NEW PROCEDURES FOR DIPLOMATIC FLIGHT CLEARANCE OF FOREIGN AIRCRAFT OVERFLYING OR LANDING IN THE FEDERAL REPUBLIC OF NIGERIA

Pursuant to Article 3 of the Convention on International Civil Aviation 1944, which inter alia states that ‘no state aircraft of a contracting State shall overfly the territory of another state or land thereon without authorization by special agreement or otherwise and in accordance with the terms thereof’, all foreign registered aircraft must obtain Diplomatic Flight Clearance when overflying or landing in the Federal Republic of Nigeria.

APPLICABLE RULES

In requesting for /executing a Diplomatic Flight Clearance or DFC (see Annex A for Request Form), the following rules shall apply:

a.       A request for DFC must be filed with Headquarters, Nigerian Air Force through the Ministry of
          Foreign Affairs (MFA) a minimum of one week prior to a flight.  In exceptional circumstances
          of urgent government, military or humanitarian need, requests may be filed at short
          notice.  Outside normal working hours (1700hrs local) and at weekends, in addition to filing
          through the MFA, a copy of an exceptional request should be forwarded directly to
          Headquarters, Nigerian Air Force (fax- 234 9 2349611 or [attached in pdf format] to
          ops@nigerianairforce.net) not later than 12 hours before the flight.  In this case, it would be the
          originator’s responsibility to confirm approval or otherwise 6 hours before the flight through the
          following numbers 234 9 2349611 or 234 9 6703586.

b.      Full details of any Munitions of War and/or Forbidden Goods, and their intended destination are to
         be included.

            c.      Details of any VIP on board are to be provided.

d.      Photographic imagery or electronic surveillance equipment is not to be carried without prior
         authorization. The reference of such authorization (requested for separately in writing) must be
         stated in the Request Form.

            e.     The validity period of the DFC is 72 hours from the requested time of arrival.  A new request must
        be filed for flights delayed outside this period.

f.      Notwithstanding the entries in the “Facilities Required Section” of the Request Form, all
        administrative arrangements with the airfield of arrival are the responsibility of the originator of
        the DFC request.

Block Clearances  Nigeria has bilateral arrangements with some countries to provide Block Clearances to government aircraft on an annual basis.  Such countries, however, are required to apply for DFC for flights which involve:

a.       Munitions of War.

            b.       Forbidden Goods.

            c.       VIPs (only when landing in Nigeria).

LEGAL AND REGULATORY REQUIREMENT

All aircraft, crews and passengers, overflying or landing in the Federal Republic of Nigeria must abide by the criminal and civil laws of Nigeria, and comply with all relevant air safety, cargo, air traffic, customs and immigration regulations and procedures.  Criminal and other sanctions will be applied to aircraft, crew and passengers who breach Nigerian criminal or civil law and relevant regulations.  The granting of DFC does not constitute permission to engage in any conduct, which would risk placing Nigeria in breach of its fundamental obligations and/or would amount to a misuse of civil aviation for any purpose inconsistent with the Chicago Convention in accordance with Article 4.

CONFIDENTIALITY
 

The Nigerian Air Force will regard information on individual flights provided through the DFC procedures as confidential, though we reserve the right to publish generic and statistical information.  This may include the number of applications from each country and the number of flights conveying VIPs and munitions of war.  It will not include information on the identities of VIPs on particular flights, or the nature of the munitions being carried.  Exceptions to the observance of the confidentiality of these information include directives from appropriate judicial/legal proceedings, statutory obligations or whenever it is perceived that there is legitimate public interest in the release of detailed information on particular flights.  The Nigerian Air Force shall consult with the relevant Embassy or High Commission prior to release of the information.

EFFECTIVE DATE
 

These new procedures for DFC requests come into effect on 1 October 2007.  

                      BG DANBABA

Abuja                                                                                                                          Air Vice Marshal

September 2007                                                                                                           for Chief of the Air Staff

Download Diplomatic Overflight/ Landing Clearance Request Form.