Aviation Law in Nepal

Aviation Law in Nepal

Aviation law in Nepal is a specialized field that operates at the intersection of the Civil Aviation Act, 1959, and the Nepal Civil Aviation Authority Act, 1996. As a member of the International Civil Aviation Organization (ICAO), Nepal's regulatory framework is continuously evolving to align with the Chicago Convention and the Montreal Convention of 1999.

Lawin and Partners, leading law firm provides comprehensive legal support to a broad area of stakeholders, including domestic and international airlines, aircraft lessors, airport operators, and insurance companies.

Services Provided by Lawin and Partners

Regulatory Compliance and Licensing

Regulatory Compliance and Licensing

Lawin and Partners have assisted our international and domestic airlines in obtaining and renewing of ministry approvals, air operator certificate or license, assisting in process of air service operation permits, drone laws and regulation.  

 

Aircraft Leasing and Financing

Aircraft Leasing and Financing

Lawin and Partners assist in drafting lease agreements, aircraft, crew, maintenance and insurance agreements. Registration process of aircraft in Nepal, conducts due diligence, manage in deregistration and legal existence of aircraft.   

 

Liability and Claims Management

Liability and Claims Management

Lawin and Partners (Law Office) handles complex litigation and insurance of crew members accidents, we advise and investigate the accident, claim injuries of person focusing international conventions and standards, flight delay and cancelation liabilities with protocols of aircraft. 

 

Why Choose Lawin and Partners a Leading Law Firm in Nepal for Aviation Law ?

Lawin and Partners have expert with decade of experiences and strategic advocacy and do legal regulatory compliance, also we navigate aviation related challenges negotiating through alternative resolution medium a to meet global standards and provide service globally.

 

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Frequently Asked Question

The Civil Aviation Authority of Nepal (CAAN), operating under the Ministry of Culture, Tourism, and Civil Aviation, is the primary regulatory body. It is responsible for safety oversight, airworthiness, aircraft registration, and the issuance of Air Operator Certificates (AOC).

 

To register a domestic commercial airline, you must have a minimum paid-up capital of NPR 500 million (approximately USD 4.2 million) and provide a security deposit of NPR 20 million.

 

Yes, foreign airlines can operate in Nepal by obtaining necessary flight permissions from CAAN and entering into an Air Service Agreement between Nepal and their home country.

 

An AOC is typically valid for two years and must be renewed at least 30 days before its expiry through a formal application to the Director General of CAAN.

 

Yes, Nepal acceded to the Montreal Convention so for international flights, this sets a liability limit of roughly $167,000 per passenger for damages, regardless of fault.

 

Yes, CAAN enforces specific age limits and technical standards for the import of pressurized and non-pressurized aircraft for commercial use to ensure safety and airworthiness.

 

Unauthorized entry or violation of aerial territory is a serious offense. Under the Civil Aviation Act, such acts can lead to imprisonment for one to three years. More severe crimes, such as hijacking or endangering flight safety, can result in life imprisonment

 

Yes. Under the Foreign Investment and Technology Transfer Act (FITTA) and aviation regulations, foreign investors can hold a maximum of 49% equity in a Nepali airline, with the majority 51% stake reserved for Nepali nationals.

 

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