Llewellyn V Boyer-Cartwright September 2 2020 Second eclipse for aviation sector? HarleyJames | Aviation - Bahamas Llewellyn V Boyer-Cartwright Aviation IntroductionInternational flightsDomestic flightsConcernsCommentIntroductionOn 4 June 2020 Prime Minister Hubert Minnis announced that The Bahamas would reopen its borders on 19 June 2020; in fact, domestic borders were opened as of 8 June 2020. This easing of restrictions was, as in all other affected countries, conditional on the implementation of protocols which have now become familiar. Unfortunately, following a significant increase in COVID-19 cases (the so-called 'second wave'), on 3 August 2020 the prime minister announced that as of 4 August 2020, The Bahamas would be subjected to another lockdown for a minimum of two weeks. Subsequently, on 17 August 2020 the prime minister announced that there would be a full lockdown of The Bahamas effective immediately, bringing aviation to a complete halt. After a backlash of criticism from the aviation community, the prime minister then relaxed some of the restrictions regarding air travel.International flightsAt 10:00pm on 4 August 2020 all international flights carrying passengers ceased operations into The Bahamas, save for flights from Canada, the United Kingdom and EU member states. Bahamian citizens, residents and visitors (from the exempted countries) may travel to The Bahamas, but must obtain a Bahamas Health Visa and provide proof of a negative COVID-19 (RT-PCK) test from an approved laboratory within 10 days of travel. Effective 1 September 2020 under the Emergency Powers (COVID-19 Pandemic) (3) Amendment (6) Order, the 10-day requirement has been reduced to five days. Further, all travellers are subject to a mandatory 14-day self-quarantine and must:reside in a hotel, private club or rented accommodation (eg, Air BnB) which has been approved by the Ministry of Health;submit to monitoring and install the HubbCat App on mobile devices to facilitate contact tracing; andundergo another COVID-19 test after 14 days if they intend to remain in The Bahamas.Pilots and crew who remain overnight in The Bahamas are also exempt from providing a negative COVID-19 test result and must quarantine for the duration at their respective accommodation.The Ministry of Health may exempt from quarantine any person or class of persons whose arrival in The Bahamas is necessary to perform an essential service or is of national interest.Domestic flightsInter-island travel is permitted; however, citizens, legal residents and visitors under the age of 10 are not required to provide a COVID-19 test result, but must submit to a mandatory quarantine for 14 days or for the duration of their stay. Persons travelling inter-island for the following reasons are not subject to the COVID-19 test or required quarantine:for emergency purposes;as an operator of an aircraft transporting passengers or freight; andfrom in and between certain exempt islands.ConcernsThe president of The Bahamas Air Transport Operators Association has expressed concern as aircraft remain parked on runways throughout the country and airlines have either implemented temporary furlough schemes or staff redundancies. There is no indication as to whether the state-owned Bahamasair will take similar action, but this second lockdown will undoubtedly have a major effect on the airline's financial viability. Nassau Airport Development Company has advised that it is working with concession operators at the Lyndon Pindling International Airport to provide some economic relief.CommentThe overall effect of the COVID-19 crisis on the Bahamian aviation sector is unknown and may be for some time; however, there is no doubt that the short-term effects have been severe. Tourism and aviation in The Bahamas go hand in hand, with one affecting the other. The pandemic may provide an opportunity for the country's aviation industry, as there is increasing interest from private aircraft owners and those willing to spend a little more in order to avoid the constraints of scheduled commercial travel.For further information on this topic please contact Llewellyn V Boyer-Cartwright at HarleyJames by telephone (+1 242 327 7275) or email ([email protected]). The HarleyJames website can be accessed at www.harleyjames.law.