Subject: Membership Classes And Qualifications

Original Policy: June 11, 1993
Revised Policy: 28 September 2007
Governing Board Approval: 28 September 2007

Membership on the Council
Membership in the Council is available only to an organization, or a defined subgroup or committee thereof, which is recognized as principally representing the interests of companies operating aircraft for the purpose of carriage of passengers or goods as an aid to the conduct of their business, flown for purposes generally considered not for public hire and piloted by individuals having, at the minimum, a valid commercial pilot license with an instrument rating.‘ (Additional information is contained in the IBAC By-Laws)

There are two classes of members, National and Regional.
Each National Member must be an independent organization which represents the interests of companies within a specified nation, and there is only one National Member from any nation. Among the primary purposes of the Council is the encouragement of formation of independent national organizations which could qualify for membership.
Regional Members are recognized by the National Members as principally representing the interests of companies drawn from a number of specified nations that comprise a geographical region defined by the Council's Governing Board. Regional Members must have at least one member company in each nation within the region for which it is granted recognition by the Governing Board.
It is understood that national organizations may become established within regions represented by Regional Members and in such cases the Council will consider and act upon membership applications from the national organizations.

Agreements between Regional and National Associations
Where National Associations exist within the boundaries of a Regional Association there will generally be a need to establish Agreements between the parties to maximize the benefits to business aviation as a whole. An IBAC Council objective per IBAC By-Laws says that “…..it is a purpose of the Council to bring operators of business aircraft into closer, mutually supportive personal and institutional relationships.” IBAC Members should ensure a harmonious working relationship through either formal or informal Agreements. Agreements can as much as feasible refer to IBAC policies with respect to Communications between Members and Member Classes and Qualifications.
The following principles should be adhered to in the development of such Agreements:

Principles

1. National Associations should have the opportunity to provide representation within the governance structure of the Regional Association.

2. Regional Associations should not actively recruit members from within a State where there is a National Member established, but will not prohibit a company from within a National Member State from joining if all other prerequisites of the Regional association have been met.

3. Regional Members must ensure that member companies from within a National Member area are aware that a National Member exists and that there are benefits of belonging to both organizations.

4. Roles of Associations with respect to representation to government bodies should be specified in the Agreement.

5. Regional Members must ensure that their programmes do not in any way discourage potential business aviation companies from joining National Associations.

6. Funding arrangements such as annual fees or contributions should be established between the Associations and included in the Agreement.

Where Associations experience difficulty in reaching agreement on provisions of the Agreement, IBAC may be requested to serve in an arbitration role, at the request of the relevant Associations.

Clarifications
At the Council's inception clarification was requested of use of the word "independent" as it applied to National Members in the By-Laws, and the following response was spread upon the record with the agreement of all founding members: "The drafters of the By-Laws carefully considered use of the word 'independent' as a qualifying adjective to the word 'National.' Their use of the word was with the intent that it convey 'freedom from government control and freedom from control by any other aviation organization'."

Further, the By-Laws drafters were asked to clarify their conclusion that Regional Members are granted IBAC recognition only for those countries in which they actually have members. The following response was agreed: "The position is based on global political concerns, and with a view toward fairly and workably dealing with the term 'regional' on a worldwide basis. The view seeks to create at the very outset a rule which will be applicable without exception to complex, and possibly controversial, situations in the years to come."

Consult the sources named below for the full, actual language of provisions governing membership criteria.

Source of Policy:
(1) By-Laws, Article II, Section 5, September 14, 1981.
(2) By-Laws, Article IV, Sections 1 and 3, September 14, 1981.
(3) By-Laws, Article V, Section 3, September 14, 1981.
(4) Minutes of a Meeting of Prospective Founding Members, pg 3, Anaheim, September 13, 1981.
(5) POC Meetings 16 and 17 (2006 and 2007) and Governing Board Meetings 45 and 46 (2007) refer. See Minutes of meetings.