How to Obtain Malaysia Foreign Air Operator Certificate (FAOC)

How to Obtain Malaysia Foreign Air Operator Certificate (FAOC)

How to Obtain Malaysia Foreign Air Operator Certificate (FAOC)

Civil Aviation Guidance Material (CAGM) guides foreign commercial air transport operators in the application and renewal of a Foreign Air Operator Certificate that is issued by the Civil Aviation Authority of Malaysia. Furthermore, IFPLS (International Flight Planning Solutions) collaborates with FAOC Malaysia to help perform these applications.

The validation and close observation of the FAOC aim are to provide better clarity and

transparency on the safety oversight of foreign commercial air transport operators.

It comprises the following two processes. First, the Grant and Renewal of FAOC is the safety assessment and validation of foreign commercial air transport operators before the commencement of operations in Malaysia. Second, the close observation includes the safety assessment of commercial air transport operators operating in Malaysia as and when there is new information that may affect the operations and airworthiness of aircraft and inspection of the aircraft when it is in Malaysia.

The process of Malaysian Foreign Air Operator can be used to apply for the initial issue, renewal or variation, or combination of renewal and variation. The applicant may appoint an agent to complete the application and communicate with CAAM all matters necessary. CAAM will require evidence of the agent’s authorization, for example, a Power of Attorney or a Letter of Authorization. With such an appointment, CAAM will convey any information or make any request through the agent and may consider it as the primary communication channel. The application form must be submitted to CAAM by email or link. The applicant can complete this application form electronically; however, CAAM will not accept an application without a signature.

All foreign approvals, authorizations, certificates, licenses, and accompanying documents must be current at the time of application and must be submitted in or translated into the English language. There are some specific documents required for the FAOC application. CAAM may request other documents, in addition to those below, at any time during the validation process:

·       Malaysian Foreign Air Operator Application Form.

·       Malaysian Foreign Air Operator Application Form– Aircraft and Airport (for each aircraft type).

·       Air Operator Certificate and Operations Specification, or the equivalent documents issued by the Civil. Aviation Authority including the aircraft type, areas/region of operations, and operational authorizations.

·       A copy of the proposed schedule.

·       Certificate of Business Registration and/or Certificate of Incorporation, or the equivalent document if conducting the initial operation in Malaysia.

·       Letter of authorization (if an agent is appointed to handle the application).

·       Details of any accidents/serious incidents, and the activities resulting from any investigations.

·       A copy of the noise certificate (or equivalent evidence of compliance with Annex 16) for at least one of each aircraft type.

·       A copy of the Certificate of Registration and Airworthiness of at least one aircraft type.

·       A copy of the Continuing Airworthiness Management Organization (CAMO) certificate and its Terms of Approval.

·       A copy of Approved Maintenance Organization (AMO) certificates and its Term of Approval.

·       Certificates of Insurance for Carriers’ Liability Insurance (Declaration).

·       A copy of the lease agreement for aircraft operated under a wet/damp lease arrangement.

·       FAOC Compliance Matrix (for initial application) and all required documents/manual/reference listed in the matrix (form CAAM/BOP/FAOC/2).

·       List of aircraft type(s) and registration(s).

Application for certificate of validation of FAOC is required to be submitted together with fees as required by Civil Aviation. We can assist you with the FAOC application The application fee is USD 1,250, and the SkyPark coordination fee and Courier Fee is USD 550, a Total: of USD 1,750.00.

Requirement submission of Application for FAOC is required to apply ninety (90) days before the intended starting date of operation and the applicant is required to comply with the guidelines stated in this CAGM and the guidance stated on the application form. However, if you wish to renew your application for FAOC are required to apply thirty (30) days before the expiry date of the FAOC.

The FAOC Compliance Matrix Application form consists of four sections that list the evidence that CAAM expects an air operator intending to conduct international commercial air transport operations to have included in its manuals or other documents that are required to be submitted to CAAM together with the Malaysian Foreign Air Operator application form. The list of procedures has been extracted from ICAO Annex 6 and other associated ICAO documents. CAAM inspectors from each Division will be assigned to validate the FAOC Compliance Matrix according to their areas of expertise.

The four are listed below:

·       Section A – Flying Operations.

·       Section B – Cabin Safety.

·       Section C – Airworthiness.

·       Section D – Dangerous Goods.

This compliance matrix is used as a communications tool between CAAM and the applicant during the assessment process. The information provided by completing this compliance matrix will be used by CAAM’s inspectors when assessing the application for a Foreign Air Operator Certificate. If the documentation does not address ALL of the items listed in this compliance matrix, the assessment of the application may be delayed.

The Malaysian Aviation Commission (MAVCOM) Requirements is an independent entity to regulates economic and commercial matters related to civil aviation in Malaysia. One of its functions is to administer and manage air traffic rights in Malaysia.

An Air Traffic Right Certificate (ATRC) is required for any person who intends to undertake to carry by air or use any aircraft for the transport of passenger, mail, or cargo for hire and reward upon any scheduled journey between two or more places of which at least one place is in Malaysia. ATRCs are awarded based on available capacity on each route, to airlines that have successfully applied for them. An ATRC holder is required to use all of the capacity allocated to it within 6 months from the approved effective date of operation and failure to do so will result in the unutilized rights being revoked. A holder of an ATRC may surrender their certificate by writing to the Commission not less than six months before the proposed date of surrender. The surrender of an ATRC shall take effect six months from the date the Commission receives the notice or any other date as may be specified by the Commission.

MAVCOM takes a range of conditions into account when allocating ATRC, including:

·       Public demand and the interests of air transport users (passengers, cargo customers).

·       Quality of service, and economic viability of the proposed flights.

·       Quality of service, and economic viability of the proposed flights.

·       Quality of service, and economic viability of the proposed flights.

Non-scheduled operation intends to carry passengers, cargo, and/or mail from any points outside Malaysia to any points in Malaysia and vice versa on a non-scheduled basis and shall apply to the Commission via the CAAM by filing their application before it commences services.

An applicant is not permitted to carry out selected operations as follows:

·       Carry out any passenger, cargo, and/or mail from Malaysia that differs from the passenger/cargo manifest.

·       Uplift any cargo and/or mail from Malaysia to any points beyond Malaysia unless they can provide a no-objection letter from Malaysian ASL and ASP (cargo) operators.

·       Uplift any passenger, cargo, and/or mail within points in Malaysia.

·       Uplift any passenger, cargo, and/or mail in the positioning sector.

Applicants are required to apply to the Malaysian Aviation Commission before applying for an FAOC and apply for slot allocations at the same time to the National Slot Allocation Malaysia. However, the applicant shall only be entitled to operate the proposed non-scheduled services after receiving the necessary approval from the Commission.

Application for overflight and other Non-Scheduled services that are not for hire and reward which among others may include an operation for medical purposes, search and rescue, aerial mapping, agricultural activities, scientific activities, and sports activities shall be submitted to the CAAM (not MAVCOM).

Malaysia currently maintains over one hundred Air Service Agreements (ASA) with other countries. For comprehensive details on Malaysia’s ASA, please refer to the List of Air Service Agreements available on the MAVCOM website.

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