LODGED BY THE REPUBLIC OF KYRGYZ REPUBLIC UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION *
English translation provided by the Kyrgyz Republic.
[The declarations under Articles 39(1)(a), 39(1)(b), 39(4), 40, 53 and 54(2), deposited on 13 May 2021, will enter into force on 1 September 2021]
1. 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.
2. 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.
3. 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).
4. 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.
5. 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.
6. 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.
* The original version of these declarations was submitted in Kyrgyz. This official version of the
declarations is a translation provided by the Kyrgyz Republic.