SUBSEQUENT DECLARATION LODGED BY
THE REPUBLIC OF CÔTE D’IVOIRE UNDER THE CAPE TOWN CONVENTION *
On 12 June 2019, the Republic of Côte d’Ivoire notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of the following subsequent declarations. In accordance with Article 57(2) of the Convention, these subsequent declarations will take effect on 1 January 2020.
(i) Form No. 1 (Specific declaration under Article 39(1)(a))
The Republic of Côte d’Ivoire 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.
(ii) Form No. 6 (Declaration under Article 40)
The Republic of Côte d’Ivoire declares that the following non-consensual rights or interests:
(a) rights arising from the seizure of the aircraft in partial or complete satisfaction of a court order;
(b) liens or other rights of a State entity relating to taxes or other unpaid charges (which are not subject to the declaration made under Article 39(1)(a) of the Convention); and,
c) any other category of non-consensual rights or interests that are not subject to the declaration made under Article 39(1)(a) of the Convention and which are capable of being registered in the International Registry as if they were an international interest and capable of being treated as such;
shall be registrable under the Convention in respect of any category of aircraft object as if the right or interest was an international interest and shall be regulated accordingly.
(iv) Form No. 10 (General declaration under Article 52)
The Republic of Côte d’Ivoire declares that the Convention is to apply to all its territorial units.
(v) Form No. 11 (Declaration under Article 53)
The Republic of Côte d’Ivoire declares that the courts of Côte d’Ivoire are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.
(vi) Form No. 13 (Mandatory declaration under Article 54(2))
The Republic of Côte d’Ivoire declares that the remedies available to the creditor under the Convention may be exercised without leave of the court except for the remedies which are expressed under the Convention to require application to the court.
[This declaration replaces a previous declaration made by the Government of Côte d'Ivoire on 10 December 2015 which had taken effect on 1 July 2016 under Article 54(2) of the Convention. It shall cease to apply on 1 January 2020.
The Republic of Côte d’Ivoire declares that all remedies available to creditors under the Convention whose application, pursuant to the latter, is not subject to authorisation of the judiciary, may only be exercised following intervention of courts.]
* The original version of this declaration was submitted in French. This official version of the
declaration is a translation prepared by the UNIDROIT Secretariat.