The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Government was yesterday urged by an aviation law specialist to develop a Bahamian international aircraft registry “in parallel” to its overhaul of the local industry’s regulatory oversight regime.

Llewellyn Boyer-Cartwright, a Callenders & Co attorney and partner, told Tribune Business that the tabling of legislation to bring the Bahamas into line with international aviation standards was “a feather in our cap”.

Praising the Government’s tabling of the Civil Aviation Bill 2015 as “a great step” that will also help to facilitate the Bahamas’ ambitions to develop an aircraft registry, Mr Boyer-Cartwright suggested it could tackle both objectives simultaneously.

The Callenders & Co attorney, who has been leading a campaign for this nation to develop such a registry, called on the Government to sign the Cape Town Convention at the same time. He added that such a move would not require much effort.

“It’s absolutely vital. It’s absolutely a great step in the right direction,” Mr Boyer-Cartwright told Tribune Business of the Christie administration’s Wednesday move to table the Bill in the House of Assembly for a first reading.

“It’s important to safety and oversight, and it will certainly boost the jurisdiction in terms of meeting the ICAO standard.”

The Bill creates a new supervisory entity, the Civil Aviation Authority of the Bahamas, separating the industry’s operational oversight from its regulatory functions.

Air navigation services will be separate from regulation, and there are provisions for an independent accident investigations department; airspace regulation; air traffic services and aerodrome certification.

Such a move has long been sought by the global industry watchdog, the International Civil Aviation Organisation (ICAO).

And Mr Boyer-Cartwright said it would also increase the Bahamas’ credibility with national regulators such as the Federal Aviation Administration (FAA) and its European counterparts, as there would now be an independent supervisor - conforming to their standards - dealing with issues such as safety oversight, aircraft registration, licensing and inspections.

“It’s definitely a feather in our cap, no doubt about it,” he told Tribune Business of the Civil Aviation Bill 2015’s arrival. “Certainly, with the establishment of a Civil Aviation Authority, it’s more than a good thing. It’s very good for the country.”

Mr Boyer-Cartwright said it was also “part and parcel” of ensuring the Bahamas has the necessary foundations for establishing an international aircraft registry.

To take the next step in this endeavour, which Mr Boyer-Cartwright has spearheaded, he told Tribune Business that the Bahamas needed to sign on to the Cape Town Treaty (Aircraft Convention).

This will give the aviation industry confidence in the Bahamas, with financiers and leasing companies knowing their liens and charges over planes - and plane parts - would be recognised and secure wherever the craft was in the world.

Acknowledging that “progress has been made”, Mr Boyer-Cartwright said the push to create an international aircraft registry could take place in conjunction with the civil aviation reforms.

“I would like to see the signing and ratification of the Cape Town Convention,” he told Tribune Business. “I can say that if the Government does proceed with an international aircraft registry, there’s no reason why the signing and ratification cannot be done in parallel [with civil aviation].

“Once the papers are signed and deposited, within three months ratification can take place. It would certainly open up the industry and put us on a like platform with those such as Cayman and the Isle of Man.”

Mr Boyer-Cartwright said he recently attended an aviation conference in the Cayman Islands, where local professionals expressed excitement that they had come under the Cape Town Convention’s umbrella on November 5.

This occurred when the UK ratified the treaty, a move that also extends to its dependent territories which also include a number of the Bahamas’ international business centre rivals - the likes of Jersey, Guernsey and Bermuda, besides Cayman.

Pointing out that Cape Town signatories preferred to deal with nations that had also ratified the treaty, Mr Boyer-Cartwright said the ‘window of opportunity’ for the Bahamas to establish its niche had not closed.

An aircraft registry would be a ‘value-added’ product for the Bahamas in its bid to attract high net worth individuals and more business for its financial services industry.

Mr Boyer-Cartwright said investors and clients already domiciled here, owned assets in the Bahamas or had yachts registered in this nation, were likely to do the same with their private planes.

“Yes, there is competition in some respects, but I believe people choose different jurisdictions to suit their needs,” the Callenders & Co attorney told Tribune Business.

“I stand by the words I used from day one: It’s a win-win situation, and a lot of the feedback tells me that.”

He added: “I’m optimistic. I always like things to progress more quickly, but we would all agree the Government has a lot on its plate

“It’s a matter of prioritising, being committed and continuing forward in the right direction. I’d like it to be sooner rather than later; that’s my wish.”