LODGED BY THE FEDERATIVE REPUBLIC OF BRAZIL UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION *
(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.
(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.
(iv) Declaration under Article 53
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.
(v) Declaration under Article 54, paragraph 2
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.
* The original version of these declarations was submitted in Portuguese. This official English-language version of the declarations is a translation provided by the Government of the Federative Republic of Brazil.
The International Institute for the Unification of Private Law (UNIDROIT) is an independent intergovernmental Organisation with its seat in the Villa Aldobrandini in Rome. Its purpose is to study needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law as between States and groups of States and to formulate uniform law instruments, principles and rules to achieve those objectives.