LODGED BY THE REPUBLIC OF CONGO UNDER THE CAPE TOWN CONVENTION
on 13 March 2013 *
The Republic of Congo declares that the following categories of non-consensual right or interest;
(a) the lien enjoyed by wage-earners by reason of the preferential rights accorded to the wages owed by the employer at the time of its default under a financing or lease contract regarding an object;
(b) the lien enjoyed by a repairman to the extent of the value of the repairs carried out or other services provided and the value added to this object,
have priority under the laws of this State 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 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.
The Republic of Congo declares that the Convention extends to all its territorial units.
The Republic of Congo declares that nothing in the Convention shall affect its right or that of any entity of that State, any international 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.
The Republic of Congo declares that the Congolese courts are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.
The Republic of Congo declares that the remedies available to the creditor under the Convention may be exercised without leave or any action of the court, except in the case of those remedies for which leave of the court is expressly required by the provisions of the said Convention.
* The original version of these declarations was submitted in French. This official version of the declarations is a translation prepared by the UNIDROIT Secretariat.