Getting FAA Part 107 Certificate Being a non-US Citizen

[aerialmax]

Hello everyone!
I'm simply going to visit the USA and want to take some aerial pictures and videos with my drone(I know there are lots of restricted areas there). I'd like to try sell then my aerial content via let's say microstock agencies and that's why I need to take an FAA aeronautical test and get a Part 107 Certificate (well, because I will actually fly for commercial purposes).
The test is not something hard I believe and everyone can prepare and pass it.

But... I am a non-US citizen (I'm from Moscow). And there's kinda additional thing you have to do to get Part 107 Certificate - submit an application (a form) for foreign air carrier economic licensing to Department of Transportation of the USA.
The information on FAA website regarding this application is not fully comprehensive in my opinion.
I started chatting with FAA via email. They sent me a link to the form I need to fill in and also described the application process.

The link to the form - OST Form 4509 – Application For Foreign Aircraft Permit Or Special Authorization Under Part 375.
And here’s process description from FAA:
“In terms of process, once filed, the application is posted for public comment for 7 business days. In reaching a public interest determination on the application, among other things we ensure that the operator’s homeland Civil Aviation Authority would permit U.S. operators to conduct reciprocal UAS services within its country. Absent such reciprocity, it is unlikely that we would be favorably disposed to grant the application.”
It looks quite complicated. My main concern is about this reciprocity. There’s huge lack of drone laws in Russia even for locals…

I'm also chatting with FAA about this application but decided to ask here as well.
Has anybody went through this application? If so, I'd love to hear about their experience.

 

[BigAl07]

First off WELCOME to the forum. Glad to have you here with us.

The way I understand it (And I'm far from an attorney) is that the LACK of drone laws in your home land is a plus. If they would allow a US drone operator to fly in your country (lack of laws might mean yes??) then that could weigh in your favor.

Good luck and I hope you enjoy your trip to USA.

 

[aerialmax]

First off WELCOME to the forum. Glad to have you here with us.

The way I understand it (And I'm far from an attorney) is that the LACK of drone laws in your home land is a plus. If they would allow a US drone operator to fly in your country (lack of laws might mean yes??) then that could weigh in your favor.

Good luck and I hope you enjoy your trip to USA.

Thank you! Unfortunately I'm still in a tough process of figuring out of all these things.
Just wanna make sure, I definitely need part 107 certificate to sell stock footage captured on US territory, right? Even if I'm a non-US citizen. I mean, I can't to do this business without certificate, fines are hefty and I suppose selling without 107 can be harmful for other participants of a deal as well, not for me only.

 

[BigAl07]

Thank you! Unfortunately I'm still in a tough process of figuring out of all these things.
Just wanna make sure, I definitely need part 107 certificate to sell stock footage captured on US territory, right? Even if I'm a non-US citizen. I mean, I can't to do this business without certificate, fines are hefty and I suppose selling without 107 can be harmful for other participants of a deal as well, not for me only.

If you are FLYING a sUAS for anything but hobby flights in the United States Airspace you'll need to get a Part 107. Selling the "Stock Footage" is a byproduct of your flying "Commercially" in the USA.

Look at it like this... the INTENT/PURPOSE of the flight is what matters. You're flying in order to gather data that is not hobby/recreational in nature so in the US of A you would need to have your Part 107.

I hope this helps.
Allen

 

[aerialmax]

Just if someone is curious or will have the same questions: the department of transportation answered me they can't register my foreign UAS because there's no mentioned reciprocity between Russia and the U.S.

Honestly that looks reasonably. But looks like there's no way to fly your drone under part 107 if you're a foreigner and that reciprocity hasn't been established between foreigner's homeland and the U.S.

 

[dawgpilot]

Have you considered having a US citizen / permanent resident friend register the drone for you? Seems like if you had someone willing to register it for you, you could still legally fly it, assuming you had a Part 107 Remote Pilot certificate while operating it. (in theory the drone would need to be unregistered in Russia before being registered in the USA as well.)

 

[BigAl07]

Have you considered having a US citizen / permanent resident friend register the drone for you? Seems like if you had someone willing to register it for you, you could still legally fly it, assuming you had a Part 107 Remote Pilot certificate while operating it. (in theory the drone would need to be unregistered in Russia before being registered in the USA as well.)

I'd say you may not want to "fudge" legal documents with the Govt.

Here's what I'd possibly do.... "sell" them the sUAS (small fee) and let them register it in their name legally. Then when you're ready to go home "buy" it back from them and have them UNregister it in their name.

This way IF something happens and their is an incident all of your ducks are in a row and it doesn't look like you're committing FRAUD with the US Govt.

 

[PDX Drones]

The FAA answers this question in its FAQs on its website:

"How can non-US citizens fly UAS for commercial purposes in the United States?
Non-U.S. citizens who want to fly for commercial purposes may do so under the Small UAS rule (Part 107) by getting a Remote Pilot Certificate (RPC) issued by the FAA. The FAA does not currently recognize any foreign Remote Pilot Certificate or equivalent because globally-recognized RPC standards have not yet been developed. To obtain an FAA-issued RPC, they must submit an application for foreign air carrier economic licensing. Application instructions are specified in 14 C.F.R. Part 375 (XML) and should be submitted by electronic mail to the Department of Transportation (DOT) Office of International Aviation, Foreign Air Carrier Licensing Division. Additional information is available at Foreign Air Carrier Economic Licensing."

Unmanned Aircraft Systems (UAS) Frequently Asked Questions

 

[aerialmax]

I'd say you may not want to "fudge" legal documents with the Govt.

Here's what I'd possibly do.... "sell" them the sUAS (small fee) and let them register it in their name legally. Then when you're ready to go home "buy" it back from them and have them UNregister it in their name.

This way IF something happens and their is an incident all of your ducks are in a row and it doesn't look like you're committing FRAUD with the US Govt.

Can you please clarify here about selling sUAS and buying it back?
Do you mean that there might be a possibility to ask an US-citizen friend to apply for foreign air carrier economic licensing to US Department of Transportation (instead me)?
But I guess an applicant must be the same person who then will pass Part 107 aeronautical test (once the application will be approved by Department of Transportation).
Well I know this is all a bit complicated, just want to understand what did you mean