DECLARATIONS

LODGED BY THE FEDERATIVE REPUBLIC OF BRAZIL UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION IN RESPECT THEREOF

[The original version of these declarations was submitted in Portuguese. This official English-language version of the declarations is a translation provided by the Government of the Federative Republic of Brazil.]
(i) Declaration under Article 39, paragraph 1, a

The Federative Republic of Brazil declares that:

all categories of non-consensual right or interest which under the Laws of the Federative Republic of Brazil have or come to have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest, whether within the scope of insolvency proceedings or not.

(ii) Declaration under Article 39, paragraph 1, b

nothing in this Convention shall affect the right of the Federative Republic of Brazil or any of its entities, intergovernmental organization of which the Federative Republic of Brazil is a Member State, or other private provider of public services in the Federative Republic of Brazil to arrest or detain an object under the laws of the State for payment of amounts owed to any such entity, organization, or provider directly relating to those services in respect of that object or another object.

(iii) Declaration under Article 39, paragraph 4

a right or interest of a category covered by a declaration made under Article 39, sub-paragraph a of paragraph 1, shall have priority over an international interest registered prior to the date of the instrument of accession.

(iv) Declaração under Article 53

The Federative Republic of Brazil declares that all of the competent courts of the Federative Republic of Brazil, as determined in accordance with the laws and regulations of the judicial system of the Federative Republic of Brazil, are the relevant court(s) for the purposes of Article 1 and Chapter XII of this Convention.

(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.


DECLARATIONS

LODGED BY THE FEDERATIVE REPUBLIC OF BRAZIL UNDER THE AIRCRAFT PROTOCOL AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION IN RESPECT THEREOF

[The original version of these declarations was submitted in Portuguese. This official English-language version of the declarations is a translation provided by the Government of the Federative Republic of Brazil.]
(vi) Declaration under Article XXX, paragraph 1, with respect to Article VIII

The Federative Republic of Brazil declares that it will apply Article VIII.

(vii) Declarations under Article XXX, paragraph 2, in regard to Article X with respect to its full application

The Federative Republic of Brazil declares that it will apply Article X wholy and that the number of working days for the purposes of the periods established in Article X, paragraph 2, shall be, with respect to the legal remedies provided for in Article 13, paragraph 1, a, b, c, d, and e of the Convention (preservation of the object and its value; possession, control, or custody of the object; immobilization of the object; lease or management of the object and the income therefrom; sale and application of the proceeds of the sale), ten (10) calendar days for the court proceeding in connection with the legal remedies provided for in Article 13, paragraph 1, a to c, and thirty (30) calendar days for the court proceeding in regard to the exercise of the legal remedies provided for in Article 13, paragraph 1, d and e.

(viii) Declaration under Article XXX, paragraph 3, with respect to Article XI

The Federative Republic of Brazil declares that it will apply the entirety of Article XI, Alternative A, to all insolvency proceedings, and that the waiting period for the purposes of Article XI, paragraph 3, of this Alternative shall be thirty (30) calendar days.

(ix) Declaration under Article XXX, paragraph 1, with respect to Article XII

The Federative Republic of Brazil declares that it will apply Article XII.

(x) Declaration under Article XXX, paragraph 1, with respect to Article XIII

The Federative Republic of Brazil declares that it will apply Article XIII.

(xi) Declaration under Article XIX, paragraph 1, providing for the designation of mandatory entry points for the transmission of information on registrations in respect of airframes and helicopter frames and optional entry points for the transmission of information on registrations in respect of aircraft engines to the International Registry.

A The Federative Republic of Brazil declares that:

(a) The National Civil Aviation Agency of the Federative Republic of Brazil, acting through the Brazilian Aeronautical Registry, shall be the entry point from which there shall be transmitted – and in the case of aircraft engines may be transmitted – to the International Registry information related to international transactions with respect to airframes pertaining to civil aircraft, helicopters or civil aircraft registered in the Federative Republic of Brazil;

(b) the requirements related to the Registry, established by the Brazilian laws and regulations, shall be fully complied with, prior to the transmission of any information from the Brazilian Aeronautical Registry to the International Registry.


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