minister of Tourism and Aviation Dionisio D'Aguillar provided his ministry's full support of this initiative. Further, a working group was recently established to effect the development of the national aviation policy. The Bahamas, like other island nations, is dependent on aviation both economically (ie, tourism, trade and employment) and socially (ie, the movement of Bahamians between the islands whether for work or pleasure). The government understands that the development of a national aviation policy is crucial to the future of aviation in The Bahamas in order to meet ongoing global challenges and demands, together with the expansion of aviation activities.

A national policy will bring together and better streamline numerous key agencies comprising the civil aviation sector, including:

  • the Nassau Airport Authority;
  • the Nassau Airport Development Company;
  • the Airport Safety and Security;
  • The Bahamas Air Navigation Services;
  • the Accident and Investigation Board;
  • The Bahamas Civil Aviation Authority (BCAA); and
  • The Bahamas Air Transport Advisory Board.

Cape Town Convention

The Bahamas is committed to enhancing its existing aircraft registry and has taken steps in this regard. For example, the Civil Aviation Act 2016 now provides a mortgage register and Article 83bis agreements. Therefore, the accession to the Cape Town Convention is an obvious next step to facilitate this and allow The Bahamas to compete with other jurisdictions offering services such as:

  • aircraft registration;
  • financing; and
  • leasing.

This development will allow for increased government revenue and job opportunities. It is well known that the Cape Town Convention provides numerous advantages in cross-border transactions – in particular, the self-help remedies regarding insolvency and de-registration and export of aircraft.

Comment

The development of a national aviation policy will promote the continued growth of aviation in The Bahamas and better facilitate the BCAA's development of further regulations and policies. The working group is committed to having a draft of the policy framework in place by Spring 2019.

The ratification of the Cape Town Convention will better position The Bahamas as a key player in the global industry in terms of the financing and leasing of aircraft and will allow the country to compete in the aviation industry on a global level.

The global upturn in the aviation industry has positioned The Bahamas to take advantage of its development of a national aviation policy and its accession to the Cape Town Convention.

For further information on this topic please contact Llewellyn V Boyer-Cartwright at Callenders & Co by telephone (+1 242 322 2511) or email ([email protected]). The Callenders & Co website can be accessed at www.callenders-law.com.

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