DECLARATIONS

DECLARATIONS ARRANGED BY ARTICLE DEPOSITED UNDER THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT

During the development of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, it emerged that some of their provisions (for example, provisions permitting the exercise of extra-judicial remedies) could be inconsistent with principles inherent to some legal systems. To enable the benefits of the Convention and Aircraft Protocol to be made widely available, the Convention and the Aircraft Protocol give Contracting States the opportunity, in Articles that provide for declarations to be made, to make choices in respect of those Articles.

Declarations Matrix

Texts of declarations deposited under the Convention arranged by Article:

DECLARATIONS DEPOSITED UNDER THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT RELATING TO ARTICLE 39(1)

 

 

 

Afghanistan

 

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

 

The Islamic Republic of Afghanistan declares that the following categories of non-consensual right or interest;

 

(a) liens in favor workers for unpaid wages arising since the time of a declared default 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 service perform 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.

 

 

Form No. 4 (General declaration under Article 39(1)(b))

 

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

 

 

Albania

 

(1) Pursuant to Article 39 of the Convention –

 

(A) all categories of non-consensual rights or interests which under Albania’s law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings; and

 

(B) nothing in the Convention shall affect the right of the Republic of Albania or that of any entity thereof, any intergovernmental organization in which the Republic of Albania is a member State, or other private provider of public services in the Republic of Albania to arrest or detain an aircraft object under Albania’s law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object.”

 

 

Angola

 

The Republic of Angola declares that the following categories of non-consensual right or interests 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:

 

a. Liens in favor of workers on the subject aircraft for unpaid wages arising since the time of a declared default under a contract to finance or lease that subject object;

 

b. Liens in favor of repairers of an object in their possession to the extent of service performed on and value added to that object.

 

 

Argentina

 

1. With respect to Article 39, paragraph 1(a):

All categories of non-consensual right or interest which under the laws of the Argentine Republic have priority over an interest in an object equivalent to that of the holder of a registered interest, shall have priority over a registered international interest, whether in or outside insolvency proceedings.

 

2. With respect to Article 39, paragraph 1(b):

Nothing in the Convention shall affect the right of the Argentine Republic or that of any State entity thereof, any intergovernmental organisation of which the Argentine Republic is a member State, or other private provider of public services in the Argentine Republic to arrest or detain an object under the laws of the State for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object.

 

* The original version of this declaration was submitted in Spanish.
   This version of the declaration is a translation prepared by the UNIDROIT Secretariat.

 

 

Australia

 

Article 39(1)(a)

 

The Government of Australia declares that, in accordance with Article 39(1)(a) the following categories of non-consensual right or interest 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 subsequently registered international interest, whether in or outside insolvency proceedings: statutory liens registered in accordance with the Air Services Act 1995 (Cth).

 

 

Bahrain

 

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

 

The Kingdom of Bahrain declares that the following categories of non-consensual right or interest:

 

(a) liens in favor of repairers of, or those providing services to, an aircraft object, in each case to the extent any such repair or services adds value to that object;

 

(b) liens in favor of the Government of the Kingdom of Bahrain relating to unpaid taxes or other charges directly relating to the use of an aircraft object;

 

(c) employee wages relating to service fairly allocated to the use of an aircraft object as from the date that remedies have been exercised under the Convention and Protocol by the holder of as registered interest; and

 

d) rights of the Government of the Kingdom of Bahrain to arrest or detain an aircraft object for violation of safety-related or criminal law, provided that no such arrest or detention shall give rise to the power of sale or right to proceeds.

 

That the priority under Bahraini laws over an interest in an object equivalent to that of a holder of a registered international interest shall retain that priority over a registered international interest, whether in or inside insolvency proceedings.

 

 

(ii) Form No. 4 (General declaration under Article 39(1)(b)

 

The Kingdom of Bahrain declares that nothing in the Convention shall effect its right or that of any entity of that State, any intergovernmental organization or other private provider of public services to arrest or detain an object under its laws for the payment of amounts owed to any such entity directly relating to the services provided by it in respect of that aircraft object or another aircraft object.

 

 

Bangladesh

 

The People’s Republic of Bangladesh declares that the following categories of non-consensual rights or interest have priority under its laws over an interest in an aircraft 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, namely;

 

(a) liens in favour of airline employees for unpaid wages arising since the time of a declared default by that airline under a contract to finance or lease an aircraft object;

 

(b) liens or other rights of an authority of Bangladesh relating to taxes or other unpaid charges arising from or related to the use of that aircraft object and owed by the owner or operator of that aircraft object, arising since the time of a default by that owner or operator under a contract to finance or lease that aircraft object; and

 

(c) liens in favor of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object

 

The People’s Republic of Bangladesh declares that nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organization in which Bangladesh is a member, or other private provider of public services in Bangladesh, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of Bangladesh, any such entity, organization or provider directly relating to the service or services provided by it in respect of that aircraft object.

 

 

Bhutan

 

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

 

The Kingdom of Bhutan declares that the following categories of non-consensual right or interest 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 and whether registered before or after Bhutan’s accession.

 

(a)    liens in favour or airline employees for unpaid wages arising since the time of a declared default by that airline under a contract to finance or lease and aircraft objet; (b)    liens or other rights of an authority of India relating to taxes or other unpaid charges arising from or related to the use of that aircraft object and owed by the owner or operator of that aircraft object, arising since the time of a default by that owner or operator under a contract to finance or lease that aircraft object; and (c)    liens in favour or repairers and suppliers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object.

 

 

Brazil

 

(i) Declaration under Article 39, paragraph 1, a

 

The Federative Republic of Brazil declares that:

 

all categories of non-consensual right or interest which under the Laws of the Federative Republic of Brazil have or come to have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest, whether within the scope of insolvency proceedings or not.

 

 

(ii) Declaration under Article 39, paragraph 1, b

 

nothing in this Convention shall affect the right of the Federative Republic of Brazil or any of its entities, intergovernmental organization of which the Federative Republic of Brazil is a Member State, or other private provider of public services in the Federative Republic of Brazil to arrest or detain an object under the laws of the State for payment of amounts owed to any such entity, organization, or provider directly relating to those services in respect of that object or another object.

 

 

Cameroon: [Official translation; original version submitted in French]

 

The Republic of Cameroon 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.

 

 

Canada

 

The Government of Canada declares, in accordance with Article 39(1)(a) of the Convention, that any non-consensual right or interest under Canadian law existing at the date of this declaration or created after that date, that has priority over an interest in an object equivalent to that of the holder of a registered international interest, shall have priority to the same extent over such registered international interest, whether in or outside insolvency proceedings.

 

The Government of Canada also declares, in accordance with Article 39(1)(a) of the Convention, that a legal hypothec under the law of the Province of Quebec existing at the date of this declaration or created after that date, that is registered in the register of personal and movable real rights of that Province, shall have priority over an international interest subsequently registered in the international Registry established under the Convention and the Protocol, whether in or outside insolvency proceedings.

 

The Government of Canada also declares, in accordance with Article 39(1)(a) of the Convention, that a prior claim to which the law of the Province of Quebec, existing at the date of this declaration, or created after that date, attaches the right of the creditor to be preferred over the other creditors, shall have priority over an international interest registered in the international Registry established under the Convention and the Protocol, whether in or outside insolvency proceedings.

 

The Government of Canada also declares, in accordance with Article 39 of the Convention, that nothing in the Convention shall affect the right of the Government of Canada or of a province or territory of Canada, a governmental entity, intergovernmental organization or other private provider of public services to arrest or detain an object under the laws of Canada for payment of amounts owed to that government, entity, organization or provider directly relating to those services in respect of that object or another object.

 

 

Cape Verde

 

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

 

The Republic of Cape Verde declares that the following categories of non-consensual right or interest 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:

 

a. Liens in favor of workers on the subject aircraft for unpaid wages arising since the time of a declared default under a contract to finance or lease that subject object;

 

b. Liens in favor of repairers of an object in their possession to the extent of service performed on and value added to that object.

 

 

China

 

Declaration under Article 39(1)(a) of the Convention: All non-consensual rights or interests which have priority over secured creditors under the law of the PRC shall have priority without registration over registered international interests, including but not limited to: claim for bankruptcy expenses and community debts, employees’s wages, taxes arising prior to the mortgage, pledge or lien of the civil aircraft, claim for remuneration for rescuing the civil aircraft, claim for necessary expenses incurred for the custody and maintenance thereof of the civil aircraft, etc.

 

Declaration under Article 39(1)(b) of the Convention: Nothing in this Convention shall affect the right of a State or State entity, intergovernmental organization or other provider of public services to arrest or detain an object under the laws of the PRC for payment of amounts owed to such entity, organization or provider directly relating to those services in respect of that object or another object.

 

 

Colombia

 

In respect of Article 39 of the Convention, the employee company rights and fiscal debts will have priority over an international interest registered under this Convention.

 

 

Congo: [Official translation; original version submitted in French]

 

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 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.

 

 

Côte d’Ivoire

 

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.

 

[This declaration was notified to UNIDROIT by the Government of the Republic of Côte d’Ivoire as subsequent declaration pursuant to Article 57(1) of the Convention, on 12 June 2019, and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 January 2020.]

 

 

Democratic Republic of the Congo

 

Article 39(1)(a)

 

The Democratic Republic of the Congo declares that the following categories of non-consensual right or interest have priority under its laws 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. These categories are the following:

 

(a) liens in favour of workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object;

 

(b) taxes, duties and other unpaid charges due to a State entity and its sub-divisions;

 

(c) liens in favour of repairers of an aircraft object to the extent of service or services performed on and value added to that object.

 

Article 39(1)(b)

 

The Democratic Republic of the Congo declares that nothing in this Convention shall affect its right or the right of a State entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to it directly relating to those services in respect of that object or another object.

 

 

Denmark

 

Pursuant to Article 39 of the Convention the Kingdom of Denmark declares that:

 

a) all categories of non-consensual rights or interests which under Danish law have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceeding; and 

 

b) nothing in the Convention shall affect the right of the Kingdom of Denmark or that of any entity thereof, any intergovernmental organization in which the Kingdom of Denmark is a member State, or other private provider of public services in the Kingdom of Denmark to arrest or detain an object under Danish law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object.

 

 

 

Egypt: [Official translation; original version submitted in Arabic]

 

General declaration under Article 39(1)(a)

 

The Arab Republic of Egypt shall declare that the arrangement of the rights and privileges on the airplane in the Arab Republic of Egypt shall be as the following arrangements.

 

The following rights shall have a privilege on the airplane in accordance with the Egyptian Law No. 26 of 1976, Second Section of the Second Chapter, and we shall be received from its price pursuant to its rank set forth in this section:

 

 The expenses spent for the benefit of all the creditors upon the execution on the plane, and selling it and distributing its price. 2.    The debts related to bonuses payable to rescue the plane, and the extraordinary expenses required to the preservation thereof. 3.    The indemnifications due on the damages caused to others by the aircraft on the surface of the earth, whether this damage resulted from the aircraft itself, or by falling a person or anything from it, unless the aircraft’s owner or the exploiter thereof has insured such damages for the benefit of the injurers, and the insurance shall cover the value of the due indemnifications in this case, or a percentage of (20%) of the aircraft value when it is still new, or any of the two values whichever is less. 4.    The debts which became due on the last trip of the aircraft, or about to do it prior to its forcing sale in accordance with the provisions of the second section of the first chapter of this law as a result to repairing, or maintenance, or reception, or driving away thereof, or supplying it with the necessary fuel, oil, or the food and consumption materials required by the passengers or the crew thereof.

 

The privilege rank of all these rights shall be defined in accordance with the order of its stipulation in the previous paragraph.

 

[On 7 November 2019, the above declaration made by the Government of the Arab Republic of Egypt under Article 54(2) of the Convention was withdrawn by the Government of the Arab Republic of Egypt pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 June 2020.

 

On 7 November 2019, the Government of the Arab Republic of Egypt notified Unidroit, pursuant to Article 57(1) of the Convention, of a subsequent declaration and in accordance with Article 57(2) of the Convention it will take effect on 1 June 2020.

 

The Arab Republic of Egypt declares that, in accordance with subparagraph a) of paragraph 1 of Article 39 of the Convention, the concessionary rights according to the Egyptian laws in force have a privilege over any international right in mobile equipment.]

 

 

Ethiopia

 

Non-consensual rights under Article 39(1)(a) of the Convention:

 

a. Claim of payment of workers arising from employment relationship;

 

b. Lien on goods in possession of home workers;

 

c. Lien created by repairers on goods in their possession;

 

d. Lien created by bailees on goods in their possession.

 

 

Ghana

 

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.

 

 

Iceland

 

Declaration under Article 39(1)(a)-(b)

 

Pursuant to Article 39 of the Convention, Iceland declares that:

 

(A)   any non-consensual right or interest under Icelandic law existing at the date of this declaration or created after that date, that has priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings.

 

(B)   nothing in in the Convention shall affect the right of the Government of Iceland, or that of any entity thereof, governmental entity, intergovernmental organization or other private provider of public services to arrest or detain an object under the laws of Iceland for payment of amounts owed to that government, entity, organization or provider directly relating to those services in respect of that object or another object.

 

 

India

 

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

 

The following categories of non-consensual right or interest have priority under its laws over an interest in an aircraft 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, namely:-

 

(a) liens in favour of airline employees for unpaid wages arising since the time of a declared default by that airline under a contract to finance or lease and aircraft object;

 

(b) liens or other rights of an authority of India relating to taxes or other unpaid charges arising from or related to the use of that aircraft object and owed by the owner or operator of that aircraft object, arising since the time of a default by that owner or operator under a contract to finance or lease that aircraft object; and

 

(c) liens in favour of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object.

 

(ii) Form No. 4 (General declaration under Article 39(1)(b))

 

Nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organization in which India is a member, or other private provider of public services in India, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of India, any such entity, organization or provider directly relating to the service or services provided by it in respect of that object or another aircraft object.

 

 

Indonesia

 

Indonesia declares that the following categories of non-consensual right or interest have priority under its laws over an interest in an aircraft 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:

 

a. liens in favour of airline employees for unpaid wages arising since the time of a declared default under a contract to finance or lease an aircraft object;

 

b. liens or other right of an authority of Indonesia relating to taxes or other unpaid charges arising from or related to the use of that aircraft object, and arising since the time of a declared default under a contract to finance or lease that aircraft object; and

 

c. liens or other rights in favour of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object.

 

Indonesia declares that nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organization in which Indonesia is a member, or other private provider of public services in Indonesia, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of Indonesia, any such entity, organization or provider directly relating to the service or services provided by it in respect of that or another aircraft object.

 

 

Ireland

 

In accordance with Article 39 of the Cape Town Convention, it is declared-

 

(a) that when, under a law of the State, a non-consensual right or interest (other than a right or interest to which Article 40 of the Cape Town Convention applies) has priority over an interest in an object equivalent to that of the holder of a registered international interest, that right or interest has priority over a registered international interest, whether in or outside insolvency proceedings, and

 

(b) that if-

 

(i) the State or any State entity, or

 

(ii) any intergovernmental organisation of which the State or any such entity is a member, or

 

(iii) any private provider,

 

has provided a public service, nothing in that Convention affects the right of the State, entity, organisation or provider to arrest or detain, in accordance with the laws of the State, an object for the payment of amounts owed to the State or any such entity, organisation or provider for those services in respect of that object or another object.

 

 

Jordan

 

The Hashemite Kingdom of Jordan declares that all non-consensual rights or interests which under the laws of the Hashemite Kingdom of Jordan have priority over the rights of secured creditors are to have priority, without registration, over registered international interests, whether in or outside insolvency proceedings.

 

 

Kazakhstan

 

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

 

The Republic of Kazakhstan declares that the following categories of non-consensual right or interest: 

 

a) liens in favor of employees for unpaid wages arising since the time of a declared default by an employer under a financing or lease contract; 

 

b) liens in favor of repairers of an object in their possession to the extent of services performed on and value added to that object 

 

shall have priority under its legislation over an interest in an object equivalent to that of a 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)) * 

 

The Republic of Kazakhstan declares that nothing in this Convention shall affect the right of the Republic of Kazakhstan or state entity, 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. 

 

* [These declarations were notified to UNIDROIT by the Republic of Kazakhstan, as subsequent declarations pursuant to Article 57(1) of the Convention, on 16 November 2012, and in accordance with Article 57(2) of the Convention they took effect on 1 June 2013.

See text of the previous declarations below.

[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 non-consensual 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.]

 

  

Kenya

 

1. Form No. 1 (specific Opt-in Declarations under Article 39(1)(a))

 

Kenya declares that the following categories of non-consensual right or interest;

 

(a) Payments due to workers arising out of employment relations;

 

(b) Liens created by repairmen on objects in their possession;

 

(c) Liens created by bailees on objects in their possession; and

 

(d) Taxes, duties and or levies due to the Government,

 

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

 

[This declaration was notified to Unidroit by the Government of the Republic of Kenya, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 30 May 2007, and in accordance with Article 57(2) of the Convention it took effect on 1 December 2007.  A previous declaration by the Government of the Republic of Kenya under Article 39(1) was withdrawn by the Government of the Republic of Kenya pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 December 2007.  The text of that previous declaration was as follows:

 

“I. Form No. 1 (Specific Opt-in declarations Under Article 39(1)(a))

 

Kenya declares that the following categories of non-consensual right or interest:

 

(a) Liens of workers for payments due arising out of employment relations;

 

(b) Liens created by repairmen on goods in their possession;

 

(c) Liens created by bailees on goods in their possession; and

 

(d) Taxes, duties and or levies due to the Government;

 

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.” ]

 

 

Kyrgyzstan

 

Declaration under Article 39, paragraph 1(a) of the Convention

The Kyrgyz Republic declares that the following categories of non-contractual rights or guarantees of creditors:

1) claims for remuneration that have arisen since the date of the declared occurrence of non-fulfillment of the employer’s obligations under the financing or leasing agreement of the object;

2) claims of persons who carried out repair work on the object in their possession to pay for such work within the amount of the cost of the work performed and the amount by which the cost of the object was increased;

3) requirement to compensate harm caused to life, health, property of citizens and legal entities of the Kyrgyz Republic and the requirement of the authorized state body of the Kyrgyz Republic to ensure the payment of the debt on fixed amounts of payments on compulsory state social insurance in accordance with its legislation have any guarantee for the object with the priority equivalent to the priority which has guarantee, owned by the holder of a registered international warranty, and prevail over a registered international guarantee, regardless of whether the guarantee is related to insolvency proceedings or not.

 

Declaration under Article 39, paragraph 1(b) of the Convention

The Kyrgyz Republic declares that nothing in the Convention affects the right of the Kyrgyz Republic or a state organization, intergovernmental organization or other private public service provider to arrest or detain an object in accordance with the legislation of the Kyrgyz Republic in payment of amounts due to such organization or supplier directly related to the provision of such services for the specified object or other object.

 

 

Latvia

 

Article 39(1)(a)

 

In accordance with subparagraph (a) of paragraph 1 of Article 39 of the Convention on International Interests in Mobile Equipment, done at Cape Town on 16 November 2001, *

 

The Republic of Latvia declares that priority is given to the following non-consensual right or interest that are covered before registered international interest:

 

1) unpaid regulated fees that are directly applicable to the use of an aircraft object, including airport charges and charges for air navigation services;

2) unpaid fees for services and their added value provided within the scope of repair of aircraft.

 

[This declaration was notified to UNIDROIT by the Government of the Republic of Latvia as subsequent declaration pursuant to Article 57(1) of the Convention, on 18 February 2021, and in accordance with Article 57(2) of the Convention, this subsequent declaration will take effect on 1 September 2021.]

 

 

Madagascar

 

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

 

The Republic of Madagascar declares that the following categories of non-consensual right or interest:

 

(a) liens in favour of workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object;

(b) taxes, duties and other unpaid charges due to a State entity and its sub-divisions;

(c) liens in favour of repairers of an aircraft object to the extent of service or services performed on and value added to that aircraft object

 

have priority under its laws over an interest in an aircraft 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))

 

The Republic of Madagascar declares that nothing in this Convention shall affect its right or the right of a State entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to it directly relating to those services in respect of that object or another object.

 

 

 

Malawi

 

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

 

The Republic of Malawi declares that the following categories of non-consensual right or interest:

 

(a)     payments due to workers arising out of employment relations; 

 

(b)    liens created by repairmen on objects in their possession; and 

 

(c)    taxes, duties or levies due to the Government,

 

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

 

Form No. 4 (General declaration under Article 39(1)(b))

 

The Republic of Malawi declares that nothing in the Convention shall affect its right or that of any entity of the State, any Intergovernmental Organization, or other private provider of public services, to arrest or detain an object under the Laws of Malawi, for payment of amounts owed to the Republic of Malawi, any such entity, organization or provider, directly relating to the services provided by it in respect of that object or another object.

 

 

Malaysia

 

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

 

Malaysia declares that the following categories of non-consensual right or interest have priority under its laws over an interest in an aircraft 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:

 

a. liens in favour of airline employees for unpaid wages arising since the time of a declared default by that airline under a contract to finance or lease an aircraft object;

 

b. liens or other rights of an authority of Malaysia relating to taxes or other unpaid charges arising from or related to the use of that aircraft object and owed by the owner or operator of that aircraft object, and arising since the time of a default by that owner or operator under a contract to finance or lease that aircraft object; and,

 

c. liens in favour of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object.

 

(ii) Form No. 4 (General declaration under Article 39(1)(b))

 

Malaysia declares that nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organisation in which Malaysia is a member, or other private provider of public services in Malaysia, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of Malaysia, any such entity, organisation or provider directly relating to the service or services provided by it in respect of that or another aircraft object.

 

 

Malta

 

Pursuant to subarticle 1(a) of Article 39 of the Convention, it is declared that the following categories of non-consensual right or interest;

 

1. Judicial costs incurred in respect of the sale of the aircraft and the distribution of the proceeds thereof pursuant to the enforcement of any mortgage or other executive title;

 

2. Fees and other charges due to the Director General arising under applicable law of Malta in respect of the aircraft;

 

3. Wages due to crew in respect of their employment on the aircraft;

 

4. Any debt due to the holder of a possessory lien for the repair, preservation of the aircraft to the extent of the service performed on and value added to the aircraft;

 

5. The expenses incurred for the repair, preservation of the aircraft to the extent of the service performed on and value added to the aircraft; and

 

6. Wages and expenses for salvage in respect of the aircraft,

 

have priority under the laws of Malta over an interest in an object equivalent to that of the holder of certain registered international interests and shall have priority over such registered international interests whether in or outside insolvency.

 

 

Mexico

 

Pursuant to Article 39 paragraph 1 of the Convention:

 

a) all categories of non-consensual rights or interests which under United Mexican States law has and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest; and

 

b) nothing in the Convention shall affect the right of the United Mexican States or that of any entity thereof, any intergovernmental organization in which the United Mexican States is a member State, or other private provider of public services in its territory to arrest or detain an object, given in interest under Mexican law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object, according to the Mexican law.

 

 

Mongolia

 

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

 

Mongolia declares that the following categories of non-consensual right or interest:

 

(a) liens in favor of airline workers for unpaid wages arising since the time of a declared default 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 service perform on and value added to that object.

 

have priority under its law over an interest in an aircraft 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. 4 (General declaration under Article 39(1)(b))

 

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

 

 

Mozambique

 

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

 

The Republic of Mozambique declares that the following categories of controversial rights and interests take precedence, under its internal law, on an interest in an object equivalent to that of owner of an international registered interest and shall take precedence under international registered interest, regardless of it occurring within the context of an insolvency process:

 

(a) Credits due to staff resulting from unpaid salaries on work performed on airplanes from the time they stopped being paid under the contract for financing or leasing such object;

 

(b) Credits due to Staff that repaired an object in their possession, in the proportion of the rendered service on it.

 

 

Myanmar

 

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

 

Myanmar declares that the following categories of non-consensual right or interest:

 

a) liens in favor of employees for unpaid wages relating to work associated with an aircraft object arising since the time of a declared default under a contract to finance or lease that subject object;

 

b) liens in favor of repairers of an object in their possession to the extent of services perform 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 certain registered international interest and, to that extent but without expanding any such priority, shall have priority over a such international interest, whether in or outside insolvency proceedings.

 

 

Namibia

 

Declaration under Article 39(1)(a)

 

Pursuant to Article 39(1)(a) of the Convention, the Republic of Namibia declares that the following non-consensual rights and interests shall prevail over any international interest registered in accordance with the Convention, whether in or outside insolvency proceedings:

 

– Any sums due from or capable of being demanded from the debtor by way of salaries, pensions and other social security benefits and employment allowances owed in respect of employees of that debtor;

 

– Any sums due from or capable of being levied from the debtor by way of fiscal and para-fiscal contributions owed in respect of employees of that debtor;

 

– Any sums due from or capable of being levied from the debtor by way of taxes, duties or contributions payable to the Namibian Government or to the decentralised bodies to collect revenue, in accordance with Namibian laws; and

 

– The right of the Republic of Namibia to arrest, attach or confiscate mobile equipment and aircraft objects in the event of breach of customs or criminal laws of the Republic of Namibia.

 

Declaration under Article 39(1)(b)

 

Pursuant to Article 39(1)(b) of the Convention, the Republic of Namibia declares that nothing in the Convention shall affect its rights or that of any entity of the Republic of Namibia, any intergovernmental organisation or other private provider of public services to arrest or detain an object under Namibian laws for payment of amounts owed to any such entity, organisation or provider directly relating to the services by it in respect of that object or another object.

 

 

Netherlands

 

Pursuant to Article 39 of the Convention, the Kingdom of the Netherlands declares:

 

(A) all categories of non-consensual rights or interests which under Netherlands Antilles and Aruba law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings; and

 

(B) nothing in the Convention shall affect the rights of the Netherlands Antilles and Aruba, any intergovernmental organization in which the Netherlands Antilles or Aruba is a Member State, or other provider of public services in the Netherlands Antilles or in Aruba to arrest or detain an aircraft object under the Netherlands Antilles and Aruba law for payment of amounts owed to such entity, organization or provider directly relating to the services provided by it in respect of that object or another object.

 

 

New Zealand

 

New Zealand declares, in accordance with Article 39(1)(a), that all categories of non-consensual right or interest, which under New Zealand law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest, whether in or outside insolvency proceedings.

 

 

Nigeria

 

The Federal Republic of Nigeria declares that the following categories of non-consensual right or interest:

 

(a) liens in favor workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object for services performed relating to that object; and

 

(b) liens in favor of repairers of an object in their possession to the extent of 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. *

 

* [This declaration was notified to UNIDROIT by the Federal Republic of Nigeria, as subsequent declarations pursuant to Article 57(1) of the Convention, on 26 March 2007, and in accordance with Article 57(2) of the Convention it took effect on  1 October 2007.]

 

 

Norway

 

Pursuant to Article 39 of the Convention, Norway declares that

 

(A) all categories of non-consensual rights or interests which under Norwegian law have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings; and

 

(B) nothing in the Convention shall affect the right of Norway or that of any entity thereof, any intergovernmental organization in which Norway is a member State, or other private provider of public services in Norway to arrest or detain an aircraft object under Norwegian law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object.

 

 

Oman

 

The Sultanate of Oman declares that the following categories of non-consensual right or interest:

 

(a) liens in favor of airline workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object;

 

(b) liens or other rights of an Omani state entity relating to taxes or other unpaid charges since the time of a declared default under a contract to finance or lease the subject object;

 

(c) liens in favor of repairers of an object in their possession to the extent of service perform 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.

 

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

 

 

Pakistan

 

Pakistan declares that the following categories of non-consensual right or interest:

 

(a) a right or interest in respect of an aircraft which, if the aircraft had been a vessel, would have resulted in a maritime lien on the aircraft and its equipment for (A) salvage and (B) damage done by that Aircraft;

 

(b) liens in favour of any state entity relating to unpaid taxes or other charges directly related to the use of that aircraft and owed by the owner of the aircraft;

 

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.

 

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

 

 

Panama

 

In respect of Article 39 of the Convention, the following non-consensual rights and interests shall prevail over an international interest registered in accordance with the Convention:

 

• any sums due from or capable of being demanded from the debtor by way of salaries, pensions and other social security benefits and employment allowances owed in respect of employees of that debtor;

 

• any sums due from or capable of being levied from the debtor by way of fiscal and parafiscal contributions owed in respect of employees of that debtor;

 

The Republic of Panama declares that the rights or interests covered by this declaration shall prevail over an international interest registered before the date of the deposit of its instrument of ratification in respect of the Convention and the Protocol.

 

Likewise, it declares that none of the provisions of the Convention shall affect the right of the Panamanian State, a State entity, an intergovernmental organisation or a provider of public services to arrest or detain an object under the laws of the Republic of Panama for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object.

 

Finally, the Panamanian State states that these declarations do not pose an unacceptable risk to the holders of registered rights.

 

 

Paraguay

 

With respect to Article 39, paragraph 1(a):

 

All categories of non-consensual right or interest which under the Law of Paraguay have or come to have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest, whether within the scope of insolvency or not.

 

With respect to Article 39, paragraph 1(b):

 

Nothing in this Convention shall affect the right of the Republic of Paraguay or any of its entities, intergovernmental organization of which the Republic of Paraguay is a member State, or other private provider of public services in the Republic of Paraguay to arrest or detain an object under the laws of the State for payment of amount owed to any such entity, organization, or provider directly relating to those services in respect of that object or another object.

 

Qatar

 

Form No. 1 (specific declarations made under Article 39(1)(a):

 

The State of Qatar declares that the categories of non-consensual rights and guarantees are the following:

 

a) The right to seize equipment for the benefit of employees of an air carrier following
the non-payment of salaries starting from the date of the announcement of a breach
of the contract for financing or leasing the subject.

 

b) The right to seize equipment, rights or rights of an entity affiliated with the State of
Qatar following taxes or unpaid fees from the date of the announcement of a breach
of contract to finance or lease the subject matter of the right.

 

c) The right to seize equipment for the benefit of someone who repairs something and
keeps it in his possession by handing him over, in return for the services, what it has
been accomplished and the added value tax (VAT) of that object.

 

It shall have priority, according to this law, over any collateral in something equal to that of the holder of the registered international guarantee, and it shall have priority over any registered international collateral, whether it is outside of or within the insolvency proceedings.

 

 

Form No. 4 (specific declarations made under Article 39(1)(b):

 

The State of Qatar declares that nothing in this agreement affects its right, the right of an entity affiliated with the State, an intergovernmental organization or any other private body concerned with the provision of public services, to withhold or detain anything in accordance with its laws in order to pay amounts due to the State of Qatar or for that entity, organization or service provider, directly related to the services provided in relation to that issue or not.

 

 

Romania

 

In accordance with the provisions of Article 39, paragraph 1, letter b of the Convention, Romania declares that nothing in this Convention shall affect its right or that of any entity thereof, intergovernmental organization or other provider of public services in Romania, to arrest or detain an object under the laws of Romania for payment of amounts owed to such entity, organization or provider directly relating to those services in respect of that object or another object.

 

 

Russian Federation

 

1. Pursuant to subparagraph “a” of paragraph 1 of Article 39 of the Convention, the Russian Federation declares that on the territory of the Russian Federation the following claims of creditors that are satisfied during insolvency proceedings shall have priority over a registered international interest:

 

– creditors’ claims on current payments

 

– claims to cover costs for activities for the prevention of technogenic and/or environmental disasters or loss of life in cases where the termination of the debtor entity or its structural units may lead to technogenic and/or environmental disasters or loss of life;

 

– claims, by individuals to whom the debtor is liable for causing injury to life or health, which are settled by means of capitalization of relevant periodic payments, as well as claims for compensation for moral damage;

 

– claims for severance pay and remuneration of persons employed or working under an employment contract and for the payment of royalties to authors of intellectual property.

 

2. Pursuant to subparagraph “b” of paragraph 1 of Article 39 of the Convention, the Russian Federation declares that nothing in the Convention shall affect the right of the Russian Federation, or a State entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under the laws of the Russian Federation for payment of amounts owed to such organization or provider directly relating to the provision of such services in respect of an aircraft object.

 

 

Rwanda

 

The Republic of Rwanda declares that the following categories of non-consensual right or interest;

 

(a) liens in favor of workers 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 service 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.

 

 

San Marino

 

Declarations under Article 39(1)(a)

 

Pursuant Article 39(1)(a) of the Convention, the Republic of San Marino declares that the following categories of non-consensual right or interest:

 

(a) all the privileges provided by Article 17 of the San Marino Mortgage Law and subsequent amendments  

 

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

 

Declarations under Article 39(1)(b)

 

Pursuant Article 39(1)(b) of the Convention, the Republic of San Marino declares that nothing in this Convention shall affect the right of the Republic of San Marino or any its entities, intergovernmental organization of which the Republic of San Marino is a member State, or other private provider of public services in the Republic of San Marino to arrest or detain an object under the laws of the State for payment of amounts owed to any such entity, organization, or provider directly relating to those services in respect of that object.

 

 

Senegal: [Official translation; original version submitted in French]

 

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

 

The Republic of Senegal 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.

 

Form No. 4 (General declaration under Article 39(1)(b))

 

The Republic of Senegal declares that nothing in the Convention shall affect its right or that of any entity of that State, any intergovernmental 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.

 

 

Sierra Leone

 

Mandatory specific opt-in declaration under Article 39(1)(a)

 

In accordance with Article 39 of the Cape Town Convention, Sierra Leone declares that all categories of non-consensual rights or interests which under Sierra Leone law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings. 

 

General opt-in declaration under Article 39(1)(b)

 

The Republic of Sierra Leone declares that nothing in the Convention shall affect the right of Sierra Leone or that of any State entity thereof, any intergovernmental organization, or other private provider of public services in Sierra Leone to arrest or detain an aircraft object under Sierra Leone law for payment of amounts owed to Sierra Leone, any such entity, organization, or provider directly relating to those services in respect of that object or another object.

 

 

Singapore

 

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

 

In accordance with Article 39 of the Cape Town Convention, Singapore declares that:

 

(a) all categories of non-consensual rights or interests which under Singapore law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings;

 

(b) nothing in the Convention shall affect the right of Singapore or that of any State entity thereof, any intergovernmental organisation, or other private provider of public services in Singapore to arrest or detain an aircraft object under Singapore law for payment of amounts owed to Singapore, any such entity, organisation, or provider directly relating to those services in respect of that object or another object; and […]

 

 

South Africa

 

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

 

Pursuant to Article 39(1)(a) of the Convention the Republic of South Africa declares that all categories of non-consensual rights or interests which under South African law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest.

 

Form No. 4 (General declaration under Article 39(1)(b))

 

Pursuant to Article 39(1)(b) of the Convention the Republic of South Africa declares that nothing in the Convention shall affect its right or that of any entity of that State, any Intergovernmental Organization or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to The Republic of South Africa, any such entity, Organization or provider directly relating to the services provided by it in respect of that object or another object.

 

 

Spain: [Official translation; original version submitted in Spanish]

 

Declaration pursuant to Article 39(1)(a):

 

Pursuant to Article 39 (1) (a) of the Convention, the Kingdom of Spain declares that all categories of non-consensual rights or interests which under Spanish law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings, and whether it was registered before or after the accession of the Kingdom of Spain. * 

 

Declaration pursuant to Article 39(1)(b): 

 

Pursuant to Article 39 (1) (b) of the Convention, the Kingdom of Spain declares that nothing in the Convention shall affect the its right or that of any entity thereof, any international organisation in which the Kingdom of Spain is a Party, or other private provider of public services in the Kingdom of Spain to arrest or detain an object under the Spanish law for payment of amounts owed to the Kingdom of Spain or any of the aforementioned entities, such organisation or provider directly relating to those services in respect of that object or another object. *

 

*[On 27 November 2015, the Government of the Kingdom of Spain notified to UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of  subsequent declarations and in accordance with Article 57(2) of the Convention, these subsequent declarations took effect on 1 June 2016.]

 

 

Sweden

 

General declaration under Article 39(1)(a)

 

The Kingdom of Sweden declares that all categories of non-consensual rights or interests which under its law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest, whether in or outside insolvency proceedings and whether registered before or after the Kingdom of Sweden’s accession.

 

General declaration under Article 39(1)(b)

 

The Kingdom of Sweden declares that nothing in the Convention shall affect its right or that of any State entity, any intergovernmental Organisation or other private provider 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.

 

 

Togo: [Official translation; original version submitted in French]

 

1 – Declaration pursuant to Article 39(1)(a) *

 

The Togolese Republic declares that the following categories of non-consensual rights or interests:

 

a) wage claims on behalf of employees of airline companies arising from a contract of employment;

 

b) tax charges or other fees payable in relation to the operation of the aircraft, or in relation to its detention arising from a failure of the operator or owner in accordance with the provisions of a contract for the financing or leasing of the aircraft;

 

c) liens in favour of repairers of an aircraft in their possession to the extent of amounts due for their services;

 

Have priority under its laws regarding interests in an aircraft object over the interests of a holder of an international interest and have priority over a registered international interest, whether in or outside of insolvency proceedings.

 

2 – Declaration pursuant to Article 39(1)(b) *

 

The Togolese Republic declares that nothing in the Convention shall affect its right or that of any entity of the State, nor that of any intergovernmental organisation or other private provider of public services to arrest or detain an aircraft under laws in force in its territory for the payment of amounts that are owed to such an entity, organisation or provider and which are directly related to services provided by it in respect of that aircraft or any other.

 

* [These declarations were notified to UNIDROIT by the Republic of Togo, as subsequent declarations pursuant to Article 57(1) of the Convention, on 26 September 2011, and in accordance with Article 57(2) of the Convention they took effect on 1 April 2012.]

 

 

Turkey

 

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

 

The Republic of Turkey declares that all categories of non-consensual rights or interests (other than a right or interest to which Article 40 of the Cape Town Convention applies) which under Turkish Law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings.

 

(ii) Form No. 4 (General declaration under Article 39(1)(b))

 

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

 

 

United Arab Emirates

 

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

 

The United Arab Emirates declares that the following categories of non-consensual right or interest:

 

(a) liens in favour of airlines workers for unpaid wages arising since the time of a declared default under a contract to finance or lease the subject object;

 

(b) liens in favour of any United Arab Emirates state entity relating to unpaid taxes or other charges since the time of a declared default under a contract to finance or lease the subject object;

 

(c) liens in favour of repairers of an object in their possession to the extent of services performed on and value added to the object

 

shall 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 and shall have priority over a registered international interest, whether in or outside insolvency proceedings.

 

 

(ii) Form No. 4 (General declaration under Article 39(1)(b))

 

The United Arab Emirates declares that nothing in the Convention shall affect its right or that of any entity of that State, any intergovernmental Organization or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to the United Arab Emirates, any such entity, Organization or provider directly relating to the services provided by it in respect of the object.

 

 

United Kingdom

 

At the time of ratification – Pursuant to Article 39(1) of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares:

 

(a)    all categories of non-consensual rights or interests which under the law of the United Kingdom of Great Britain and Northern Ireland, the law of Gibraltar, the law of the Cayman Islands or the law of the Island of Guernsey at the date of this declaration, or created after that date, 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; and

 

(b)    that nothing in the Convention shall affect the rights of the United Kingdom of Great Britain and Northern Ireland, Gibraltar, the Cayman Islands and the Island of Guernsey or any intergovernmental organization of which the United Kingdom of Great Britain and Northern Ireland is a Member State, or other private provider of public services in the United Kingdom of Great Britain and Northern Ireland, Gibraltar, the Cayman Islands and the Island of Guernsey to arrest or detain an airframe, aircraft engine or helicopter under the law of the United Kingdom of Great Britain and Northern Ireland, the law of Gibraltar, the law of the Cayman Islands or the law of the Island of Guernsey for payment of amounts owed to such entity, organization or provider directly relating to those services in respect of that object or another object, or in the case of the Island of Guernsey in respect of that object only.

 

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 Articles 39(1) and 52(4) of the Convention on International Interests in Mobile Equipment (the “Convention”):

(a) that all categories of non-consensual rights or interests which, under the laws of Bermuda at the date of this Declaration, or created after that date, 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) that nothing in the Convention shall affect the right of the Government of Bermuda or any other provider of public services (whether an intergovernmental organisation or a private or public entity or otherwise) to arrest or detain an aircraft object under the laws of Bermuda for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that aircraft object or another aircraft object.

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 Articles 39(1) and 52(4) of the Convention on International Interests in Mobile Equipment (the “Convention”):

(a) that all categories of non-consensual rights or interests which under the law of the Isle of Man at the date of this Declaration, or created after that date, 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; and

(b) that nothing in the Convention shall affect the rights of the Isle of Man or any intergovernmental organisation of which the United Kingdom of Great Britain and Northern Ireland, is a Member State, or other private provider of public services in the Isle of Man to arrest or detain an airframe, aircraft engine or helicopter under the law of the Isle of Man for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another object.

 

United States of America

 

Pursuant to Article 39 of the Convention –

 

(A) all categories of non-consensual rights or interests which under United States law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceedings; and

 

(B) nothing in the Convention shall affect the right of the United States or that of any entity thereof, any intergovernmental organization in which the United States is a member State, or other private provider of public services in the United States to arrest or detain an aircraft object under United States law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object.

 

 

Viet Nam

 

General declaration under Article 39(1)(a)

 

The Socialist Republic of Viet Nam declares that all categories of non-consensual right or interest which under its law have and will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall have priority over a registered international interest, whether in or outside insolvency proceedings and whether registered before or after the Socialist Republic of Viet Nam’s accession.

 

General declaration under Article 39(1)(b) 

 

The Socialist Republic of Viet Nam declares that nothing in the Convention shall affect its right or that of any State entity, any intergovernmental Organisation or other private provider 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.

 

 

Zambia

 

Declaration under Article 39(1)(a)-(b)

 

Pursuant to Article 39(1)(a) of the Convention, the Republic of Zambia declares that all categories of non-consensual rights or interests which under Zambian law have or will in the future have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest.

 

Pursuant to Article 39(1)(b) of the Convention, the Republic of Zambia declares that nothing in in the Convention shall affect its right or that of any entity of Zambia, any intergovernmental organisation or other private provider of public services to arrest or detain an object under its laws for payment of amounts owed to the Republic of Zambia, any such entity, organisation or provider directly relating to the services provided by it in respect of that object.

DECLARATIONS DEPOSITED UNDER THE  CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT RELATING TO ARTICLE 39(4)

 

 

Argentina

 

  1. With respect to Article 39, paragraph 4:

A right or interest of a category of transactions covered by the declaration made under Article 39, paragraph 1(a) shall have priority over an international interest registered prior to the date of the instrument of accession.

 

* The original version of this declaration was submitted in Spanish.
   This version of the declaration is a translation prepared by the UNIDROIT Secretariat.

 

 

Brazil

 

(iii) Declaration under Article 39, paragraph 4

 

a right or interest of a category covered by a declaration made under Article 39, sub-paragraph a of paragraph 1, shall have priority over an international interest registered prior to the date of the instrument of accession.

 

 

Canada

The Government of Canada declares, in accordance with Article 39(4) of the Convention, that a right or interest referred to in a declaration made pursuant to Article 39(1)(a) of the Convention shall have priority over an international interest registered prior to the date of deposit of Canada’s instrument of ratification.

 

 

China

 

Declaration under Article 39(4) of the Convention: A right or interest of a category covered by the declaration made under Article 39(1)(a) shall have priority over an international interest registered prior to the date of ratification of the Protocol.

 

 

Kazakhstan

 

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

 

The Republic of Kazakhstan declares that a right or interest of a category covered by the declaration made under Article 39 (1) (a) of the Convention shall have priority over an international interest registered prior to the date of the Protocol ratification.

 

* [This declaration was notified to UNIDROIT by the Republic of Kazakhstan, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 16 November 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 June 2013.

See text of the previous declaration below.
[On 15 March 2011 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration. In accordance with Article 57(2) of the Convention, this subsequent declaration 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 declaration made on 15 March 2011. The withdrawal took effect on 1 June 2013.

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.]

 

 

Kyrgyzstan

 

Declaration under Article 39, paragraph 4 of the Convention

The Kyrgyz Republic declares that the right or guarantee of one of the categories covered by the Declaration made under article 39, paragraph 1(a), of the Convention has priority over the international guarantee registered before the date of ratification of the Protocol on aviation equipment to the Convention on international interests in mobile equipment (hereinafter referred to as the Protocol).

 

 

Malta

 

Pursuant to subarticle 4 of Article 39 of the Convention, it is declared that all categories of non-consensual rights or interests which under Maltese law constitute a special privilege on aircraft shall have priority over an international interest registered prior to the date of its deposit of its instrument of accession.

 

 

Namibia

 

Declaration under Article 39(4)

 

Pursuant to Article 39(4) of the Convention, the Republic of Namibia declares that a right or interest of a category covered by a declaration under Article 39(1)(b) has priority over an international interest registered prior to the date of deposit of its instrument of accession.

 

 

Pakistan

 

Pakistan declares that a right or interest of a category covered by a declaration made under Form No. l shall have priority over an international interest registered prior to the date of the deposit of its instrument of accession.

 

Panama

 

In respect of Article 39 of the Convention, the following non-consensual rights and interests shall prevail over an international interest registered in accordance with the Convention

 

  • any sums due from or capable of being demanded from the debtor by way of salaries, pensions and other social security benefits and employment allowances owed in respect of employees of that debtor;

 

  • any sums due from or capable of being levied from the debtor by way of fiscal and parafiscal contributions owed in respect of employees of that debtor;

 

  • any sums due from or capable of being levied from the debtor, by way of taxes, duties or contributions payable to the Panamanian State or to the decentralised bodies that collect such revenue, in accordance with Panama’s internal laws;

 

  • the right of the Republic of Panama to arrest, attach or confiscate mobile equipment and aircraft equipment in the event of breach of the customs or criminal laws of the Republic of Panama.

 

The Republic of Panama declares that the rights or interests covered by this declaration shall prevail over an international interest registered before the date of the deposit of its instrument of ratification in respect of the Convention and the Protocol.

 

Likewise, it declares that none of the provisions of the Convention shall affect the right of the Panamanian State, a State entity, an intergovernmental organisation or a provider of public services to arrest or detain an object under the laws of the Republic of Panama for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object.

 

Finally, the Panamanian State states that these declarations do not pose an unacceptable risk to the holders of registered rights.

 

 

Paraguay

 

 

With respect to Article 39, paragraph 4:

 

A right or interest of a category covered by a declaration made under Article 39, sub-paragraph (a) of paragraph 1, shall have priority over an international interest registered prior to the date of the instrument of accession.

 

 

San Marino

 

Declarations under Article 39(4)

 

Pursuant Article 39(4) of the Convention, the Republic of San Marino declares that all the categories of non-consensual right or interest covered by the declaration lodged pursuant Article 39(1)(a) of the Convention shall have priority over a security interest registered prior to the date of its deposit of its instrument of accession.

 

 

Singapore

 

In accordance with Article 39 of the Cape Town Convention, Singapore declares that:

[…]

(c) all categories of non-consensual rights or interests covered by this declaration shall prevail over an international interest registered before the date of the deposit of this declaration.

 

 

Sweden

 

Declaration under Article 39(4)

 

The Kingdom of Sweden declares that pursuant to Article 39(4) of the Convention a right or interest in a category referred to in sub-paragraph (1)(a) above shall have priority over an international interest registered prior to the date of deposit of the Swedish instrument of accession.

 

 

United Kingdom

 

At the time of ratification – Pursuant to Article 39(4) of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that a right or interest in a category referred to in sub-paragraph (a) above, in the United Kingdom of Great Britain and Northern Ireland, or in the territory of Gibraltar, the Cayman Islands or the Island of Guernsey, shall have priority over an international interest registered prior to the date of deposit of the United Kingdom of Great Britain and Northern Ireland’s instrument of ratification.

 

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 Articles 39(4) and 52(4) of the Convention, that, a right or interest of a category covered by a declaration made under paragraph (a) above pursuant to Article 39(1)(a) of the Convention shall have priority over an international interest registered prior to the date of deposit of the instrument of extension of the United Kingdom of Great Britain and Northern Ireland of the Convention to Bermuda.

 

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 Articles 39(4) and 52(4) of the Convention, that, a right or interest in a category referred to in sub-paragraph (a) above pursuant to Article 39(1)(a) of the Convention, in the Isle of Man, shall have priority over an international interest registered prior to the date of deposit of the instrument of extension of extension of the United Kingdom of Great Britain and Northern Ireland of the Convention to the Isle of Man.

DECLARATIONS DEPOSITED UNDER THE  CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 40

 

 

Afghanistan

 

The Islamic Republic of Afghanistan declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges –

 

shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Angola

 

The Republic of Angola declares that the following categories of non-consensual right or interest:

 

a. Rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

b. Liens or other rights of a state entity relating to taxes or other unpaid charges

 

Shall be registered under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Bahrain

 

(iii) Form No. 6 (Declaration under Article 40)

 

The Kingdom of Bahrain declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment;

 

(b) liens to other rights of the Government of the Kingdom of Bahrain relating to taxes of other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention); and

 

(c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention

 

Shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Bangladesh

 

The People’s Republic of Bangladesh declares that the following categories of non-consensual rights or interest shall be registerable under the Convention as regards any category of aircraft objects as if the right or interest were an international interest and shall be regulated accordingly, namely

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement; and

 

(b) liens or other rights of an authority of Bangladesh relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and

 

(c) liens in favour or airline employees for unpaid wages arising prior to the time declared default by that airline under a contract to finance or lease an aircraft object;

 

 

Cameroon[Official translation; original version submitted in French]

 

The Republic of Cameroon 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.

 

 

Cape Verde

 

Form No. 6 (Declaration under Article 40)

 

The Republic of Cape Verde declares that the following non-consensual rights or interests:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment, and

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

China

 

2. Declaration under Article 40 of the Convention: Rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement shall be registrable non-consensual rights or interests.

 

 

Congo: [Official translation; original version submitted in French]

 

 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.

 

 

Côte d’Ivoire

 

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.

 

[This declaration was notified to UNIDROIT by the Government of the Republic of Côte d’Ivoire as subsequent declaration pursuant to Article 57(1) of the Convention, on 12 June 2019, and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 January 2020.]

 

 

Democratic Republic of the Congo

 

Article 40

 

The Democratic Republic of the Congo declares that any non-consensual rights or interests arising from the arrest of the aircraft object in partial or full satisfaction of a legal judgment, shall be registrable under the Convention as if these rights or interests were international interests, and shall be regulated accordingly.

 

 

Denmark

 

Pursuant to Article 40 of the Convention the Kingdom of Denmark declares that the following categories of non-consensual rights or interests shall be registrable under the Convention as if the right or interest were an international interest and shall be regulated accordingly:

 

1. Rights stemming from a court order permitting attachment of an object covered by the Convention in partial or full satisfaction or of a legal judgment; and

 

2. Notifications of bankruptcy orders when the bankruptcy estate includes objects covered by the Convention in order to protect the rights of the bankruptcy estate.

 

 

Ethiopia

 

Registrable non-consensual right under Article 40 of the Convention:

 

• Right of Judgment creditors.

 

 

Iceland

 

Declaration under Article 40

 

Iceland declares that for purposes of Article 40 of the Convention a non-consensual right or interest arising under Icelandic law in which an object is subject to attachment or seizure (including provisionally), shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

India:

 

(iii) Form No. 6 (Declaration under Article 40)

 

The following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly, namely:-

 

(a) liens in favour of airline employees for unpaid wages arising prior to the time of a declared default by that airline under a contract to finance or lease an aircraft object;

 

(b) liens or other rights of an authority of India relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and

 

(c) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment.

 

 

Indonesia

 

Indonesia declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:

 

a. liens in favour of airline employee for unpaid wages arising prior to the time of a declared default under a contract to finance or lease aircraft object;

 

b. liens or other right of an authority of Indonesia relating to taxes or other unpaid charges arising from or related to the use of an aircraft object, and arising prior to the time of a declared default under a contract to finance or lease that aircraft object; and

 

c. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement.

 

 

Kazakhstan

   

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, which entered into force;

 

d) lines or other rights of a state entity relating to ensure payment of a tax debt 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 registrable under the Convention as regards any category of objects as if the right or interest were an international interest and shall be regulated accordingly.

 

* [This declaration was notified to UNIDROIT by the Republic of Kazakhstan, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 16 November 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 June 2013.
See text of the previous declaration below.
[On 15 March 2011 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration. In accordance with Article 57(2) of the Convention, this subsequent declaration 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 declaration made on 15 March 2011. The withdrawal took effect on 1 June 2013.

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) liens 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.]

 

 

Kenya

 

Kenya declares that the following category of non-consensual right or interest; rights of judgment creditors;

 

shall be registerable under the convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Kyrgyzstan

 

Declaration under Article 40 of the Convention

The Kyrgyz Republic declares that the following categories of non-contractual rights or guarantees:

1) the right of a person who has received a judicial act providing for the arrest of an aviation object for the purpose of full or partial execution of a court decision that has entered into force;

2) to right to seize property and other rights of state bodies to secure payment of tax arrears and any other payments that are not included in the application under article 39, paragraph 1(a) of the Convention;

3) any other non-contractual rights or guarantees not included in the Declaration under article 39, paragraph 1(a) of the Convention are subject to registration under the Convention for any category of objects, as if such rights or guarantees were international guarantees, and should be treated as international guarantees.

 

 

Latvia

 

Article 40

 

In accordance with Article 40 of the Convention on International Interests in Mobile Equipment, done at Cape Town on 16 November 2001, *

 

The Republic of Latvia declares that the rights of the person for whose benefit a prohibition or pledge endorsement has been registered, according to the decision of the court or institution, in the aircraft register in respect of the specific aircraft shall be respectively regulated and registered according to the Convention in respect of aircraft objects.

 

[This declaration was notified to UNIDROIT by the Government of the Republic of Latvia as subsequent declaration pursuant to Article 57(1) of the Convention, on 18 February 2021, and in accordance with Article 57(2) of the Convention, this subsequent declaration will take effect on 1 September 2021.]

 

 

Madagascar

 

Form No. 6 (Declaration under Article 40)

 

The Republic of Madagascar declares that any non-consensual rights or interests arising from the arrest of the aircraft object in partial or full satisfaction of a legal judgment, shall be registrable under the Convention as if these rights or interests were international interests, and shall be regulated accordingly.

 

 

Malawi

 

Form No. 6 (Declaration under Article 40)

 

The Republic of Malawi declares that consensual rights or rights of judgment creditors are a category of non-consensual rights or interests and shall be registerable under the Convention as regards any category of object as if the rights or interests were an international interest and shall be regulated accordingly.

 

 

Malaysia

 

Malaysia declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:

 

a. liens in favour of airline employees for unpaid wages arising prior to the time of a declared default by that airline under a contract to finance or lease an aircraft object;

 

b. liens or other rights of an authority of Malaysia relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, and arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and,

 

c. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment.

 

 

Malta

 

Pursuant to Article 40 of the Convention, it is declared that the following categories of non-consensual right or interest;

 

1. taxes, duties and/or levies due to the Government of Malta in respect of the aircraft; and

 

2. wages and expenses for assistance or recovery in respect of the aircraft,

 

shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Mozambique

 

Form No. 6 (Declaration under Article 40)

 

The Republic of Mozambique declares that the categories of controversial rights or interests:

 

(a) Rights of a person that has obtained a judicial decision which allows for an annexation of an airplane object for total or partial satisfaction of a judicial ruling;

 

(b) Credits or other rights of a government entity related with taxes or other not paid duties 

 

must be registered under the Convention with regard any of object, as if the right was an international right, and being governed accordingly.

 

 

Myanmar

 

(ii) Form No. 6 (Declaration under Article 40)

 

Myanmar declares that the following categories of non-consensual right or interest:

 

a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

b) liens or others 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

 

c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Nigeria

 

The Federal Republic of Nigeria declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement;

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges;

 

(c) liens of a salvor for unpaid charges in respect of salvage services provided to an aircraft object when it is water borne;

 

(d) liens of a person providing towage services to an aircraft object when it is water borne in respect of unpaid charges and

 

(e) liens of a bailee of an aircraft object in respect of unpaid charges for the bailment of the said aircraft object,

 

shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly. *

 

* [This declaration was notified to UNIDROIT by the Federal Republic of Nigeria, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 March 2007, and in accordance with Article 57(2) of the Convention it took effect on 1 October 2007.]

 

 

Norway

 

Pursuant to Article 40 of the Convention Norway declares that the following categories of non-consensual right or interest:

 

a. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement; and

 

b. liens or other rights of a state entity relating to taxes or other unpaid charges

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Oman

 

The Sultanate of Oman declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment;

 

(b) liens in favor workers for unpaid wages arising prior to the time of a declared default under a contract to finance or lease the subject object;

 

(c) liens or other rights of a state entity relating to taxes or other unpaid charges prior to the time of a declared default under a contract to finance or lease the subject object;

 

(d) all other non consensual rights or interests which under the law of the Sultanate of Oman could have priority over the rights of secured creditors –

 

shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Pakistan

 

Pakistan declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges of any type whatsoever (which is not a priority non-consensual right or interest)

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Qatar

 

Form No. 6 (declarations specified under Article 40):

 

The State of Qatar declares the following categories of non-consensual rights:

 

a) The right of a person holding a court order allowing the seizure of something
belonging to an airplane in implementation of a court ruling.

 

b) The right to pensions for the benefit of employees when the pending salaries are not
paid before the announcement of the breach of a contract to finance or lease the
subject of the right.

 

c) The right to seize equipment or other rights for a State entity related to taxes or
unpaid fees prior to the date of the announcement of the breach of a contract for
financing or leasing the subject of the right.

 

d) All other non-consensual rights and guarantees related to un-satisfaction that, under
the law of the State of Qatar, have priority over the rights of those with a guaranteed
debt.

 

It is registered under the agreement at the expense of categories of things as if it were an international guarantee and must be regulated accordingly.

 

 

Rwanda

 

The Republic of Rwanda declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

(b) liens 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

 

(c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention – 

 

shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

 San Marino

 

Declarations under Article 40

 

Pursuant Article 40 of the Convention, the Republic of San Marino declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement; and 

 

(b) liens in favour of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object 

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Senegal: [Official translation; original version submitted in French]

 

The Republic of Senegal declares that the following non-consensual rights or interests:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment, and

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Sierra Leone

 

Opt-in declaration under Article 40

 

The Republic of Sierra Leone declares that consensual rights or rights of judgment creditors are a category of non-consensual rights or interests and shall be registerable under the Convention as regards any category of object as if the rights or interests were an international interest and shall be regulated accordingly.

 

 

South Africa

 

The Republic of South Africa declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

(b) liens or other rights of a state entity relating to taxes or other unpaid charges-

 

shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and hall be regulated accordingly.

 

 

Spain: [Official translation; original version submitted in Spanish]

 

Declaration pursuant to Article 40:

 

The Kingdom of Spain declares that the following categories of non-consensual right or interest: 

 

a) rights of a person obtaining court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment, 

 

b) liens or other rights of a State entity relating to taxes or other unpaid charges 

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly. *

 

*[On 27 November 2015, the Government of the Kingdom of Spain notified to UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of a subsequent declaration and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 June 2016.]

 

 

Sweden

 

Declaration under Article 40

 

The Kingdom of Sweden declares that for purposes of Article 40 of the Convention a non-consensual right or interest arising under Swedish law in which an object is subject to attachment or seizure (including provisionally), shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Togo: [Official translation; original version submitted in French]

  

Article 40 *

 

The Togolese Republic 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.

 

* [This declaration was notified to UNIDROIT by the Republic of Togo, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 September 2011, and in accordance with Article 57(2) of the Convention it took effect on 1 April 2012.]

 

 

Turkey

 

iii) Form No. 6 (Declaration under Article 40)

 

The Republic of Turkey declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:

 

a. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and

 

b. liens or other rights of a state entity relating to taxes or other unpaid charges.

 

 

United Arab Emirates

 

The United Arab Emirates declares that the following categories of non-consensual right or interest:

 

(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement;

 

(b) liens in favour of workers for unpaid wages arising prior to the time of a declared default under a contract to finance or lease the subject object;

 

(c) liens or other rights of a state entity relating to taxes or other unpaid charges arising (d) all other nonconsensual rights or interests which under the law of the United Arab Emirates could have priority over the rights of secured creditors –

 

shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

 

 

Viet Nam

 

The Socialist Republic of Viet Nam declares that the following non-consensual rights or interests: the right of a person who has obtained a court order to arrest or detain an aircraft object in partial or in full to satisfy a court’s judgment, and the right to arrest or detain an object or any other rights of any State entity under its national laws in relation to a payment of unpaid amounts of taxes or fees owed to it shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.

DECLARATIONS DEPOSITED UNDER THE  CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 48(2)

 

 

European Community

 

I. Declaration made pursuant to Article 48(2) concerning the competence of the European Community over matters governed by the Convention on International Interests in Mobile Equipment (“Cape Town Convention”) in respect of which the Member States have transferred their competence to the Community

 

1. Article 48 of the Cape Town Convention provides that regional economic integration organisations which are constituted by sovereign States and which have competence over certain matters governed by that Convention may accede to it on condition that they make the declaration referred to in Article 48(2). The Community has decided to accede to the Cape Town Convention and is accordingly making that declaration.

 

2. The current Members of the Community are the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand-Duchy of Luxembourg, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

 

3. However, this Declaration does not apply to the Kingdom of Denmark, in accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community.

 

4. This Declaration is not applicable in the case of the territories of the Member States in which the Treaty establishing the European Community does not apply and is without prejudice to such acts or positions as may be adopted under the Cape Town Convention by the Member States concerned on behalf and in the interests of those territories.

 

5. The Member States of the European Community have transferred their competence to the Community as regards matters which affect Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1, Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings2 and Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)3.

 

6. At the time of accession to the Cape Town Convention, the Community will not make any of the declarations permitted under the Articles referred to in Article 56 of the said Convention, with the exception of a declaration concerning Article 55. The Member States keep their competence concerning the rules of substantive law as regards insolvency.

 

7. The exercise of the competence which the Member States have transferred to the Community pursuant to the Treaty establishing the European Community is, by its nature, liable to continuous development. In the framework of that Treaty, the competent institutions may take decisions which determine the extent of the competence of the Community. The latter therefore reserves the right to amend this Declaration accordingly, without this constituting a prerequisite for the exercise of its competence with regard to matters governed by the Cape Town Convention.

 

 

______________________

1 OJ L 12, 16.1.2001, p. 1.

 

2 OJ L 160, 30.6.2000, p. 1.

 

3 OJ L 177, 4.7.2008, p. 6.

DECLARATIONS DEPOSITED UNDER THE  CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 50

 

 

China

 

4. Declaration under Article 50(1) of the Convention: The Convention shall not apply to a transaction which is an internal transaction in relation to the PRC.

 

 

Mexico

 

The United Mexican States declares that the Convention shall not apply to a transaction which is an internal transaction in relation to itself with regard to all types of object, subject to Article 50.

 

 

Panama

 

3. As to Article 50 of the Convention, the Convention and the Protocol shall not apply to any transaction which is an internal transaction in relation to the Republic of Panama with regard to all those types of objects falling within the sphere of application of the Convention or the Protocol. 

 

 

Turkey

 

iv) Form No. 8 (General declaration under Article 50)

 

The Republic of Turkey declares that the Convention and the Protocol shall not, subject to Article 50(2) thereof, apply to any transaction which is an internal transaction in relation to the Republic of Turkey with regard to all those types of objects falling within the sphere of application of the Convention or the Protocol.

 

 

Ukraine

 

This Convention shall not apply to a transaction which is an internal transaction in relation to Ukraine with regard to all types of objects.

DECLARATIONS DEPOSITED UNDER THE  CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 52

 

 

Afghanistan

 

The Islamic Republic of Afghanistan declares that the Convention is to apply to all its territorial units.

 

 

Bangladesh

 

The People’s Republic of Bangladesh declares that the Convention shall apply to whole of Bangladesh including its maritime boundaries.

 

 

Cameroon: [Official translation; original version submitted in French]

 

The Republic of Cameroon declares that the Convention extends to all its territorial units.

 

 

Canada

 

At the time of ratification – The Government of Canada declares, in accordance with Article 52 of the Convention, that the Convention is to apply to the following provinces and territories: Alberta, British Columbia, Manitoba, Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec and Saskatchewan.

 

As from 1 October 2014, by virtue of a subsequent declaration, the Government of Canada shall extend the application of the Convention to Prince Edward Island and Yukon.

 

As from 1 July 2016, by virtue of a subsequent declaration, the Government of Canada shall extend the application of the Convention to New Brunswick.

 

 

Congo: [Official translation; original version submitted in French]

 

The Republic of Congo declares that the Convention extends to all its territorial units.

 

 

Côte d’Ivoire

 

Article 52

 

The Republic of Côte d’Ivoire declares that the Convention is to apply to all its territorial units.

 

[This declaration was notified to UNIDROIT by the Government of the Republic of Côte d’Ivoire as subsequent declaration pursuant to Article 57(1) of the Convention, on 12 June 2019, and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 January 2020.]

 

 

Denmark

 

Pursuant to Article 52 of the Convention the Kingdom of Denmark declares that until further decision, the Convention will not apply to the Faroe Islands and Greenland.

 

 

India

 

(iv) Form No. 10 (General declaration under Article 52)

 

The Convention shall apply to all its territorial units.

 

 

Myanmar

 

(iii) Form No. 10 (General declaration under Article 52)

 

Myanmar declares that the Convention is to apply to all its territorial units.

 

 

Netherlands

 

Pursuant to Article 52, paragraph 1, of the Convention, the Kingdom of the Netherlands declares that the Convention is to apply to the following territorial units: the Netherlands Antilles and Aruba.

 

 

New Zealand

 

New Zealand declares, in accordance with Article 52, that, consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.

 

 

Oman

 

The Sultanate of Oman declares that the Convention is to apply to all its territorial units.

 

 

Pakistan

 

Pakistan declares that the Convention is to apply to all its territorial units.

 

 

Rwanda

 

The Republic of Rwanda declares that the Convention is to apply to all its territorial units.

 

 

Senegal: [Official translation; original version submitted in French]

 

The Republic of Senegal declares that the Convention is to apply to all its territorial units.

 

 

Spain

 

In the event that this Convention on International Interests in Mobile Equipment were to be applied to Gibraltar, Spain wishes to make the following declaration:

 

  1. Gibraltar is a non‐autonomous territory for the international relations of which theUnited Kingdom is responsible and which is subject to a decolonisation process in accordancewith the relevant decisions and resolutions of the General Assembly of the United Nations.

 

  1. The authorities of Gibraltar are of a local nature and exercise exclusively internal competences which have their origin and their foundation in the distribution and attribution of competences performed by the United Kingdom, in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non‐autonomousterritory depends.

 

  1. As a result, should the Gibraltarian authorities participate in the application of this Convention it will be understood as effected exclusively within the scope of the internal competences of Gibraltar, and it cannot be considered to produce any change whatsoever in relation with what was established in the two preceding paragraphs.

 

  1. The procedure established by the regime relating to Gibraltar authorities in the context of certain international treaties agreed upon by Spain and the United Kingdom on 19 December 2007 is applicable to this agreement.

 

  1. The application to Gibraltar of the present Convention cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great Britain.

 

 

United Arab Emirates

 

The United Arab Emirates declares that the Convention is to apply to all its territorial units.

 

 

United Kingdom

 

At the time of ratification – Pursuant to Article 52 of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that the United Kingdom’s Ratification shall be extended to the territories of the Island of Guernsey, the Cayman Islands and Gibraltar for whose international relations the Government of the United Kingdom of Great Britain and Northern Ireland is responsible.

 

As from 1 January 2018, by virtue of subsequent declarations, the Government of the United Kingdom of Great Britain and Northern Ireland declares, pursuant to Article 52 of the Convention, that, the ratification of the Convention of the United Kingdom of Great Britain and Northern Ireland shall be extended to the territories of Bermuda and of the Isle of Man for whose international relations the Government of the United Kingdom of Great Britain and Northern Ireland is responsible.

DECLARATIONS DEPOSITED UNDER THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 53

 

 

Afghanistan

 

All primary courts of the Islamic Republic of Afghanistan are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Argentina

 

4. With respect to Article 53:

The Argentine Republic declares that all competent courts of the Argentine Republic, as determined in accordance with the laws and regulations of the judicial system of the Argentine Republic, are the relevant courts for the purposes of Article 1(h) and Chapter XII of this Convention.

 

* The original version of this declaration was submitted in Spanish.
   This version of the declaration is a translation prepared by the UNIDROIT Secretariat.

 

 

Australia

 

The Government of Australia declares that, in accordance with Article 53, the following courts are the relevant courts for the purposes of Article l and Chapter XII of the Convention: the Federal Court of Australia; the Supreme Court of New South Wales; the Supreme Court of Victoria; the Supreme Court of Queensland; the Supreme Court of South Australia; the Supreme Court of Western Australia; the Supreme Court of Tasmania; the Supreme Court of the Northern Territory; the Supreme Court of the Australian Capital Territory; and the Supreme Court of Norfolk Island.

 

 

Bangladesh

 

The People’s Republic of Bangladesh declares that The Supreme Court of Bangladesh is the relevant Court of Bangladesh under the CTC} for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Brazil

 

The Federative Republic of Brazil declares that all of the competent courts of the Federative Republic of Brazil, as determined in accordance with the laws and regulations of the judicial system of the Federative Republic of Brazil, are the relevant court(s) for the purposes of Article 1 and Chapter XII of this Convention.

 

 

Cameroon: [Official translation; original version submitted in French]

 

The Republic of Cameroon declares that the competent civil courts under the legislation of Cameroon governing the organisation of the courts are competent for the purposes of the application of Article 1 and Chapter XII of the Convention.

 

 

Canada

 

At the time of ratification – The Government of Canada declares, in accordance with Article 53 of the Convention, that for all matters within federal jurisdiction, the superior courts of the provinces and territories are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention. 

 

The Government of Canada also declares, in accordance with Article 53 of the Convention, that the following courts are the relevant courts for all matters within provincial and territorial jurisdiction for the purposes of Article 1 and Chapter XII of the Convention: in Alberta – the Court of Queen’s Bench; in British Columbia – the Supreme Court; in Manitoba – the Court of Queen’s Bench; in Newfoundland and Labrador – the Supreme Court, Trial Division; in the Northwest Territories – the Supreme Court; in Nova Scotia – the Supreme Court; in Nunavut – the Nunavut Court of Justice; in Ontario – the Superior Court of Justice; in Quebec – the Superior Court; and in Saskatchewan – the Court of Queen’s Bench. 

 

As from 1 October 2014, by virtue of a subsequent declaration, the Government of Canada declares, in accordance with Article 53 of the Convention, that, for the purposes of Article 1 and Chapter XII of the Convention, in Prince Edward Island the Supreme Court of Prince Edward Island is the relevant court for all matters within provincial jurisdiction and in Yukon the Supreme Court of Yukon is the relevant court for all matters within territorial. 

 

As from 1 July 2016, by virtue of a subsequent declaration, the Government of Canada declares, in accordance with Article 53 of the Convention, that, for the purposes of Article 1 and Chapter XII of the Convention, in New Brunswick the Court of Queen’s Bench of New Brunswick is the relevant court for all matters within provincial jurisdiction.

 

 

Cape Verde

 

Form No. 11 (Declaration under Article 53)

 

The Republic of Cape Verde declares that all courts with competent jurisdiction under the laws of Cape Verde are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

China

 

5. Declaration under Article 53 of the Convention: The intermediate people’s courts where the headquarters of relevant airlines of the PRC are located have jurisdictions over aircraft equipment leasing disputes covered by the Convention.

 

 

Congo: [Official translation; original version submitted in French]

 

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.

 

 

Costa Rica

 

Declaration under Article 53

 

The Government of the Republic of Costa Rica considers that the ordinary courts constitutionally established by law shall have the authority to hear and determine any dispute arising between the contracting parties or, failing that, the arbitration mechanism at the option of the same parties.

 

 

Côte d’Ivoire

 

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. 

 

[This declaration was notified to UNIDROIT by the Government of the Republic of Côte d’Ivoire as subsequent declaration pursuant to Article 57(1) of the Convention, on 12 June 2019, and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 January 2020.]

 

 

Democratic Republic of the Congo

 

Article 53

 

The Democratic Republic of the Congo declares that the Congolese courts and tribunals are competent for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Egypt  [Official translation; original version submitted in Arabic]

 

The Arab Republic of Egypt declares that, in accordance with Article 53 of the Convention, the Egyptians Courts shall be competent inside the territory of the Arab Republic of Egypt regarding the implementation of Article 1 and Chapter XII of the Convention.

 

* [This declaration was notified to UNIDROIT by the Government of the Arab Republic of Egypt, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 7 November 2019, and in accordance with Article 57(2) of the Convention it will take effect on 1 June 2020.]

 

 

Ghana

 

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.

 

 

Iceland

 

Declaration under Article 53

 

Pursuant to Article 53 of the Convention, Iceland declares that the District Court of Reykjavik (Héraðsdómur Reykjavíkur) is the relevant court for the purposes of Article 1 and Chapter XII of the Convention.

 

 

India

 

(v) Form No. 11 (Declaration under Article 53)

 

All the High Courts within their respective territorial jurisdiction are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Indonesia

 

Indonesia declares that [all] courts with the competent jurisdiction under the laws of Indonesia are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Kazakhstan

  

Form No. 11 (Declaration under Article 53) *

 

The Republic of Kazakhstan declares that relevant courts for purposes of Article 1 and Chapter XII of the Convention shall be all courts of the Republic of Kazakhstan that have jurisdiction over the relevant dispute in accordance with the legislation of the Republic of Kazakhstan.

 

* [This declaration was notified to UNIDROIT by the Republic of Kazakhstan, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 16 November 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 June 2013.
See text of the previous declaration below.
[On 15 March 2011 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration. In accordance with Article 57(2) of the Convention, this subsequent declaration 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 declaration made on 15 March 2011. The withdrawal took effect on 1 June 2013.

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.]

 

 

Kenya

 

Kenya declares that, The High Court of Kenya and the Court of Appeal of Kenya are the relevant court(s) for the purposes of Article (1) and chapter XII of the convention.

 

 

Kyrgyzstan

 

Declaration under Article 53 of the Convention

The Kyrgyz Republic declares that the relevant courts for the purposes of article 1 and Chapter II of the Convention are all courts of the Kyrgyz Republic that have jurisdiction over the relevant dispute in accordance with the legislation of the Kyrgyz Republic.

 

 

Luxembourg: [Official translation; original version submitted in French]

 

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 53 of the Convention, the Grand-Duchy of Luxembourg declares that the courts and tribunals with competence by virtue of applicable Luxembourg legislation relating to judicial organisation are competent for the purpose of the application of Article 1 and Chapter XII of the Cape Town Convention;

 

 

Madagascar

 

Form No. 11 (Declaration under Article 53)

 

The Republic of Madagascar declares that the Malagasy courts and tribunals are competent for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Malawi

 

Form No. 11 (Declaration under Article 53)

 

The Republic of Malawi declares that, the High Court of Malawi and the Supreme Court of Appeal of Malawi are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Malaysia

 

Malaysia declares that all courts with competent jurisdiction under the laws of Malaysia are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Malta

 

Pursuant to Article 53 of the Convention, it is declared that the First Hall of the Civil Court is the relevant court for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Mexico

 

For the purposes of Article 1 and Chapter XII of the Convention, the relevant courts will be the courts legally constituted and invested with the Mexican Judicial Power.

 

 

Mongolia

 

Mongolia declares that all courts with competent jurisdiction under the laws of Mongolia are the relevant court for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Myanmar

 

(iv) Form No. 11 (Declaration under Article 53)

 

The courts Kyauktada Township Court, Yangon Divisional Court are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Netherlands

 

Pursuant to Article 53 of the Convention, the Kingdom of the Netherlands declares that the Netherlands Antilles and Aruba courts and tribunals with competence by virtue of the Netherlands Antilles and Aruba legislation relating to judicial organization are competent for the purpose of the application of Article 1 and Chapter XII of the Convention.

 

 

New Zealand

 

New Zealand declares, in accordance with Article 53, that the following courts are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention:

 

the High Court, with right of appeal to the Court of Appeal and to the Supreme Court with leave of that Court.

 

 

Nigeria

  

The Federal Republic of Nigeria declares that the Federal High Court established under Section 249 of the Constitution of the Federal Republic of Nigeria 1999 is the relevant court for the purposes of Article 1 and Chapter XII of the Convention. *

 

* [This declaration was notified to UNIDROIT by the Federal Republic of Nigeria, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 March 2007, and in accordance with Article 57(2) of the Convention it took effect on  1 October 2007.]

 

Oman

 

All primary courts are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Pakistan

 

Pakistan declares that the following court(s):

 

The High Court of Balochistan;

 

The Lahore High Court;

 

The Peshawar High Court; and

 

The High Court of Sindh

 

Within their respective territorial jurisdiction, are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Panama

 

As to Article 53 of the Convention, in accordance with the internal laws of the Republic of Panama, the relevant courts are as follows:

 

– ordinary courts;

 

– administrative courts;

 

– the civil aviation authority;

 

– those advisory bodies exercising supervisory functions in respect of financial institutions and insurance companies (superintendencias);

 

– arbitral tribunals, 

 

subject to the powers vested in them by the internal laws of the Republic of Panama.

 

 

Paraguay

 

With respect to Article 53:

 

The Republic of Paraguay declares that all of the competent courts of the Republic of Paraguay, as determined in accordance with the laws and regulations of the Paraguayan Judicial System, are the relevant court(s) for the purposes of Article 1 and Chapter XII of this Convention.

 

 

Qatar

 

Form No. 11 (declarations under Article 53):

 

The State of Qatar declares that the primary courts are “total courts” and considers the courts concerned for the purposes of Article 1 and Chapter XII of the Agreement.

 

 

Russian Federation

 

Pursuant to Article 53 of the Convention, the Russian Federation declares that any dispute relating to the Convention and Protocol is to be resolved by the arbitration courts of the Russian Federation.

 

 

Rwanda

 

The Commercial Court and The Commercial High Court

 

are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention.

 

 

San Marino

 

Declaration under Article 53 

 

Pursuant Article 53 of the Convention, the Republic of San Marino declares that the Single Court of the Republic of San Marino is the relevant court for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Senegal: [Official translation; original version submitted in French]

 

The Republic of Senegal declares that the Senegalese courts are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

 

Sierra Leone 

 

Declaration under Article 53

 

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

 

 

Singapore

 

Form No. 11 (Declaration under Article 53)

 

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

 

 

Spain: [Official translation; original version submitted in Spanish]

 

Declaration pursuant to Article 53:

 

The Kingdom of Spain declares that the all courts and competent authorities in accordance with the laws of the Kingdom of Spain will be the relevant courts for the purposes of Article 1 and Chapter XII of the Convention. *

 

*[On 27 November 2015, the Government of the Kingdom of Spain notified to UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of a subsequent declaration and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 June 2016.]

 

 

Togo: [Official translation; original version submitted in French]

 

Declaration pursuant to Article 53 *

 

The Togolese Republic declares that the Togolese courts are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

* [This declaration was notified to UNIDROIT by the Republic of Togo, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 September 2011, and in accordance with Article 57(2) of the Convention it took effect on 1 April 2012.]

 

 

Ukraine

 

For the purposes of Article 1 and Chapter XII of this Convention the relevant “courts” are the courts of general jurisdiction.

 

 

United Arab Emirates

 

The United Arab Emirates declares that all primary courts within their respective territorial jurisdictions are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention.

 

 

United Kingdom

 

At the time of ratification – Pursuant to Article 53 of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that the following courts are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention: the High Court of Justice in England and Wales, the Court of Session in Scotland, the High Court of Justice in Northern Ireland, the Supreme Court of Gibraltar, the Grand Court of the Cayman Islands and the Royal Court of Guernsey.

 

As from 1 January 2018, by virtue of subsequent declarations, the Government of the United Kingdom of Great Britain and Northern Ireland declares, pursuant to Articles 52(4) and 53 of the Convention, that, in Bermuda the relevant “court” for the purposes of Article 1 and Chapter XII of the Convention is the Supreme Court of Bermuda and that in the Isle of Man the relevant court for the purposes of Article 1 and Chapter XII of the Convention is the High Court of Justice of the Isle of Man.

 

 

Uzbekistan

 

Pursuant Article 53 of the Convention, the Republic of Uzbekistan declares that the economic courts of the Republic of Karakalpakstan, regions and city of Tashkent are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

Viet Nam

 

The Socialist Republic of Viet Nam declares that the People’s Court at Provincial level are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention.

DECLARATIONS DEPOSITED UNDER THE  CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 54(1)

 

 

China

 

6. Declaration under Article 54(1) of the Convention: While the charged object is situated within the territory of the PRC, the chargee shall not grant a lease of the object within the territory of the PRC.

DECLARATIONS DEPOSITED UNDER THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 54(2)

 

 

 

Afghanistan

 

The Islamic Republic of Afghanistan 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 without leave of the court.

 

 

Albania

 

(2) Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with Albania’s law, without leave of the court.

 

 

Angola

 

The Republic of Angola 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 without leave of the court.

 

 

Argentina

 

The Argentine Republic declares that any remedy available to the creditor under any provision of this Convention and the Protocol may be exercised only with leave of the court, except for the remedy provided for in Article XIII of the Protocol, which may be exercised without leave of the court.

 

* The original version of this declaration was submitted in Spanish.
   This version of the declaration is a translation prepared by the UNIDROIT Secretariat.

 

 

Australia

 

The Government of Australia declares that, in accordance with Article 54(2), 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 leave of the court.

 

 

Bahrain

 

 

The Kingdom of Bahrain declares that all remedies available to the creditor under the Convention or Protocol which are not expressed under the provisions thereof to require application to the court may be required exercised without court action and without leave of the court.

 

 

Bangladesh

 

The People’s Republic of Bangladesh declares that any and 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 court action and without leave of the court.

 

 

Belarus

 

The Republic of Belarus declares that pursuant to paragraph 2 of Article 54 of the Convention on International Interests in Mobile Equipment (hereinafter – Convention) 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 without leave of the court.

 

 

Bhutan

 

The Kingdom of Bhutan 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 leave of the court.

 

 

Brazil

 

The Federative Republic of Brazil declares that all remedies available to the creditor under any provision of this Convention and the Protocol may be exercised only with the authorization of the Judiciary, with the exception of the remedy provided for in Article XIII of the Protocol, which may be exercised without judicial authorization.

 

 

Burkina Faso:

 

Burkina Faso 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 leave of the court.

 

 

Cameroon: [Official translation; original version submitted in French]

 

The Republic of Cameroon 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.

 

 

Canada

 

The Government of Canada declares, in accordance with Article 54 of the Convention, that any remedy available to a creditor under any provision of the Convention, the exercise of which does not thereby require application to the court, may be exercised without leave of the court.

 

 

Cape Verde

 

The Republic of Cape Verde 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 without leave of the court.

 

 

China

 

Declaration under Article 54(2) of the Convention: Any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised only with leave of the court of the PRC.

 

 

Colombia

 

In relation to Article 8 of the Convention, the remedies available to the creditor will be exercised only with leave of the court.

 

 

Congo: [Official translation; original version submitted in French]

 

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.

 

 

Costa Rica:

 

The Republic of Costa Rica declares that any remedy available to the creditor under any provision of this Convention and the Protocol which is not there expressed to require application to the court may be exercised only with leave of the court.

 

 

Côte d’Ivoire: [Official translation; original version submitted in French]

 

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 ceased 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.]

 

 

Cuba

 

The Republic of Cuba, in accordance with Article 54, section 2 of the Agreement, declares that any resource at the disposition of the creditor, according to any of the stipulations of the Agreement, may be exercised solely with the authorization of the Tribunal.

 

 

Democratic Republic of the Congo

 

 

The Democratic Republic of the Congo declares that the remedies available to the creditor under the Convention may be exercised without leave of the courts or tribunals unless the provisions of the Convention expressly requires the creditor to obtain such leave.

 

 

Denmark

 

Pursuant to Article 54(2) of the Convention the Kingdom of Denmark declares that any remedy available to the creditor under any provision of this Convention, which is not therein expressed to require application to the court, may be exercised without leave of the court.

 

 

Egypt: [Official translation; original version submitted in Arabic]

 

In accordance with Article 54(2), the Arab Republic of Egypt declares that “the creditor may use any of the remedies available under any provision of this Convention only pursuant to a decision by the court, if there was no explicit text requiring application to the court.

 

[On 7 November 2019, the above declaration made by the Government of the Arab Republic of Egypt under Article 54(2) of the Convention was withdrawn by the Government of the Arab Republic of Egypt pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 June 2020.

 

On 7 November 2019, the Government of the Arab Republic of Egypt notified Unidroit, pursuant to Article 57(1) of the Convention, of a subsequent declaration and in accordance with Article 57(2) of the Convention it will take effect on 1 June 2020.

 

The Arab Republic of Egypt declares that, in accordance with paragraph 2 of Article 54 of the Convention, all compensations available to the creditor that are not included in this article and which require to apply to Court for such compensations shall be payable without obtaining court decision.]

 

 

Eswatini

 

Pursuant to Article 54(2) of the Convention the Kingdom of Swaziland declares that any remedy available to the creditor under any provision of the Convention which are not expressed under the relevant provision thereof to require application to Court may be exercised without leave of Court.

 

 

Ethiopia

 

Pursuant to Article 54(2) of the Convention, any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court, may be exercised without leave of the court.

 

 

Fiji

 

The Government of the Republic of Fiji 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 leave of the court. *

 

* [This declaration was notified to UNIDROIT by the Republic of Fiji, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 22 February 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 September 2012.]

 

 

Gabon

 

The Gabonese Republic declares that pursuant to paragraph 2 of Article 54 of the Convention on International Interests in Mobile Equipment 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 without leave of the court.

 

 

Ghana

 

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.

 

 

Iceland

 

Declaration under Article 54(2)

 

Pursuant to Article 54(2) of the Convention, Iceland declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action unless the intervention of the court is expressly required by the provisions of the Cape Town Convention.

 

 

India

 

Any and 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 court action and without leave of the court.

 

 

Indonesia

 

Indonesia declares that any and 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 court action and without leave of the court.

 

 

Ireland

 

In accordance with subarticle 2 of Article 54 of the Cape Town Convention, it is declared that a creditor who wishes to exercise a remedy that is available to the creditor under a provision of that Convention is not required to make an application to the High Court for leave to exercise that remedy unless the provision expressly requires the creditor to make such an application.

 

 

Jordan

 

The Hashemite Kingdom of Jordan declares that all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provisions thereof to require application to the court may be exercised without leave of court action or other court action.

 

 

Kazakhstan

 

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 a court order, judgment or any other judicial act.

 

* [This declaration was notified to UNIDROIT by the Republic of Kazakhstan, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 16 November 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 June 2013.
See text of the previous declaration below.
[On 15 March 2011 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration. In accordance with Article 57(2) of the Convention, this subsequent declaration 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 declaration made on 15 March 2011. The withdrawal took effect on 1 June 2013

 

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.]

 

 

Kenya

 

Kenya 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 leave of the court.

 

Kyrgyzstan

 

Declaration under Article 54, paragraph 2 of the Convention

The Kyrgyz Republic declares that any method of protection of rights available to the creditor in accordance with any of the provisions of the Convention and not clearly defined in it as a method of protection of rights that should be applied to the court, can be applied without a court order, decision or any other judicial act.

 

 

 

Kuwait

 

The State of Kuwait 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 only with leave of the court.

 

 

Latvia

 

In accordance with paragraph 2 of Article 54 of the Convention on International Interests in Mobile Equipment (hereinafter – Convention) the Republic of Latvia declares that any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised without court order and without leave of the court.

 

 

Luxembourg [Official translation; original version submitted in French]

 

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 54(2) of the Convention, the Grand-Duchy of Luxembourg declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action, unless the intervention of the court is expressly required by the provisions of the Cape Town Convention;

 

 

Madagascar

 

 

The Republic of Madagascar declares that the remedies available to the creditor under the Convention may be exercised without leave of the court or tribunal unless the provisions of the Convention expressly requires the creditor to obtain such leave.

 

 

Malawi

 

The Republic of Malawi declares that any remedies available to a creditor under the Convention which are not expressed under the relevant provision thereof to require application to court, may be exercised without leave of the court.

 

 

Malaysia

 

Malaysia declares that any and 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 court action and without leave of the court.

 

 

Malta

 

Pursuant to subarticle 2 of Article 54 of the Convention, it is declared that all remedies available to the creditor under the Convention or Protocol which are not expressed under the provision thereof to require application to the court, may be exercised without leave of the court or other court action.

 

 

Mexico

 

Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court shall not be exercised, in accordance with the United Mexican States law, without leave of the court.

 

 

Mongolia

 

Mongolia 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 without leave of the court.

 

 

Mozambique

 

The Republic of Mozambique declares that any clearing measure available to the creditor, under the terms of the Convention, in relation to which a judicial petition is not required, can be enforced without resorting to court or without a need of any judicial authorization.

 

 

Myanmar

 

Myanmar 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 leave of the court or other court action.

 

 

Namibia

 

Pursuant to Article 54(2) of the Convention, the Republic of Namibia declares that all remedies available to the creditor under the Convention or the related Protocol which are not expressed under the relevant provision thereof to require leave of the court, may be exercised with leave of the court.

 

 

Netherlands

 

Pursuant to Article 54, paragraph 2, of the Convention, the Kingdom of the Netherlands declares:

 

All remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with the law of the Netherlands Antilles and the law of Aruba, without the leave of the court.

 

 

New Zealand

 

New Zealand declares, in accordance with Article 54(2), 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 leave of the court.

 

 

Nigeria

 

The Federal Republic of Nigeria 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 without leave of the court. *

 

 

* [This declaration was notified to UNIDROIT by the Government of the Federal Republic of Nigeria, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 March 2007, and in accordance with Article 57(2) of the Convention it took effect on 1 October 2007.
A previous declaration (see below) by the Government of the Federal Republic of Nigeria under Article 54(2) was withdrawn by the Government of the Federal Republic of Nigeria pursuant to Article 58(1) of the Convention. The withdrawal took effect from 1 December 2007.

“Pursuant to Article 54(2) of the Convention, any remedy available to the Creditor under any provision of the Convention which is not there expressed to require application to the Court, may be exercised without leave of the court.”]

 

 

Norway

 

Pursuant to Article 54(2) of the Convention, Norway declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action, unless the intervention of the court is expressly required by the provisions of the Cape Town Convention.

 

 

Oman

 

The Sultanate of Oman 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 without leave of the court.

 

 

Pakistan

 

Pakistan 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 without leave of the court.

 

 

Panama

 

Pursuant to Article 54(2) of the Convention, any remedies available to the creditor under any provision of the Convention and the Protocol which are not there expressed to require application to the court may be exercised without leave of the court.

 

 

Paraguay

 

The Republic of Paraguay declares that all remedies available to the creditor under any provision of this Convention and the Protocol may be exercised only with the authorization of the Judiciary (Paraguayan legal system), with the exception of the remedy provided for in Article XIII of the Protocol, which may be exercised without judicial authorization.

 

 

Qatar

 

Form No. 13 (declarations under Article 54(2):

 

The State of Qatar declares that any remedies available to a creditor under the agreement, unless its provision expressly stipulates that an application must be made to the court, may be made without a lawsuit and without court permission.

 

 

Republic de Moldova

 

Pursuant to Article 54(2) of the Convention on International Interests in Mobile Equipment, the Republic of Moldova declares that remedy available to the creditor under this Convention, the implementation of which is not there expressed to require application to the court, may be exercised only with leave of the court.

 

 

Romania

 

In accordance with the provisions of Article 54 paragraph 2 of the Convention, Romania declares that remedy available to the creditor, which is not there expressed to require application to the court, may be exercised only with leave of the court of the Romanian State.

 

 

Russian Federation

 

Pursuant to paragraph 2 of Article 54, the Russian Federation declares that any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised without application to the courts.

 

 

Rwanda

 

The Republic of Rwanda 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 leave of the court or other court action.

 

San Marino

 

Pursuant Article 54(2) of the Convention, the Republic of San Marino 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 leave of the court or other court action.

 

 

Saudi Arabia: [Unofficial translation; original version submitted in Arabic]

 

The Government of the Kingdom of Saudi Arabia declares that: all remedies available to the creditor under any provision of the Convention shall be exercised only with leave of the Court if there is no express provision requiring the submission of an application to the Court.

 

 

Senegal: [Official translation; original version submitted in French]

 

The Republic of Senegal 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.

 

 

Sierra Leone

 

The Republic of Sierra Leone declares that any remedies available to a creditor under the Convention which are not expressed under the relevant provision thereof to require application to court may be exercised without leave of the court.

 

 

Singapore

 

Singapore 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 court action and without leave of the court.

 

 

South Africa

 

The Republic of South Africa 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 without leave of the court.

 

 

Spain

 

Pursuant to article 54.2 of the Convention, Spain declares that all remedies available to the creditor under the provisions of the Convention, the exercise of which is not subordinated by virtue of such provisions to a petition to the court, may be exercised only with leave of the court.

 

 

Sweden

 

Mandatory declaration under Article 54(2) applicable to all relevant remedies

 

The Kingdom of Sweden 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 court action and without leave of the court.

 

 

Tajikistan

 

The Republic of Tajikistan declares in accordance with Article 54(2) of the Convention 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 leave of the court.

 

 

Togo: [Official translation; original version submitted in French]

 

Article 54–2 *

 

The Togolese Republic 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 was notified to UNIDROIT by the Republic of Togo, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 September 2011, and in accordance with Article 57(2) of the Convention it took effect on 1 April 2012.]

 

 

Turkey

 

The Republic of Turkey 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 court action and without leave of the court.

 

 

Ukraine

 

Any remedy available to the creditor under any provision of this Convention which is not there expressed to require application to court may be exercised without leave of court.

 

 

United Arab Emirates

 

The United Arab Emirates 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 only with leave of the court.

 

 

United Kingdom

 

At the time of ratification – Pursuant to Article 54(2) of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that any remedy available to the creditor in the United Kingdom of Great Britain and Northern Ireland or the territory of Gibraltar, the Cayman Islands or the Island of Guernsey under any provision of the Convention which is not there expressed to require application to the court may be exercised without the leave of the court.

 

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 Articles 52(4) and 54(2) of the Convention, that, all remedies available to the creditor under any provision of the Convention which are not expressed to require application to the court may be exercised without leave of the court.

 

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 Articles 52(4) and 54(2) of the Convention, that, any remedy available to the creditor in the Isle of Man under any provision of the Convention which is not there expressed to require application to the court may be exercised without the leave of the court.

 

 

United Republic of Tanzania

 

The United Republic of Tanzania does hereby declare 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 leave of the court.

 

 

United States of America

 

Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with United States law, without leave of the court.

 

 

Uzbekistan

 

Pursuant to paragraph 2 of Article 54 of the Convention, the Republic of Uzbekistan 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 court action and without leave of the court.

 

 

Viet Nam

 

The Socialist Republic of Viet Nam 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 court action and leave of the court.

 

 

Zambia

 

Declaration under Article 54(2)

 

The Republic of Zambia declares that Pursuant to Article 54(2) of the Convention, any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the Court, may be exercised without leave of the Court.

DECLARATIONS DEPOSITED UNDER THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 55

 

 

Australia

 

The Government of Australia declares that, in accordance with Article 55, it will not apply any of the provisions of Article 13 or Article 43.

 

  

Denmark

 

Pursuant to Article 55 of the Cape Town Convention, where the debtor is domiciled in the territory of a Member State of the European Union, the Kingdom of Denmark will apply Articles 13 and 43 of the Convention for the interim relief only in accordance with Article 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as interpreted by Court of Justice of the European Union in the context of Article 24 of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters.

 

 

European Community

 

I. Declaration by the European Community pursuant to Article 55 of the Convention on International Interests in Mobile Equipment (“Cape Town Convention”)

 

Pursuant to Article 55 of the Cape Town Convention, where the debtor is domiciled in the territory of a Member State of the Community, the Member States bound by Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters1 will apply Articles 13 and 43 of the Cape Town Convention for interim relief only in accordance with Article 31 of Regulation No 44/2001 as interpreted by the Court of Justice of the European Communities in the context of Article 24 of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters2.

 

________________

1. OJ L 12, 16.1.2001, p. 1.

2. OJ L 299, 31.12.1972, p. 1.

 

 

Iceland

 

Declaration under Article 55

 

Pursuant to Article 55 of the Convention, it is declared that where the debtor is domiciled in the territory of a European Economic Area, the Member States bound by The Lugano Convention 1988 and 2007 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters, will apply Articles 13 and 43 of the Cape Town Convention for interim relief only in accordance with Article 31 of the 2007 Lugano Convention interpreted in the context of Article 24 of the 1988 Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters.

 

 

Namibia

 

Declaration under Article 55

 

In respect of Article 13(1)(a), (b) or (c) of the Convention, the Republic of Namibia declares that “speedy relief” shall mean sixty (60) court days.

 

 

New Zealand:

 

New Zealand declares, in accordance with Article 55, that it will not apply any of the provisions of Article 13 or Article 43.

 

 

Norway:

 

Pursuant to Article 55 of the Cape Town Convention, Norway declares that where the debtor is domiciled in the territory of a European Economic Area, the Member States bound by The Lugano Convention 1998 and 2007 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters, will apply Articles 13 and 43 of the Cape Town Convention for interim relief only in accordance with Article 31 of the 2007 Lugano Convention interpreted in the context of Article 24 of the 1998 Lugano Convention on jurisdiction and the enforcement of judgments in civil and commercial matters.

DECLARATIONS DEPOSITED UNDER THE CAPE TOWN CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT REGARDING ARTICLE 60(1)

 

 

Canada

 

The Government of Canada declares, in accordance with Article 60 of the Convention, that the Convention will apply to a pre-existing right or interest governed by Sections 426 to 436 of the Bank Act for the purpose of determining priority, including the protection of any existing priority, five years after the day on which the Aircraft Protocol comes into force for Canada. Until that time, that right or interest will remain governed by those Sections.

 

 

Ghana

 

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.

 

 

Mexico

 

In accordance with Article 60 paragraph 1, the Convention will not be applicable to the pre-existing rights or interests as defined in Article 1 subparagraph v) of the Convention, constituted prior to the date of the entrance into force for the United Mexican States of this international instrument, consistent with its national law. Those rights and interests will retain the priority they enjoyed under Mexican law prior to that date.