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PREVIOUS DECLARATIONS
LODGED BY THE REPUBLIC OF KAZAKHSTAN UNDER THE CAPE TOWN CONVENTION

  

 

On 15 March 2011 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of these subsequent declarations. In accordance with Article 57(2) of the Convention, these subsequent declarations 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 declarations made on 15 March 2011. The withdrawal took effect on 1 June 2013

 

 

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

 

The Republic of Kazakhstan declares that the following categories of nonconsensual right or interest:

 

a) liens in favor of employees for unpaid wages arising since the time of a declared default declared by an employer 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 services performed on an 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 declaration under Article 39(1)(b)) 

 

Nothing in this Convention shall affect the right of the Republic of Kazakhstan or State Entity, or intergovernmental organisation or other private provider of public services to arrest or detain an object under the laws of the Republic of Kazakhstan for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another object.

 

Form No. 5 (Declaration under Article 39(4))

 

The Republic of Kazakhstan declares that a right or interest of a category covered by a declaration made under sub-paragraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of accession to the Protocol. 

 

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) lines 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. 

 

Form No. 11 (Declaration under Article 53)

 

Courts of primary jurisdictions within their territorial jurisdiction are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention. 

 

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

 

The Republic of Kazakhstan declares that any 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 leave of the court or other court action. 

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