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DECLARATIONS DEPOSITED UNDER THE  CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 54(2)

 

 

Afghanistan

 

The Islamic Republic of Afghanistan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Albania

 

(2) Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with Albania’s law, without leave of the court.

 

 

Angola

 

The Republic of Angola declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Australia

 

The Government of Australia declares that, in accordance with Article 54(2), all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.

 

 

Bahrain

 

(iv) Form No. 13 (Mandatory declaration under Article 54(2))

 

The Kingdom of Bahrain declares that all remedies available to the creditor under the Convention or Protocol which are not expressed under the provisions thereof to require application to the court may be required exercised without court action and without leave of the court.

 

 

Bangladesh

 

The People’s Republic of Bangladesh declares that any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Belarus

 

The Republic of Belarus declares that pursuant to paragraph 2 of Article 54 of the Convention on International Interests in Mobile Equipment (hereinafter – Convention) any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Bhutan

 

Form No. 13-A (Mandatory declaration under Article 54(2) applicable to all relevant remedies)

 

The Kingdom of Bhutan declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.

 

 

Brazil

 

(v) Declaration under Article 54, paragraph 2

 

The Federative Republic of Brazil declares that all remedies available to the creditor under any provision of this Convention and the Protocol may be exercised only with the authorization of the Judiciary, with the exception of the remedy provided for in Article XIII of the Protocol, which may be exercised without judicial authorization.

 

 

Cameroon: [Official translation; original version submitted in French]

 

The Republic of Cameroon declares that the remedies available to the creditor under the Convention may be exercised without leave or any action of the court, except in the case of those remedies for which leave of the court is expressly required by the provisions of the said Convention.

 

 

Canada

 

The Government of Canada declares, in accordance with Article 54 of the Convention, that any remedy available to a creditor under any provision of the Convention, the exercise of which does not thereby require application to the court, may be exercised without leave of the court.

 

 

Cape Verde

 

Form No. 13 – Mandatory Declaration under Article 54(2)

 

The Republic of Cape Verde declares that any remedies available to the creditor under the convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

China

 

Declaration under Article 54(2) of the Convention: Any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised only with leave of the court of the PRC.

 

 

Colombia

 

In relation to Article 8 of the Convention, the remedies available to the creditor will be exercised only with leave of the court.

 

 

Congo: [Official translation; original version submitted in French]

 

The Republic of Congo declares that the remedies available to the creditor under the Convention may be exercised without leave or any action of the court, except in the case of those remedies for which leave of the court is expressly required by the provisions of the said Convention.

 

 

Côte d'Ivoire: [Official translation; original version submitted in French]

 

On 10 December 2015, the Republic of Côte d’Ivoire notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of the following subsequent declaration. In accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 July 2016.

 

According to article 54(2) of the Convention on international interests in mobile equipment signed in Cape Town (South Africa) on 16 November 2001.

 

The Republic of Côte d’Ivoire declares that all remedies available to creditors under the Convention whose application, pursuant to the latter, is not subject to authorisation of the judiciary, may only be exercised following intervention of courts.

 

 

Cuba

  

The Republic of Cuba, in accordance with Article 54, section 2 of the Agreement, declares that any resource at the disposition of the creditor, according to any of the stipulations of the Agreement, may be exercised solely with the authorization of the Tribunal.

 

 

Democratic Republic of the Congo

 

Article 54

 

The Democratic Republic of the Congo declares that the remedies available to the creditor under the Convention may be exercised without leave of the courts or tribunals unless the provisions of the Convention expressly requires the creditor to obtain such leave.

  

 

Denmark

 

Pursuant to Article 54(2) of the Convention the Kingdom of Denmark declares that any remedy available to the creditor under any provision of this Convention, which is not therein expressed to require application to the court, may be exercised without leave of the court. 

 

 

Egypt: [Official translation; original version submitted in French

 

In accordance with Article 54(2), the Arab Republic of Egypt declares that "the creditor may use any of the remedies available under any provision of this Convention only pursuant to a decision by the court, if there was no explicit text requiring application to the court".

 

 

Ethiopia

 

Pursuant to Article 54(2) of the Convention, any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court, may be exercised without leave of the court.

 

 

Fiji

  

The Government of the Republic of Fiji declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court. *

 

* [This declaration was notified to UNIDROIT by the Republic of Fiji, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 22 February 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 September 2012.]

 

 

India

 

(vi) Form No. 13 (Mandatory declaration under Article 54(2))

 

Any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Indonesia

 

Indonesia declares that any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Ireland

 

In accordance with subarticle 2 of Article 54 of the Cape Town Convention, it is declared that a creditor who wishes to exercise a remedy that is available to the creditor under a provision of that Convention is not required to make an application to the High Court for leave to exercise that remedy unless the provision expressly requires the creditor to make such an application.

 

 

Jordan

 

The Hashemite Kingdom of Jordan declares that all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provisions thereof to require application to the court may be exercised without leave of court action or other court action.

 

 

Kazakhstan

  

Form No 13. Mandatory declaration under Article 54(2) *

 

The Republic of Kazakhstan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without a court order, judgment or any other judicial act.

 

* [This declaration was notified to UNIDROIT by the Republic of Kazakhstan, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 16 November 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 June 2013.
See text of the previous declaration below.
[On 15 March 2011 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration. In accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 October 2011.
On 16 November 2012 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 58(1) of the Convention, of the withdrawal of its subsequent declaration made on 15 March 2011. The withdrawal took effect on 1 June 2013

Form No 13 (Mandatory declaration under Article 54(2))

The Republic of Kazakhstan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and leave of the court or other court action.]

 

 

Kenya

 

Kenya declares that any remedies available to the creditor under the convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.

 

 

Latvia

 

In accordance with paragraph 2 of Article 54 of the Convention on International Interests in Mobile Equipment (hereinafter – Convention) the Republic of Latvia declares that any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised without court order and without leave of the court.

 

 

Luxembourg: [Official translation; original version submitted in French]

 

The Grand-Duchy of Luxembourg makes the following declarations without prejudice to the future exercise by the European Community of its competencies:

 

- pursuant to Article 54(2) of the Convention, the Grand-Duchy of Luxembourg declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action, unless the intervention of the court is expressly required by the provisions of the Cape Town Convention;

 

 

Malawi

 

Form No. 13 (Mandatory declaration under Article 54(2))

 

The Republic of Malawi declares that any remedies available to a creditor under the Convention which are not expressed under the relevant provision thereof to require application to court, may be exercised without leave of the court.

 

 

Malaysia

 

Malaysia declares that any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Malta

 

Pursuant to subarticle 2 of Article 54 of the Convention, it is declared that all remedies available to the creditor under the Convention or Protocol which are not expressed under the provision thereof to require application to the court, may be exercised without leave of the court or other court action.

 

 

Mexico

 

Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court shall not be exercised, in accordance with the United Mexican States law, without leave of the court.

 

 

Mongolia

 

Mongolia declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Mozambique

 

Form No. 13 (Mandatory declaration under Article 54(2))

 

The Republic of Mozambique declares that any clearing measure available to the creditor, under the terms of the Convention, in relation to which a judicial petition is not required, can be enforced without resorting to court or without a need of any judicial authorization.

 

 

Myanmar

 

(v) Form No. 13 (Mandatory declaration under Article 54(2))

 

Myanmar declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court or other court action.

 

 

Netherlands

 

Pursuant to Article 54, paragraph 2, of the Convention, the Kingdom of the Netherlands declares:

 

All remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with the law of the Netherlands Antilles and the law of Aruba, without the leave of the court.

 

 

New Zealand

 

New Zealand declares, in accordance with Article 54(2), that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.

 

 

Nigeria

 

The Federal Republic of Nigeria declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court. *

 

 

* [This declaration was notified to UNIDROIT by the Government of the Federal Republic of Nigeria, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 March 2007, and in accordance with Article 57(2) of the Convention it took effect on 1 October 2007.
A previous declaration (see below) by the Government of the Federal Republic of Nigeria under Article 54(2) was withdrawn by the Government of the Federal Republic of Nigeria pursuant to Article 58(1) of the Convention. The withdrawal took effect from 1 December 2007.

“Pursuant to Article 54(2) of the Convention, any remedy available to the Creditor under any provision of the Convention which is not there expressed to require application to the Court, may be exercised without leave of the court.”]

 

 

Norway

 

Pursuant to Article 54(2) of the Convention, Norway declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action, unless the intervention of the court is expressly required by the provisions of the Cape Town Convention.

 

 

Oman

 

The Sultanate of Oman declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Pakistan

 

Pakistan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Panama

 

Pursuant to Article 54(2) of the Convention, any remedies available to the creditor under any provision of the Convention and the Protocol which are not there expressed to require application to the court may be exercised without leave of the court.

 

 

Russian Federation

 

Pursuant to paragraph 2 of Article 54, the Russian Federation declares that any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised without application to the courts.

 

 

Rwanda

 

The Republic of Rwanda declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court or other court action.

 

San Marino

 

Declaration under Article 54(2) 

 

Pursuant Article 54(2) of the Convention, the Republic of San Marino declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court or other court action.

 

 

Saudi Arabia: [Unofficial translation; original version submitted in Arabic]

 

The Government of the Kingdom of Saudi Arabia declares that: all remedies available to the creditor under any provision of the Convention shall be exercised only with leave of the Court if there is no express provision requiring the submission of an application to the Court.

 

 

Senegal: [Official translation; original version submitted in French]

 

The Republic of Senegal declares that the remedies available to the creditor under the Convention may be exercised without leave of the court except for the remedies which are expressed under the Convention to require application to the court.

 

 

Sierra Leone

 

Mandatory declaration under Article 54(2) 

 

The Republic of Sierra Leone declares that any remedies available to a creditor under the Convention which are not expressed under the relevant provision thereof to require application to court may be exercised without leave of the court.

 

 

Singapore

 

Form No. 13 (Mandatory declaration under Article 54(2))

 

Singapore declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

South Africa

 

The Republic of South Africa declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Spain

 

Pursuant to article 54.2 of the Convention, Spain declares that all remedies available to the creditor under the provisions of the Convention, the exercise of which is not subordinated by virtue of such provisions to a petition to the court, may be exercised only with leave of the court.

 

 

Sweden

 

Mandatory declaration under Article 54(2) applicable to all relevant remedies

 

The Kingdom of Sweden declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

 

Tajikistan

 

The Republic of Tajikistan declares in accordance with Article 54(2) of the Convention that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.

 

 

Togo: [Official translation; original version submitted in French]

 

Article 54–2 *

 

The Togolese Republic declares that the remedies available to the creditor under the Convention may be exercised without leave of the court except for the remedies which are expressed under the Convention to require application to the court.

 

* [This declaration was notified to UNIDROIT by the Republic of Togo, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 September 2011, and in accordance with Article 57(2) of the Convention it took effect on 1 April 2012.]

 

 

Turkey

 

(v) Form No. 13-A (Mandatory declaration under Article 54(2) applicable to all relevant remedies)

 

The Republic of Turkey declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised, without court action and without leave of the court.

 

 

Ukraine

 

Any remedy available to the creditor under any provision of this Convention which is not there expressed to require application to court may be exercised without leave of court.

 

 

United Arab Emirates

 

The United Arab Emirates declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised only with leave of the court.

 

 

United Kingdom

 

Pursuant to Article 54(2) of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that any remedy available to the creditor in the United Kingdom of Great Britain and Northern Ireland or the territory of Gibraltar, the Cayman Islands or the Island of Guernsey under any provision of the Convention which is not there expressed to require application to the court may be exercised without the leave of the court.

 

 

United Republic of Tanzania

 

The United Republic of Tanzania does hereby declare that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.

 

 

United States of America

 

Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with United States law, without leave of the court.

 

 

Viet Nam

 

The Socialist Republic of Viet Nam declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and leave of the court.

 

 

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