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DECLARATIONS

LODGED BY THE REPUBLIC OF GHANA UNDER THE CAPE TOWN CONVENTION

AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF RATIFICATION

 

 

[The declarations under Articles 39(1)(a), 39(1)(b), 53, 54(2) and 60(1), deposited on 20 December 2018, will enter into force on 1 April 2019]

 

 

Pursuant to Article 39(1) of the Convention, the Republic of Ghana declares:

a) the following categories of non-consensual rights or interests:

(i)   Unpaid charges and fees owed to the Ghana Civil Aviation Authority;
(ii)  Taxes, duties, levies and statutory payments due to the Government;
(iii) Liens of workers for payments due arising out of employment relations;
(iv) Liens created by repairmen on goods in their possession; and
(v)  Liens created by bailees on goods in their possession,

 

have priority over an interest in an object equivalent to that of the holder of a registered international interest and shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings.

 

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

 

Article 53

The Republic of Ghana declares that the High Court of the Republic of Ghana is the relevant court for the purposes of Article 1 and Chapter XII of the Convention.

 

Article 54(2)

The Republic of Ghana declares that 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 the leave of the court.

 

Article 60(1)

The Republic of Ghana declares that the Convention will become applicable to a pre-existing right or interest for the purpose of the determining priority, including the protection of any existing priority, on 1st December, 2014, but only subject to the provisions of the Ghana Civil Aviation Act, 2004, Act 678.

 

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Declarations lodged by the Republic of Ghana under the Aircraft Protocol

 

 

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