Provisions on Licensing the Airline Routes Operated by Foreign Air Carriers (2016)

Provisions on Licensing the Airline Routes Operated by Foreign Air Carriers (2016) Order of the Ministry of Transport (No. 4 [2016]) The Provisions on Licensing the Airline Routes Operated by Foreign Air Carriers , as adopted at the third executive meeting of the Ministry of Transport on February 23, 2016, are hereby issued. Minister: Yang Chuantang March 4, 2016 Provisions on Licensing the Airline Routes Operated by Foreign Air Carriers Chapter I General Provisions Article 1 In order to regulate the administration of operation of prescribed airline routes between foreign locations and locations of the People's Republic of China by foreign air carriers, these Provisions are developed in accordance with the Civil Aviation Law of the People's Republic of China . Article 2 Where a foreign air carrier applies for operating a prescribed airline route between a foreign location and a location of the People's Republic of China, it shall comply with the provisions of the civil air transport agreement or the relevant agreement concluded between the governments of the People's Republic of China and the foreign country, and shall be first designated by the government of its home country through diplomatic channels, except as otherwise provided by the bilateral air transport agreement or the relevant agreement. Article 3 The Civil Aviation Administration of China (hereinafter referred to as the “CAAC”) shall take charge of the unified administration of licensing the operation of airline routes by foreign air carriers. A foreign air carrier shall, after being officially designated by the government of its home country through diplomatic channels, apply to the CAAC for a license for operating a prescribed airline route between a foreign location and a location of the People's Republic of China in accordance with these Provisions. The local civil aviation administration shall take charge of supervising and administering the airline routes and flights operated locally by foreign air carriers. Article 4 The CAAC shall adopt the principle of reciprocity and equity in the examination and approval of licenses for operation by foreign air carriers. Where the competent aviation agency of a foreign government sets any unreasonable limitations on an application filed by a Chinese air carrier for operating a prescribed airline route between a location of the People's Republic of China and a foreign location, the CAAC shall take the equivalent measures. Chapter II Procedures for Applying for an Operation License Article 5 A foreign air carrier shall file an application for an operation license with the CAAC at least 60 days before its anticipated date of launch of the airline route. If the filing of an application for an operation license by a foreign air carrier is not within the prescribed time limit, the CAAC shall not accept the application, except as otherwise provided by the bilateral air transport agreement or the relevant agreement. Article 6 To apply for an operation license, a foreign air carrier shall submit to the CAAC a written application and materials attached thereto signed and issued in either Chinese or English language by the legal representative of the headquarters of the foreign air carrier or a person authorized in writing by the legal representative. The written application shall cover the prescribed airline route to be launched between a foreign location and a location of the People's Republic of China, date of launch of the airline route, flight number and code-sharing flight number, number of weekly flights and schedule, and types and registration numbers of aircrafts owned or wet-leased by the foreign air carrier. The materials attached to a written application submitted by a foreign air carrier shall include: (1) a photocopy of the document whereby the foreign government designates the foreign air carrier to operate a prescribed airline route between a foreign location and a location of the People's Republic of China; (2) a photocopy of the Air Operator Certificate (AOC) issued by the competent aviation agency of the foreign government to the foreign air carrier; (3) a photocopy of the foreign air carrier's registration certificate; (4) the articles of association of the foreign air carrier or a certificate issued by the statutory enterprise registration organ that bears the foreign air carrier's principal place of business, nature (state-owned or privately-owned) and share structure, the nationality of each investor and the name and nationality of each member of the board of directors; (5) the documents stating the passenger and cargo transportation conditions of the foreign air carrier; (6) the official Chinese and English names of the foreign air carrier, a brief introduction to the foreign air carrier (including the date of formation, scale of fleet, and airline network), the contact persons both in the headquarters and in the People's Republic of China and their addresses, telephone numbers, fax numbers, and e-mail addresses, the three-letter code assigned to it by the International Civil Aviation Organization, and the two-letter code assigned to it by the International Air Transport Association; (7) for the use of wet-leased aircrafts, a photocopy of the wet-lease a......