Declarations deposited under the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment regarding XXX(3)

 

Afghanistan

The Islamic Republic of Afghanistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Angola

The Republic of Angola declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and the “waiting period” for the purposes of Article XI(3) shall be 60 calendar days.

 

Argentina

3. With respect to Article XXX, paragraph 3:

with respect to Article XI that it will apply Alternative “A” in its entirety to all insolvency proceedings, and that the waiting period for the purposes of Article XI, paragraph 3 of this Alternative shall be 30 calendar days.

The original version of this declaration was submitted in Spanish

 

Australia

The Government of Australia declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Bahrain

(iii) Form No. 23 (General opt-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

The Kingdom of Bahrain declared that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and all other insolvency related events and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

(iv) Form No. 26 (Opt-in declarations under Article XXX(1) in respect of Article XII)

The Kingdom of Bahrain declared that it will apply Article XII.

(v) Form No. 27 (Opt-in declarations under Article XXX(1) in respect of Article XIII)

The Kingdom of Bahrain declared that it will apply Article XIII.

 

Bangladesh

The People’s Republic of Bangladesh declares that it shall apply Article XI, Alternative A of the Protocol in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Brazil

(viii) Declaration under Article XXX, paragraph 3, with respect to Article XI

The Federative Republic of Brazil declares that it will apply the entirety of Article XI, Alternative A, to all insolvency proceedings, and that the waiting period for the purposes of Article XI, paragraph 3, of this Alternative shall be thirty (30) calendar days.

 

Canada

The Government of Canada declares, in accordance with Article XXX of the Protocol, that it will apply Article XI, Alternative A of the Protocol in its entirety to all types of insolvency proceedings and all insolvency-related events and that the waiting period of the purposes of Article XI(3), Alternative A shall be sixty (60) calendar days.

 

Cape Verde

Form No. 23 (Declaration under Article XXX (3) in respect of Article XI)

The Republic of Cape Verde declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and the “waiting period” for the purposes of Article XI(3) shall be 60 calendar days.

 

China

9. The PRC declares that it will apply the entirety of Alternative A of Article XI of the Protocol to all types of insolvency proceeding defined by the Protocol, and that the waiting period shall be 60 calendar days.

 

Colombia

In respect of Article XXX(3) of the Protocol, Alternative A of Article XI will apply in its entirety to all types of insolvency proceeding and the waiting period for the case of Article XI(3) of that Alternative shall be 60 days.

 

Côte d’Ivoire

General declaration under Article XXX(3)

The Republic of Côte d’Ivoire declares that it will apply Article XI, Alternative A, in its entirety to all types of insolvency proceeding and that the “waiting period” for the purposes of Article XI(3), Alternative A shall be 60 calendar days.

[This declaration was notified on 12 June 2019 to UNIDROIT by the Government of the Republic of Côte d’Ivoire as subsequent declaration pursuant to Article XXXIII(1) of the Aircraft Protocol, and in accordance with Article XXXIII(2) of the Aircraft Protocol, this subsequent declaration took effect on 1 January 2020.]

 

Denmark

Pursuant to Article XXX(3) of the Aircraft Protocol, the Kingdom of Denmark declares that it will apply in its entirety Alternative A of Article XI to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) is 60 days.

 

Egypt

The Arab Republic of Egypt declares that, in accordance the paragraph 3 of Article XXX of the Protocol, Article XI of the Protocol shall be applied, and the Alternative A of the Protocol for all insolvency facts and proceedings and the waiting period set out in paragraph 3 shall be determined by 30 days.

The original version of this declaration was submitted in Arabic

 

Ethiopia

Pursuant to Article XXX(3) of the Protocol:

a. The entirety of Alternative A of article XI of the Protocol to “all insolvency proceedings” (as defined in the Convention) will be applied:

b. The “waiting period” (as defined therein) under Article XI(3) is no more than 30 working days.

 

Fiji

Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

The Government of the Republic of Fiji declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Ghana

The Republic of Ghana declares that that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) working days.

 

Iceland

Declaration under Article XXX(3)

Pursuant to Article XXX(3) of the Aircraft Protocol, Iceland declares that it will apply in entirety Alternative A of Article XI to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) is 60 days.

 

India

(i) Form No. 23 (General declaration under Article XXX(3) in respect of Article XI) providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

India will apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be two (2) calendar months.

 

Indonesia

Indonesia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Iraq

C- General declarations under paragraph (3) of Article XXX of the Protocol with respect to Article XI thereof, including the full application of Alternative A to all insolvency proceedings:

The Republic of Iraq declares that, it will commit itself to applying the full provision of Alternative A contained in Article XI of the Protocol on all types of insolvency proceedings and all events related to insolvency, and that the waiting period for the application of the provision of paragraph (3) of Article XI of that alternative will be (60) sixty calendar days.

 

Jordan

The Hashemite Kingdom of Jordan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and all other insolvency related events and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Kazakhstan

The Republic of Kazakhstan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) shall be sixty (60) calendar days.

 

Kenya

Kenya declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Kuwait

Declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding

The State of Kuwait declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and all other insolvency related events and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

[This declaration was notified to UNIDROIT by the Government of the State of Kuwait as subsequent declaration pursuant to Article XXXIII(1) of the Aircraft Protocol, on 10 March 2022, and in accordance with Article XXXIII(2) of the Aircraft Protocol, this subsequent declaration will take effect on 1 October 2022.]

 

Kyrgyzstan

Declaration under Article XXX, paragraph 3 of the Protocol.

The Kyrgyz Republic declares that it will apply “Option A” of article XI of the Protocol fully to all types of insolvency procedures and that the waiting period for the purposes of paragraph 3 of this Version of article XI of the Protocol is 60 (sixty) calendar days.

 

Luxembourg

The Grand-Duchy of Luxembourg makes the following declarations without prejudice to the future exercise by the European Community of its competencies:

– pursuant to Article XXX(3) of the Aircraft Protocol, the Grand-Duchy of Luxembourg declares that it will apply in its entirety Alternative A of Article XI and that the waiting period for the purposes of Article XI(3) is 60 days.

 

Madagascar

Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

The Republic of Madagascar declares that it will apply Article XI, Alternative A, in its entirety to all types of insolvency proceeding and that the “waiting period” for the purposes of Article XI(3), Alternative A shall be 60 calendar days.

 

Malawi

Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

The Republic of Malawi declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

 

Malaysia

Malaysia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be forty (40) working days.

[This declaration was notified to UNIDROIT by the Government of Malaysia, as a subsequent declaration pursuant to Article XXXIII(1) of the Protocol, on 18 December 2006, and in accordance with Article XXXIII(2) of the Protocol it took effect on 1 July 2007.
A previous declaration (see below) by the Government of Malaysia under Article XXX(3) of the Protocol was withdrawn by the Government of Malaysia pursuant to Article XXXIV(1) of the Protocol. The withdrawal took effect from 1 July 2007.

Malaysia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) working days.]

 

Mexico

2. In accordance with Article XI, the United Mexican States will apply Alternative B in its entirety to all types of insolvency proceeding and that the time-period for the purposes of Article XI subparagraph 2) shall be the time-period expressly indicated by the Parties in the corresponding contract consistent with the applicable law, and shall commence not earlier than the tie when the insolvency administrator or the debtor receives the creditor’s request under Article XI subparagraph 2) of that Alternative.

[…]

4. In accordance with Article XXX:

[…]

b) The United Mexican States will apply in its entirety the Alternative B of Article XI of the Protocol to all types of insolvency proceedings, consistent with the national public order.

 

Mongolia

Mongolia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceeding, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) working days.

 

Mozambique

Declaration Form No. 23 – under Article XXX(3), in respect of Article XI

The Republic of Mozambique declares that will apply Article XI, alternative A, in its full force, to all kind of insolvency processes and that the waiting period for the effects of the content of Article XI(3) the aforesaid alternative will be of 60 calendar days.

 

Myanmar

(iii) Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

Myanmar declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

 

New Zealand

New Zealand declares, under Article XXX(3), that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Nigeria

The Federal Republic of Nigeria declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

[This declaration was notified to UNIDROIT by the Federal Republic of Nigeria, as a subsequent declaration pursuant to Article XXXIII(1) of the Aircraft Protocol, on 26 March 2007, and in accordance with Article XXXIII(2) of the Aircraft Protocol it took effect on 1 October 2007.]

 

Norway

Pursuant to Article XXX(3) of the Aircraft Protocol, Norway declares that it will apply in its entirety Alternative A of Article XI to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) is 60 days.

 

Oman

The Sultanate of Oman declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Pakistan

Pakistan declares that it apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty days.

 

Panama

As to Article XXX(3) of the Protocol:

(a) it will apply the entirety of Alternative A of Article XI of the Protocol to all types of insolvency proceeding, as defined in the Convention;

(b) the waiting period under Article XI shall not exceed 60 days.

 

Paraguay

With respect to Article XXX, paragraph 3:

The Republic of Paraguay declares that it will apply the entirety of Article XI, Alternative A, to all insolvency proceedings, and that the waiting period for the purpose of Article XI, paragraph 3, of this Alternative shall be thirty (30) calendar days.

 

Qatar

Form No. 23 (general declarations under Article XXX(3), in relation to Article XI providing for the full application of Alternative A to all types of insolvency proceedings):

The State of Qatar declares that it fully applies article XI, Alternative A to all types of insolvency proceedings, and that the period of waiting is 60 days, according to paragraph 3 of Article XI.

 

Russian Federation

Pursuant to paragraph 3 of Article XXX of the Protocol, the Russian Federation, declares that it will apply the entirety of Alternative A of Article XI of the Protocol to all types of bankruptcy cases, and that the waiting period shall be 60 calendar days.

 

Rwanda

The Republic of Rwanda declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

San Marino

The Republic of San Marino declares that it will apply Article XI, Alternative A, in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be 60 calendar days.

 

Senegal

The Republic of Senegal declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be of thirty (30) calendar days.

 

Sierra Leone

General opt-in declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceedings

The Republic of Sierra Leone declares that it will apply Article XI, alternative A in its entirety to all types of insolvency proceedings and the waiting period for the purposes of Article XI(3) of the alternative shall be thirty (30) calendar days.

 

Singapore

Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

Singapore declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

 

South Africa

The Republic of South Africa declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

 

Tajikistan

Form No. 23 (Declaration under Article XXX (3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

The Republic of Tajikistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period shall be sixty (60) calendar days.

 

Togo

Declaration pursuant to Article XXX-3

The Togolese Republic declares that it will apply Alternative A of Article XI of the Protocol in its entirety. It will applied in the context of insolvency proceedings and the waiting period for the purposes of Article XI(3) shall not exceed thirty (30) working days.

 

Türkiye

(iii) Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

The Republic of Turkey declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

Ukraine

Pursuant to Article XXX(3) of the Protocol Ukraine declares that it shall apply the Alternative A of Article XI of the Protocol in general to all insolvency proceedings and that the “waiting period” for the purposes of the Alternative A of Article XI of the Protocol shall be no later than 60 calendar days.

 

United Arab Emirates

Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

The United Arab Emirates declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and all other insolvency-related events and that waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

United Kingdom

At the time of ratification – Pursuant to Article XXX(3) of the Protocol, the Government of the United Kingdom of Great Britain and Northern Ireland declares that Alternative A under Article XI of the Protocol shall apply to the Cayman Islands and the Island of Guernsey with a waiting period of 60 days.

As from 1 January 2018, by virtue of a subsequent declaration, the Government of the United Kingdom of Great Britain and Northern Ireland declares, pursuant to Article XXX(3) of the Protocol, that, Bermuda shall apply Article XI, Alternative A of the Protocol in its entirety to all types of all insolvency proceedings ant that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

United Republic of Tanzania

The United Republic of Tanzania declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

[This declaration was notified to UNIDROIT by the United Republic of Tanzania, as a subsequent declaration pursuant to Article XXXIII(1) of the Aircraft Protocol, on 24 June 2009, and in accordance with Article XXXIII(2) of the Aircraft Protocol it took effect on 1 January 2010.]

 

Uzbekistan

Pursuant to paragraph 3 of Article XXX of the Protocol, the Republic of Uzbekistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of paragraph 3 of Article XI shall be sixty (60) calendar days.

 

Viet Nam

The Socialist Republic of Viet Nam declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

 

*

*   *

 

STATES GIVING EFFECT TO ARTICLE XI BY DOMESTIC LEGISLATION

 

The declarations made by the European Union under the Aircraft Protocol, together with the regulations referred to in those declarations, affect the capacity of EU Member States to make declarations under Article XXX(3) of the Aircraft Protocol, concerning Article XI of the said Protocol. European Member States, however, may amend their national law so as to result in the same substantive outcomes as if a declaration had been made under Article XXX(3).

Such information as provided by Contracting States to the Depositary is also indicated herein. However, the Depositary wishes to clarify that it has not independently confirmed its accuracy and is merely sharing the information as received from Contracting States.

The following States have lodged an information with the Depositary giving effect to Article XI of the Aircraft Protocol by domestic legislation:

 

Ireland

https://www.irishstatutebook.ie/eli/2017/si/187/made/en/print

On 25 September 2017, Ireland made available to UNIDROIT the following information about the laws and policies relating to the matters covered by the Convention and Aircraft Protocol

2. (1) The Aircraft Protocol shall have force of law in the State as provided for under section 4 of the International Interests in Mobile Equipment (Cape Town Convention) Act 2005 (No. 15 of 2005) as if the entirety of Alternative A in Article XI of the Aircraft Protocol were in force as respects the State and applied to insolvency proceedings.

    (2) The waiting period required under Article XI of the Protocol is 60 days.

 

Malta

https://www.transport.gov.mt/Air-Registration-of-Aircraft-Aircraft-Registration-act-2010-pdf.pdf-f427

On 1 October 2010, Malta made available to UNIDROIT the following information about the laws and policies relating to the matters covered by the Convention and Aircraft Protocol:

1. The Government of Malta has implemented the Cape Town Convention and its Aircraft Protocol by virtue of the First Schedule to the Aircraft Registration Act, 2010, Chapter 503 of the Laws of Malta (the “Act”).

2. In particular, it is noted that the Act has implemented Article X of the Aircraft Protocol, at article 20 of the First Schedule to the Act, and has implemented Article XI of the Aircraft Protocol (Alternative A), at article 23 of the First Schedule to the Act. The latter article sets out a waiting period of thirty (30) calendar days.

 

United Kingdom

https://www.legislation.gov.uk/uksi/2015/912/contents/made

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/461568/BIS-15-512-guidance-the-international-interests-in-aircraft-quipment-regulations-2015.pdf

At the time of ratification, the United Kindgdom made available to UNIDROIT the following information:

The United Kingdom of Great Britain and Northern Ireland and Gibraltar are implementing Alternative A of Article XI of the Aircraft Protocol through domestic legislation. The waiting period, as set out under the relevant legislation, shall be 60 (sixty) days.

 

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