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Government Takes Steps to Reduce Risks in Aircraft Leasing and Financing

Government Takes Steps to Reduce Risks in Aircraft Leasing and Financing
Comprehensive Review to Enhance Aircraft Financing Environment
As India prepares to induct over 2,000 aircraft in the coming decade, the government has initiated a comprehensive review aimed at mitigating risks associated with aircraft leasing and financing. The Ministry of Civil Aviation (MoCA) has established a high-level committee tasked with examining critical aspects such as taxation, import and re-export regulations, bankruptcy-remote financing structures, and the protection of lessors’ interests. This initiative is designed to make aircraft financing less risky for international lessors and financiers, which could ultimately reduce costs for airlines and lower airfares for passengers.
The committee is scrutinizing existing aircraft financing and leasing arrangements between foreign entities and Indian airline operators. Its focus includes regulatory and procedural challenges related to direct and indirect taxation, duties, and import-export provisions. A key objective is to enhance India’s attractiveness as a destination for aircraft leasing and financing, particularly through the Gujarat International Finance Tec-City International Financial Services Centre (GIFT IFSC).
Legal and Financial Framework Enhancements
A significant area of focus is the potential introduction of bankruptcy-remote financing structures within India’s legal framework. These structures aim to isolate cash flows for lenders and ensure effective enforcement of security interests, thereby providing greater protection to lessors and financiers in the event of an airline’s financial distress. The committee is also reviewing the implementation of the Protection of Interests in Aircraft Objects Act, a pivotal reform that aligns India’s legal framework with the Cape Town Convention. Recommendations are being formulated to address any gaps or challenges in the act’s application.
In addition, the committee is exploring alternative financing mechanisms at GIFT IFSC, including the establishment of dedicated funds or infrastructure financing frameworks tailored for aircraft leasing. It is assessing the potential benefits of these mechanisms for lessors and the broader leasing ecosystem, including the possible inclusion of aircraft in the Harmonised Master List of Infrastructure.
Positioning India as a Global Aviation Finance Hub
These efforts coincide with the government’s ambition to position GIFT IFSC as a global hub for aircraft leasing and aviation finance. At the India Aircraft Leasing and Financing Summit 2.0 held in May, MoCA and the International Financial Services Centres Authority (IFSCA) underscored the importance of strengthening GIFT IFSC’s role on the international stage.
Nonetheless, the government’s interventions introduce potential challenges. Increased regulatory scrutiny and evolving policy frameworks may influence market dynamics. Industry experts observe that companies with strong compliance and risk management capabilities are likely to attract greater investor interest, while competitors may adapt to new regulations or leverage government support to secure market advantages. Despite these challenges, recent data indicates that fundamental constraints on fleet availability are easing, suggesting a more stable outlook for the sector.
The scale of the opportunity is considerable: Indian carriers currently have outstanding orders for 1,640 aircraft, and the country’s commercial fleet is projected to exceed 2,250 aircraft by 2035. As the government continues to address policy and regulatory issues, the evolving landscape is expected to create new opportunities for Indian entities in aircraft financing and leasing, reinforcing India’s position in the global aviation market.

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