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Government Documents
Government Documents
UPDATED: August 20, 2008 NO. 34 AUG. 21, 2008)
Regulations of Business Licensing for Route of Foreign Air Transport Enterprises
Promulgated by the Civil Aviation Administration of China on June 11, 2008 and effective as of July 11, 2008
 
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Chapter I General Provisions

Article 1 These Regulations are enacted, in accordance with the Civil Aviation Law of the People's Republic of China, to standardize management of routes between locations at home and abroad developed by foreign air transport enterprises.

Article 2 The routes between locations at home and abroad applied by foreign air transport enterprises (hereinafter referred to as "foreign airlines") should comply with civil aviation transport agreement between both governments or prescription of related agreement, and should be firstly confirmed by diplomatic means by their homeland governments except for special prescriptions defined in air transport agreement between both parties or related agreements.

Article 3 Civil Aviation Administration of China (hereinafter referred to as "Civil Aviation Administration") holds responsible for management of business licensing for route between China and foreign countries.

Foreign airlines should apply to the Civil Aviation Administration for business licenses of route between the locations in China and foreign countries after their homeland governments officially confirm the route by diplomatic means.

Regional civil aviation administrations hold responsible for supervision of routes by foreign airlines within their jurisdiction.

Article 4 The Civil Aviation Administration can execute under the principle of mutual benefit and reciprocity while approving business license of foreign airline. If a foreign aviation administration has unreasonable restriction on business licenses applied by Chinese air transport enterprises for routes between Chinese and foreign countries, Chinese Civil Aviation Administration shall adopt measures alike.

Chapter II Application Procedure for Business Licenses

Article 5 Application for business licenses should be submitted by foreign airlines 60 days ahead of scheduled starting date.

If the application time by foreign airlines does not comply with the prescription, the Civil Aviation Administration shall refuse to handle it except for special prescriptions defined in air transport agreement of both parties or related agreement.

Article 6 Foreign airlines shall submit applications, which are issued in either Chinese or English by legal representatives of their head offices or someone with written authorization from the head offices, and the attachment to the Civil Aviation Administration.

The applications should include: scheduled route between locations in China and foreign countries, starting date, flight number and flight number with shared code, weekly flights and time, type and registration number of aircraft which is owned by the enterprise or acquired through wet lease.

Attachment to the applications of foreign airlines includes:

(1) Copy of route between locations in China and foreign countries appointed by foreign government;

(2) Copy of AOC for public air transportation issued by aviation administration of foreign government to the foreign airline;

(3) Copy of registration certificate of the enterprise;

(4) Articles of Association or certificate of the enterprise issued by legal enterprise registration institute with major enterprise operation location, nature of the enterprise (state-owned or private owned), structure of stocks, nationality of investors, name and nationality of board directors;

(5) Passenger or cargo transport conditions of the enterprise;

(6) Formal Chinese and English names, brief introduction (including date of establishment, scale of fleet, air routes network, etc.) of the enterprise, head office, contact person in china and his address, telephone, facsimile and email address, three-character code assigned by the International Civil Aviation Organization, and two-character code assigned by the International Air Transport Association;

(7) If the aircraft is acquired through wet lease, copy of the wet lease and documents required by air transport agreement of both parties or related agreement on operation with wet leased aircraft should be provided; and

(8) Other materials or documents required by the Civil Aviation Administration from the foreign airlines upon requirement of laws, regulations and agreement between both parties.

Article 7 If foreign airlines want to engage in new route businesses after running business between the locations in China and foreign countries with business licenses issued by the Civil Aviation Administration, they should apply to the Civil Aviation Administration for business licenses of new routes.

Application of new route by foreign airlines does not have to provide materials or documents prescribed in Items (2), (3), (4), (5) and (6) of Article 6 of these Regulations.

Article 8 When foreign airlines operate routes according to the business licenses issued by the Civil Aviation Administration or apply for business licenses of new routes, if the contents of Items (2), (3), (4), (5), (6) and (7) of Article 6 of these Regulations are changed, foreign airlines shall notify the Civil Aviation Administration within 30 days of such change or during submission of applications for business licenses of new routes.

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