Obligations of a Licensed Airport Operator or Airport Investor
Obtaining a licence for an airport operator (airport investor) creates a legal and ethical obligation to ensure the airport is operated efficiently and safely in accordance with the specified terms and standards. The most important obligations imposed on the licensed airport operator can be summarised as follows:
- Compliance with standards and conditions: The operator must comply with all civil aviation standards and recommended practices related to airports, whether set out in national laws, regulations, or the adopted annexes to the Chicago Convention. These standards include requirements related to the design, operation, maintenance of facilities, and the provision of air navigation, rescue, firefighting, and other services. The operator must also comply with the conditions of the Airport Certificate applicable to each airport as recorded in the licence, as well as any additional restrictions or measures imposed by the Civil Aviation Authority to ensure safety.
- Provision of qualified staff: The operator must employ a sufficient number of qualified and experienced personnel in all critical operational areas (such as ground movement management, runway maintenance, operation of rescue and firefighting equipment, and airport security, etc.). If the law requires certain staff to hold official certificates or licences (such as air traffic controllers or aerodrome firefighting personnel), the operator must limit appointments to those who hold such qualifications and must adhere to training and development programmes to ensure the ongoing competency of human resources.
- Operating and maintaining the airport in accordance with approved procedures: The airport operator is responsible for the day-to-day operation of the airport in accordance with the standard procedures contained in the approved Airport Manual. The operator must also carry out periodic and preventive maintenance for all airport facilities (runways, navigation systems, lighting, service vehicles, buildings, etc.) to ensure they are ready at all times. The Civil Aviation Authority may issue binding instructions requiring the operator to amend or improve certain operational procedures if it deems this necessary in order to enhance the level of aviation safety.
- Coordination with air navigation service providers and relevant authorities: Because safety and operational efficiency do not depend on the airport alone, the operator must maintain close coordination with the air traffic service provider (ATS / air traffic control) to ensure the availability of appropriate guidance and air traffic control services within the airport’s airspace. The operator must also coordinate with meteorological units to provide pilots with weather reports, and with customs, immigration/passport, public security, and health authorities to facilitate their procedures at the airport without breaching applicable regulations. Integrated cooperation between the airport operator and these entities is essential to achieve smooth and secure air traffic movement.
- Establishing and implementing a Safety Management System (SMS): Regulations require the airport operator to implement a systematic safety management framework that includes a clear organisational structure and policies and procedures for identifying hazards, assessing risks, and taking proactive measures to prevent accidents. The SMS defines the responsibilities of all parties (including ground handling operators and other entities working at the airport), requires their compliance with safety requirements, and mandates immediate reporting of any accident, incident, occurrence, or malfunction that may affect operational safety. The operator is also required to conduct periodic internal audits of the safety system and airport operations to verify effectiveness—for example, at least once every three months—to document inspection and review results and to submit reports to senior management to address any deficiencies.
- Ensuring airport security and protecting facilities: The airport operator must comply with security instructions issued jointly by the Civil Aviation Authority and security agencies. This includes controlling access to the airside areas of the airport (areas prohibited to unauthorised persons) and implementing screening procedures for persons, baggage, and cargo in accordance with applicable laws and instructions. The operator must also prevent any person from tampering with any part of aircraft or engaging in acts that threaten the safety of the airport and aircraft. In short, the operator is responsible for implementing airport security plans to protect aircraft and navigation facilities from sabotage or violence, in coordination with the competent security authorities.
- Notification and reporting of safety-affecting situations: One of the most important duties of the airport operator is to immediately notify the Civil Aviation Authority and air traffic control of any emergency or circumstance that may affect flight safety. This includes reporting the emergence of obstacles near the airport (such as a crane or a high density of birds), failures in safety equipment (such as lighting systems or navigation aids), deterioration of runway condition (for example, subsidence or debris on the runway), or any reduction in the level of rescue and firefighting service below the approved standard. NOTAMs (Notices to Airmen) are then issued through the Aeronautical Information Service to inform pilots of these conditions. The operator must also notify the authority in advance (for example, 30 days beforehand) of any planned changes at the airport that may require updating published aeronautical information (such as runway extension, runway closure for maintenance, changes in airport capacity, or amendments to approach/departure procedures, etc.).
- Removal of obstacles and corrective measures: The operator must maintain obstacle-free areas in accordance with legally defined airspace/easement (aeronautical servitude) rights, including removing or reducing any potential obstacle in areas surrounding the airport and safeguarding the defined obstacle limitation surfaces in line with international standards. If any vehicle or object on the airport surface poses a risk to aircraft movement, the operator must remove it immediately. If obstacles are outside the airport boundaries (such as towers or high buildings) and pose a hazard, the operator must report and alert the competent authorities so that appropriate measures can be taken. Warning markings must also be placed on existing obstacles that cannot be removed immediately so they are clearly visible to pilots. All of this is intended to keep the airspace surrounding the airport as safe and hazard-free as possible for air navigation.
It should be noted that some airports may be granted specific exemptions from applying a particular standard if strict compliance is proven impracticable for operational reasons, provided that an equivalent level of safety is achieved through compensatory measures approved by the Civil Aviation Authority. Such rare written exemptions are granted under the authority’s powers, with the alternative conditions recorded on the airport certificate. They are not a general rule, but exceptional cases that prioritise safety above all else.
Legal Oversight and Accountability of Airport Operators
The Civil Aviation Authority assumes a supervisory and regulatory role to ensure that airport operators comply with the granted licence and the provisions of the law. In this context, the Authority has the power to conduct inspections and audits at any time at the licensed airport to verify that it continues to meet the applicable standards. This includes inspection of facilities and equipment, auditing operational records and documents, and testing the effectiveness of safety and security systems. If the Authority finds a serious breach of safety requirements or a violation of licence conditions, it may suspend or revoke the licence in accordance with the law and the applicable administrative procedures, in order to safeguard aviation safety.
In addition to administrative measures, Iraqi legislation has established a system of legal accountability and penalties to address any violation related to airport licences and their security. These penalties vary between financial measures (fines) and judicial proceedings depending on the seriousness of the violation. The most important are:
Administrative fines imposed by the Civil Aviation Authority
The law authorises the “General Establishment for Civil Aviation” (representing the aviation authority) to impose financial fines on those who violate licence provisions or the instructions issued pursuant to it. Article 197 (Paragraph 1/A) provides for the collection of an amount not less than 15 million Iraqi dinars and not more than 20 million Iraqi dinars from anyone who violates the conditions of granted licences or the rules and instructions issued under the law.
This penalty is imposed by an administrative decision of the Authority to ensure immediate compliance.
The law also requires that the right to object to the fine decision be made available before the Minister of Transport within 30 days, and to challenge the Minister’s decision before the Court of Cassation within 15 days, with the court’s judgment being final. This ensures judicial oversight over the legality of the Authority’s decisions in this regard.
Criminal (penal) sanctions
In cases of serious violations that threaten aviation safety or involve intentional commission of dangerous acts, the law provides for stricter penalties that may extend to imprisonment. For example, Article 200 of the Iraqi Civil Aviation Law No. 148 of 1974 punishes with imprisonment for a period not exceeding five years anyone who steals or intentionally damages any air navigation devices, equipment, or facilities necessary to ensure aviation safety. This includes vital airport facilities such as communications equipment, beacons, and navigation systems.
In addition, any act of sabotage or threat to the security of aircraft and airports may give rise to penalties under other laws (such as counter-terrorism legislation, if applicable). In this context, Article 201 provides that if the act constitutes a felony or misdemeanour under other penal laws, the harsher penalty shall be applied in all cases.
Article 199 also imposes high criminal fines (between 30 million and 50 million Iraqi dinars) for certain dangerous acts, such as operating an aircraft or causing it to fly without registration marks, flying in prohibited areas, or taking off/landing outside officially declared airports without authorisation. These provisions—although related to aircraft—reflect the integration between airport licensing and lawful use; aircraft are not permitted to use airports that are not licensed or not internationally declared except in cases of extreme necessity, under penalty of legal accountability.
Judicial jurisdiction and initiation of proceedings
The law clarifies that state courts have jurisdiction to consider all violations related to the provisions of the Civil Aviation Law and its regulations and instructions, whether committed within the territory of the state, in its airspace, or on board its registered aircraft while they are on the high seas and outside the sovereignty of any state.
Procedurally, the legislature restricted the initiation of criminal proceedings relating to public right in civil aviation offences by requiring a prior request from the Civil Aviation Authority (meaning the public prosecution may not commence proceedings without a complaint or referral from the aviation authority), except for certain specified administrative violations under Article 197/1-A which are handled directly by the Authority, as mentioned above. This condition underscores the central role of the competent authority in assessing the seriousness of the violation and its technical context before resorting to judicial procedures, to ensure that aviation-specific technical considerations do not conflict with purely legal procedures.
Conclusion
In conclusion, the legal regulation of airport licensing in Iraqi legislation appears comprehensive and consistent with international standards. The establishment and operation of airports have been made subject to direct state oversight through a system of prior licensing, ensuring that the necessary technical and operational requirements are in place before any aviation activity begins at the airport. The incorporation of the 1944 Chicago Convention and its annexes into the law has further strengthened the alignment of the national framework with the international legal system governing civil aviation, such that airport licensing standards and certification requirements in Iraq are no less stringent than their global counterparts.
We have shown that the procedures for granting a licence include a careful assessment of both the airport and the competence of its operator, and that a licence is granted only after strict fulfilment of the conditions required to ensure the safety of air navigation. In return, the law imposes ongoing obligations on the licensed operator relating to maintenance, safe operation, reporting, and compliance with standards, alongside periodic oversight by the Civil Aviation Authority to verify continued adherence. The legislator has also not neglected to establish accountability mechanisms, including immediate administrative penalties and strict legal sanctions against anyone who acts outside the scope of the licence or endangers aviation security.
It can be said that this legal framework provides a protective legal and security umbrella for airports in Iraq, ensuring the sustainability of their operations with discipline and responsibility. It can also enhance the confidence of the international community in the Iraqi air transport sector, since compliance with licensing requirements and international standards is a fundamental condition for airport recognition by international organisations (ICAO) and by global airlines. Ultimately, airport licensing in Iraqi legislation represents an essential instrument for regulating the sector and ensuring its safe and steady growth, safeguarding lives and property, and reflecting Iraq’s standing and commitments within the international civil aviation community.
If you need support assessing airport licensing compliance, strengthening safety/security policies, or managing regulatory reporting under Iraqi law and ICAO standards, contact Osama Tuma for Legal Services and Advisory—a trusted law firm in Iraq—for practical, tailored legal guidance.
