A number of Irish-registered aircraft leased to Russian airlines have been re-registered in Russia in breach of an international aviation treaty, the Irish Aviation Authority has confirmed.
A week after the Kremlin passed a law allowing foreign aircraft leased by its airlines to be added to the country’s register, the Irish regulator said the dual registration of aircraft on the Irish and Russian registers was “strictly forbidden” under the so-called Chicago Convention, the post-second World War treaty that governs international aviation.
The new Russian law, signed by President Vladimir Putin, makes it more difficult for foreign lessors attempting to recover aircraft after EU sanctions imposed on Moscow over its invasion of Ukraine forced aircraft lessors to terminate leases with Russian airlines by March 28th.
More than 500 foreign-owned aircraft, worth an estimated $10 billion (€9 billion), are stuck in Russia with Irish aircraft leasing companies seeking the return of about €4 billion worth of aircraft in the scramble for the recovery of airplanes leased to Russian airlines.
Irish aircraft lessors are among the most exposed to Russia’s retaliatory actions against the Western sanctions.
In an update, the IAA said that it would only de-register aircraft from the Irish register on request from the registered owner in accordance with relevant Irish legislation and procedures.
Cape Town Convention
This ensures the aircraft is not deregistered until a registered mortgage is discharged or authorisation is granted under the Cape Town Convention, another international agreement that covers the rights of businesses to recover assets such as aircraft, the regulator said.
The IAA asked all countries party to the Chicago Convention to comply with the obligation to carry out “effective surveillance” over foreign operators flying in their territory in order to ensure they comply with all international aviation standards and practices.
The regulator has also asked the countries to “take appropriate action when necessary” to preserve international safety rules under the treaty and to “restrict these aircraft from flying into, over or out of their airspace.”
“The flights should only be allowed after prior consultation with the IAA,” it said.
The regulator listed the "EI" registration numbers of 35 leased aircraft in Russia whose certificate of airworthiness has been cancelled, including 25 Boeing and nine Airbus aircraft, because it cannot vouch that airplanes are safe to fly given that they are stuck in Russia.
Dublin-based AerCap, the world’s largest aircraft leasing company, had 152 aircraft leased out to Russian airlines worth €2.1 billion when the war in Ukraine broke out, followed by SMBC Aviation Capital with 34 aircraft and Avolon, which had 14 aircraft leased to Russian airlines.
