GUIDELINES AND REQUIREMENTS FOR GRANT OF AIR TRANSPORT LICENCE (ATL)


GUIDELINES AND REQUIREMENTS FOR GRANT OF AIR TRANSPORT LICENCE (ATL)

1. GENERAL

(i) Application for grant of an Air Transport Licence (ATL) shall be made in writing to the Director General, Nigerian Civil Aviation Authority (NCAA).

(ii) The application shall be signed by a person duly authorized by the applicant.

(iii) The application must be submitted to the Director General, Nigerian Civil Aviation Authority (NCAA) on or before a date not less than six (6) months to the expected date of utilization of the ATL.

2. REQUIREMENTS

(i) The application letter for the grant of ATL must contain the following particulars:

(a) Name and address of applicant;

(b) Type(s) of air services to be provided;

(c) Proposed operational base of applicant;

(d) Details of proposed routes to be operated where applicable;

(e) Number and types of aircraft to be utilized; and

(f) Time and frequency of the services.

(ii) The following supporting documents are required for processing the application:

(a) Four(4) copies of certified true copy of the Certificate of Incorporation of the company

(b) Four (4) copies of certified true copy of:

(i) the Memorandum and Articles of Association;

(ii) Particulars of the Directors of the Company (Form CAC7);

(iii) Statement of Share Capital/Return of Allotment (Form CAC2) with minimum PAID-UP share capital of: - 500,000,000.00 (five hundred million Naira) for domestic operations; - 1,000,000,000.00 (one billion Naira) for regional operations; - 2,000,000,000.00 (two billion Naira) for intercontinental operations, At least one member of the board of directors must be an aviation professional in line with the provisions of the Act. In addition, the majority shareholding shall be held by Nigerian(s);

(c) Four(4) copies of the current Tax Clearance Certificates of the company and of each of the Directors (originals should also be submitted for sighting);

(d) Four(4) copies of detailed Business Plan of the company indicating among other things, the company’s Vision, Mission, market analysis and strategy, company’s ownership structure, personnel plan, fleet acquisition plan, financial plan including source(s) of finance, balance sheet, break-even analysis, pro-forma income projections (Profit & Loss Statements), cash flow analysis, proposed fares for passengers or cargo, etc and other standard Business Plan requirements showing the road map of the applicant’s strategy to provide efficient services in respect of safety, regularity, reliability and profitability of operations.

(e) Publication of Notice of the application in two (2) National Daily Newspapers. The publication should contain information on the application submitted to NCAA for the grant of ATL;

(f) Evidence of applicant’s solvency to undertake the business. Applicants are expected to prove that they are financially solvent to run operations for a period of three (3) months from the start of operations without resorting to any income from their operations.

(g) Duly completed application forms (to be obtained from NCAA).

(h) Duly completed Personal History Statement (PHS) forms and two (2) passport photographs in respect of each of the shareholders of the company having more than 5% equity shareholding;

(i) Receipt of payment of N1 million non-refundable processing fee. (Bank Draft made payable to the NIGERIAN CIVIL AVIATION AUTHORITY).

3. PUBLICATION IN THE OFFICIAL GAZETTE The Authority will in the process of carrying out the technical evaluation of the application cause the notice of application to be published in the Official Government Gazette, the fee of which shall be borne by the applicant.

4. SECURITY CLEARANCE No person shall operate an aircraft in Nigeria without security clearance issued by the Government. Applicants duly completed Personal History Statement (PHS) forms and other relevant documents will be forwarded by the Authority to the Ministry responsible for Aviation for purpose of security clearance.

5. HOME OR OPERATIONAL BASE OF THE AIRLINE The applicant will be required to liaise with the Airport Service Providers and or Federal Airports Authority of Nigeria (FAAN) regarding approval of its home or operational base.

6. VALIDITY OF LICENCE The validity of a Licence shall be five (5) years.

7. ANNUAL UTILIZATION FEE Upon receipt of ATL, an annual utilization fee of N200,000.00 shall be paid to the Authority.

8. ADDITIONAL INFORMATION

(i) On receipt of an application, the Director General may request for additional information from the applicant as deemed necessary.

(ii) The outcome of the technical evaluation of the application accompanied by an appropriate recommendation will be forwarded to the Air Transport Licensing Committee (ATLC) for consideration and approval to issue the Licence or otherwise as soon as the Security Clearance or comment is received from the Ministry.

(iii) The Director General shall refuse to grant a Licence if the applicant is not cleared by the State Security Services’ Office.

(iv) In accordance with the Civil Aviation Act 2006, every airline Operator providing air transport services for hire and reward, must have adequate Insurance for passengers/cargo and third party. The insurance must be sufficient to pay compensation of $100,000.00 USD (one hundred thousand US Dollars) per passenger in case of death or injury.

(v) The Financial Health of the airline shall be monitored continuously by NCAA.

(vi) Tariffs to be charged for the carriage of passengers and baggage shall be filed with the Authority and the public duly notified before their introduction in respect of scheduled services. For further information, the Directorate of Air Transport Regulation of NCAA should be contacted.

(vii) A Licence holder is also required to forward to the Authority:

(a) Monthly statistical returns on aircraft movements and passengers up-lift; and

(b) Details of flight schedules and changes thereof regarding frequencies and new destinations.

(viii) An applicant wishing to operate regional and international scheduled services should obtain the “Guidelines and Requirements for Designation” as approved by the Honourable Minister.

(ix) A Licence not utilised at the expiration of its five (5) year validity period shall not be renewed. Form ATL

1 Application No:……………………………………….. Date Issued…………………………………………….. Signature of Issuing Officer:…………………………APPLICATION FORM FOR GRANT OF AIR TRANSPORT LICENCE Note: Before completion of this form and other ATL processing forms, applicant should refer to the guidelines/requirements for grant of Air Transport Licence for guidance.

1. Name: (Block Letters):……………………………………………………………................

2. Trading Name if different from (1):.………………………………………………………. …………………………………………………………………………………………………

3(a) Registered Office:............................ (b) Telephone No:………………………. ............................................................ Mobile:…..…………………………… ............................................................ Fax:…..……………………………….. ............................................................ E-mail:...……………………………… ………....…………………………… Website Address:...………………….

4a. Address of Correspondence:                  (b) Telephone No:………………………. .......................................................... Mobile:…..…………………………… ............................................................ Fax:…..……………………………….. …………………………………….. E-mail:...………………………………

5. Amount paid as Processing Fee and Receipt No:………………………………………...

6. Places to be served under the Licence been applied for:

(i) Scheduled Passenger Services Domestic Routes: NO ORIGIN INTERMEDIATE POINTS(S), IF ANY DESTINATION i ii iii iv v vi vii viii ix x

(ii) Non-Scheduled Passenger and Cargo Services Domestic: International:

7. Aircraft to be Use NO TYPE NUMBER REQUIRED CAPACITY i ii iii iv v

8. Mode of acquisition of Aircraft to be used:…………………………….............................

9. Please state if the Licence sought is to be in continuation of or substitution for an Air Transport Licence already held: (a) Licence No:……………………. (b) Expiry Date:………………….

10. Do you have an Aviation professional as a member of your Board? Yes No Name:………………………………………… Position Held:……………………….. 

CERTIFICATE

I, THE UNDERSIGNED, HEREBY APPLY FOR THE GRANT OF AN AIR TRANSPORT LICENCE AS DESCRIBED IN THIS APPLICATION AND I DECLARE THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE STATEMENTS GIVEN IN THIS APPLICATION ARE TRUE. DATED THIS…………………….……..….DAY OF.………………….………….20……………. SIGNATURE…………………….……....……. POSITION…….………………………. SIGNATORY’S NAME (IN BLOCK LETTER)…………………………………………………… ON BEHALF OF.……………………………………………………………………………………. This form should be returned to: The Directorate of Air Transport Regulation Air Transport Operations Department Licensing Unit NCAA.

Form ATL 2 Application No:……………………………………….. Date Issued…………………………………………….. Signature of Issuing Officer:………………………… FINANCIAL STATUS AND ORGANISATION’S STRUCTURE Note: All questions should be answered or the word “not applicable” entered. ________________________________________________________________________________ SECTION A: NAME, ADDRESS AND INCORPORATION

1. Name: (Block Letters):……………………………………………………………................

2. Trading Name if different from (1):.………………………………………………………. …………………………………………………………………………………………………

3(a) Registered Office:............................ (b) Telephone No:………………………. ............................................................ Mobile:…..…………………………… ............................................................ Fax:…..……………………………….. ............................................................ E-mail:...……………………………… ………....…………………………… Website Address:...………………….

4a. Address of Correspondence:             (b) Telephone No:………………………. .......................................................... Mobile:…..…………………………… ............................................................ Fax:…..……………………………….. …………………………………….. E-mail:...………………………………

5. Date and Place of Incorporation of Company: …………………………………………..

SECTION B:

SHARE CAPITAL

1. The Company’s Authorised Share Capital:……………………………………………….

2. The Company’s Paid-Up Share Capital:…………………………………………………..

3. The Company’s Working Capital:…………………………………………………………

4. If any shares have been issued other than for cash, state number: …………………….

SECTION C:

SHAREHOLDERS Where there are more than 20 shareholders in any company in sections C1, 2 or 3 below, details need be given only in respect of those holding more than 5% of the total share issued. For this purpose, nominee holding should be counted with any share held directly by the beneficial holder. The remaining shareholders should be grouped as others.

1. Name in full and nationality of every shareholder giving number of each class of shares held and indicating in the case of nominee holding the name and nationality of the beneficial holder. FULL NAME OF SHAREHOLDER(S) NUMBER OF SHARES CLASS OF SHARE % OF TOTAL SHARE ISSUED NATIONALITY

2. If a Subsidiary of another Company:

i. Name, Address and Place of Incorporation of Parent Company……………....………………………………………………………………………………………… …………………………………………………………………………………………

ii. Name in full and nationality of every shareholder of parent company giving number and class of share held, including the case of nominee holdings, the name and nationality of the beneficial holder…………….................................... ………………………………………………………………………………………… …………………………………………………………………………………………

3. Name of ultimate holding company if different from that shown in C2 with other details as in C2 (i) and C2 (ii) ……………........................................................................... …………………………………………………………………………………………………

SECTION D:

SUBSIDIARY AND ASSOCIATED COMPANIES

1. Name and place of incorporation of any subsidiary companies indicating proportion of shares held:………………………………………………………………….. ………………………………………………………………………………………………....

2. Name and place of incorporation of any associated companies indicating proportion of shares held or nature of association:.…………………………………….. ………………………………………………………………………………………………....

SECTION E:

CONTROL OF BUSINESS

1. Give details of any person or corporate body, which has any significant financial interest in the business (by way of shares, debentures, loans or otherwise) or can control the activities of the Company/Licence holder in any way and is not such a person or body described in Section C of this form:…………………………………….. ……………………………………………………………………………………………….... ………………………………………………………………………………………………....

SECTION F:

DIRECTORS, MANAGEMENT AND STAFF

1. Name in full, position in company and nationality of each member of the Board of Directors: FULL NAME PROFESSIONAL BACKGROUND POSITION HELD NATIONALITY

2. Experience of Directors and Senior Management: In the case of new applicants, directors and senior management’s personnel’s aviation experience should be stated. In the case of Licence holders, this section needs to be completed only in respect of the board members or senior management personnel appointed since the last form was submitted.

3. Please list below details of the airlines’ Senior Management other than Directors: FULL NAME POSITION IN COMPANY NATIONALITY PROFESSIONAL BACKGROUND

4. Please give details of financial arrangements on ground or proof that the company can meet fixed and operational costs incurred from operations for a period of three(3) months from the start of operations without taking into account any income from the airline’s operations: Financial resources available:……………………………………………………………… ………………………………………………………………………………………………… …………………………………………………………………………………………………

Details of Loan facilities:…………………………………………………………………… ………………………………………………………………………………………………… …………………………………………………………………………………………………

5. (For existing airline) Number of staff employed (giving maximum and minimum numbers as may fluctuate seasonally or otherwise):

i. Aircrew including flight engineers:………………………………………………..

ii. Cabin Staff:…………………………………………………………………………...

iii. Ground Engineering Staff:………………………………………………………….

iv. Finance:……………………………………………………………………………….

v. Marketing:……………………………………………………………………………

vi. Administration:……………………………………………………………………...

vii. Others:………………………………………………………………………………...

viii. Total:…………………………………………………………………………………. 

6. Any other information affecting control of the airline can be written on a separate sheet of paper. CERTIFICATE

I, THE UNDERSIGNED, DECLARE THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMATION PROVIDED BY ME ARE TRUE AND COMPLETE.

DATED THIS…………………….………. DAY OF:……………………….20…………… SIGNATURE…………………….………. POSITION…….………………………. SIGNATORY’S NAME:...…………………………………………………………………... ON BEHALF OF.…………………………………………………………………………….

N.B. (i) Please note that this Form should preferably be signed by an Accountable Officer i.e. that exercises both financial and operational control in the applicant-company.

(ii) Before completion of this form and other ATL forms applicant should refer to the guidelines/requirements for grant/renewal of Air Transport Licence for guidance. This form should be returned to: The Directorate of Air Transport Regulation Air Transport Operations Department Licensing Unit NCAA.

Form ATL 3 Application No:……………………………………….. Date Issued…………………………………………….. Signature of Issuing Officer:………………………… DETAILS OF AVIATION THIRD PARTY, PASSENGERS AND CARGO LEGAL LIABILITY INSURANCE PROPOSED OR MAINTAINED BY APPLICANT ________________________________________________________________________________________________ APPLICANT (including any Trading Name)

1. Policy Details (for Operating Airlines): LIABILITY POLICY REFERENCE AND PERIOD OF VALIDITY LIMIT OF INSURERS LIABILITY

A. Aircraft (Hull)

B. Aviation Passenger

C. Aviation Third Party

D. Aviation Cargo

E. Excess Liability

F. Combined Single Limit Liability Please state risks covered/to be covered, for example (a) and (c), (b) and (d), (b) and (c), etc.

Note: i. Applicant should ensure that the extent of insurance cover undertaken shall not be less than that prescribed in the NCAA applicable regulation and the provisions of the Civil Aviation Act of 2006.

ii. Please show the applicable limits, for example any one accident, in the aggregate, any one aircraft etc, if risks are covered by a combined single limit. Please indicate the risks covered. ________________________________________________________________________________ Please attach relevant documents and list of all Insurers/ Brokers and Underwriters participating/to participate in each policy.

2. POLICY RESTRICTIONS (IN RESPECT OF EACH POLICY) Please specify any restrictions shown in policies as to:

(a) Pilots

(b) Usage of Aircraft

(c) Geographical Limits

(d) Maximum Number of Seats

3. POLICY CANCELLATION/MATERIAL CHANGE (IN RESPECT OF EACH POLICY)

(a) What period of notice is required for cancellation of material change to the policies?

(i) in respect of war and allied perils, if covered

(ii) for any other reason?

(b) Are there circumstances in, which the policies can automatically lapse:

(i) in respect of war and allied perils, if covered other than five great power war, nuclear detonation or confiscation of the aircraft?

(ii) for any other reason? ________________________________________________________________________________ DECLARATION BY INSURERS/PROPOSED INSURERS

We certify that to the best of our belief as insurers/proposed insurers of the applicant, the above particulars, in so far as they relate to the insurance policy held/to be held, are correct. We further certify that each policy detailed above is in the form known as Lloyd’s Aviation No. 1 or in the form agreed by the members of the aviation insurance offices association or that the policies are no less favorable to the insured than one or other of the aforesaid forms and do not exclude liabilities which would not be excluded by one or other of the aforesaid forms.

Signed…………………………Name of Signatory…….…………………………………………. On behalf of.…………………………………………………………...Date:……………………… Address:……………………………………………………………………………………………… Telephone No:…………………………………………… 

DECLARATION

I, CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ABOVE PARTICULARS ARE CORRECT, AND CONFIRM THAT ALL AIRCRAFT EMPLOYED ARE COVERED BY THE ABOVE-MENTIONED POLICIES UNLESS STATED HEREIN TO THE CONTRARY. SIGNED……………………………………... NAME AND POSITION OF SIGNATORY…….………………………….................................... ON BEHALF OF:……………………………………………… …..DATE:……………………….. FOR NEW APPLICANT COMPANY Undertaking on Insurance I hereby I agree to put adequate insurance cover in place for Aircraft (hull), passengers, cargo, third party etc in accordance with the relevant NCAA’s regulation and Civil Aviation Act 2006. SIGNED……………………………………... NAME AND POSITION OF SIGNATORY…….………………………….................................... ON BEHALF OF:……………………………………………… …..DATE:………………………..

Note: Before completion of this form and other ATL forms applicant should refer to the guidelines/requirements for grant/renewal of Air Transport Licence for guidance. This form should be returned to: The Directorate of Air Transport Regulation Air Transport Operations Department Licensing Unit NCAA. 

Form ATL 4 Application No:……………………………………….. Date Issued…………………………………………….. Signature of Issuing Officer:………………………… APPLICANT’S UNDERTAKING Note: This Form should be signed by an Accountable Officer i.e. that exercises both financial and operational control in the applicant-company. CONDITIONS OF AIR TRANSPORT LICENCE (ATL)

I ………………………………………………… on behalf of …………………………………… hereby agree to comply with the under listed conditions if my application for an Air Transport Licence is granted:

(a) Obtain an Air Operator’s Certificate (AOC) issued by the Nigerian Civil Aviation Authority (NCAA) as a condition precedent to commencement of operations.

(b) Operate the aircraft specified in the Air Operator’s Certificate (AOC) in accordance with the laws, regulations and rules in force in Nigeria as well as the Standards and Recommended Practices (SARPs) of ICAO.

(c) Perform all services stipulated in the AOC in accordance with the provisions of the Civil Aviation Act 2006, and the Nigerian Civil Aviation Regulations (NCARs).

(d) Ensure all international flights that are operated leave and enter Nigeria through Customs Airports. (e) Seek prior permission in writing from the NCAA for any charter flights that can not satisfy sub-paragraph (d) above.

(f) Seek prior permission of the appropriate aeronautical authorities of the foreign countries concerned before any flight outside Nigeria is undertaken.

(g) Put in place adequate insurance cover for passengers/cargo and third party in line with the Civil Aviation Act 2006. The insurance must be sufficient to pay compensation of $100,000.00 USD (one hundred thousand US Dollars), per passenger in case of death or injury.

(h) Ensure payment of staff salaries as and when due.

(i) Ensure payment of aviation charges including 5% Ticket, Cargo, Charter, Contracts Sales Charges as and when due.

(j) Ensure the submission of monthly statistical returns, of all flights undertaken during the preceding month, to the Federal Ministry of Aviation or NCAA not later than 15th day of the following month and shall include the following particulars:

(i) Date of flight;

(ii) Registration number of aircraft;

(iii) Points between which the flights were conducted;

(iv) Total flying time involved;

(v) Names and business of chatterer in the case of charter flights;

(vi) Number of passengers;

(vii) Amount of freight carried;

(viii)Total kilogram-kilometers; and

(ix) Total passenger-kilometers. Failure to comply with any of the conditions above (a to j) shall result in the, suspension, withdrawal or revocation of the Air Transport Licence.

DATED THIS…………………….……..…. DAY OF.………………….………….20……………. SIGNATURE…………………….……....……. POSITION…….………………………. SIGNATORY’S NAME (IN BLOCK LETTER)…………………………………………………… ON BEHALF OF.……………………………………………………………………………………. (Include company’s official stamp) 

PUBLIC NOTICE This is to inform the general public that Messrs ………………… has applied to the Nigerian Civil Aviation Authority (NCAA) for grant of Air Transport Licence (ATL) to operate scheduled and non-scheduled passenger and cargo services within and outside Nigeria. Any person or organization that has objection or representation as regards to this application should do so within 28 days from the date of this application. Such objection or representation should be forwarded to:

The Director General, Nigerian Civil Aviation Authority (NCAA), Aviation House, P.M.B. 21029 Ikeja, Ikeja, Lagos.

Signed: Management