Legislation

The amounts of passenger facility charges (formerly departure tax charged to the passengers) and the tariffs of the landing and parking fees (charged to the airline companies) to be levied have been determined based on article 3, second paragraph of the National Ordinance passenger facility charges, (Official Gazette 2013, no. 75) and article 8, second paragraph of the National Ordinance on landing and parking fees (Official Gazette 2013, no. 74).

• National Ordinance on landing and parking fees, (Official Gazette 2013, no. 74 (C.T))
• National Ordinance on passenger facility charges, (Official Gazette 2013, no. 75 (C.T))

Implementing regulations

In connection with the establishment of Curaçao and since the regulating authority is to be exercised on a national level since 2010, delegation of the authority to set tariffs was required. This refers to delegation of the authority to:

• Adopt the tariffs for passenger facility charges, landing and parking fees
• Adopt rules regarding the points of departure and the calculation method to determine the passenger facility charges, landing and parking fees

Based on the resolution of the Council of Ministers, BT&P is charged with the development of methodologies to calculate these tariffs and render advice to the government of Curaçao regarding the adoption of these tariffs and the preparation of the required laws and regulations in this field.

Implementing regulations have been adopted in order to fill the legal frameworks for the powers delegated to BT&P. These implementing regulations are listed for perusal here below:

• National Decree methodology of determination passenger facility charges and landing and
  parking fees (P.B. 2018, no. 1)
• National Decree methodology of determination passenger facility charges and landing and
  parking fees (P.B. 2019, no. 67)
• Ministerial regulation adoption passenger facility charges, (Official Gazette 2012, no. 81)
• Ministerial regulation adoption landing and parking fees, (Official Gazette 2012, no. 82)

The national decree, constituting general measures, contains the rules regarding the principles and method for the determination of these tariffs. Also, the procedure to come to a periodic revision of the tariffs is laid down herein.

In the ministerial regulation the amounts that may be levied have been adopted.

Furthermore CAP has been designated by the two following national resolutions as the entity which levies and collects the passenger facility charges and the landing and parking fees, to wit:

• National Resolution regarding the levy and collection of landing and parking fees, (Official Gazette 2013, no. 72)
• National Resolution regarding the levy and collection of facility charges,(Official Gazette 2013, no. 73)

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