Act No. 192/An/17/7Th Regulating The Importation, Marketing, And Use Of Aircraft Circulating Without A Person On Board.

Original Language Title: Loi N° 192/AN/17/7ème L portant réglementation de l'importation, de la commercialisation, et de l'utilisation des aéronefs circulant sans personne à bord.

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Law No. 192/AN/17/7th The regulation of the importation, commercialization, and use of non-personal aircraft on board.


VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6thL of 21 April 2010 revising the Constitution;
VU Law No. 59/AN/94/3rd L of 05/01/1995 bearing Penal Code;
VU Law No.152/AN/11/6th L bearing Civil Aviation Code;
VU Law No.74/AN/14/7th L, establishing the Ministry of Equipment and Transport;
VU Law No. 56/AN/09/6th L, establishing an administrative tribunal;
VU Decree No.2016-109/PRE of 11 May 2016 appointing the Prime Minister;
VU Decree No.2016-110/PRE of 12 May 2016 appointing members of the Government;
VU Decree No.2016-148/PRE establishing the powers of the Ministries;
VU Order No.2016-477/PR/MET adopting the aeronautical regulations of Djibouti;
VU Circular n°175/PAN dated 05/06/2017 convening the 4th Public Meeting of the 1st Session of the Year 2017;

The Council of Ministers heard at its meeting on 25 May 2017.

Definition of terms

Article 1: Is considered to be an aircraft circulating no-one on board any remotely controlled flying object.

Article 2: By telepilot, it is understood by any person who controls the evolutions of an aircraft circulating without a person on a remotely piloted aircraft, either directly or by monitoring the course and at any time being able to intervene on this path to ensure safety.

Article 3: Aircraft flowing without a person on board evolve in the context of aeromodelism activity or in the context of commercial activity. These activities will be classified by decree.

General provisions

Article 4: The importation, commercialization and use of non-personal-aircraft on board in the Republic of Djibouti must comply with these provisions and the legislation in force.

Article 5: Any natural or legal person who introduces an aircraft circulating without a person on board on the national territory must report to the border with the Customs authorities that retain the object until the owner submits the certificate of registration issued in accordance with the article below.

Article 6: A certificate of registration and airworthiness is issued by the joint commission composed of the Directorate General of National Security, the Directorate General of the Airport, the Directorate General of the Civil Aviation Authority, the Directorate General of the National Police and the Head of the Corps of the Air Force.
For the purpose of obtaining the certificate, the owner shall provide the following documents:
- an express request dated and signed by the owner;
- an identity document for natural persons;
- a copy of the trade register for legal persons;
- any administrative document constituting the non-commercial entity;
- an insurance policy covering the device;
- a number three of the owner's.

The owner specifies in his application the overflight programs of his object, especially for domestic or professional use.

The procedures of the Joint Commission inherent in the issuance of the Certificate of Registration and Airworthiness will be defined by regulation.

The certificate of registration and airworthiness is periodically renewed by the Joint Commission, after reviewing the condition and condition of the aircraft.

The terms and conditions for the renewal of the Certificate of Registration and Airworthiness, including the periodicity of this renewal, as well as the technical and, where applicable, financial specifications for the review referred to in the preceding paragraph will be defined by regulation.

Article 7: The procedures set out in section 6 are not applicable to importers of aircraft travelling without a person on board for commercial purposes.

Sellers are required to inform buyers of the registration procedure provided for in Article 5.

Article 8: The Joint Commission responds to the complainant in a period not exceeding one month. In the absence of a response within one month or a specific refusal, the appellant shall have an appeal before the administrative court.

The appeal must be lodged within two months of notification of the explicit decision of the Commission to the complainant.
In the event of the Commission's silence, the two-month period is short from the date of the expiration of the one-month period during which the Commission was to decide on the applicant's request".

Article 9: Only aircraft circulating without a person on board having obtained the Certificate of Registration and Airworthiness are allowed to fly over the territory of the Republic of Djibouti.

Article 10: The owner is required to subscribe to an insurance policy covering all risks that may be caused by his or her device.

Article 11: Owners may not fly over their objects without prior express permission from the Joint Commission of the so-called “permanent or temporary sensible” areas. These areas will be defined by decree.

The joint commission may interrupt overflight activities at any time and without any reason.

Article 12: Any transfer of ownership shall be registered according to the procedure described above.

Penal provisions

Article 13: Is considered an offence under the Criminal Code:
- any unreported introduction of unmanned aircraft on board in the national territory;
- any use without registration of aircraft travelling without a person on board;
- any violation of the ban on overflighting so-called “sensitive” areas;
- any lack of insurance.

Article 14: The owner who commits the above offences shall be liable to the following penalties:
- for unreported introduction and use without registration, a fine ranging from 200,000 to 500,000 FDJ and the confiscation of the device;
- for the unauthorized overflight of the so-called “sensitive” zones a prison sentence ranging from 2 to 6 months and a fine of 500,000 FDJ;
- for the use of an aircraft circulating without anyone on board without an insurance policy, a fine ranging from 200,000 to 500,000 FDJ and the confiscation of the aircraft.

In the event of related offences, the judge reserves the right to enforce the provisions of the Criminal Code.

Final provisions

Article 15: All necessary measures to implement this Act shall be determined by decree.

Article 16: This Act will be registered.

Done in Djibouti on 12/06/2017

President of the Republic,
Head of Government