You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 20, 2023

Aircraft Deregistration in Thailand

Subscribe to Updates
The Legal Industry Reviews

Thailand is not a signatory to the Cape Town Convention. This means that upon an airline-lessee’s default, a lessor cannot present an Irrevocable Deregistration and Export Authorization (IDERA) document to easily repossess an aircraft. However, Thai law does allow for lessors to obtain aircraft deregisteration without the need to go to court.

Pursuant to Clause 12 of the Civil Aviation Authority of Thailand (CAAT) Regulation No. 23 (Reg. 23), the Director General of CAAT has the authority to deregister an aircraft when the possessory right to the aircraft under a lease agreement has expired for any of the following reasons:

  • The lease agreement has expired due to the lease term;
  • The lease agreement has been terminated by either the lessor or the lessee in accordance with its termination clause;
  • The lessor and lessee agree to terminate the lease agreement;
  • The lessor notifies the termination of the lease agreement and submits an irrevocable deregistration power of attorney together with an application requesting the exportation of the aircraft, and the lessor or its agent submits an application for deregistration of the aircraft to the Director General.

Under Reg. 23, a lessor can submit a deregistration application to CAAT asking CAAT to deregister. The deregistration application consists of evidence of the lease termination, a deregistration power of attorney (DPOA), the applicant’s certificate of incorporation, and the aircraft’s certificate of airworthiness and Certificate of Registration. CAAT will review the application and ask the lessee if it consents to the deregistration. If the lessee does not consent, CAAT may invite the lessor and lessee to one or more administrative hearings to give evidence on the dispute. If CAAT concludes that the lease has been validly terminated and the lessee no longer has possessory rights, CAAT will deregister the aircraft.

Under Thai law, a lessor can terminate its aircraft lease agreement in accordance with its termination clause. The aircraft does not need to be physically located in Thailand at the time of termination. The notice period specified in the lease agreement must be complied with by the lessor. With that in mind, if the rent is due monthly and the notice period specified is less than 15 days, the lessor should provide 15 days’ notice before termination, which is the notice period specified under Thai law.

A DPOA is recognized and can be a form of security, but is effective only when it is irrevocable and submitted under Reg. 23. Thai law does not require any specific form of DPOA. The law also does not require the DPOA to be certified, notarized, legalized and translated. From experience, the deregistration applicant should submit an original DPOA to CAAT. As such, the lessor should obtain and keep original versions of the executed DPOA.

Once CAAT issues a deregistration order, the lessor can show the order to the relevant airport authority (i.e. Airports of Thailand PCL) and take physical control of the aircraft. If the lessee owes debts to any government agency or its employees, CAAT will not allow the lessor to export the aircraft until the debts are paid. The lessor should expect to pay these debts in order to export the aircraft.

 

This article was first published in the inaugural Thailand edition of The Legal Industry Reviews, an international platform that publishes news and applied law updates from industry-leading law firms in 30 jurisdictions worldwide. The full aviation contribution to the applied law section of the June 2023 Thailand issue can be downloaded through the button below, or  browse the complete issue on The Legal Industry Reviews website.

Download Full Article
Related Professionals

Industries

Aviation

Location

RELATED INSIGHTS​ 

July 23, 2026
Tilleke & Gibbins’ Bangkok-based aviation specialists have authored the Thailand chapter of Aviation Finance & Leasing 2026 from Chambers and Partners. This annual guide examines the key legal issues impacting aircraft lessors, lessees, and financiers in nearly 40 jurisdictions worldwide. In addition to the Thailand chapter, Tilleke & Gibbins also contributed the Vietnam chapter to this year’s edition. The Thailand chapter offers a comprehensive overview of the country’s legal framework governing all aspects of aircraft sale and purchase, aircraft and engine leasing, and aircraft debt finance. Some topics covered include: sale and lease agreement terms taxation lease registration and enforcement lease assignment/novation insurance and reinsurance debt structuring securities liens The guide also examines other matters with practical implications for the aviation industry’s day-to-day operations. Chambers and Partners’ Global Practice Guides provide in-house counsel with authoritative commentary on practical legal issues affecting business, enabling readers to compare legislation and procedures across multiple jurisdictions. The Thailand chapter of Aviation Finance & Leasing 2026 is available as a PDF through the button below. The full guide can be accessed for free on the Chambers and Partners website.
Read More
July 23, 2026
Aviation law experts from Tilleke & Gibbins’ Vietnam offices have prepared the Vietnam chapter of Aviation Finance & Leasing 2026 from Chambers and Partners. Covering nearly 40 jurisdictions worldwide, the guide addresses key legal considerations for aircraft lessors, lessees, and financiers. Alongside the Vietnam chapter, Tilleke & Gibbins also provided the Thailand chapter for this year’s edition. The Vietnam chapter delivers detailed insights into the legal environment affecting aircraft sale and purchase, aircraft and engine leasing, and aircraft debt finance. Some of the topics it examines include: sale and lease agreement terms taxation lease registration and enforcement lease assignment/novation insurance and reinsurance debt structuring securities liens The guide also covers other issues influencing the day-to-day activities of aviation industry participants in Vietnam. Chambers and Partners’ Global Practice Guides provide in-house counsel with authoritative analysis of practical legal matters impacting business, enabling readers to compare legislation and relevant procedures across leading jurisdictions. The Vietnam chapter of Aviation Finance & Leasing 2026 is available as a PDF through the button below. The full guide can be accessed for free on the Chambers and Partners website.
Read More
February 20, 2026
Thailand’s Supreme Administrative Court has issued a decisive ruling annulling the Ministry of Labor’s notification that had granted an exemption for foreign pilots to fly domestic routes under wet‑lease arrangements. A wet lease is a leasing arrangement in which the aircraft is provided together with its foreign flight crew, including pilots, and related operational support, rather than the airline supplying its own pilots. The judgment, delivered on November 17, 2025, and published in the Government Gazette on January 30, 2026, follows a legal challenge brought by the Thai Pilots Association, which argued that the exemption unlawfully enabled foreign workers to assume a role traditionally reserved for Thai nationals. The notification in question, dated December 13, 2024, authorized foreign pilots who came as part of wet‑leased aircraft to fly domestic routes. The Thai Pilots Association disputed the legality of this rationale, asserting that the exemption was triggered by a private airline’s request rather than by any statutory necessity. The Ministry of Labor justified this measure by relying on aircraft‑specific approvals issued by the Ministry of Transport and by enabling the Department of Employment to issue corresponding work permits. Arguments Presented in the Case The Thai Pilots Association argued that the exemption undermined the interests of domestic pilots and conflicted with the policy intent of Thailand’s foreign‑worker regulatory framework. The lawsuit emphasized that the notification arose directly from a private airline company’s request to operate two A320 aircraft under a wet lease and that the measure had the practical effect of displacing Thai pilots who remained unemployed. Meanwhile, the Ministry of Labor defended the exemption as a temporary and necessary response to industry shortages and part of national efforts to support tourism and restore aviation capacity. Legal Framework Thai law establishes a general prohibition against foreign nationals piloting domestic aircraft. Section
Read More
December 4, 2025
Thailand has expanded the circumstances under which state agencies may bypass competitive bidding procedures to address urgent security challenges. On November 28, 2025, Thailand’s Ministry of Finance published the Ministerial Regulation Determining Cases of Procurement by Specific Method (No. 6) B.E. 2568 in the Royal Gazette, introducing a new pathway for procuring supplies and services needed to address cyber and military threats that may affect the stability of government agencies or the nation. For technology vendors, cybersecurity firms, and defense contractors, this regulatory change creates immediate opportunities to engage directly with government buyers facing urgent security challenges. New Fast-Track Category for Security Threats The regulation amends Thailand’s Public Procurement and Supplies Management Act B.E. 2560 (2017) to add a new category of procurement that qualifies for the “specific method”—a noncompetitive, direct selection process. Previously, agencies could use this expedited method only in limited circumstances, such as emergencies, cases with proprietary technology requirements, or national security operations. The new provision explicitly covers procurement of supplies related to preventing or resolving cyber or military threats that could impact the stability of a state agency or the country. This addition recognizes the urgent nature of modern security challenges, where competitive bidding timelines may leave agencies vulnerable during critical threat windows. State agencies dealing with active cyberattacks, preparing defensive measures against anticipated threats, or responding to military security concerns can now move directly to negotiate with qualified vendors rather than conducting lengthy public tender processes. Vendor Considerations Vendors offering cybersecurity solutions now have a regulatory avenue to work directly with government clients when stability concerns are present. These solutions include threat detection systems, anti-ransomware tools, incident response services, firewalls, and security consulting. Similarly, defense contractors providing military equipment or specialized security supplies can pursue direct engagement channels where traditional procurement methods would create
Read More