Why NOT Morocco, and not Gibraltar, Malta, Man Island, Guernsey but the USA?
All these components together are a warning for you and make you understand why Morocco is NOT a good location to create operating companies.
The USA is the only legal place to have an aircraft operating company for USA (N) registered airplanes and FAA flying operations.
AFTCA Arizona was created in order to serve its customers in Europe; special branch AFTCA offices in Antwerp & Liege (Belgium), Cuers & Bourg en Bresse (France), Canillo (Andorra) with plans to open branch offices in Frankfurt (Germany), Barcelona (Spain) and Geneva (Switzerland). This solution improves direct customer service drastically.
Operating Companies based in Gibraltar, Guernsey, Isle of Man, Malta, Bahamas or other tax shelters with only mailboxes, are unusable as the FAA has no jurisdiction or influence on the flight regulations and operations are not taking place in the USA.
It’s the USA who registered the aircraft and issued the flight certificates. This last point is particularly important in order to deal with EASA & FAA aviation authorities as aircraft operator.
There are some new discussions, but nothing to solve the European treat for FAA pilots and operators. It is absolutely sure that Europe never will accept to convert FAA certificates into EASA licenses without expensive training and tests, because in that case they will admit that FAA flight training is not worse than EASA training.
I think that, If Europe has notion that this legal construction solely is aimed at circumventing a law regulating, then the legal construction will be considered abusive and void.
In case with operating companies in Morocco, San Marino Gibraltar, Guernsey, Isle of Man, Malta, Bahamas, could this not be considered as abuse?
Yes you are right: if legal constructions solely were aimed to avoiding the EU law, it would be considered abusive. This is Not only with this EU law, but with laws in all the EU countries as well.
That's why we did clearly ask the authorities:
If a foreign company operates private flights, can you confirm that the new regulation won't apply?
The answer is the same as that of others:
Abuse could be considered, and EU governments can be suspicious, if the registration of the aircraft is NOT done in Morocco, San Marino Gibraltar, Guernsey, Isle of Man, Malta, and Bahamas etc. but in the USA.
When you are flying a FAA (N. registered in the USA) aircraft it makes sense that it is operated in the USA and not in a tax or license shelter as Morocco, San Marino Gibraltar, Guernsey, Isle of Man, Malta, Bahamas.
THAT ALONE IS ALREADY AN IMPORTANT REASON TO HAVE YOUR FLIGHT OPERATIONS DONE BY AN OPERATING COMPANY IN THE USA.
What if the authorities of Morocco, San Marino Gibraltar, Guernsey, Isle of Man, Malta, accept the European law to adapt itself to Europe?
Probably you are NOT allowed to operate your USA registered aircraft there too.
THIS IS AN OTHER IMPORTANT REASON TO HAVE YOUR FLIGHT OPERATATIONS DONE BY AN OPERATING COMPANY IN THE USA.
The the client gives absolute full power to the appointed Associate Director for all the management and financial formalities of his company.
According to 14 CFR 161.5 [Title 14 Aeronautics and Space; Chapter I Federal Aviation Administration, Department of Transportation; Subchapter I Airports; Part 161 Notice and Approval of Airport Noise and Access Restrictions; Subpart A General Provisions],
Aircraft Operator, for purposes of this part, means “any owner of an aircraft that operates the aircraft, i.e., uses, causes to use, or authorizes the use of the aircraft; or in the case of a leased aircraft, any lessee that operates the aircraft pursuant to a lease. As used in this part, aircraft operator also means any representative of the aircraft owner, or in the case of a leased aircraft, any representative of the lessee empowered to enter into agreements with the airport operator regarding use of the airport by an aircraft.”
America and the European Union have officially concluded a long-awaited bilateral aviation safety agreement (BASA) designed to make government oversight of aviation more efficient and to pave the way for future regulatory cooperation. The BASA, signed on March 15th, allows reciprocal acceptance FAA and EASA certification and oversight of civil aviation products and repair stations. The US and the EU specifically agree to recognise each other’s ‘findings of compliance and approvals.’ This means, for example, that the FAA can determine a US repair station is eligible for an EASA approval to work on European registered products without a separate inspection by European regulators.
The EASA agency - The European Aviation Safety Agency is the centerpiece of the European Union’s aviation safety system comprised of the Agency, the European Commission and the National Aviation Authorities (NAAs). The Agency develops common safety and environmental rules. It monitors the implementation of standards through inspections in the Member States and provides the necessary technical expertise and training to the system. The Agency works hand in hand with NAAs, which have their own role to play in the EU system.
incorporated - organized and maintained as a legal corporation;
“a business” set up in corporate form.
November registered - FAA (USA) Registered aircraft. N is first charter of FAA registration number. Sometimes called tail number.
Owners of operational aircraft need to register the aircraft in the register of the FAA. Registration is valid for 3 years.