DECLARATIONS DEPOSITED UNDER THE  CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 40

 

 

Afghanistan

 

The Islamic Republic of Afghanistan 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 -

 

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

 

 

Angola

 

The Republic of Angola 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

 

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

 

 

Bahrain

 

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

 

The Kingdom of Bahrain 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;

 

(b) liens to other rights of the Government of the Kingdom of Bahrain relating to taxes of other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention); and

 

(c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention

 

Shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Bangladesh

 

The People’s Republic of Bangladesh declares that the following categories of non-consensual rights or interest shall be registerable under the Convention as regards any category of aircraft objects as if the right or interest were an international interest and shall be regulated accordingly, namely

 

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

 

(b) liens or other rights of an authority of Bangladesh relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and

 

(c) liens in favour or airline employees for unpaid wages arising prior to the time declared default by that airline under a contract to finance or lease an aircraft object;

 

 

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

 

The Republic of Cameroon declares that the following non-consensual rights or interests:

 

(a) the rights flowing from the arrest of an aircraft object in partial or complete performance of a judgment;

 

(b) the right enjoyed by a State entity under fiscal liens or by reason of other unpaid dues of any kind (which are not the subject of the declaration made under Article 39(1)(a) of the Convention; and

 

(c) any other category of non-consensual right or interest which is not the subject of the declaration made under Article 39(1)(a) of the Convention,

 

shall be registrable in the International Registry as if these rights or interests were international interests and shall be regulated accordingly.

 

 

Cape Verde

 

Form No. 6 (Declaration under Article 40)

 

The Republic of Cape Verde declares that the following non-consensual rights or interests:

 

(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

 

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.

 

 

China

 

2. Declaration under Article 40 of the Convention: Rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement shall be registrable non-consensual rights or interests.

 

 

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

 

 The Republic of Congo declares that the following non-consensual rights or interests:

 

(a) the rights flowing from the arrest of an aircraft object in partial or complete performance of a judgment;

 

(b) the right enjoyed by a State entity under fiscal liens or by reason of other unpaid dues of any kind (which are not the subject of the declaration made under Article 39(1)(a) of the Convention; and

 

(c) any other category of non-consensual right or interest which is not the subject of the declaration made under Article 39(1)(a) of the Convention,

 

shall be registrable in the International Registry as if these rights or interests were international interests and shall be regulated accordingly.

 

 

Democratic Republic of the Congo

 

Article 40

 

The Democratic Republic of the Congo declares that any non-consensual rights or interests arising from the arrest of the aircraft object in partial or full satisfaction of a legal judgment, shall be registrable under the Convention as if these rights or interests were international interests, and shall be regulated accordingly.

 

 

Denmark

 

Pursuant to Article 40 of the Convention the Kingdom of Denmark declares that the following categories of non-consensual rights or interests shall be registrable under the Convention as if the right or interest were an international interest and shall be regulated accordingly:

 

1. Rights stemming from a court order permitting attachment of an object covered by the Convention in partial or full satisfaction or of a legal judgment; and

 

2. Notifications of bankruptcy orders when the bankruptcy estate includes objects covered by the Convention in order to protect the rights of the bankruptcy estate.

 

 

Ethiopia

 

Registrable non-consensual right under Article 40 of the Convention:

 

• Right of Judgment creditors.

 

 

India:

 

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

 

The following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly, namely:-

 

(a) liens in favour of airline employees for unpaid wages arising prior to the time of a declared default by that airline under a contract to finance or lease an aircraft object;

 

(b) liens or other rights of an authority of India relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and

 

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

 

 

Indonesia

 

Indonesia declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:

 

a. liens in favour of airline employee for unpaid wages arising prior to the time of a declared default under a contract to finance or lease aircraft object;

 

b. liens or other right of an authority of Indonesia relating to taxes or other unpaid charges arising from or related to the use of an aircraft object, and arising prior to the time of a declared default under a contract to finance or lease that aircraft object; and

 

c. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement.

 

 

Kazakhstan

   

Form No. 6 (Declaration under Article 40) *

 

The Republic of Kazakhstan declares that the following categories of non-consensual right or interest:

 

c) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment, which entered into force;

 

d) lines or other rights of a state entity relating to ensure payment of a tax debt or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39 (1) (a) of the Convention); and 

 

e) any other non-consensual right or interest which is not covered by the declaration under Article 39 (1) (a) of the Convention,

 

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

 

* [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. 6 (Declaration under Article 40)

The Republic of Kazakhstan declares that the following categories of non-consensual right or interest:

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

d) liens or other rights of a state entity relating to taxes or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39 (1) (a) of the Convention); and

e) any other non-consensual right or interest which is not covered by the declaration under Article 39 (1) (a) of the Convention,

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

 

 

Kenya

 

Kenya declares that the following category of non-consensual right or interest; rights of judgment creditors;

 

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

 

 

Malawi

 

Form No. 6 (Declaration under Article 40)

 

The Republic of Malawi declares that consensual rights or rights of judgment creditors are a category of non-consensual rights or interests and shall be registerable under the Convention as regards any category of object as if the rights or interests were an international interest and shall be regulated accordingly.

 

 

Malaysia

 

Malaysia declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:

 

a. liens in favour of airline employees for unpaid wages arising prior to the time of a declared default by that airline under a contract to finance or lease an aircraft object;

 

b. liens or other rights of an authority of Malaysia relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, and arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and,

 

c. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment.

 

 

Malta

 

Pursuant to Article 40 of the Convention, it is declared that the following categories of non-consensual right or interest;

 

1. taxes, duties and/or levies due to the Government of Malta in respect of the aircraft; and

 

2. wages and expenses for assistance or recovery in respect of the aircraft,

 

shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Mozambique

 

Form No. 6 (Declaration under Article 40)

 

The Republic of Mozambique declares that the categories of controversial rights or interests:

 

(a) Rights of a person that has obtained a judicial decision which allows for an annexation of an airplane object for total or partial satisfaction of a judicial ruling;

 

(b) Credits or other rights of a government entity related with taxes or other not paid duties 

 

must be registered under the Convention with regard any of object, as if the right was an international right, and being governed accordingly.

 

 

Myanmar

 

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

 

Myanmar 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 others rights of a State entity relating to taxes or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention); and

 

c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention

 

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.

 

 

Nigeria

 

The Federal Republic of Nigeria 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 judgement;

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges;

 

(c) liens of a salvor for unpaid charges in respect of salvage services provided to an aircraft object when it is water borne;

 

(d) liens of a person providing towage services to an aircraft object when it is water borne in respect of unpaid charges and

 

(e) liens of a bailee of an aircraft object in respect of unpaid charges for the bailment of the said aircraft object,

 

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

 

* [This declaration was notified to UNIDROIT by 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.]

 

 

Norway

 

Pursuant to Article 40 of the Convention Norway 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 judgement; and

 

b. liens or other rights of a state entity relating to taxes or other unpaid charges

 

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.

 

 

Oman

 

The Sultanate of Oman 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;

 

(b) liens in favor workers for unpaid wages arising prior to the time of a declared default under a contract to finance or lease the subject object;

 

(c) liens or other rights of a state entity relating to taxes or other unpaid charges prior to the time of a declared default under a contract to finance or lease the subject object;

 

(d) all other non consensual rights or interests which under the law of the Sultanate of Oman could have priority over the rights of secured creditors –

 

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

 

 

Pakistan

 

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.

 

 

Rwanda

 

The Republic of Rwanda 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 covered by the declaration under Article 39(1)(a) of the Convention); and

 

(c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention – 

 

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

 

 

 San Marino

 

Declarations under Article 40

 

Pursuant Article 40 of the Convention, the Republic of San Marino 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 judgement; and 

 

(b) liens in favour of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object 

 

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.

 

 

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

 

The Republic of Senegal declares that the following non-consensual rights or interests:

 

(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

 

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.

 

 

Sierra Leone

 

Opt-in declaration under Article 40

 

The Republic of Sierra Leone declares that consensual rights or rights of judgment creditors are a category of non-consensual rights or interests and shall be registerable under the Convention as regards any category of object as if the rights or interests were an international interest and shall be regulated accordingly.

 

 

South Africa

 

The Republic of South Africa 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-

 

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

 

 

Spain: [Official translation; original version submitted in Spanish]

 

Declaration pursuant to Article 40:

 

The Kingdom of Spain declares that the following categories of non-consensual right or interest: 

 

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

 

b) liens or other rights of a State entity relating to taxes or other unpaid charges 

 

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. *

 

*[On 27 November 2015, the Government of the Kingdom of Spain notified to UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of a subsequent declaration and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 June 2016.]

 

 

Sweden

 

Declaration under Article 40

 

The Kingdom of Sweden declares that for purposes of Article 40 of the Convention a non-consensual right or interest arising under Swedish law in which an object is subject to attachment or seizure (including provisionally), 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.

 

 

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

  

Article 40 *

 

The Togolese Republic declares that the following non-consensual rights or interests:

 

a) rights arising from the seizure of the aircraft in partial or complete satisfaction of a court order;

 

b) liens or other rights of a State entity relating to taxes or other unpaid charges (which are not subject to the declaration made under Article 39(1)(a) of the Convention); and,

 

c) any other category of non-consensual rights or interests that are not subject to the declaration made under Article 39(1)(a) of the Convention and which are capable of being registered in the International Registry as if they were an international interest and capable of being treated as such;

 

Shall be registrable under the Convention in respect of any category of aircraft object as if the right or interest was an international interest and shall be regulated accordingly.

 

* [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

 

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

 

The Republic of Turkey declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:

 

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.

 

 

United Arab Emirates

 

The United Arab Emirates 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 judgement;

 

(b) liens in favour of workers for unpaid wages arising prior to the time of a declared default under a contract to finance or lease the subject object;

 

(c) liens or other rights of a state entity relating to taxes or other unpaid charges arising (d) all other nonconsensual rights or interests which under the law of the United Arab Emirates could have priority over the rights of secured creditors –

 

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.

 

 

Viet Nam

 

The Socialist Republic of Viet Nam declares that the following non-consensual rights or interests: the right of a person who has obtained a court order to arrest or detain an aircraft object in partial or in full to satisfy a court’s judgment, and the right to arrest or detain an object or any other rights of any State entity under its national laws in relation to a payment of unpaid amounts of taxes or fees owed to it 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.

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