Pretoria, South Africa: Ask any commercial pilot out there – especially those holding ICAO-compliant credentials – what it means to also carry an FAA or EASA licence, and they’ll likely speak of it as a golden badge in their aviation arsenal. Beyond boosting one’s CV, such dual or multi-jurisdictional licensure often opens doors to lucrative international assignments, instructor opportunities, or enhanced employability in high-growth aviation markets.
However, the recent regulatory shift by the Federal Aviation Administration (FAA) in the United States has created a ripple in these otherwise still waters. A new rule, finalised in mid-2024, now mandates that all foreign FAA licence holders residing outside the US must designate a local US-based agent for service of process.
A recent circular issued by the FAA read “In accordance with these sections, individuals with a foreign address and no US physical address of record on file with the FAA, who hold or apply for certain certificates, ratings, or authorizations, must designate a US agent for service of FAA documents”. The circular continues to define “address” (which excludes post-boxes) as “US physical address: An address in the States of the United States, the District of Columbia, or any US territory or possession, but excludes post office boxes, military post office boxes, mail drop boxes, and commercial addresses that are not also residential addresses”.
Failure to comply with this seemingly administrative requirement could lead to severe consequences – including the loss of licence or, more dramatically, exposure to punitive regulatory action for “operating without a licence”.
This rule applies to those who hold, or are you applying for, a certificate, rating, or authorization under 14 CFR parts 47, 61, 63, 65, 67, or 107.
This is not a minor bureaucratic inconvenience. It strikes at the heart of how international aviation regulation interfaces with state sovereignty and the doctrine of extraterritoriality. In essence, the FAA is saying: even if you’re flying in South Africa, Europe, or the Middle East, and even if you haven’t set foot in the US for years, you are still bound to US domestic rules if you wish to retain your FAA credentials. You need a physical link – an agent – on US soil, or risk regulatory exile.
Current holders of certificates, ratings, or authorizations have nine months from the date of the publication of the final rule to designate a US agent. Failure to do so means that they may not exercise any privileges of their certificate, rating, or authorization issued under parts 47, 61, 63, 65, 67, and 107. These same rules affect owners of aircraft which are registered in the US – and failure to designate a US agent will lead to the aircraft registration certificate being considered ineffective.
For applications that were currently before the agency at the time of publication of rule will be approached differently. The FAA will notify the applicant and provide them an opportunity to comply with the US agent designation requirements. If the individual fails to comply, the individual may be denied issuance of the certificate, rating, or authorization.
The FAA has created an online portal for processing of assignments of US agents, the US Agent for Service System (https://usas.faa.gov/signin).
Now, let’s be clear. From a safety and administrative point of view, the FAA’s desire to maintain contact with certificate holders is understandable. Aviation is a highly regulated industry, and regulators need reliable channels to enforce accountability. But this new requirement edges close to a legal overreach. It places non-resident FAA holders under a burden that seems to sidestep bilateral and multilateral aviation norms.
Although the requirements for appointing a US agent are relatively flexible, individuals must choose their agent carefully. While the agent is tasked with receiving and forwarding all FAA correspondence, the individual remains legally accountable for responding to and complying with any documents sent through the agent. Since such documents may include letters of investigation, enforcement actions, or other urgent communications, it is crucial to select someone trustworthy and dependable to serve as the designated agent. If you designate your cousin as an agent, make sure you check in with her from time to time, the burden of responding to the FAA remains yours.
As Flying Jurist, we urge all our readers and partners to take this rule seriously. If you’re a non-US resident with an FAA licence, appoint a US-based agent as soon as possible. And let this serve as a wake-up call: in aviation law, global doesn’t always mean uniform. Regulatory sovereignty is being asserted in more aggressive ways, and professionals must stay ahead of the curve.
We are entering a new era where the intersection of national law and international aviation practice will test the limits of jurisdiction, reciprocity, and fairness. At Flying Jurist, we’ll keep watching – and flying – through these legal clouds.
Prof Angelo Dube is a Professor of International Law, Acting Director of the School of Law at UNISA, and Chief Executive Officer at Flying Jurist, and founder of the Aviation Indaba. He writes here in his personal capacity.
