New Regulations on Licensing for Air Transport and Aerial Work Activities in Mozambique

The Council of Ministers approved Decree No. 75/2025, dated December 31, which adopts the new Regulations on the Licensing of Air Transport and Aerial Work Activities, repealing Decree No. 39/2011, dated September 2, and all provisions contrary to this Decree.

The revision of the legal framework applicable to the sector stems from the need to ensure safer, more effective, transparent, and competitive operations in the conduct of air transport and aerial work activities.

The new Regulation also seeks to align the civil aviation sector with international standards for governance, oversight, and aviation safety.

Decree No. 75/2025 enters into force on the date of its publication, unlike Decrees No. 73/2025 and No. 74/2025, approved on the same day, which only enter into force 60 days after their respective publication.

Key Changes Introduced by the New Regulation

Among the main changes introduced by the new Regulation are the following:

1. Strengthening of Licensing and Certification Requirements

   
   

The new Regulation establishes a robust framework for the granting and maintenance of operating licenses and air operator certificates.

Operators are now subject to enhanced requirements to demonstrate economic and financial capacity, technical capability, and an organizational structure appropriate for carrying out their activities.

The Regulation expressly enshrines the cabotage rule: the operation of air transport services between two points within the national territory is reserved exclusively for domestic air carriers, and the same regime applies to aerial work conducted within the national territory.

The Regulation provides for eight types of operating licenses, corresponding to each type of air service or air work: licenses for scheduled air transport (domestic, regional, and intercontinental), licenses for non-scheduled air transport (domestic, regional, and intercontinental), a license for public air work, and a license for aeromedical services.

Licenses are non-transferable, have an initial validity of one year, and are renewable for five-year periods. For foreign operators, the validity period is six months, renewable for an equal period, and the renewal application must be submitted 30 days prior to the license’s expiration.

The operation of air transport services is subject to the mandatory purchase of civil liability insurance covering passengers, third parties, cargo, and mail, with minimum coverage amounts set forth in specific legislation.

2. Strengthening the Supervisory Powers of the Regulatory Authority

   
   

The supervisory, inspection, and monitoring powers of the Mozambican Civil Aviation Regulatory Authority are expanded.

The Regulatory Authority now has expanded powers for financial, operational, technical, and corporate oversight of air operators, as well as for conducting audits, inspections, and document reviews. The Regulation also grants it the power to seize books, accounts, and documents; to question personnel involved in the activity; and to require, by written notice, the submission of any relevant documentation related to the air operator’s activities.

3. Enforcement of the Principles of Free, Fair, and Loyal Competition

One of the changes introduced by the new Regulation is the explicit enshrinement of the principles of free, fair, and loyal competition in the civil aviation sector.

The regulation seeks to ensure greater competitive balance between domestic and foreign operators, promoting greater transparency in access to air transport activities and route operations.

4. Strengthening of Fare Transparency Rules

The new Regulation strengthens the fare transparency obligations applicable to air carriers.

Operators are now required to disclose, in a clear and accessible manner, the final cost of tickets, including fares, taxes, and other charges associated with the service provided.

The regulation also reinforces the requirement to submit fares in advance to the Mozambican Civil Aviation Regulatory Authority; such submission must be made in writing at least 60 days prior to the respective effective date and must include the amount, the detailed price structure, the rules of application, and the associated conditions. The Regulatory Authority also has the authority to set the maximum and minimum fare limits for economy class on scheduled domestic air transport, by decision of the Board of Directors published in the form of a resolution.

5. Introduction of Public Service Obligations

The new Regulation provides for the possibility of imposing public service obligations on certain routes considered essential to ensuring territorial cohesion and accessibility to remote regions.

This amendment allows the State to ensure the continued provision of strategic air services, even in situations of limited commercial viability.

Public service obligations are specifically intended to ensure:

(i) territorial cohesion and national integration;

(ii) access for populations in remote or sparsely populated regions;

(iii) the continuity of essential air transport services for passengers, cargo, and mail; and

(iv) the promotion of economic, social, and tourism development.

6. Introduction of a Framework Applicable to Code-Share Agreements

The new Regulation now expressly provides for the regulatory framework applicable to code-share agreements between domestic and foreign carriers.

The introduction of these provisions represents a significant development compared to the previous framework, enabling greater operational and commercial integration among air carriers, particularly in the context of international operations.

7. Strengthening of the Framework Applicable to Foreign Carriers

The new Regulation strengthens the regime applicable to foreign carriers, now requiring a foreign carrier license, subject to verification of specific requirements, including designation under an air services agreement, a valid air operator certificate, and a program of aeronautical activities.

The regulation also establishes specific rules for non-scheduled international flights, which are subject to a license or prior authorization, as well as limiting the validity of licenses to six months, renewable, thereby strengthening oversight and regulatory control mechanisms.

The Regulation grants the Regulatory Authority the authority to suspend or revoke operating licenses at any time: when the operator fails to meet the required financial conditions; when it is determined that the operator has been unable to fulfill its obligations for a period of 12 months; or when the operator fails to commence the activities for which it was authorized within 90 days. A declaration of bankruptcy must be immediately reported to the Regulatory Authority, which is also responsible for receiving notice of any legal liquidation of the operator.

8. Introduction of Document Security Mechanisms

The new regime provides for additional document security mechanisms applicable to licenses and certificates issued by the Regulatory Authority.

Among the measures introduced are:

• use of QR codes;

• watermarks;

• holographic stamps;

• electronic document validation mechanisms.

9. Aerial Work — Regulatory Framework and Types of Activity

The Regulation devotes a specific chapter to aerial work, defined as operations in which an aircraft is used for specialized services. Access to the provision of these services is granted on a free-market basis, subject to a license compatible with the type of service, and aerial work conducted within national territory must be operated exclusively by domestic operators.

Fifteen types of aerial work are recognized, including, among others: agricultural work and aerial spraying; firefighting; in-flight calibration of air navigation aids; suspended cargo; aerial photography and filming; parachute drops; aerial advertising; remote sensing using radiometric and electronic means; surveillance, observation, and aerial coordination flights; work on high-voltage power lines; operations at sea; and mapping. The Regulation prohibits the dropping of objects from aircraft, allowing for express exceptions for agricultural, forestry, firefighting, rescue, and evacuation activities.

10. Misdemeanor Regime

The Regulation establishes a system of administrative offenses applicable to air operators, classified into three levels of severity:

(i) very serious violations, which include operating an aircraft with an expired, suspended, or revoked license; reckless operation that endangers people and property; exceeding the maximum certified number of passengers or cargo; and using an aircraft without authorization from the Regulatory Authority;

(ii) serious administrative offenses, which include failure to comply with the duty to provide information, providing false information, and failure to cancel time slots with the required 12-hour advance notice; and

(iii) minor violations, which include failure to submit fares for approval and the collection of unauthorized fares or fares outside the limits set by the Mozambican Civil Aviation Regulatory Authority. The processing and penalties for violations are set forth in specific regulations, without prejudice to the Regulations on Aeronautical Violations.

Conclusion

Decree No. 75/2025 represents a significant reform of the legal framework applicable to the civil aviation sector in Mozambique, strengthening mechanisms for supervision, enforcement, operational safety, and regulatory transparency.

The changes introduced will have a direct impact on domestic and foreign air operators, requiring a review of their respective internal procedures for regulatory, operational, and financial compliance.

In this context, it is recommended that operators in the sector closely monitor the implementation of the new Regulation and adopt internal measures designed to ensure compliance with the new legal and regulatory requirements.

Newsletter_Regulamento e Licenciamento das Actividades de Transporte Aéreo e Trabalho Aére.

Download • 398KB

*

For more information, contact us at maputo@jlaadvogados.com