D

DECLARATIONS LODGED BY THE DEMOCRATIC REPUBLIC OF THE CONGO UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION AND SUBSEQUENT DECLARATIONS

DECLARATIONS
LODGED BY THE DEMOCRATIC REPUBLIC OF THE CONGO UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION AND SUBSEQUENT DECLARATIONS*

 

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

[On 28 April 2025, the above declaration made by the Government of the Democratic Republic of the Congo under the Convention was withdrawn by the Government of the Democratic Republic of the Congo pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 November 2025.
On 28 April 2025, the Government of the Democratic Republic of the Congo 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 November 2025:
The Democratic Republic of the Congo declares, in accordance with Article 39(1)(a) of the Convention, that the following categories of non-consensual right or interest: 
a)liens in favour of the government relating to taxes and unpaid charges directly attributable to the use of an aircraft object arising after a declared default under a contract to lease of finance that aircraft object; and
b)liens in favour of repairers of an aircraft object in its possession to the extent of services performed on and value added to that aircraft object –
have priority over an interest in an object equivalent to that of the holder of a registered international interest and shall have priority to the same extent over such registered international interest, whether in or outside insolvency proceedings.] 

 

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.

[On 28 April 2025, the above declaration made by the Government of the Democratic Republic of the Congo under the Convention was withdrawn by the Government of the Democratic Republic of the Congo, pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 November 2025].

 

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.

[On 28 April 2025, the above declaration made by the Government of the Democratic Republic of the Congo under the Convention was withdrawn by the Government of the Democratic Republic of the Congo, pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 November 2025.

On 28 April 2025, the Government of the Democratic Republic of the Congo 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 November 2025:

The Democratic Republic of the Congo declares, in accordance with Article 40 of the Convention, that the following categories of non–consensual right or interest:

a) right 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 in favour of the government relating to taxes and unpaid charges directly attributable to the use of an aircraft object arising before a declared default under a contract to lease of finance that aircraft object —

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.]

 

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.

[On 28 April 2025, the above declaration made by the Government of the Democratic Republic of the Congo under the Convention was withdrawn by the Government of the Democratic Republic of the Congo, pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 November 2025.

On 28 April 2025, the Government of the Democratic Republic of the Congo 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 November 2025:

The Democratic Republic of the Congo declares, in accordance with Article 53 of the Convention, that the commercial court(s) throughout its national territory are relevant for the purposes of Article 1 and Chapter XII of the Convention.

 

Article 54

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.

[On 28 April 2025, the above declaration made by the Government of the Democratic Republic of the Congo under the Convention was withdrawn by the Government of the Democratic Republic of the Congo, pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 November 2025.

On 28 April 2025, the Government of the Democratic Republic of the Congo 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 November 2025:

The Democratic Republic of the Congo declares, in accordance with Article 54(2) of the Convention, that all remedies available to the creditor under the Convention and the Protocol which are not expressed under the relevant provision thereof to require application to the court may be required exercised without leave of the court or other court action.]

 

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Declarations lodged by the Democratic Republic of the Congo under the Aircraft Protocol

 

* The original version of these declarations was submitted in French. This official version of the declarations is a translation prepared by the UNIDROIT Secretariat.

 

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