[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR47.7]



[Page 909-910]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 47_AIRCRAFT REGISTRATION--Table of Contents

 

                            Subpart A_General

 

Sec. 47.7  United States citizens and resident aliens.



    (a) U.S. citizens. An applicant for aircraft registration under this 

part who is a U.S. citizen must certify to this in the application.

    (b) Resident aliens. An applicant for aircraft registration under 

section 501(b)(1)(A)(i) of the Act who is a resident alien must furnish 

a representation of permanent residence and the applicant's alien 

registration number issued by the Immigration and Naturalization 

Service.

    (c) Trustees. An applicant for aircraft registration under section 

501(b)(1)(A)(i) of the Act that holds legal title to an aircraft in 

trust must comply with the following requirements:

    (1) Each trustee must be either a U.S. citizen or a resident alien.

    (2) The applicant must submit with the application--

    (i) A copy of each document legally affecting a relationship under 

the trust;

    (ii) If each beneficiary under the trust, including each person 

whose security interest in the aircraft is incorporated in the trust, is 

either a U.S. citizen or a resident alien, an affidavit by the applicant 

to that effect; and

    (iii) If any beneficiary under the trust, including any person whose 

security interest in the aircraft is incorporated in the trust, is not a 

U.S. citizen or resident alien, an affidavit from each trustee stating 

that the trustee is not aware of any reason, situation, or relationship 

(involving beneficiaries or other persons who are not U.S. citizens or 

resident aliens) as a result of which those persons together would have 

more than 25 percent of the aggregate power to influence or limit the 

exercise of the trustee's authority.

    (3) If persons who are neither U.S. citizens nor resident aliens 

have the power to direct or remove a trustee, either directly or 

indirectly through the control of another person, the trust instrument 

must provide that those persons together may not have more than 25 

percent of the aggregate power to direct or remove a trustee. Nothing in 

this paragraph prevents those persons from having more than 25 percent 

of the beneficial interest in the trust.

    (d) Partnerships. A partnership may apply for a Certificate of 

Aircraft Registration under section 501(b)(1)(A)(i) of the Act only if 

each partner, whether a general or limited partner, is a citizen of the 

United States. Nothing in this section makes ineligible for registration 

an aircraft which is not owned as a partnership asset but is co-owned 

by--

    (1) Resident aliens; or

    (2) One or more resident aliens and one or more U.S. citizens.



[Amdt. 47-20, 44 FR 61939, Oct. 29, 1979]



    Effective Date Note: At 70 FR 244, Jan. 3, 2005, paragraphs (b), 

(c), and (d) of Sec. 47.7 were



[[Page 910]]



amended by revising the references to ``section 501(b)(1)(A)(i) of the 

Act'' in the first sentence of each paragraph to read ``49 U.S.C. 

44102'', effective concurrent with the date the Cape Town Treaty enters 

into force with respect to the United States.