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

 

 

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

 

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.

 

 

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

 

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.

 

 

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

 

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 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.

 

 

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

 

Indonesia declares that [all] courts with the competent jurisdiction under the laws of Indonesia are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

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

 

Indonesia declares that any and all 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 Indonesia under the Aircraft Protocol

 

 

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