Aviation Law in Peru
Aviation law in Peru has progressively developed throughout the years. As Peru became a travel hub for tourism and trade, the laws governing air travel had to develop in order to meet the requirements of first world countries. MONTEBLANCO & ASSOCIATES became aware of this at the turn of the millennia and took the necessary steps towards becoming knowledgeable of applicable domestic as well as international laws in this field. As such, our services now include but are not limited to technical aeronautical legislation and procedural regulations to obtain commercial air rights before the Civil Aviation Authority in Peru and abroad, advice on aircraft leasing, sale, and purchase, financing, consultation of regulatory matters of the sector, damages stemming from aircraft accidents, insurance, and reinsurance claims, among others.
Additionally, our practice includes advice on the procuring of operation and flight permits for airlines; acquisition of governmental authorizations for rendering transport services and/or freights; negotiation and entering into leasing contracts, aircrafts charter, assistance in legal and administrative claims stemming from transport services and freights, aeronautics-specific tax counseling. We can assist clients in commercial transport services as well as freight operations, concession of regional airports, construction and concession of airfields and heliports required by companies engaged in gas and oil exploration and mining operations located in remote areas of Peru, contract negotiation for the outsourcing on air services, and more.
We assertively adhere to the legal principles of the Civil Aeronautics Law and its Regulation as well as Decision 619 of the Andean Community Commission that exerts specific rules for consumer protection in air transport. Similarly, we are also well versed in Aeronautics Tax Law, a complex sub-specialty of Peruvian tax law per se.
The Laws of Aviation Applicable in Peru:
The main legislation and regulatory bodies that apply and regulate aviation in Peru are the following:
- Law of Civil Aeronautics (Law N° 27261)
- Law of Civil Aeronautics (Supreme Decree N° 050-2001-MTC)
- Law of Civil Aviation Safety (Law N° 28404)
- Law Civil Aviation Regulations (Supreme Decree N° 007-2006-MTC).
- Law of Air Transport Services Promotion (Law N° 28525)
- Promotion of Air Transport Services Law Regulations.
International Treaties (of which Peru is a signatory)
- Convention for International Civil Aviation (Chicago 1944)
- Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw 1929)
- Hague Protocol (1955)
- Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other Then the Contracting Carrier (Guadalajara 1961)
- Montreal Convention on Air Carrier Liability (Montreal 1999)
Should you have any questions or concerns regarding Aviation Law in Peru, please contact us for further information.