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DECLARATIONS LODGED BY THE ISLAMIC REPUBLIC OF AFGHANISTAN UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

DECLARATIONS
LODGED BY THE ISLAMIC REPUBLIC OF AFGHANISTAN UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

 

 

(i) 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.

(ii) 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.

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

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.

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

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

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

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.

(vi) Form No. 13 (Mandatory declaration under Article 54(2))

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.

 

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Declarations lodged by the Islamic Republic of Afghanistan under the Aircraft Protocol

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