The KSA office of a Big Four professional services firm engaged RIAA Barker Gillette to develop a comprehensive airline regulatory compliance framework for a major international airline preparing to launch operations in Pakistan. The cross-border mandate — originating from the Middle East and requiring deep Pakistan regulatory expertise — demanded cross-disciplinary analysis spanning customs law, civil aviation regulation, foreign exchange controls, carbon tax obligations, and strategic compliance architecture across 19 distinct areas of the airline’s proposed operations.
The airline required a complete regulatory roadmap before commencing commercial flights into Pakistan. Our team began with the foundational requirements: entry and exit procedures under the Customs Act, 1969, civil aviation certifications recognised under the Civil Aviation Rules, 1994, and flight permissions issued under bilateral Air Service Agreements. We then mapped the airline’s foreign exchange reporting obligations to the State Bank of Pakistan, including monthly reporting of passage and freight bookings and compliance procedures for remittance of surplus collections.
A central component of the advisory addressed customs valuation across complex aircraft acquisition structures. Our team analysed the distinct regulatory treatment of owned aircraft, dry leases, wet leases, and charter arrangements — delineating when the goods component attracts duty and when service elements fall outside the customs valuation framework. We also advised on the duty-free re-import regime for parts exported for repair under warranty.
Pakistan offers substantial incentives for the aviation sector. Aircraft, spare parts, engines, and maintenance equipment qualify for zero percent customs duty under the Fifth Schedule to the Customs Act and the National Aviation Policy. Our team guided the client through the eligibility criteria, Aviation Division certification requirements, and application processes needed to access these concessions.
The advisory extended well beyond traditional customs analysis. We assessed the regulatory treatment of the airline’s ancillary services and loyalty programme, distinguishing between services (which carry no customs implications) and goods such as amenity kits, duty-free products, and airline merchandise — each attracting different obligations depending on whether they are sold domestically or on international flights.
On environmental compliance, we advised that while Pakistan currently imposes no carbon tax on aviation, the airline must comply with CORSIA monitoring, reporting, and verification requirements on international flight emissions. We noted that mandatory offset purchases will take effect from 2027.
The advisory also examined the joint and several liability regime governing carriers and customs agents, cargo handling and warehousing obligations through third-party handlers, and customs audit preparedness — including record retention, manifest accuracy, and the significant penalty exposure for non-compliance, which extends to potential confiscation of the aircraft itself.
Our advisory culminated in a three-pronged compliance strategy. First, we recommended immediate digital infrastructure through WeBOC enrolment and automated manifest systems. Second, we advised the airline to clearly delineate its role as carrier versus importer of record and to structure third-party handler agreements to allocate customs liability appropriately. Third, we recommended embedding preemptive airline regulatory compliance across every operational touchpoint — including redundant checking systems, monthly internal audits, and zero tolerance for manifest discrepancies.
“Our engagement by a Big Four firm’s KSA practice to advise on Pakistan’s regulatory landscape reflects the confidence that leading international professional services firms place in our capabilities,” said Mayhar Kazi, Partner at RIAA Barker Gillette. “The aviation sector here offers genuinely attractive concessions, but realising them demands rigorous compliance across customs, civil aviation, foreign exchange, and emerging environmental obligations. Precision and practical insight at every level are essential.”
The team advising on this matter was led by Mayhar Kazi (Partner – Pakistan).
For further information or advice on airline regulatory compliance in Pakistan, please contact Mayhar Kazi.
This article is not legal advice; it provides information of general interest about current legal issues.
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RIAA Barker Gillette is Pakistan’s premier law firm, with an on-the-ground presence in three major cities in Pakistan: Karachi, Islamabad and Lahore, and affiliated offices in Dubai (DIFC) and London.
The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise the firm as a top-tier law firm in Pakistan.
RIAA Barker Gillette is the exclusive member firm in Pakistan for Lex Mundi, the world’s leading network of independent law firms with in-depth experience in over 125 countries worldwide.
