Convention on International Interests in Mobile Equipment
Parties with reservations, declarations and objections
Afghanistan
25-07-2006
(i) Form No. 1 (specific opt-in declarations 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 opt-in declarations 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 (opt-in declarations 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 declarations under Article 52)
The Islamic Republic of Afghanistan declares that the Convention is to apply to all
its territorial units.
(v) Form No. 11 (declarations 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 declarations 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.
Albania
30-10-2007
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.
(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
30-04-2006
Form No. 1 - Declaration under Article 39(1)(a)
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.
Form No. 6 - Declaration under Article 40
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.
Form No. 13 - Declaration under Article 54(2)
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
10-04-2018
The Argentine Republic declares:
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.
3. 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.
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.
5. With respect to Article 54, paragraph 2:
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.
Australia
26-05-2015
The Government of Australia declares that, in accordance with Article 39( l)(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); and
The Government of Australia declares that, in accordance with Article 52, 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; and
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; and
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.
Bahrain
27-11-2012
(i) Form No. 1 (Specific opt-in declarations 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 opt-in declarations 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.
(iii) Form No. 6 (Opt-in declarations 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.
(iv) Form No 13 (Mandatory declarations under Article 54(2))
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.exercised without court action and without leave of the
court.
Bangladesh
15-12-2008
(i) Form No. 1 (specific opt-in declarations under Article 39(1)(a))
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
(ii) Form No. 4 (general opt-in declarations under Article 39(1)(b))
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.
(iii) Form No. 6 (opt-in declarations under Article 40)
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;
(iv) Form No. 10 (general declarations under Article 52)
The People’s Republic of Bangladesh declares that the Convention shall apply to whole
of Bangladesh including its maritime boundaries.
(v) Form No. 11 (declarations under Article 53)
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.
(vi) Form No. 13 (mandatory declarations under Article 54(2))
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
27-09-2011
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
04-07-2014
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.
Form No. 13-A (Mandatory declaration under Article 54(2) applicable to all relevant
remedies)
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
30-11-2011
(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.
Burkina Faso
08-09-2017
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.
Cabo Verde
26-09-2007
Form Nº 1- 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.
Form Nº 6 - Declaration under Article 40º
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.
Form Nº 11- Declaration under Article 53º
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.
Form Nº 13 - Mandatory Declaration under Article 54(2)
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.
Cameroon
19-04-2011
The Republic of Cameroon declares that the following categories of non-consensualright
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 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.
The Republic of Cameroon declares that the Convention extends to all its territorial
units.
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.
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
26-03-2013
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(l)(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(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.
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.
The Government of Canada also 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.
The Government of Canada also 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.
The Government of Canada also 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.
The Government of Canada also 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.
28-03-2014
The Government of Canada also declares, in accordance with Article 52 of the Convention,
that, in addition to the provinces and territories: Alberta, British Columbia, Manitoba,
Newfoundland and Labrador, the Northwest Territories, Nova Scotia, Nunavut, Ontario,
Quebec and Saskatchewan, the Convention is to apply to Prince Edward Island and Yukon.
The Government of Canada also 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 jurisdiction.
[These declarations were notified to UNIDROIT by the Government of Canada, as a subsequent
declaration pursuant to Article 57(1) of the Convention, on 28 March 2014, and in
accordance with Article 57(2) of the Convention it will take effect on 1 October 2014.]
23-12-2015
The Government of Canada also 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.
The Government of Canada also 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.
The Government of Canada also 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.
China
03-02-2009
1. 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, employee’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.
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.
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.
3. Declaration under Article 43 of the Convention: Article 43 is applicable to the
PRC, and paragraph 1 and 2 (a) hereinto are applicable under the condition that the
court of a Contracting State chosen by the parties shall be a court located in a place
that has actual connections with the dispute of the agreement.
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.
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.
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.
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.
7. Declaration under Article 55 of the Convention: Article 43 is applicable to the
PRC, and paragraph 1 and 2 (a) hereinto are applicable under the condition that the
court of a Contracting State chosen by the parties shall be a court located in a place
that has actual connections with the dispute of the agreement.
Colombia
19-02-2007
In accordance with Articles 54 and 56 of the Convention Colombia declares that:
a) In relation to Article 8 of the Convention, the remedies available to the creditor
will be exercised only with leave of the court;
b) 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.
Costa Rica
26-08-2011
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.
08-08-2018
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
17-12-2015
According to article 54(2) of the Convention on international interests in mobile
equipment signed in Cape Town (South Africa) on 16 November 2001.
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.
12-06-2019
(i) Form No. 1 (Specific declaration under 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.
(ii) Form No. 6 (Declaration under 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.
(iv) Form No. 10 (General declaration under Article 52)
The Republic of Côte d’Ivoire declares that the Convention is to apply to all its
territorial units.
(v) Form No. 11 (Declaration under 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.
(vi) Form No. 13 (Mandatory declaration under Article 54(2))
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 shall cease 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
28-01-2009
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.
Cyprus
20-07-2023
Declaration pursuant to Article 39(4)
The Republic of Cyprus declares that all categories of non-consensual rights or interests
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.
Declaration pursuant to Article 40
The Republic of Cyprus 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 or other rights of the Government of the Republic of Cyprus 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);
(c) liens or other rights of the Government of the Republic of Cyprus 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;
(d) notifications of bankruptcy orders when the bankruptcy estate includes objects
covered by the Convention in order to protect the rights of the bankruptcy estate
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 aircraft objects as if the right
or interest were an international interest and shall be regulated accordingly.
Declaration pursuant to Article 53
The Republic of Cyprus declares that the District courts of the Republic of Cyprus,
are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention
Declaration pursuant to Article 54(2)
The Republic of Cyprus 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.
Democratic Republic of the Congo
09-05-2016
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 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. 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 aircraft 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.
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.
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.
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.
Denmark
26-10-2015
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.
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.
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.
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.
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.
13-03-2024
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.
Pursuant to Article 39 of the Convention the Kingdom of Denmark declares that with
regard to Greenland: *
a) all categories of non-consensual rights or interests which under Greenlandic 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 Greenlandic 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.
*[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark,
as a subsequent declaration pursuant to Article 57(1) of the Convention, on 13 March
2024, and in accordance with Article 57(2) of the Convention it will take effect on
1 October 2024.]
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.
With regard to the declarations made by the Kingdom of Denmark pursuant to Articles
40 and 54(2) of the Convention, these declarations will also apply to Greenland. *
*[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark,
as a subsequent declaration pursuant to Article 57(1) of the Convention, on 13 March
2024, and in accordance with Article 57(2) of the Convention it will take effect on
1 October 2024.]
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.
[On 13 March 2024 the Government of the Kingdom of Denmark notified UNIDROIT, pursuant
to Article 57(1) of the Convention, of the modification of its declaration with regard
to Greenland made at the time of the deposit of its instrument of accession on 26
October 2015. The modification will take effect on 1 October 2024.]
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.
With regard to the declarations made by the Kingdom of Denmark pursuant to Articles
40 and 54(2) of the Convention, these declarations will also apply to Greenland. *
*[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark,
as a subsequent declaration pursuant to Article 57(1) of the Convention, on 13 March
2024, and in accordance with Article 57(2) of the Convention it will take effect on
1 October 2024.]
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.
With regard to the declaration made by the Kingdom of Denmark pursuant to Article
55 of the Convention regarding the application of Articles 13 and 43 of the Convention,
this declaration will not apply to Greenland and therefore only to Denmark. *
*[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark,
as a subsequent declaration pursuant to Article 57(1) of the Convention, on 13 March
2024, and in accordance with Article 57(2) of the Convention it will take effect on
1 October 2024.]
Egypt
07-11-2019
Declarations in accordance with Article 57, paragraph 1, of the Convention:
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.
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.
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.
The declarations will in accordance with Article 57, paragraph 2, of the Convention
take effect on 1 June 2020.
Eswatini
26-05-2017
Form No. 13 (Mandatory declaration under Article 54(2))
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
21-11-2003
1. 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.
2. Registrable non-consensual right under Article 40 of the Convention:
Right of judgment creditors.
3. 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.
4. No declaration under Article 55 of the Convention.
EU (European Union)
28-04-2009
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 matters (OJ L 12, 16.1.2001, p. 1), Council Regulation (EC)
No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 160, 30.6.2000, p. 1)
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) (OJ L 177, 4.7.2008,
p. 6).
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
[...]
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 matters (OJ L 12, 16.1.2001,
p. 1) 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 matters (OJ L 299, 31.12.1972, p. 1).
Fiji
22-02-2012
Mandatory Declaration under Article 54(2) Applicable to All Relevant Remedies
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.
Gabon
16-04-2010
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.
Germany
17-09-2002
The Federal Republic of Germany, Member State of the European Community, declares that, in accordance with the Treaty establishing the European Community, the Community has competence with respect to certain matters governed by the Protocol. The signature of the Protocol on behalf of the Community will be decided by the competent Community institutions in accordance with the provisions of the Treaty.
Ghana
20-12-2018
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.
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.
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.
Article 60(1)
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.
Iceland
23-06-2020
Article 39
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.
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.
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.
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.
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.
India
31-03-2008
i) Form No. 1 (specific opt-in declarations 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 opt-in declarations 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 aircraft object.
(iii) Form No. 6 (opt-in declarations 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.
(iv) Form No. 10 (general declarations under Article 52)
The Convention shall apply to all its territorial units.
(v) Form No. 11 (declarations 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.
(vi) Form No. 13 (mandatory declaration under Article 54(2))
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
16-03-2007
(i) Form No. 1 (specific opt-in declarations under the Article 39(1)(a))
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.
(ii) Form No. 4 (general opt-in declarations under the Article 39(1)(b))
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.
(iii) Form No. 6 (opt-in declaration under the Article 40))
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 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.
(iv) Form No. 11 (declaration under Article 53)
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.
(v) Form No. 13 (mandatory declaration under the Article 54(2))
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.
Iraq
26-01-2023
A- A Declaration under subparagraph (a) of paragraph (1) of Article 39 of the Convention
The Republic of Iraq declares that, all non-consensual rights or interests which have
priority over the rights of secured creditors under the laws of the Republic of Iraq,
shall have priority (without registration), over registered international interests,
whether in or outside insolvency proceedings.
B- A Declaration under paragraph (2) of Article 54 of the Convention
The Republic of Iraq declares that, all remedies available to the creditor under the
Convention or the Protocol, which are not expressed under the provisions thereof to
require application to the court, may be exercised without court action and without
leave of the court.
Ireland
29-07-2005
(1) 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 such an 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.
(2) 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
31-08-2010
1- Declaration under paragraph (a) of clause (1) of article 39:
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.
2- Declarations under paragraph (2) of Article 54:
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
16-11-2012
Form No. 1. 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. 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.
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.
Form No 6. Declaration 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.
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.
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.
Kenya
30-05-2007
[...]
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.
II. Form No. 4 (general Opt-in declaration Under Article 39(1)(b))
Kenya declares that nothing in the convention shall affect its right or that of any
entity of the 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 Kenya, any such entity, organisation or provider directly relating to the
services provided by it in respect of that object or another object.
III. Form No. 6 (Opt-in declaration Under Article 40)
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.
IV. Form No. 11 (Declaration Under Article 53)
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.
V. Form No. 13 (Mandatory declaration Under Article 54(2))
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.
Kuwait
31-10-2013
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.
10-03-2022
Specific declaration under Article 39(1)(a)
The State of Kuwait 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 State of Kuwait 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 State of Kuwait to arrest or detain an aircraft
object for violation of safety-related or criminal law, provided that no such arrest
of detention shall give rise to the power of sale or right to proceeds.
That the priority under Kuwait 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 proceeds.
General declaration under Article 39(1)(b)
The State of Kuwait declares that nothing in the Convention shall affect its right
of 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.
Declaration under Article 40
The State of Kuwait 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 or other rights of the Government of the State of Kuwait 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 aircraft objects as if the right or interest were an international interest
and shall be regulated accordingly.
[These declarations were notified to UNIDROIT by the Government of the State of Kuwait
as subsequent declarations pursuant to Article 57(1) of the Convention, on 10 March
2022, and in accordance with Article 57(2) of the Convention, these subsequent declarations
will take effect on 1 October 2022.]
Kyrgyzstan
13-05-2021
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.
Latvia
08-02-2011
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.
18-02-2021
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.
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.
Luxembourg
27-06-2008
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;
- 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
10-04-2013
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.
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.
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.
Form No. 13 (Mandatory declaration under Article 54) (2))
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
16-01-2014
Form No. 1 (Specific declarations 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.
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.
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.
Form No. 13 (Mandatory declaration under Article 54(2))
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
02-11-2005
(i) Form No. 1 (specific opt-in declarations 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 opt-in declarations 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.
(iii) Form No. 6 (opt-in declarations under Article 40)
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.
(iv) Form No. 11 (declarations under Article 53)
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.
(v) Form No. 13 (mandatory declaration under Article 54 (2))
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
01-10-2010
(1) "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.
(2) 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.
(3) 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.
(4) 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.
(5) 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
31-07-2007
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
Moldova
19-02-2019
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.
Mongolia
19-10-2006
(i) Form No. 1 (specific opt-in declarations 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 opt-in declarations 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.
(iii) Form No. 11 (declarations under Article 53)
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.
(iv) Form No. 13 (mandatory declarations under Article 54)
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
18-07-2013
[The declarations under Article 39(1)(a) and 40, deposited on 18 July 2013, will enter
into force on 1 February 2014]
Declaration Form No. 1 - 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.
Declaration Form No. 6 - 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.
[The declaration under Article 54(2), deposited on 18 July 2013, will enter into force
on 1 November 2013, together with the Aircraft Protocol]
Declaration Form No. 13 - under Article 54(2)
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
03-12-2012
(i) Form No. 1. (specific opt-in declarations 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.
(ii) Form No. 6.(opt-in declarations 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.
(iii) Form No. 10 (general declarations under Article 52)
Myanmar declares that the Convention is to apply to all its territorial units.
(iv) Form No 11 (declarations 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.
(v) Form No 13 (mandatory declarations under Article 54(2))
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
23-07-2018
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.
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.
Declaration under Article 54(2)
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.
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.
Netherlands, the Kingdom of the
17-05-2010
Declarations pursuant to Article 56 of the Convention:
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.
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.
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.
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
20-07-2010
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.
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.
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.
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.
New Zealand declares, in accordance with Article 55, that it will not apply any of
the provisions of Article 13 or Article 43.
Niger
17-11-2022
Mandatory declaration under Article 54(2)
The Republic of Niger 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 court action and without
leave of the court.
Nigeria
26-03-2007
(i) Form No. 1 (specific opt-in declaration under Article 39(1)(a))
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:
(ii) Form No. 6 (opt-in declaration under Article 40)
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.
(iii) Form No. 11 (declarations under Article 53)
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.
(iv) Form No. 13 (mandatory declaration under the Article 54(2))
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.
Norway
20-12-2010
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.
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.
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.
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.
Oman
21-03-2005
(i) Form No. 1 (specific opt-in declarations under Article 39(1) (a))
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.
(ii) Form No. 4 (general opt-in declarations under Article 39(1) (b))
The Sultanate of Oman 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 the Sultanate of Oman, any such entity, Organisation or provider
directly relating to the services provided by it in respect of that object or another
object.
(iii) Form No. 6 (opt-in declarations under Article 40))
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.
(iv) Form No. 10 (general declarations under Article 52)
The Sultanate of Oman declares that the Convention is to apply to all its territorial
units.
(v) Form No. 11 (declarations under Article 53)
All primary courts are the relevant court(s) for the purposes of Article 1 and Chapter
XII of the Convention.
(vi) Form No. 13 (mandatory declarations under Article 54 (2))
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
22-01-2004
(i) Form No. 1 (specific opt-in declarations under Article 39(1) (a))
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.
(ii) Form No. 4 (general opt-in declarations under Article 39(1) (b))
Pakistan 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 Pakistan, any such entity, Organisation or provider directly relating to the
services provided by it in respect of that object or another object.
(iii) Form No. 5 (general opt-in declarations under Article 39(4))
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.
(iv) Form No. 6 (opt-in declarations under Article 40))
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.
(v) Form No. 10 (general declarations under Article 52)
Pakistan declares that the Convention is to apply to all its territorial units.
(vi) Form No. 11 (declarations under Article 53)
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.
(vii) Form No. 13 (mandatory declarations under Article 54 (2))
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
28-07-2003
Pursuant to Article 56(1) of the Convention and Article XXXII of the Protocol and
in accordance with its internal legal system, the Republic of Panama makes the following
declarations in respect of Articles 13, 39, 50, 53 and 54 of the Convention and Article
XXX of the Protocol:
1. In respect of Article 13(1)(a), (b) and (c) of the Convention, the words "speedy
relief" shall be taken to mean seven (7) working days and, in respect of Article 13(1)(d),
the same words shall be taken to mean twenty (20) working days.
2. 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.
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.
4. 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.
5. 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
19-12-2018
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.
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.
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.
With respect to Article 54, paragraph 2:
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
08-01-2020
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:
- 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.
- 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.
- 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.
Form No. 6 (declarations specified under Article 40):
The State of Qatar declares the following categories of non-consensual rights:
- The right of a person holding a court order allowing the seizure of something belonging
to an airplane in implementation of a court ruling.
- 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.
- 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.
- 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.
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.
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 of the Congo
13-03-2013
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 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.
The Republic of Congo declares that the Convention extends to all its territorial
units.
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.
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.
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.
Romania
30-03-2018
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.
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
25-05-2011
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.
3. 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.
4. 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
28-01-2010
i) Form No. 1 (specific opt-in declarations under Article 39(1)(a))
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.
(ii) Form No. 6 (opt-in declarations under Article 40))
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.
(iii) Form No. 10 (general declarations under Article 52)
The Republic of Rwanda declares that the Convention is to apply to all its territorial
units.
(iv) Form No. 11 (declarations under Article 53)
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.
(v) Form No. 13 (mandatory declarations under Article 54(2))
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
09-09-2014
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.
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.
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.
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.
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.
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
27-06-2008
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
09-01-2006
(i) Form No. 1 (specific opt-in 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.
(ii) Form No. 4 (general opt-in 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.
(iii) Form No. 6 (opt-in declaration under Article 40)
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
(iv) Form No. 10 (general declaration under Article 52)
The Republic of Senegal declares that the Convention is to apply to all its territorial
units.
(v) Form No. 11 (declaration under Article 53)
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.
(vi) Form No. 13 (mandatory declaration under Article 54(2))
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
26-07-2016
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.
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.
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.
Mandatory declaration under Article 54(2)
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
28-01-2009
Form No. 1 (specific opt-in declarations 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
(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.
Form No. 11 (declarations 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.
Form No. 13 (mandatory declarations under Article 54(2))
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
18-01-2007
i) Form No. 1 (specific opt-in 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.
(ii) Form No. 4 (general opt-in 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.
(iii) Form No. 6 (opt-in declaration under Article 40)
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.
(iv) Form No. 13 (Mandatory declaration under Article 54(2))
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
28-06-2013
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.
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
the United Kingdom is responsible and which is subject to a decolonisation process
in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. 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-autonomous territory
depends.
3. 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.
4. 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.
5. 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.
27-11-2015
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.
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.
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.
Sweden
30-12-2015
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.
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.
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.
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
31-05-2011
Form No. 13 (mandatory declarations under Article 54(2))
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.
Tanzania
30-01-2009
Form No. 13 (Mandatory declaration under article 54(2))
Pursuant to article 54(2) of the Cape Town Convention on International Interest in
Mobile Equipment, 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.
Togo
26-09-2011
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.
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.
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.
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.
Türkiye
23-08-2011
(i) 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.
(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.
(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.
(v) Form No. 13-A (Mandatory declaration under Article 54(2) applicable to all relevant
remedies)
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.
Uganda
01-01-0001
Declaration pursuant to Article 39(1)(a)
The Republic of Uganda declares that the following categories of non-consensual rights
or interests;
(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 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.
Declaration pursuant to Article 39(1)(b)
The Republic of Uganda declares that nothing in the Convention shall affect its right
or that of any entity of the State, any intergovernmental Organisation or other private
provider of public services to arrest or detain an object under its laws for payment
of directly relating to the services provided by it in respect of that object or another
object.
Declaration pursuant to Article 40
The Republic of Uganda declares that the following category of non-consensual right
or interest; rights of judgement 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.
Declaration pursuant to Article 53
The Republic of Uganda declares that, the High Court of the Republic of Uganda and
the Court of Appeal of the Republic of Uganda are the relevant court(s) for the purposes
of Article 1 and Chapter XII of the Convention.
Declaration pursuant to Article 54(2)
The Republic of Uganda 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 only with the leave of the court.
Ukraine
09-08-2012
1) On Article 50 of the Convention: This Convention shall not apply to a transaction
which is an internal transaction in relation to Ukraine with regard to all types of
objects.
2) On Article 53 of the Convention: For the purposes of Article 1 and Chapter XII
of this Convention the relevant "courts" are the courts of general jurisdiction.
3) On Paragraph 2 of Article 54 of the Convention: 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
29-04-2008
(i) Form No. 1 (Specific opt-in declarations 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 opt-in declarations 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.
(iii) Form No. 6 (opt-in declarations under Article 40)
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.
(iv) Form No. 10 (general declaration under Article 52)
The United Arab Emirates declares that the Convention is to apply to all its territorial
units.
(v) Form No. 11 (declarations under Article 53)
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.
(vi) Form No. 13 (mandatory declarations under Article 54(2))
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
16-11-2001
The United Kingdom, member of the European Community, declares that, in accordance with the Treaty establishing the European Community, the Community has competence with respect to certain matters governed by the Convention. Signature of the Convention on behalf of the Community will be decided by the competent Community institutions in accordance with the provisions of the Treaty.
27-07-2015
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.
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.
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.
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.
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.
14-06-2017
[…] subsequent declarations pursuant to Article 57(1) […], and in accordance with
Article 57(2) […]
Pursuant to Articles 39(4) and 52(4) of the Convention, the Government of the United
Kingdom of Great Britain and Northern Ireland declares 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.
Pursuant to Articles 39(4) and 52(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 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 the United
Kingdom of Great Britain and Northern Ireland of the Convention to the Isle of Man.
Pursuant to Article 52 of the Convention, the Government of the United Kingdom of
Great Britain and Northern Ireland declares that the ratification of the Convention
of the United Kingdom of Great Britain and Northern Ireland shall be extended to the
territory of Bermuda for whose international relations the Government of the United
Kingdom of Great Britain and Northern Ireland is responsible.
Pursuant to Article 52 of the Convention, the Government of the United Kingdom of
Great Britain and Northern Ireland declares that the ratification of the Convention
of the United Kingdom of Great Britain and Northern Ireland shall be extended to the
territory of the Isle of Man for whose international relations the Government of the
United Kingdom of Great Britain and Northern Ireland is responsible.
Pursuant to Articles 52(4) and 53 of the Convention, the Government of the United
Kingdom of Great Britain and Northern Ireland declares that in Bermuda the relevant
"court" for the purposes of Article 1 and Chapter XII of the Convention is the Supreme
Court of Bermuda.
Pursuant to Articles 52(4) and 53 of the Convention, the Government of the United
Kingdom of Great Britain and Northern Ireland declares 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.
Pursuant to Articles 52(4) and 54(2) of the Convention, the Government of the United
Kingdom of Great Britain and Northern Ireland declares that all remedies available
to the creditor in Bermuda under any provision of the Convention which are not expressed
to require application to the court may be exercised without leave of the court.
Pursuant to Articles 52(4) and 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 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 States of America
28-10-2004
(1) Pursuant to Article 39 of the Convention -
(A) all categories of non-consensual rights or interests which under United State
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.
(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 United
States law, without leave of the court.
Uzbekistan
31-01-2018
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.
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.
Vietnam
17-09-2014
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.
Declarations under Article 40
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.
Declaration under Article 53
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.
Mandatory declaration under Article 54(2) applicable to all relevant remedies
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
07-09-2020
Article 39(1)(a)
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.
Article 39(1)(b)
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.
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.