"(1) Pursuant to Article 39 of the Convention –

(A) all categories of non-consensual rights or interests which under Albania’s law have 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 to that extent have priority over a registered international interest, whether in or outside insolvency proceedings; and

(B) nothing in the Convention shall affect the right of the Republic of Albania or that of any entity thereof, any intergovernmental organization in which the Republic of Albania is a member State, or other private provider of public services in the Republic of Albania to arrest or detain an aircraft object under Albania’s 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."

“The Republic of Angola declares that the following categories of non-consensual right or interests 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:

a. Liens in favor of workers on the subject aircraft for unpaid wages arising since the time of a declared default under a contract to finance or lease that subject object;

b. Liens in favor of repairers of an object in their possession to the extent of service performed on and value added to that object.”

"The People’s Republic of Bangladesh declares that the following categories of non-consensual rights or interest have priority under its laws over an interest in an aircraft 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, namely;

(a) liens in favour of airline employees for unpaid wages arising since 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 Bangladesh relating to taxes or other unpaid charges arising from or related to the use of that aircraft object and owed by the owner or operator of that aircraft object, arising since the time of a default by that owner or operator under a contract to finance or lease that aircraft object; and

(c) liens in favor 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

The People’s Republic of Bangladesh declares that nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organization in which Bangladesh is a member, or other private provider of public services in Bangladesh, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of Bangladesh, any such entity, organization or provider directly relating to the service or services provided by it in respect of that aircraft object.”

Form Nº 1- Declaration under Article 39(1)(a)

“The Republic of Cape Verde declares that the following categories of non-consensual right or interest 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:

a. Liens in favor of workers on the subject aircraft for unpaid wages arising since the time of a declared default under a contract to finance or lease that subject object;

b. Liens in favor of repairers of an object in their possession to the extent of service performed on and value added to that object.”

"In respect of Article 39 of the Convention, the employee company rights and fiscal debts will have priority over an international interest registered under this Convention."

“Non-consensual rights under Article 39(1)(a) of the Convention:

a. Claim of payment of workers arising from employment relationship;

b. Lien on goods in possession of home workers;

c. Lien created by repairers on goods in their possession;

d. Lien created by bailees on goods in their possession.”

(i) Form No. 1 (specific opt-in declarations under Article 39(1)(a))

“The following categories of non-consensual right or interest have priority under its laws over an interest in an aircraft 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, namely:-

(a) liens in favour of airline employees for unpaid wages arising since the time of a declared default by that airline under a contract to finance or lease and 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 that aircraft object and owed by the owner or operator of that aircraft object, arising since the time of a default by that owner or operator under a contract to finance or lease that aircraft object; and
(c) 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.”

(ii) Form No. 4 (general opt-in declarations under Article 39(1)(b))

“Nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organization in which India is a member, or other private provider of public services in India, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of India, any such entity, organization or provider directly relating to the service or services provided by it in respect of that aircraft object.”

"Indonesia declares that the following categories of non-consensual right or interest have priority under its laws over an interest in an aircraft 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:

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

c. liens or other rights 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.

Indonesia declares that nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organization in which Indonesia is a member, or other private provider of public services in Indonesia, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of Indonesia, any such entity, organization or provider directly relating to the service or services provided by it in respect of that or another aircraft object."

"In accordance with Article 39 of the Cape Town Convention, it is declared-

(a) that when, under a law of the State, a non-consensual right or interest (other than a right or interest to which Article 40 of the Cape Town Convention applies) has priority over an interest in an object equivalent to that of the holder of a registered international interest, that right or interest has priority over a registered international interest, whether in or outside insolvency proceedings, and

(b) that if-
(i) the State or any State entity, or
(ii) any intergovernmental organisation of which the State or any such entity is a member, or
(iii) any private provider,
has provided a public service, nothing in that Convention affects the right of the State, entity, organisation or provider to arrest or detain, in accordance with the laws of the State, an object for the payment of amounts owed to the State or any such entity, organisation or provider for those services in respect of that object or another object."

"I. Form No. 1 (Specific Opt-in declaration Under Article 39(1)(a))

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

(a) Liens of workers for payments due arising out of employment relations;
(b) Liens created by repairmen on goods in their possession;
(c) Liens created by bailees on goods in their possession; and
(d) Taxes, duties and or levies due to the Government;

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."

[This declaration was notified to UNIDROIT by the Government of the Republic of Kenya, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 30 May 2007, and in accordance with Article 57(2) of the Convention it took effect on 1 December 2007. A previous declaration by the Government of the Republic of Kenya under Article 39(1) was withdrawn by the Government of the Republic of Kenya pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 December 2007. The text of that previous declaration was as follows:

“1. Form No. 1 (specific Opt-in Declarations under Article 39(1)(a))

Kenya declares that the following categories of non-consensual right or interest;

(a) Liens of workers for payments due arising out of employment relations;
(b) Liens created by repairmen on goods in their possession;
(c) Liens created by bailees on goods in their possession; and
(d) Taxes, duties and or levies due to the Government;
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 Opt-in declaration Under Article 39(1)(b))

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

“Malaysia declares that the following categories of non-consensual right or interest have priority under its laws over an interest in an aircraft 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:

a. liens in favour of airline employees for unpaid wages arising since 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 that aircraft object and owed by the owner or operator of that aircraft object, and arising since the time of a default by that owner or operator under a contract to finance or lease that aircraft object; and,

c. 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.

Malaysia declares that nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organisation in which Malaysia is a member, or other private provider of public services in Malaysia, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of Malaysia, any such entity, organisation or provider directly relating to the service or services provided by it in respect of that or another aircraft object."

"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."

" (i) Form No. 1 (specific opt-in declarations under Article 39(1)(a))

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

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

(b) liens in favor of repairers of an object in their possession to the extent of service perform on and value added to that object.

have priority under its law over an interest in an aircraft 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 opt-in declarations under Article 39(1)(b)) Mongolia declares that nothing in the Convention shall affect its right or that of any entity of that State, any intergovernmental Organisation or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to Mongolia, any such entity, Organisation or provider directly relating to the services provided by it in respect of that object or another object."

[On 26 March 2007, the Federal Republic of Nigeria 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 October 2007.]
"The Federal Republic of Nigeria declares that the following categories of non-consensual right or interest:

(a) liens in favor workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object for services performed relating to that object; and

(b) liens in favor of repairers of an object in their possession to the extent of services performed on and value added to that object -

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:"

“The Sultanate of Oman declares that the following categories of non-consensual right or interest:

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

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

(c) liens in favor of repairers of an object in their possession to the extent of service perform on and value added to that object –

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.

The Sultanate of Oman 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 the Sultanate of Oman, any such entity, Organization or provider directly relating to the services provided by it in respect of that object or another object.”

“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.

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.”

“In respect of Article 39 of the Convention, the following non-consensual rights and interests shall prevail over an international interest registered in accordance with the Convention:

• any sums due from or capable of being demanded from the debtor by way of salaries, pensions and other social security benefits and employment allowances owed in respect of employees of that debtor;

• any sums due from or capable of being levied from the debtor by way of fiscal and parafiscal contributions owed in respect of employees of that debtor;

The Republic of Panama declares that the rights or interests covered by this declaration shall prevail over an international interest registered before the date of the deposit of its instrument of ratification in respect of the Convention and the Protocol.

Likewise, it declares that none of the provisions of the Convention shall affect the right of the Panamanian State, a State entity, an intergovernmental organisation or a provider of public services to arrest or detain an object under the laws of the Republic of Panama for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object.

Finally, the Panamanian State states that these declarations do not pose an unacceptable risk to the holders of registered rights.”

"Form No. 1 (specific opt-in declaration under Article 39(1)(a))

The Republic of Senegal declares that the following categories of non-consensual right or interest;

(a) liens in favour of employees for unpaid wages arising since the time of a declared default by an employer under a contract to finance or lease an object;
(b) liens in favour of repairers to the extent of service or services performed on and value added to that object –

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.

Form No. 4 (general opt-in declaration under Article 39(1)(b))

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

"Form No. 1 (specific opt-in declaration under Article 39(1)(a))

Pursuant to Article 39(1)(a) of the Convention the Republic of South Africa declares that all categories of non-consensual rights or interests which under South African law have 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 to that extent have priority over a registered international interest.

Form No. 4 (general opt-in declaration under Article 39(1)(b)

Pursuant to Article 39(1)(b) of the Convention the Republic of South Africa 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 The Republic of South Africa, any such entity, Organization or provider directly relating to the services provided by it in respect of that object or another object."

(i) Form No. 1 (Specific opt-in declarations under Article 39(1)(a)

“The United Arab Emirates declares that the following categories of non-consensual right or interest:

(a) liens in favour of airlines workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object;
(b) liens in favour of any United Arab Emirates state entity relating to unpaid taxes or other charges since the time of a declared default under a contract to finance or lease the subject object.
(c) liens in favour of repairers of an object in their possession to the extent of services performed on and value added to the object.

shall 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 and shall have priority over a registered international interest, whether in or outside insolvency proceedings.”

(ii) Form No. 4 (general opt-in declarations under Article 39(1)(b)

“The United Arab Emirates 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 the United Arab Emirates, any such entity, Organization or provider directly relating to the services provided by it in respect of the object.”

“Pursuant to Article 39 of the Convention -

(A) all categories of non-consensual rights or interests which under United States law have 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 to that extent have priority over a registered international interest, whether in or outside insolvency proceedings; and

(B) nothing in the Convention shall affect the right of the United States or that of any entity thereof, any intergovernmental organization in which the United States is a member State, or other private provider of public services in the United States to arrest or detain an aircraft object under United States 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.”