This memorandum refers to the principles and provisions of the International Civil Aviation Convention signed in Chicago on December 7, 1944, without prejudice to existing bilateral air service agreements.

Whereas the decisions of the ICAO General Assembly No. (A39-12) issued on October 6, 2016, urge member states to develop sustainable solutions to fully exercise their responsibilities in the field of air safety oversight, which can be achieved through resource sharing, and the use of internal and/or external resources, such as regional organizations, sub-organizations, and the expertise of other states.

Whereas the decisions of the International Civil Aviation Organization General Assembly No. (A39-14) issued on October 6, 2016, include the following:

• – Urging member states to develop and lead regional and sub-regional cooperation to enhance the highest level of aviation safety.

• – Encouraging member states to establish partnerships with other states, industry, financial institutions, and other partners in the field of aviation safety to enhance air safety oversight capabilities, in order to improve state responsibilities and promote a safer international civil aviation system.

• – Encouraging member states to enhance the establishment of regional or sub-regional partnerships to cooperate in finding solutions to common problems to enhance the state's capacity for air safety oversight, and to participate in or provide tangible support to enhance and support regional and sub-regional aviation safety and air safety oversight bodies, including Regional Safety Oversight Organizations (RSOOs).

Whereas the establishment of Regional Aviation Safety Groups (RASGs) aims to identify goals, priorities, and indicators, as well as to set measurable objectives to address deficiencies related to air safety in each region while ensuring consistency of procedures and coordination of efforts.

Whereas it is acknowledged that the development and implementation of the State Safety Program (SSP) is one of the main challenges facing states.

Whereas it is acknowledged that not all member states have the necessary human, technical, and financial resources to adequately conduct air safety oversight and ensure the development and implementation of an effective State Safety Program (SSP).

With acknowledgment of the recognition contained in Annex (19) of the International Civil Aviation Organization regarding regional organizations for air safety oversight and their role concerning state safety management functions.

Whereas the General Assembly of the Arab Civil Aviation Organization (ACAC) 16/(GA), which convened in Rabat, the capital of the Kingdom of Morocco, from May 16 to 18, 2012, approved by its decision No. (5) a study on the establishment of a regional air safety oversight organization for the Arab Civil Aviation Organization and ICAO member states in the Middle East.

Whereas the joint workshop between the Arab Civil Aviation Organization (ACAC) and the International Civil Aviation Organization (ICAO) on regional air safety oversight programs (Rabat, December 10-12, 2012) established a strategy for the creation of a regional air safety oversight organization.

Whereas the Arab Civil Aviation Organization (ACAC) – Executive Council 42/(EC), Rabat, Morocco, December 17-18, 2012, through decision No. (4), approved the strategy for the establishment of a regional air safety oversight organization for the benefit of the Arab Civil Aviation Organization and ICAO member states in the Middle East.

Whereas the second meeting of the Directors General of Civil Aviation of Middle Eastern States (DGCA- 2/MID) (Jeddah, May 20-22, 2013) endorsed the strategy and agreed that the International Civil Aviation Organization supports the Arab Civil Aviation Organization in conducting a study on the establishment of a regional air safety oversight organization for the Middle East and North Africa (MENA RSOO), and it was noted that during the third meeting of the Directors General of Civil Aviation of Middle Eastern States (3/DGCA-MID) (Doha, April 27-29, 2015), nine (9) countries signed a memorandum of intent to establish the regional air safety oversight organization for the Middle East and North Africa.

Whereas it is noted with appreciation that the Kingdom of Saudi Arabia has confirmed its hosting of the permanent headquarters of the regional air safety oversight organization for the Middle East and North Africa (MENA RSOO) and providing financial and technical support for the first two years of operations, which was announced during the third meeting of the Directors General of Civil Aviation of Middle Eastern States, and the Arab Civil Aviation Organization (General Assembly 23/(GA), Jeddah, May 18-19, 2016) and the Global Aviation Ministerial Summit (Riyadh, Kingdom of Saudi Arabia, August 29-31, 2016).

It is mentioned that the Global Aviation Ministerial Summit (Riyadh, Kingdom of Saudi Arabia, August 29-31, 2016) recommended the following:

• Recommendation for the regional air safety oversight organization for the Middle East and North Africa.

  • 1. Encourage states and stakeholders to support the rapid establishment of the organization.

  • 2. Provide voluntary cash and/or in-kind contributions (seconded staff, etc.).

• Whereas the fourth meeting of the Directors General of Civil Aviation of Middle Eastern States (MID/4-DGCA) (Muscat, Oman, October 17-19, 2017) endorsed the proposals of the Kingdom of Saudi Arabia and agreed on the following conclusion:

• Conclusion 4/5 – Method of establishing the regional air safety oversight organization for the Middle East and North Africa.

  • A- The management of the organization's affairs shall be subject to a steering committee composed of member states of the organization, and both the International Civil Aviation Organization and the Arab Civil Aviation Organization will be part of the steering committee.

  • B- The steering committee shall decide all details related to the establishment and operation of the organization (organization, funding, etc.).

  • C- The Kingdom of Saudi Arabia (the host state) is invited to organize the first meeting of the steering committee of the organization as soon as possible.

• It is noted that during the General Assembly meeting of the Arab Civil Aviation Organization (GA/24) (ACAO) (Rabat, Morocco, May 9-10, 2018), the Kingdom of Saudi Arabia reaffirmed its commitment to support the establishment of the organization by hosting its permanent headquarters and providing financial and material support to expedite its establishment.

• The organization will be an effective means to rectify deficiencies in air safety and enhance air safety oversight capabilities in an effective, collaborative, and sustainable manner through resource sharing, goals, strategies, and activities.

• Whereas the establishment of the organization will lead to the effective implementation of State Safety Programs (SSP) and enhance air safety oversight capabilities and compliance with international requirements.

• It is referred to that the study proposals regarding the establishment of the regional air safety oversight organization for the Middle East and North Africa called, among other things, for the states committed to establishing the organization to sign a memorandum of intent, after which the organization will be established based on a memorandum of agreement that will be binding on all signatories and will grant the organization legal personality.

• Currently, the member states of the regional air safety oversight organization for the Middle East and North Africa are as signed in Annex No. (1).

Agreed as follows:

Agreement: means the Agreement of the Regional Organization for the Safety Oversight of Civil Aviation in the Middle East and North Africa and any annex, attachment, or amendment to this Agreement.

Organization (MENA RSOO): means the Regional Organization for the Safety Oversight of Civil Aviation in the Middle East and North Africa.

Member States: means the member states of the organization as signatories to this Memorandum of Agreement, and the member states will be from the member states of the Arab Civil Aviation Organization and the International Civil Aviation Organization (ICAO) in the Middle East – Cairo Office.

Steering Committee: means the Executive Committee of the Regional Organization for the Safety Oversight of Civil Aviation in the Middle East and North Africa as the administrative body.

Directors General: means the heads of civil aviation authorities/bodies/departments in the member states.

ICAO: means the International Civil Aviation Organization.

ACAO: means the Arab Civil Aviation Organization.

GASP: the Global Aviation Safety Plan.

SSP: State Safety Program.

RASG: means the Regional Aviation Safety Group.

CORSIA: means the ICAO program for the Carbon Offsetting and Reduction Scheme for International Aviation.

GDP: means the Gross Domestic Product of each member state.

1. The member states, under this Agreement, shall establish the organization.

2. The organization is established based on this Agreement, which is binding on all signatories and grants the organization independent international legal personality.

3. The permanent headquarters of the organization shall be in Riyadh, the capital of the Kingdom of Saudi Arabia, whereby the host country shall bear the responsibility of providing the necessary infrastructure, systems, equipment, and facilities to enable the execution of all the organization's functions. In accordance with the third meeting of the Directors General of Civil Aviation of the Middle East (3/DGCA-MID) and the General Assembly of the Arab Civil Aviation Organization (23/GA), Jeddah, May 18-19, 2016, and the Global Aviation Ministerial Summit (Riyadh, Kingdom of Saudi Arabia, August 29-31, 2016), the first two years of operation require that the Kingdom of Saudi Arabia cover all related costs, while all related costs after the second year shall be covered by the organization's budget, as approved by the Steering Committee and supported by the member states in accordance with Article (15).

4. The organization enjoys the independent legal status that may be necessary to carry out all its functions, as well as the privileges and immunities enjoyed by the organization and its employees in the territories of all member states as specified in Article (17), unless otherwise agreed and ratified by the Steering Committee.

The member states acknowledge that each state has sovereignty and responsibility for the safety of aviation and regulatory oversight within its territory and airspace.

This Agreement governs the cooperation of the member states of the organization in the field of civil aviation safety management and oversight.

1. The main objective of the organization is to support the development and implementation of the state's safety program by member states, enhance the capabilities of states to monitor safety in order to achieve the goals of the Global Aviation Safety Plan and regional priorities and objectives, and improve compliance with international safety requirements.

2. The organization will support the objectives of the General Assembly Resolution (12-39i) "Global Planning for ICAO Safety and Air Navigation".

3. The objectives may be reviewed by a decision of the Committee.

The organization carries out the following tasks and functions in the areas of Personnel Licensing (PEL), Operations (OPS), Airworthiness (AIR), Airports (AGA), and Air Navigation Services (ANS):

• 1. Implementing safety oversight activities, including on-site audits and inspections, while member states retain their sovereign responsibility as stipulated in Article 3.

• 2. Promoting the harmonization of regulations and developing guidance materials.

• 3. Organizing and conducting training operations as required/agreed upon by the member states.

• 4. Undertaking advisory/guidance work and implementing related activities necessary to support the implementation of the State Safety Program as required/agreed upon by the member states.

• 5. Undertaking advisory/guidance work at the request of member states - in the field of aviation sustainability - to facilitate and support member states in planning and implementing environmental protection, including the International Civil Aviation Organization (ICAO) program (CORSIA) and any other relevant goals or standards.

• 6. Performing any other duties or functions as defined by the Steering Committee.

• 7. Coordinating with the International Civil Aviation Organization for the following:

  • - Ensuring consistency between safety oversight activities in the member states of the organization with the objectives and plans of the International Civil Aviation Organization.

  • - Concluding memoranda or agreements for technical cooperation and support with the International Civil Aviation Organization, as deemed appropriate by the Steering Committee.

1. The organization consists of:

• - The Steering Committee, including the elected President and Vice President.

• - The Administrator of the organization.

• - Technical staff and support staff in the areas of employee licensing, flight operations, airworthiness, airports, air navigation services, and any other areas deemed appropriate for the execution of all functions and consulting work of the organization.

• - Other structures and external experts as approved by the organization.

2. The structure of the organization includes the job positions outlined in Appendix (A) of the Memorandum of Agreement.

• - The Administrator of the organization and the technical staff and support staff meet the requirements of the International Civil Aviation Organization in their subject matter and are selected in consultation with the International Civil Aviation Organization, and their contracts will be renewable for a period not exceeding three years, while the first six months will be on a trial basis.

• - The number of technical staff and support staff required is determined by the President of the Steering Committee of the organization in consultation with the Administrator of the organization.

1. The Steering Committee of the organization is the governing body of the organization.

2. The Steering Committee consists of:

• - The member states of the organization, the Directors General of Civil Aviation of the member states or their appointed representatives.

• - The International Civil Aviation Organization, the Regional Director of the Middle East Office, the Director of the Technical Cooperation Bureau (TCB), and the Head of the Coordination and Implementation of Programs Section in the Air Navigation Bureau (ANB/PCI) or their representatives (observers).

• - The Civil Aviation Authority, the Director General or his representative (observers).

• - The Administrative Director of the organization, who also serves as the Secretary for the meetings of the Steering Committee.

• - A representative from the states, agencies, organizations, and industry interested in aviation safety issues in the Middle East and North Africa, invited by the President as an observer.

1. The Steering Committee includes, but is not limited to, the following functions and responsibilities:

• - Electing a President and a Vice President.

• - Reviewing the performance of the organization's annual work plan.

• - Reviewing and approving:

  •  The strategic objectives of the organization.

  •  The business plan and the financial plan.

  •  The annual work plan of the organization.

  •  The annual budget.

• - The annual financial contribution of member states (in-kind contributions from member states may also be considered to offset their annual financial contribution).

• - Identifying any other duties and tasks for the organization within the framework of the Global Aviation Safety Plan that align with the priorities and objectives of regional aviation safety groups.

• - Delegating authority to the President to act on its behalf in making decisions related to the appointment of the organization's Executive Director and experts in consultation with the International Civil Aviation Organization;

• - Delegating authority to the President to sign on behalf of the organization legal, administrative, and financial documents;

• - Formulating policies and setting the organization's priorities;

• - Tasking the Executive Director of the organization to prepare memoranda or agreements for technical cooperation and support with the International Civil Aviation Organization, as appropriate;

• - Reviewing and updating the terms of reference of the organization's Steering Committee as deemed necessary.