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DECLARATIONS
LODGED BY THE ISLAMIC REPUBLIC OF PAKISTAN UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

 

 

(i) Form No. 1 (Specific declaration under Article 39(1)(a))

 

Pakistan declares that the following categories of non-consensual right or interest:

 

(a) a right or interest in respect of an aircraft which, if the aircraft had been a vessel, would have resulted in a maritime lien on the aircraft and its equipment for (A) salvage and (B) damage done by that Aircraft;

 

(b) liens in favour of any state entity relating to unpaid taxes or other charges directly related to the use of that aircraft and owed by the owner of the aircraft;

 

have priority under its law over an interest in an object equivalent to that of the holder of a registered international interest and shall have priority over a registered international interest, whether in or outside insolvency proceedings.

 

 

(ii) Form No. 4 (General declaration under Article 39(1)(b))

 

Pakistan declares that nothing in the Convention shall affect its right or that of any entity of that State, any intergovernmental Organization or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to Pakistan, any such entity, Organization or provider directly relating to the services provided by it in respect of that object or another object.

 

 

(iii) Form No. 5 (General declaration under Article 39(4))

 

Pakistan declares that a right or interest of a category covered by a declaration made under Form No. l shall have priority over an international interest registered prior to the date of the deposit of its instrument of accession.

 

 

(iv) Form No. 6 (Declaration under Article 40))

 

Pakistan declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges of any type whatsoever (which is not a priority non-consensual right or interest)

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

(v) Form No. 10 (General declaration under Article 52)

 

Pakistan declares that the Convention is to apply to all its territorial units.

 

 

(vi) Form No. 11 (Declaration under Article 53)

 

Pakistan declares that the following court(s):

 

The High Court of Balochistan;

 

The Lahore High Court;

 

The Peshawar High Court; and

 

The High Court of Sindh

 

Within their respective territorial jurisdiction, are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention.

 

 

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

 

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.

 

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Declarations lodged by the Islamic Republic of Pakistan under the Aircraft Protocol

 

 

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