DECLARATIONS

LODGED BY THE UNITED MEXICAN STATES UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION IN RESPECT THEREOF

1. 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.

2. Pursuant to Article 39 paragraph 1 of the Convention:

a) all categories of non-consensual rights or interests which under United Mexican States law has and will in the future 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; and

b) nothing in the Convention shall affect the right of the United Mexican States or that of any entity thereof, any intergovernmental organization in which the United Mexican States is a member State, or other private provider of public services in its territory to arrest or detain an object, given in interest under Mexican law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object, according to the Mexican law.

3. The United Mexican States declares that the Convention shall not apply to a transaction which is an internal transaction in relation to itself with regard to all types of object, subject to Article 50.

4. For the purposes of Article 1 and Chapter XII of the Convention, the relevant courts will be the courts legally constituted and invested with the Mexican Judicial Power.

5. In accordance with Article 60 paragraph 1, the Convention will not be applicable to the pre-existing rights or interests as defined in Article 1 subparagraph v) of the Convention, constituted prior to the date of the entrance into force for the United Mexican States of this international instrument, consistent with its national law. Those rights and interests will retain the priority they enjoyed under Mexican law prior to that date.


DECLARATIONS

LODGED BY THE UNITED MEXICAN STATES UNDER THE AIRCRAFT PROTOCOL AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION IN RESPECT THEREOF

1. The United Mexican States declares that it will apply Article VIII of the Protocol.

2. In accordance with Article XI, the United Mexican States will apply Alternative B in its entirety to all types of insolvency proceeding and that the time-period for the purposes of Article XI subparagraph 2) shall be the time-period expressly indicated by the Parties in the corresponding contract consistent with the applicable law, and shall commence not earlier than the tie when the insolvency administrator or the debtor receives the creditor’s request under Article XI subparagraph 2) of that Alternative.

3. For registration in respect of airframes or helicopters pertaining to aircraft of the United Mexican States or aircrafts to become a civil aircraft of the United Mexican States, the Mexican Aeronautical Record is the entry point to the International Registry, and in respect of aircraft engines, may be the entry point to said Registry.

4. In accordance with Article XXX:

a) The United Mexican States declares that it will apply Article VIII of the Protocol.

b) The United Mexican States will apply in its entirety the Alternative B of Article XI of the Protocol to all types of insolvency proceedings, consistent with the national public order.


[ www.unidroit.org | English language homepage | Declarations - Main Page |
Status Report - 2001 Mobile Equipment Convention | Status Report - 2001 Aircraft Protocol ]