GEN 1.2 ENTRY, TRANSIT AND DEPARTURE OF AIRCRAFT


1 GENERAL

1.1. All flights destined for, from or over Brasilian territory and landings in such territory shall be carried out in accordance with Brasilian regulations in force regarding civil aviation.
1.2. Every aircraft proceeding from abroad, destined to Brazil or in transit, shall perform its first landing on and its last take off from an international airport.
1.3. Any foreign civil aircraft may be compelled by the aeronautical authority to leave the country provided that it is not subject to interdiction or seizure, under the law, according to the nature of the violation commited. The aircraft shall only be permitted to leave the country after complying with the formalities of the competent units.

2 SCHEDULED FLIGHTS

2.1 General

2.1.1. For international scheduled flights operated by foreign airlines into or in transit across Brazil, the following requirements must be met:


a) The airline must be eligible to operate flights under the provisions of bilateral agreement to which the State of the airline and Brazil are contracting parties, and must have a permit to operate into or in transit across Brazil. Applications for such permits shall be submitted to the National Civil Aviation Agency (ANAC)

2.2 Documentary requirements for clearance of aircraft

2.2.1. It is necessary that the aircraft documents mentioned hereafter be submitted by airline operators for clearance on entry and departure of their aircraft to and from Brazil. The documents listed below must conform to the ICAO standard format as set forth in the relevant appendix to Annex 9 and are acceptable when furnished in English, French or Spanish and completed in legible handwriting. Such documents require no visa.

2.3 Aircraft documents required (arrival/departure)

2.3.1. The General Declaration and the Passenger Manifest are not required for clearance of an aircraft engaged in international flight.The carrier must furnish the Federal Police Department and the National Division of Public Health of Ports, Airports and Frontiers, at the stopover and destination airports, with a written notification including the name of the operating airline, flight number or aircraft registration marks, besides the following data: Arrival: route and number of crew and passengers disembarking and in transit; Departure: route and number of crew and passengers embarking and in transit.

3 NON-SCHEDULED FLIGHTS

3.1 Procedures

3.1.1. Civil aircraft registered in any Contracting State of the International Civil Aviation Organization (ICAO), when engaged in service of non-scheduled commercial international air transportation of passengers or cargo, partially or totally destined to Brazil, shall only be permitted to enter the Brazilian national territory or overfly it with previous authorization from the ANAC.
3.1.2. The application for such authorization shall be made directly to ANAC, by the aircraft owner, operator or their legally authorized representatives, at least 48 (forty-eight) hours prior to the estimated date of the aircraft arrival at the first international airport in Brazil. Should the interested person prefer the diplomatic via or in case the aircraft is registered in a State which is not a Contracting State of the
International Civil Aviation Organization (ICAO), the time limit shall be of 30 (thirty) days, at least. The request for authorization shall be made via e-mail or registration on the ANAC site (www.anac.gov.br) and must include the following information:
 

a) type of aircraft and configuration to be employed;

b) aircraft nationality and registration marks;

c) number of scheduled flights and respective dates;

d) origin and destination of each flight, estimated schedules, intermediate stops, route to be followed,
airports involved as well as the international airport of entry and, consequent departure from Brazil;

e) estimated number of persons taking part in each flight and period of stay in Brazil and at each location;

f) travel agencies and operators involved , hotels, touristic services and agencies responsible for ground programs in the country;

g) a certificate of responsibility on which the requesting airline guarantees the return of the passengers to their point of origin by another air carrier if it cannot carry out the transportation accordingly; and;

h) number of the insurance policy guaranteeing damages that may occur to third parties on the ground, its validity time limit and the name of the company issuing it.
3.1.3. The ANAC may refuse the authorization or establish other conditions, including shorter time limits, another airport of entry, or other routes and stops, when it is deemed a matter of public interest.

3.2 Documentary requirements for clearence of aircraft

4 PRIVATE AND NONCOMMERCIAL FLIGHTS

4.1 Procedures

4.1.1. A civil aircraft registered in any Contracting State of the International Civil Aviation Organization (ICAO) may enter Brazil and overfly its territory, when not engaged in commercial transportation of passengers and/or cargo or, when in transit (that is, provided that no passenger or cargo is embarked in or disembarked from Brazilian territory) with a previous registration on the ANAC site (www.anac.gov.br).
4.1.2. The registration mentioned above shall include the following information:

a) name of aircraft owner or operator;

b) data of pilot-in-command;

c) data of aircraft;

d) data of insurance policy;

e) the international airport intended for landing; and

f) estimated date and time of flight.

Should there be any problems in the registration process, prior to the flight plan submission of flights to the Brazilian territory, information contained in the flight plan and adressed as prescribed by the Department of Airspace Control (DECEA) standards - can be accepted as a previous notification of aircraft arrival.
4.1.3. The aircraft must have a third party insurance to cover the costs of possible damages on the ground.
4.1.4. Aircraft engaged in noncommercial air transport shall be so considered provided that they are executing:

a) a flight for the aid, search and rescue of aircraft, ships or persons on board;

b) a touring or business trip, when the owner is a natural person and is on board;

c) a trip to carry the director or representative of a society or firm and the aircraft belongs to such society or firm;

d) specialized air services for the exclusive benefit of the aircraft owners or operators; and

e) other flights which can be proved to be noncommercial.
4.1.5. Every foreign aircraft operator or pilot-in-command who, after the first landing at international airports within the Brazilian territory, intend to go to another airport within the Brazilian territory must obtain a permit from the ANAC.
The permit request for the Brazilian territory in order to obtain the necessary flight authorization from the ANAC (AVANAC) must be done via electronic form available on the ANAC site on the internet, 24 (twenty-four) hours in advance from the estimated time for landing.
The initial time limit for the stay of aircraft in the Brazilian territory shall be of 60 (sixty) days, and it may be extended for equal periods of 45 (forty five) days, by means of an application adressed to the civil aviation and customs authorities not less than 15 (fifteen) days ahead of time.
According to what is prescribed in the specific legislation, any of the authorities above mentioned may reconsider, the license granted and shall inform the other of such measure through a well-founded document so that he may proceed likewise.

4.2 Documentary requirements for clearance of aircraft

4.2.1. As the aircraft lands at the first international airport in the country, the pilot in command shall be formally
reponsible, as the owner or operator agent, for the prescribed indemnities for the use of the airport facilities and support to air navigation, approach and landing, and shall be in possession of the following documentation:

a) aircraft registration certificate;

b) aircraft airworthiness certificate;

c) individual license of crew members and their respective certificate and nationality documents; and

d) insurance certificate against third party damages on the ground.
4.2.2. The entry of a foreign aircraft in to the Brazilian national territory shall be subject to the compliance with the customs formalities besides AVANAC
4.2.3. The formalities of entry shall be carried out in view of the documentation concerning the aircraft, its cargo, mailbag and other goods existing on board and shall be concluded with the drawing up of the Entry Certificate issued by the Brazilian Internal Revenue Service
4.2.4. Except for aircraft from regular airlines and military aircraft, every operator or pilot-in-command of an aircraft, when intending to fly to an aerodrome outside the brazilian territory, shall obtain the General Declaration (GEDEC) from federal authorities (Federal Customs Authority, Federal Police and National Division of Sanitary Surveillance of Ports, Airports and Borders). This information, "RMK/GEDEC CFM", shall be inserted in item 18 of the Flight Plan at the time of filling.

5 PUBLIC HEALTH MEASURES APPLIED TO AIRCRAFT

5.1. No public health measures are required to be carried out in respect of aircraft entering Brazil, with the following exceptions:
5.2. Aircraft arriving from infected areas may land at any Brazilian international airport, provided that the aircraft be disinfected, as it arrives by the local health authority. The aircraft must maintain the doors and windows closed and the ventilation systems turned off, until the aircraft is completely disinfected.