Tractatenblad 2013, 235

73 (2001) Nr. 3

A. TITEL

Verdrag inzake internationale zakelijke rechten op mobiel materieel;

Protocol bij het Verdrag inzake internationale zakelijke rechten op mobiel materieel betreffende voor luchtvaartuigmaterieel specifieke aangelegenheden;

(met Bijlage)

Kaapstad, 16 november 2001

B. TEKST

De Engelse en de Franse tekst van het Verdrag, met Protocol, met Bijlage, zijn geplaatst in Trb. 2009, 86.

In dat Tractatenblad dienen in de Engelse tekst de volgende correcties te worden aangebracht.

Op blz. 74, in Article IV, eerste lid, tweede regel, dient tussen de woorden „relation” en „to” een spatie te worden ingevoegd.

Op blz. 77, in Article X, titel, dient tussen de woorden „provisions” en „regarding” een spatie te worden ingevoegd.

C. VERTALING

Zie Trb. 2009, 86.

In dat Tractatenblad dient in de vertaling de volgende correctie te worden aangebracht.

Op blz. 125, in artikel 8, eerste lid, tweede regel, dient tussen de woorden „recht” en „daar” een spatie te worden ingevoegd.

D. PARLEMENT

Zie Trb. 2010, 205.

E. PARTIJGEGEVENS

Verdrag

Zie Trb. 2009, 86.

Partij	Ondertekening	Ratificatie	Type^*	In werking	Opzegging	Buiten werking
Afghanistan		25-07-06	T	01-11-06
Albanië		30-10-07	T	01-02-08
Angola		30-04-06	T	01-08-06
Bahrein		27-11-12	T	01-03-13
Bangladesh		15-12-08	T	01-04-09
Belarus		28-06-11	T	01-10-11
Brazilië		30-11-11	T	01-03-12
Burundi	16-11-01
Canada	31-03-04	21-12-12	R	01-04-13
Chili	16-11-01
China	16-11-01	03-02-09	R	01-06-09
Colombia		19-02-07	T	01-06-07
Congo, Republiek	16-11-01	25-01-13	R	01-05-13
Costa Rica		26-08-11	T	01-12-11
Cuba	16-11-01	28-01-09	R	01-05-09
Duitsland	17-09-02
Ethiopië	16-11-01	21-11-03	R	01-03-06
EU (Europese Unie)		28-04-09	T	01-08-09
Fiji		05-09-11	T	01-01-12
Frankrijk	16-11-01
Gabon		16-04-10	T	01-08-10
Ghana	16-11-01
Ierland		29-07-05	T	01-03-06
India		31-03-08	T	01-07-08
Indonesië		16-03-07	T	01-07-07
Italië	06-12-01
Jamaica	16-11-01
Jordanië	16-11-01	31-08-10	R	01-12-10
Kaapverdië		26-09-07	T	01-01-08
Kameroen		19-04-11	T	01-08-11
Kazachstan		21-01-09	T	01-05-09
Kenia	16-11-01	13-10-06	R	01-02-07
Lesotho	16-11-01
Letland		08-02-11	T	01-06-11
Luxemburg		27-06-08	T	01-10-08
Madagaskar		10-04-13	T	01-08-13
Maleisië		02-11-05	T	01-03-06
Malta		01-10-10	T	01-02-11
Mexico		31-07-07	T	01-11-07
Mongolië		19-10-06	T	01-02-07
Mozambique		30-01-12	T	01-05-12
Myanmar		03-12-12	T	01-04-13
Nederlanden, het Koninkrijk der
– Nederland:
– in Europa		–		–
– Bonaire		–		10-10-10
– Sint Eustatius		–		10-10-10
– Saba		–		10-10-10
– Aruba		17-05-10	T	01-09-10
– Curaçao		–		10-10-10
– Sint Maarten		–		10-10-10
Nieuw-Zeeland		20-07-10	T	01-11-10
Nigeria	16-11-01	16-12-03	R	01-03-06
Noorwegen		20-12-10	T	01-04-11
Oekraïne	09-03-04	31-07-12	R	01-11-12
Oman		21-03-05	T	01-03-06
Pakistan		22-01-04	T	01-03-06
Panama	11-09-02	28-07-03	R	01-03-06
Russische Federatie		25-05-11	T	01-09-11
Rwanda		28-01-10	T	01-05-10
Saudi-Arabië	12-03-03	27-06-08	R	01-10-08
Senegal	02-04-02	09-01-06	R	01-05-06
Seychellen		13-09-10	T	01-01-11
Singapore		28-01-09	T	01-05-09
Spanje		28-06-13	T	01-10-13
Sudan	16-11-01
Syrië		07-08-07	T	01-12-07
Tadzjikistan		31-05-11	T	01-09-11
Tanzania	16-11-01	30-01-09	R	01-05-09
Togo		27-01-10	T	01-05-10
Tonga	16-11-01
Turkije	16-11-01	23-08-11	R	01-12-11
Verenigd Koninkrijk	16-11-01
Verenigde Arabische Emiraten		29-04-08	T	01-08-08
Verenigde Staten van Amerika	09-05-03	28-10-04	R	01-03-06
Zimbabwe		13-05-08	T	01-09-08
Zuid-Afrika	16-11-01	18-01-07	R	01-05-07
Zwitserland	16-11-01
^* O=Ondertekening zonder voorbehoud of vereiste van ratificatie, R=Bekrachtiging, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebondenheid, NB=Niet bekend

Verklaringen, voorbehouden en bezwaren

Afghanistan, 25 juli 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.

Albanië, 30 oktober 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 april 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.

Bahrein, 27 november 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 december 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 september 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.

Brazilië, 30 november 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.

Canada, 26 maart 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.

China, 3 februari 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.

Colombia, 19 februari 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.

Congo, Republiek, 13 maart 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.

Costa Rica, 26 augustus 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.

Cuba, 28 januari 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.

Duitsland, 17 september 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.

Ethiopië, 21 november 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.

Europese Unie, 28 april 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 februari 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.

Ierland, 29 juli 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.

India, 31 maart 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.

Indonesië, 16 maart 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.

Jordanië, 31 augustus 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.

Kaapverdië, 26 september 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.

Kameroen, 19 april 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.

Kazachstan, 15 maart 2011

Form No. 1. Declarations 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 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 services performed on an 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.

Form No. 4. Declarations under Article 39(1) (b):

Nothing in this Convention shall affect the right of the Republic of Kazakhstan or State Entity, or 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. Declarations under Article 39(4):

The Republic of Kazakhstan declares that a right or interest of a category covered by a declaration made under sub-paragraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of accession to the Protocol.

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;

• d) lines 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

• 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 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.

Form No 11. Declarations Article 53:

Courts of primary jurisdictions within their territorial jurisdiction are the relevant court(s) for the purposes of Article 1 and Chapter XII of the Convention.

Form No 13 (mandatory declarations 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 court action and leave of the court or other court action.

Kazachstan, 16 november 2012

[As of 1 June 2013]

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.

Kenia, 13 oktober 2006

• (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.

Kenia, 30 mei 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.

Letland, 8 februari 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.

Luxemburg, 27 juni 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.

Madagaskar, 10 april 2013

Form No. 1 (specific opt-in declarations 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 opt-in 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 (opt-in 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. 11 (mandatory declaration under Article 54)

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.

Maleisië, 2 november 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, 1 oktober 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 juli 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.

Mongolië, 19 oktober 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 juli 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, 3 december 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.

Nederlanden, het Koninkrijk der, 17 mei 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.

Nieuw-Zeeland, 20 juli 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.

Nigeria, 26 maart 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.

Noorwegen, 20 december 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.

Oekraïne, 9 augustus 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.

  […]

Oman, 21 maart 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 januari 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 juli 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.

[…]

Russische Federatie, 25 mei 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 januari 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.

Saudi-Arabië, 27 juni 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 without leave of the Court, unless there is any expressed provision requiring the submission of an application to the Court.

Senegal, 9 januari 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.

Singapore, 28 januari 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.

Spanje, 28 juni 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.

Tadzjikistan, 31 mei 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 januari 2009

[…]

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 september 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.

39–1b

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.

[These subsequent declarations took effect on 1 April 2012.]

Turkije, 23 augustus 2011

• (i) Form No. 1 (specific opt-in 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 opt-in 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 (opt-in 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))

  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.

Verenigd Koninkrijk, 16 november 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.

Verenigde Arabische Emiraten, 29 april 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.

Verenigde Staten van Amerika, 28 oktober 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.

Zuid-Afrika, 18 januari 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.

Protocol

Zie Trb. 2009, 86.

Partij	Ondertekening	Ratificatie	Type^*	In werking	Opzegging	Buiten werking
Afghanistan		25-07-06	T	01-11-06
Albanië		30-10-07	T	01-02-08
Angola		30-04-06	T	01-08-06
Bahrein		27-11-12	T	01-03-13
Bangladesh		15-12-08	T	01-04-09
Belarus		27-09-11	T	01-01-12
Brazilië		30-11-11	T	01-03-12
Burundi	16-11-01
Canada	31-03-04	21-12-12	R	01-04-13
Chili	16-11-01
China	16-11-01	03-02-09	R	01-06-09
Colombia		19-02-07	T	01-06-07
Congo, Republiek	16-11-01	25-01-13	R	01-05-13
Cuba	16-11-01	28-01-09	R	01-05-09
Duitsland	17-09-02
Ethiopië	16-11-01	21-11-03	R	01-03-06
EU (Europese Unie)		28-04-09	T	01-08-09
Fiji		30-05-12	T	01-09-12
Frankrijk	16-11-01
Ghana	16-11-01
Ierland		23-08-05	T	01-03-06
India		31-03-08	T	01-07-08
Indonesië		16-03-07	T	01-07-07
Italië	06-12-01
Jamaica	16-11-01
Jordanië	16-11-01	31-08-10	R	01-12-10
Kaapverdië		26-09-07	T	01-01-08
Kameroen		19-04-11	T	01-08-11
Kazachstan		01-06-11	T	01-10-11
Kenia	16-11-01	13-10-06	R	01-02-07
Lesotho	16-11-01
Letland		08-02-11	T	01-06-11
Luxemburg		27-06-08	T	01-10-08
Madagaskar		10-04-13	T	01-08-13
Maleisië		02-11-05	T	01-03-06
Malta		01-10-10	T	01-02-11
Mexico		31-07-07	T	01-11-07
Mongolië		19-10-06	T	01-02-07
Mozambique		18-07-13	T	01-11-13
Myanmar		03-12-12	T	01-04-13
Nederlanden, het Koninkrijk der
– Nederland:
– in Europa		–		–
– Bonaire		–		10-10-10
– Sint Eustatius		–		10-10-10
– Saba		–		10-10-10
– Aruba		17-05-10	T	01-09-10
– Curaçao		–		10-10-10
– Sint Maarten		–		10-10-10
Nieuw-Zeeland		20-07-10	T	01-11-10
Nigeria	16-11-01	16-12-03	R	01-03-06
Noorwegen		20-12-10	T	01-04-10
Oekraïne	03-03-04	31-07-12	R	01-11-12
Oman		21-03-05	T	01-03-06
Pakistan		22-01-04	T	01-03-06
Panama	11-09-02	28-07-03	R	01-03-06
Russische Federatie		25-05-11	T	01-09-11
Rwanda		28-01-10	T	01-05-10
Saudi-Arabië	12-03-03	27-06-08	R	01-10-08
Senegal	02-04-02	09-01-06	R	01-05-06
Singapore		28-01-09	T	01-05-09
Sudan	16-11-01
Tadzjikistan		31-05-11	T	01-09-11
Tanzania	16-11-01	30-01-09	R	01-05-09
Togo		01-12-11	T	01-04-12
Tonga	16-11-01
Turkije	16-11-01	23-08-11	R	01-12-11
Verenigd Koninkrijk	16-11-01
Verenigde Arabische Emiraten		29-04-08	T	01-08-08
Verenigde Staten van Amerika	09-05-03	28-10-04	R	01-03-06
Zuid-Afrika	16-11-01	18-01-07	R	01-05-07
Zwitserland	16-11-01
^* O=Ondertekening zonder voorbehoud of vereiste van ratificatie, R=Bekrachtiging, aanvaarding, goedkeuring of kennisgeving, T=Toetreding, VG=Voortgezette gebondenheid, NB=Niet bekend

Verklaringen, voorbehouden en bezwaren

Afghanistan, 25 juli 2006

• (i) Form No. 19 (opt-in declarations under Article XXX(1) in respect of Article VIII)

  The Islamic Republic of Afghanistan declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declarations XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  The Islamic Republic of Afghanistan declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article. X(2) shall be in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) not more than ten (10) calendar days and in respect of the remedies specified in Articles 13(1)(d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) not more than thirty (30) calendar days.

• (iii) Form No. 23 (general op-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The Islamic Republic of Afghanistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

• (iv) Form No. 26 (opt-in declarations under Article XXX(1) in respect of Article XII)

  The Islamic Republic of Afghanistan declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  The Islamic Republic of Afghanistan declares that it will apply Article XIII.

• (vi) Form No. 34 (general declarations under Article XXIX)

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

Albanië, 30 oktober 2007

• 1. Pursuant to Article XXX of the Protocol –

  • A) the Republic of Albania will apply Article VIII of the Protocol;

  • B) the Republic of Albania will apply Article XII of the Protocol;

  • C) the Republic of Albania will apply Article XIII of the Protocol.

• 2.

  • A) Pursuant to Article XIX of the Protocol –

    • (i) the General Directorate of Civil Aviation (DGCA), acting through its Aircraft Registry, with its seat “Muhamet Gjollesha”, street (close to the park of delegations) Tirana Albania, shall be the entry point at which information required for registration in respect of airframes or helicopters pertaining to civil aircraft of the Republic of Albania or aircraft to become a civil aircraft of the Republic of Albania shall be transmitted, and in respect of aircraft engines may be transmitted, to the International Registry; and

    • (ii) the requirements of Chapter III of title “The Aircraft and the Maintenance of the Aircraft Registry”, of law no. 7877 of November 30th, “On Albanian Civil Aviation”, shall be fully complied with before such information is transmitted at the General Directorate of Civil Aviation (DGCA), to the International Registry.

  • B) For purposes of the designation in subparagraph (A)(i) and the requirements in subparagraph (A)(ii), information is transmitted at the General Directorate of Civil Aviation (DGCA), in accordance with procedures established under Albania’s law.

  • C) In this paragraph, the term “civil aircraft of the Republic of Albania” has the meaning given that term in article 3, point (d), of Law no.7877 of November 30th, “On Albanian Civil Aviation”.

Angola, 30 april 2006

Form No. 19 – Declaration under Article XXX(1) in respect of Article VIII

The Republic of Angola declares that it will apply Article VIII.

Form No. 21 – Declaration under Article XXX(2) in respect of Article X

The Republic of Angola declares that it will apply Article X in its entirety and the number of working days to be used for the purposes of the time-limit laid down in Article X(2) shall be:

• a) 10 days in respect of actions specified in paragraph a), b) and c) of article 13(1) of the Convention;

• b) 30 days in respect of actions specified in paragraph d), and e) of article 13(1) of the Convention.

Form No. 23 – Declaration under Article XXX(3) in respect of Article XI

The Republic of Angola declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and the “waiting period” for the purposes of Article XI(3) shall be 60 calendar days.

Form No. 26 – Declaration under Article XXX(1) in respect of Article XII

The Republic of Angola declares that it will apply Article XII.

Form No. 27 – Declaration under Article XXX(1) in respect of Article XIII

The Republic of Angola declares that it will apply Article XIII.

Bangladesh, 15 december 2008

• (i) Form No. 19 (opt-in declarations under Article XXX(1) in respect of Article VIII)

  The People’s Republic of Bangladesh declares that it shall apply Article VIII of the Protocol.

• (ii) Form No. 21 (opt-in declarations under XXX(2) in respect of Article X providing for the application of the entirety of Article X)

  The People’s Republic of Bangladesh declares that it shall apply Article X of the Protocol in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) of the Protocol shall be not more than:

  • a) ten (10) calendar days in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (respectively preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and, immobilization of the aircraft objects); and

  • b) thirty (30) calendar days in respect of the remedies specified in Articles 13(1)(d) and (e) of the Convention (respectively lease or management of the aircraft objects and the income thereof; and, sale and application of proceeds from the aircraft objects).

• (iii) Form No. 23 (general op-in declarations under Article XXX(3) in respect of Article XI) providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The People’s Republic of Bangladesh declares that it shall apply Article XI, Alternative A of the Protocol in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

• (iv) Form No. 26 (opt-in declarations under Article XXX(1) in respect of Article XII)

  The People’s Republic of Bangladesh declares that it shall apply Article XII of the Protocol.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  The People’s Republic of Bangladesh declares that it shall apply Article XIII of the Protocol.

• (vi) Form No. 34 (general declarations under Article XXIX)

  The People’s Republic of Bangladesh declares that the Aircraft Protocol shall apply to whole of Bangladesh including its maritime boundaries.

Brazilië, 30 november 2011

• (vi) Declaration under Article XXX, paragraph 1, with respect to Article VIII

  The Federative Republic of Brazil declares that it will apply Article VIII.

• (vii) Declarations under Article XXX, paragraph 2, in regard to Article X with respect to its full application

  The Federative Republic of Brazil declares that it will apply Article X wholy and that the number of working days for the purposes of the periods established in Article X, paragraph 2, shall be, with respect to the legal remedies provided for in Article 13, paragraph 1, a, b, c, d, and e of the Convention (preservation of the object and its value; possession, control, or custody of the object; immobilization of the object; lease or management of the object and the income therefrom; sale and application of the proceeds of the sale), ten (10) calendar days for the court proceeding in connection with the legal remedies provided for in Article 13, paragraph 1, a to c, and thirty (30) calendar days for the court proceeding in regard to the exercise of the legal remedies provided for in Article 13, paragraph 1, d and e.

• (viii) Declaration under Article XXX, paragraph 3, with respect to Article XI

  The Federative Republic of Brazil declares that it will apply the entirety of Article XI, Alternative A, to all insolvency proceedings, and that the waiting period for the purposes of Article XI, paragraph 3, of this Alternative shall be thirty (30) calendar days.

• (ix) Declaration under Article XXX, paragraph 1, with respect to Article XII

  The Federative Republic of Brazil declares that it will apply Article XII.

• (x) Declaration under Article XXX, paragraph 1, with respect to Article XIII

  The Federative Republic of Brazil declares that it will apply Article XIII.

• (xi) Declaration under Article XIX, paragraph 1, providing for the designation of mandatory entry points for the transmission of information on registrations in respect of airframes and helicopter frames and optional entry points for the transmission of information on registrations in respect of aircraft engines to the International Registry.

A The Federative Republic of Brazil declares that:

• a) The National Civil Aviation Agency of the Federative Republic of Brazil, acting through the Brazilian Aeronautical Registry, shall be the entry point from which there shall be transmitted – and in the case of aircraft engines may be transmitted – to the International Registry information related to international transactions with respect to airframes pertaining to civil aircraft, helicopters or civil aircraft registered in the Federative Republic of Brazil;

• b) the requirements related to the Registry, established by the Brazilian laws and regulations, shall be fully complied with, prior to the transmission of any information from the Brazilian Aeronautical Registry to the International Registry.

Canada, 26 maart 2013

The Government of Canada also declares, in accordance with Article XXIX of the Protocol, that the Protocol shall extend 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 XXX of the Protocol, that it will apply Article VIII of the Protocol.

The Government of Canada also declares, in accordance with Article XXX of the Protocol, that it will apply paragraphs 3, 4 and 5 of Article X of the Protocol.

The Government of Canada also declares, in accordance with Article XXX of the Protocol, that it will comply with Article X(6) consistent with Canada’s implementing legislation.

The Government of Canada also declares, in accordance with Article XXX of the Protocol, that it will apply Article XI, Alternative A of the Protocol in its entirety to all types of insolvency proceedings and all insolvency-related events and that the waiting period for the purposes of Article XI(3), Alternative A shall be sixty (60) calendar days.

The Government of Canada also declares, in accordance with Article XXX of the Protocol, that it will apply Article XII of the Protocol.

The Government of Canada also declares, in accordance with Article XXX of the Protocol, that it will apply Article XIII of the Protocol.

China, 3 februari 2009

[…]

• 7. The PRC declares that it will apply the provisions of Article VIII, Article XII and Article XIII of the Protocol.

• 8. The PRC declares that it will apply the provisions of Article X(1), (2), (3), (4), (6), (7) of the Protocol. The court of the PRC, upon receipt of the application shall, in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention, make order within 10 calendar days which shall be enforced immediately and in respect of the remedies specified in Articles 13(1)(d) and (e) of the Convention, make order within 30 calendar days which shall be enforced immediately.

• 9. The PRC declares that it will apply the entirety of Alternative A of Article XI of the Protocol to all types of insolvency proceeding defined by the Protocol, and that the waiting period shall be 60 calendar days.

• 10. According to provisions of Article XIX of the Protocol, the PRC designates the Aircraft Rights Registry under the Civil Aviation Administration of China (CAAC) as the entry point.

• 11. Unless otherwise notified by the Government of the PRC, the Convention and the Protocol shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region.

Colombia, 19 februari 2007

In accordance with Article XXXII of the Protocol, Colombia declares that:

• a) In respect of Article XXX(1) of the Protocol, Article VIII will apply.

• b) In respect of Article XXX(2) of the Protocol, Article X will apply in its entirety, and the number of working days to be used for the purposes of the time-limit laid down in Article X(2) shall be 30 days.

• c) In respect of Article XXX(3) of the Protocol, Alternative A of Article XI will apply in its entirety to all types of insolvency proceeding and the waiting period for the case of Article XI(3) of that Alternative shall be 60 days.

• d) In respect of Article XXX(1) of the Protocol, Article XII will apply.

Duitsland, 17 september 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.

Ethiopië, 21 november 2003

• 1. Pursuant to Article XXX(1) of the Protocol, Articles VIII, XII and XIII of the Protocol will be applied.

• 2. Pursuant to Article XXX(2) of the Protocol:

  • a) The entirety of Article X of the Protocol will be applied;

  • b) The time period required thereby is (a) in respect of the remedies specified in Article 13(1)(a)-(c) of the Convention no more than five working days and (b) in respect of the remedies specified in Articles 13(1)(d)-(e) of the Convention no more than 20 working days.

• 3. Pursuant to Article XXX(3) of the Protocol:

  • a) The entirety of Alternative A of Article XI of the Protocol will be applied to “all insolvency proceedings” (as defined in the Convention);

  • b) The “waiting period” (as defined therein) under Article XI(3) is no more than 30 working days.

Europese Unie, 28 april 2009

• (II) Declaration pursuant to Article XXVII(2) concerning the competence of the European Community over matters governed by the Aircraft Protocol on matters specific to aircraft equipment (“Aircraft Protocol”), in respect of which the Member States have transferred their competence to the Community

  • 1. Article XXVII of the Aircraft Protocol provides that regional economic integration organisations which are constituted by sovereign States and which have competence over certain matters governed by that Protocol may accede to it on condition that they make the declaration referred to in Article XXVII(2). The Community has decided to accede to the Aircraft Protocol 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, the Republic of 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 Aircraft Protocol 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 Aircraft Protocol, the Community will not make a declaration pursuant to Article XXX(1) concerning the application of Article VIII nor will it make any of the declarations permitted under Article XXX(2) and (3). The Member States keep their competence concerning the rules of substantive law as regards insolvency.

  • 7. The exercise of 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 Aircraft Protocol.

• (II) Declaration by the European Community pursuant to Article XXX of the Protocol on matters specific to aircraft equipment (“Aircraft Protocol”)

  In accordance with Article XXX(5) of the Aircraft Protocol, Article XXI of that Protocol will not apply within the Community and 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 to this matter for the Member States bound by the said Regulation or by any other agreement designed to extend its effects.

Fiji, 30 mei 2012

Form No. 19

Declaration under Article XXX(1) in respect of Article VIII

The Government of the Republic of Fiji declares that it will apply Article VIII.

Form No. 20

Declaration under Article XXX(2) in respect of Article X providing for partial application of Article X

The Government of the Republic of Fiji declares that it will apply only the provisions of Article X(1), (2), (3), (4), (6) and (7), and that the number of working days to be used for the purposes of the time-limit laid down in Article X(2) shall be the number of working days equivalent to ten (10) calendar days in connection with the legal remedies provided for in Article 13(1)(a), (b) and (c) of the Convention and thirty (30) calendar days in connection with the legal remedies provided for in Article 13(1)(d) and (e) of the Convention.

Form No. 23

General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding[s]

The Government of the Republic of Fiji declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

Form No. 27

Declaration under Article XXX(1) in respect of Article XIII

The Government of the Republic of Fiji declares that it will apply Article XIII.

Ierland, 23 augustus 2005

In accordance with Article XXX of the Aircraft Protocol, it is declared that Articles VIII, XII and XIII, and subarticle 3 of Article X, of that Protocol apply to and in respect of the State.

India, 31 maart 2008

• (i) Form No. 19 (opt-in declaration under Article XXX(1) in respect of Article VIII)

  India will apply Article VIII.

• (ii) Form No. 21 (opt-in declarations under Article XXX(2) in respect of Article X) providing for the application of the entirety of Article X

  India will apply Article X of the Protocol in its entirety and the number of working days to be used for the purposes of the time limit laid down in Article X(2) of the Protocol shall be that equal to no more than:

  • a) ten (10) working days in respect of the remedies specified in Article 13(1)(a), (b) and (c) of the Convention (respectively, preservation of aircraft objects and their value; possession, control or custody of aircraft objects; and, immobilization of aircraft objects); and

  • b) thirty (30) working days in respect of the remedies specified in Article 13(1)(d) and (e) of the Convention (respectively, lease or management of aircraft objects and the income thereof; and, sale and application of proceeds from aircraft objects).

• (iii) Form No. 23 (general opt-in declaration under Article XXX(3) in respect of Article XI) providing for the application of Alternative A in its entirety to all types of insolvency proceedings)

  India will apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be two (2) calendar months.

• (iv) Form No. 26 (opt-in declaration under Article XXX(1) in respect of Article XII)

  India will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  India will apply Article XIII.

Indonesië, 16 maart 2007

• (i) Form No. 19 (opt-in declaration under the Article XXX(1) in respect of Article VIII)

  Indonesia declares that it shall apply Article VIII.

• (ii) Form No. 26 (opt-in declaration under the Article XXX(1) in respect of Article XII)

  Indonesia declares that it shall apply Article XII.

• (iii) Form No. 27 (opt-in declaration under the Article XXX(1) in respect of Article XIII)

  Indonesia declares that it shall apply Article XIII.

• (iv) Form No. 21 (opt-in declaration under the Article XXX(2) in respect of Article X providing for the application of the entirety of Article X)

  Indonesia declares that it shall apply Article X of the Protocol in its entirety and that the number of calendar days to be used for the purposes of the time limit laid down in Article X(2) of the Protocol shall be no more than:

  • a) ten (10) calendar days in respect of the remedies specified in Article 13(1)(a), (b) and (c) of the Convention (respectively, preservation of aircraft objects and their value; possession, control or custody of aircraft objects; and immobilization of aircraft objects); and

  • b) thirty (30) calendar days in respect of the remedies specified in Article 13(d) and (e) of the Convention (respectively, lease or management of aircraft object and the income thereof; and, sale and application of proceeds from aircraft object).

• (v) Form No. 23 (general opt-in declaration under the Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceedings)

  Indonesia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

Jordanië, 31 augustus 2010

• 1. – Declaration under Article XXX(1) in respect of Article VIII:

  The Hashemite Kingdom of Jordan declares that it will apply Article VIII.

• 2. – Declaration under Article XXX(2) in respect of Article X providing for the application of the entirety of the latter:

  The Hashemite Kingdom of Jordan declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be in respect of the remedies specified in Article 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects, and immobilization of the aircraft objects) not more than number of working days equivalent to ten (10) calendar days and in respect of the remedies specified in Article 13(1)(d) and (e) of the Convention (lease or management of the aircraft objects and in the income thereof and sale and application of proceeds from the aircraft equipment) not more than the number of working days equivalent to thirty (30) calendar days in each case from the date the application for relief is filed.

• 3. – General Declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding:

  The Hashemite Kingdom of Jordan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and all other insolvency related events and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

• 4. – Declaration under Article XXX(1) in respect of Article XII:

  The Hashemite Kingdom of Jordan declares that it will apply Article XII.

• 5. – Declaration under Article XXX(1) in respect of Article XIII:

  The Hashemite Kingdom of Jordan declares that it will apply Article XIII.

Kaapverdië, 26 september 2007

Form Nº 19 – Declaration under Article XXX(1) in respect of Article VIII

The Republic of Cape Verde declares that it will apply Article VIII.

Form Nº 21 – Declaration under Article XXX (2) in respect of Article X

The Republic of Cape Verde declares that it will apply Article X in its entirety and the number of working days to be used for the purposes of the time-limit laid down in Article X(2) shall be that equal to no more than:

• a) 10 calendar days in respect of actions specified in paragraph a), b) and c) of article 13(1) of the Convention;

• b) 30 calendar days in respect of actions specified in paragraph d), and e) of article 13(1) of the Convention.

Form Nº 23 – Declaration under Article XXX (3) in respect of Article XI

The Republic of Cape Verde declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and the “waiting period” for the purposes of Article XI(3) shall be 60 calendar days.

Form Nº 26 – Declaration under Article XXX (1) in respect of Article XII

The Republic of Cape Verde declares that it will apply Article XII.

Form Nº 27 – Declaration under Article XXX (1) in respect of Article XIII

The Republic of Cape Verde declares that it will apply Article XIII.

Kazachstan, 1 juni 2011

Form No. 19. Declarations under Article XXX (1) in respect of Article VIII:

The Republic of Kazakhstan declares that it will apply Article VIII.

Form No. 21. Declarations under Article XXX (2) in respect of Article X providing for the application of the entirety of the latter:

The Republic of Kazakhstan declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be:

• A) in respect of the remedies specified in paragraphs (a), (b) and (c) of Article 13(1) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) not more than the number of working days equivalent to ten (10) calendar days;

• B) in respect of the remedies specified in paragraphs (d) and (e) of Article 13(1) of the Convention (lease or management of the aircraft objects and the income thereof; and sale and application of proceeds from the aircraft equipment) not more than the number of working days equivalent to thirty (30) calendar days.

Form No. 23. Declaration under Article XXX (3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding:

The Republic of Kazakhstan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) shall be sixty (60) calendar days.

Form No. 26. Declarations under Article XXX (1) in respect of Article XII

The Republic of Kazakhstan declares that it will apply Article XII.

Form No. 27. Declaration under Article XXX (1) in respect of Article XII

The Republic of Kazakhstan declares that it will apply Article XIII.

Kenia, 13 oktober 2006

[…]

• (I) Form No. 19 (Opt-in declaration Under Article XXX(1) in respect of Article VIII)

  Kenya declares that it will apply Article VIII.

• (II) Form No. 21 (Opt-in declaration Under Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  Kenya declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time-limit laid down in Article X(2) shall be in respect of the remedies specified in Articles 13(1) (a), (b) and (c) of the convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects and immobilization of the aircraft objects) not more than ten (10) calendar days and in respect of the remedies specified in Articles 13(1) (d) and (e) of the convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) not more than thirty (30) calendar days.

• (III) Form No. 23 (general Opt-in declaration under Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  Kenya declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

• (VI) Form No. 26 (Opt-in declaration under Article XXX(1) in respect of Article XII)

  Kenya declares that it will apply Article XII.

• (V) Form No. 27 (Opt-in declaration under Article XXX(1) in respect of Article XIII)

  Kenya declares that it will apply Article XIII.

Luxemburg, 27 juni 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 XXX(1) of the Aircraft Protocol, the Grand-Duchy of Luxembourg declares that it will apply Articles VIII, XII and XIII;

• pursuant to Article XXX(2) of the Aircraft Protocol, the Grand-Duchy of Luxembourg declares that it will apply Article X in its entirety except for paragraph (5), and that the expression “speedy” shall represent a period of 10 days in relation to the measures enumerated in paragraphs (a) to (c) of Article 13(1) of the Convention and a period of 30 days in relation to the measures enumerated in paragraphs (d) and (e) of the same Article;

• pursuant to Article XXX(3) of the Aircraft Protocol, the Grand-Duchy of Luxembourg declares that it will apply in its entirety Alternative A of Article XI and that the waiting period for the purposes of Article XI(3) is 60 days.

Madagaskar, 10 april 2013

Form No. 19 (opt-in declaration under Article XXX(1) in respect of Article VIII)

The Republic of Madagascar declares that it will apply Article VIII.

Form No. 21 (opt-in declaration under Article XXX(2) in respect of Article X providing for application of this Article in its entirety)

The Republic of Madagascar declares that it will apply Article X in its entirety except for paragraph (5) of this Article, and that the number of working days to be used for the purposes of the time-limit (“speedy”) laid down in Article X(2) in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects and immobilisation of the aircraft objects) shall be not more than ten (10) calendar days and, in respect of the remedies specified in Articles 13(1)(d) and (e) of the Convention (lease or, except where covered by sub-paragraphs (a) to (c), management of the aircraft object and income therefrom) as well as sale and application of proceeds, not more than thirty (30) working days.

Form No. 23 (general opt-in declaration under Article XXX(3) in respect of Article XI providing for the application in its entirety of Alternative A to all types of insolvency proceeding)

The Republic of Madagascar declares that it will apply Article XI, Alternative A, in its entirety to all types of insolvency proceeding and that the “waiting period” for the purposes of Article XI(3), Alternative A shall be 60 calendar days.

Form No. 26 (opt-in declaration under Article XXX(1) in respect of Article XII)

The Republic of Madagascar declares that it will apply Article XII.

Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

The Republic of Madagascar declares that it will apply Article XIII.

Maleisië, 2 november 2005

• (i) Form No. 19 (opt-in declaration under Article XXX(1) in respect of Article VIII)

  Malaysia declares that it shall apply Article VIII.

• (ii) Form No. 26 (opt-in declaration under Article XXX(1) in respect of Article XII)

  Malaysia declares that it shall apply Article XII.

• (iii) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  Malaysia declares that it shall apply Article XIII.

• (iv) Form No. 21 (opt-in declarations under Article XXX(2) in respect of Article X providing for the application of the entirety of Article X)

  Malaysia declares that it shall apply Article X of the Protocol in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) of the Protocol shall be no more than:

  • a) ten (10) working days in respect of the remedies specified in Article 13(1)(a), (b) and (c) of the Convention (respectively, preservation of aircraft objects and their value; possession, control or custody of aircraft objects; and, immobilisation of aircraft objects); and,

  • b) thirty (30) working days in respect of the remedies specified in Article 13(1)(d) and (e) of the Convention (respectively, lease or management of aircraft objects and the income thereof; and, sale and application of proceeds from aircraft objects).

Maleisië, 18 december 2006

• (v) Form No. 23 (general opt-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceedings)

  Malaysia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be forty (40) working days.

Malta, 1 oktober 2010

• 1. Pursuant to subarticle 1 of Article XXX of the Aircraft Protocol, it is declared that Article XIII of that Protocol applies to and in respect of Malta.

Mexico, 31 juli 2007

• 1. The United Mexican States declares that it will apply Article VIII of the Protocol.

• 2. In accordance with Article XI, the United Mexican States will apply Alternative B in its entirety to all types of insolvency proceeding and that the time-period for the purposes of Article XI subparagraph 2) shall be the time-period expressly indicated by the Parties in the corresponding contract consistent with the applicable law, and shall commence not earlier than the tie when the insolvency administrator or the debtor receives the creditor’s request under Article XI subparagraph 2) of that Alternative.

• 3. For registration in respect of airframes or helicopters pertaining to aircraft of the United Mexican States or aircrafts to become a civil aircraft of the United Mexican States, the Mexican Aeronautical Record is the entry point to the International Registry, and in respect of aircraft engines, may be the entry point to said Registry.

• 4. In accordance with Article XXX:

  • a) The United Mexican States declares that it will apply Article VIII of the Protocol.

  • b) The United Mexican States will apply in its entirety the Alternative B of Article XI of the Protocol to all types of insolvency proceedings, consistent with the national public order.

Mongolië, 19 oktober 2006

• (i) Form No. 19 (opt-in declarations under Article XXX(1) in respect of Article VIII)

  Mongolia declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declarations under Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  Mongolia declares that it will apply Article X of the Protocol in its entirety and that the number of working days to be used for the purposes of the time-limit laid down in Article X(2) shall be not more than:

  • a) ten (10) working days and in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects); and

  • b) thirty (30) working days in respect of the remedies specified in Articles 13(1)(d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof; and, sale and application of proceeds from aircraft objects).

• (iii) Form No. 23 (general opt-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  Mongolia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceeding, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) working days.

• (iv) Form No. 26 (opt-in declarations under Article XXX(1) in respect of Article XII)

  Mongolia declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  Mongolia declares that it will apply Article XIII.

Mozambique, 18 juli 2013

Declaration Form No. 19 – under Article XXX(1), in respect of Article VIII

The Republic of Mozambique declares that will apply Article VIII.

Declaration Form No. 21 – under Article XXX(2), in respect of Article X

The Republic of Mozambique declares that will apply Article X in its full force and that the number of effective days to be used for the deadline indicated in Article X(2) will be of:

• a) 10 days in respect of actions specified in lines a), b) and c) of Article 13(1) of the Convention;

• b) 30 days in respect of actions specified in line d) of Article 13(1) of the Convention.

Declaration Form No. 23 – under Article XXX(3), in respect of Article XI

The Republic of Mozambique declares that will apply Article XI, alternative A, in its full force, to all kind of insolvency processes and that the waiting period for the effects of the content of Article XI(3) the aforesaid alternative will be of 60 calendar days.

Declaration Form No. 26 – under Article XXX(1), in respect of Article XII

The Republic of Mozambique declares that will apply Article XII.

Declaration Form No. 27 – under Article XXX(1), in respect of Article XIII

The Republic of Mozambique declares that will apply Article XIII.

Myanmar, 3 december 2012

• (i) Form No. 19 (opt-in declarations under Article XXX(1) in respect of Article VIII)

  Myanmar declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declarations under Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

Myanmar declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be:

• (i) in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects), be not more than the number of working days equivalent to ten (10) calendar days,

• (ii) in respect of the remedies specified in Articles 13(a), (d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment), be not more than the number of working days equivalent to thirty (30) calendar days.

• (iii) Form No. 23 (general opt-in declarations under Article XXX(3) in respect of Article XI

  providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  Myanmar declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty 30) calendar days.

• (iv) Form No. 26 (opt-in declarations under Article XXX(1) in respect of Article XII)

  Myanmar declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  Myanmar declares that it will apply Article XIII.

• (vi) Form No. 34 (general declarations under Article XXIX)

  Myanmar declares that the Aircraft Protocol is to apply to all its territorial units.

Nederlanden, het Koninkrijk der, 17 mei 2010

Declarations by the Kingdom of the Netherlands pursuant to Article XXX, paragraph 1, of the Protocol:

• A) the Netherlands Antilles and Aruba will apply Article VIII of the Protocol;

• B) the Netherlands Antilles and Aruba will apply Article XII of the Protocol;

• C) the Netherlands Antilles and Aruba will apply Article XIII of the Protocol.

Pursuant to Article XXX, paragraph 2, of the Protocol the Kingdom of the Netherlands declares that the Netherlands Antilles and Aruba will apply Article X in its entirety except for paragraph 5, and that the number of working days to be used for the purpose of the time limit laid down in Article X, paragraph 2, shall be in respect of the remedies specified in Article 13, paragraph 1, sub a, b and c, of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) not more than ten (10) calendar days and in respect of the remedies specified in Article 13, paragraph 1, sub d and e, of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) not more than thirty (30) calendar days.

Pursuant to Article XXIX of the Protocol, the Kingdom of the Netherlands declares that the Protocol is to apply to the following territorial units: the Netherlands Antilles and Aruba.

Nieuw-Zeeland, 20 juli 2010

New Zealand declares, under Article XXX(1), that it will apply Article VIII.

New Zealand declares, under Article XXX(3), that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

New Zealand declares, under Article XXX(1), that it will apply Article XII.

New Zealand declares, under Article XXX(1), that it will apply Article XIII.

New Zealand declares, under Article XXX(5), that it will not apply Article XXI, wholly or in part.

New Zealand declares, under Article XXIX, 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.

Nigeria, 26 maart 2007

• (i) Form No. 19 (opt-in declaration under Article XXX(1) in respect of Article VIII)

  The Federal Republic of Nigeria declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declaration XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  The Federal Republic of Nigeria declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) not more than ten (10) calendar days and in respect of the remedies specified in Articles 13(1)(d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) not more than thirty (30) calendar days.

• (iii) Form No. 23 (general opt-in declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The Federal Republic of Nigeria declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

• (iv) Form No. 26 (opt-in declaration under Article XXX(1) in respect of Article XII)

  The Federal Republic of Nigeria declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  The Federal Republic of Nigeria declares that it will apply Article XIII.

Noorwegen, 20 december 2010

Pursuant to Article XXX(1) of the Aircraft Protocol, Norway declares that it will apply Articles VIII, XII and XIII.

Pursuant to Article XXX(3) of the Aircraft Protocol, Norway declares that it will apply in its entirety Alternative A of Article XI to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) is 60 days.

Pursuant to Article XXX(5) of the Aircraft Protocol, Norway declares that Article XXI of the Protocol will not apply within the European Economic Area. The Lugano Convention 1998 and 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters will apply to this matter for the Member States to the said Lugano Convention.

Oekraïne, 9 augustus 2012

[…]

• 4. On Articles VIII and XIII of the Protocol:Pursuant to Article XXX(1) of the Protocol Ukraine declares that it shall apply the Articles VIII and XIII of the Protocol.

• 5. On Article XI of the Protocol: Pursuant to Article XXX(3) of the Protocol Ukraine declares that it shall apply the Alternative A of Article XI of the Protocol in general to all insolvency proceedings and that the “waiting period” for the purposes of the Alternative A of Article XI of the Protocol shall be no later than 60 calendar days.

• 6. On Article XIX of the Protocol: State Aviation Administration of Ukraine is designated as the entry point for information.

Oman, 21 maart 2005

• (i) Form No. 19 (opt-in declarations under Article XXX(1) in respect of Article VIII)

  The Sultanate of Oman declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declarations under Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  The Sultanate of Oman declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be in respect of the remedies specified in Article 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) not more than ten (10) calendar days and in respect of the remedies specified in Article 13(1)(d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) not more than thirty (30) calendar days.

• (iii) Form No. 23 (general opt-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The Sultanate of Oman declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

• (iv) Form No. 26 (opt-in declarations under Article XXX(1) in respect of Article XII)

  The Sultanate of Oman declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declarations under Article XXX(1) in respect of Article XIII)

  The Sultanate of Oman declares that it will apply Article XIII.

• (vi) Form No. 34 (general declarations under Article XXIX)

  The Sultanate of Oman declares that the Aircraft Protocol is to apply to all its territorial units.

Pakistan, 22 januari 2004

• (i) Form No. 19 (opt-in declarations under Article XXX(1) in respect of Article VIII)

  Pakistan declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declarations under Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  Pakistan declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be in respect of the remedies specified in Article 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilisation of the aircraft objects) not more than ten (10) calendar days and in respect of the remedies specified in Article 13(1)(d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) not more than thirty (30) calendar days.

• (iii) Form No. 23 (general opt-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  Pakistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty days.

• (iv) Form No. 26 (opt-in declarations under Article XXX(1) in respect of Article XII)

  Pakistan declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declarations under Article XXX(1) in respect of Article XIII)

  Pakistan declares that it will apply Article XIII.

• (vi) Form No. 34 (general declarations under Article XXIX)

  Pakistan declares that the Aircraft Protocol is to apply to all its territorial units.

Panama, 28 juli 2003

[…]

• 6. As to Article XXX(1) of the Protocol, it will apply Articles VIII, XII and XIII of the Protocol.

• 7. As to Article XXX(2) of the Protocol, it will apply Article X of the Protocol.

• 8. As to Article XXX(3) of the Protocol:

  • a) it will apply the entirety of Alternative A of Article XI of the Protocol to all types of insolvency proceeding, as defined in the Convention;

  • b) the waiting period under Article XI shall not exceed 60 days.

Russische Federatie, 25 mei 2011

[…]

• 5. Pursuant to paragraph 3 of Article XXX of the Protocol, the Russian Federation, declares that it will apply the entirety of Alternative A of Article XI of the Protocol to all types of bankruptcy cases, and that the waiting period shall be 60 calendar days.

Russische Federatie, 28 januari 2013

The Russian Federation declares that it will apply Article VIII and Article XIII.

Rwanda, 28 januari 2010

• (i) Form No. 19 (opt-in declarations under Article XXX(1) in respect of Article VIII)

  The Republic of Rwanda declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declarations Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  The Republic of Rwanda declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article. X(2) shall be in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) not more than the number of working days equivalent to ten (10) calendar days and in respect of the remedies specified in Articles 13(1)(d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) not more than the number of working days equivalent to thirty (30) calendar days.

• (iii) Form No. 23 (general op-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The Republic of Rwanda declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

• (iv) Form No. 26 (opt-in declarations under Article XXX(1) in respect of Article XII)

  The Republic of Rwanda declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  The Republic of Rwanda declares that it will apply Article XIII.

• (vi) Form No. 34 (general declarations under Article XXIX)

  The Republic of Rwanda declares that the Aircraft Protocol is to apply to all its territorial units.

Senegal, 9 januari 2006

• (i) Form No. 19 (opt-in declaration under Article XXX(1) in respect of Article VIII)

  The Republic of Senegal declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declaration under Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  The Republic of Senegal declares that it will apply Artic le X in its entirety and that the number of working days to be used for the purposes of the time-limit laid down in Article X(2) relating to the remedies available to the creditor provided for in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft object and its value; possession, control or custody of the object; and immobilisation of the object) shall be no more than ten (10) calendar days and, relating to the remedies provided for in Artic le 13(1)(d) and (e) of the Convention (lease or, except where covered by sub-paragraphs (a) to (c), management of the aircraft object and the income therefrom) as well as sale and application of proceeds shall be no more than thirty (30) calendar days.

• (iii) Form No. 23 (general opt-in declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The Republic of Senegal declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be of thirty (30) calendar days.

• (iv) Form No. 26 (opt-in declaration under Article XXX(1) in respect of Article XII)

  The Republic of Senegal declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  The Republic of Senegal declares that it will apply Article XIII.

• (vi) Form No. 34 (general declaration under Article XXIX)

  The Republic of Senegal declares that the Aircraft Protocol is to apply to all its

  territorial units.

Singapore, 28 januari 2009

Form No. 23 (general opt-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

Singapore declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

Form No. 26 (opt-in declarations under Article XXX(1) in respect of Article XII)

Singapore declares that it will apply Article XII.

Form No. 27 (opt-in declarations under Article XXX(1) in respect of Article XIII)

Singapore declares that it will apply Article XIII.

Singapore, 26 april 2010

Form No. 19 (opt-in declarations under Article XXX(1) in repect of Article VIII)

Singapore declares that it will apply Article VIII.

Tadzjikistan, 31 mei 2011

Form No. 19. Declarations under Article XXX (1) in respect of Article VIII:

The Republic of Tajikistan declares that it will apply Article VIII.

Form No. 21. Declarations under Article XXX (2) in respect of Article X providing for the application of the entirety of the latter:

The Republic of Tajikistan declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be:

• A) in respect of the remedies specified in paragraphs (a), (c) of Article 13(1) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) not more than the number of working days equivalent to ten (10) calendar days;

• B) in respect of the remedies specified in paragraphs (d) and (e) of Article 13(1) of the Convention (lease or management of the aircraft objects and the income thereof; and sale and application of proceeds from the aircraft equipment) not more than the number of working days equivalent to thirty (30) calendar days.

Form No. 23. Declaration under Article XXX (3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding:

The Republic of Tajikistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period shall be sixty (60) calendar days.

Form No. 27. Declarations under Article XXX (1) in respect of Article XIII:

The Republic of Tajikistan declares that it will apply Article XIII.

Tanzania, 24 juni 2009

[…]

• (i) Opt in declaration under Article XXX(1) in respect of Article VIII (Choice of Law)

  The United Republic of Tanzania declares that it will apply Article VIII.

• (ii) Opt-in declaration XXX(2) in respect of Article X (Relief pending final determination)

  The United Republic of Tanzania declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) the number of working days equivalent to not more than ten (10) calendar days and in respect of the remedies specified in Articles 13(1) (d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) the number of working days equivalent to not more than thirty (30) calendar days.

• (iii) Opt-in declaration under Article XXX(3) in respect of Article XI (Providing for the Application of Alternative A in its Entirety to all types of Insolvency Proceedings)

  The United Republic of Tanzania declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

• (iv) Opt-in declaration under Article XXX(1) in respect of Article XII (Insolvency Assistance)

  The United Republic of Tanzania declares that it will apply Article XII.

  Opt-in declaration under Article XXX(1) in respect of Article XIII (Deregistration and Export Request Authorisation)

  The United Republic of Tanzania declares that it will apply Article XIII.

Togo, 1 december 2011

Declaration pursuant to Article XXX-1

The Togolese Republic declares that it will apply Article VIII, XII and XIII of the Protocol.

Declaration pursuant to Article XXX-2

The Togolese Republic declares that it will apply Article X of the Protocol in its entirety.

For the purposes Article X of the Protocol, the time limit following the filing of an application shall not exceed:

• a) Ten (10) working days in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft and its value; possession, control or custody of the aircraft; and detention of the aircraft)

• b) Thirty (30) working days in respect of the remedies specified in Articles 13(1)(d) and (e) (lease or, except where covered by sub-paragraphs (a) to (c), management of the aircraft object and income therefrom, as well as sale and application of proceeds).

Declaration pursuant to Article XXX-3

The Togolese Republic declares that it will apply Alternative A of Article XI of the Protocol in its entirety. It will applied in the context of insolvency proceedings and the waiting period for the purposes of Article XI(3) shall not exceed thirty (30) working days.

Turkije, 23 augustus 2011

• (i) Form No. 19 (opt-in declaration under Article XXX(1) in respect of Article VIII)

  The Republic of Turkey declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declaration Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  The Republic of Turkey declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be, in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects), not more that ten (10) calendar days and, in respect of the remedies specified in Articles 13(1)(d)-(e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment), not more than thirty (30) calendar days.

• (iii) Form No. 23 (general op-in declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The Republic of Turkey declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

• (iv) Form No. 26 (opt-in declaration under Article XXX(1) in respect of Article XII)

  The Republic of Turkey declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  The Republic of Turkey declares that it will apply Article XIII.

Verenigd Koninkrijk, 16 november 2001

The United Kingdom, 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. Signature of the Protocol on behalf of the Community will be decided by the competent Community institution in accordance with the provisions of the Treaty.

Verenigde Arabische Emiraten, 29 april 2008

• (i) Form No. 19 (opt-in declaration under Article XXX(1) in respect of Article VIII)

  The United Arab Emirates declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declarations under Article XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  The United Arab Emirates declares that it will apply Article X in its entirety and that the number of working days to be used for the purpose of the time limit laid down in Article X(2) shall be in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects) not more than ten (10) calendar days and in respect of the remedies specified in Article 13 (1) (d) and (e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment) not more than thirty (30) calendar days.

• (iii) Form No. 23 (general opt-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The United Arab Emirates declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and all other insolvency-related events and that waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.

• (iv) Form No. 26 (opt-in declarations under Article XXX(I) in respect of Article XII)

  The United Arab Emirates declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declarations under Article XXX(1) in respect of Article XIII)

  The United Arab Emirates declares that it will apply Article XIII.

• (vi) Form No. 28 (A) (opt-in declarations under Article XIX(1)providing for the designation of entry points for compulsory use as transmitters of registration information for airframes and helicopters, and for optional use as transmitters of registration information for aircraft engines, to the International Registry)

  The United Arab Emirates declares that the General Civil Aviation Authority (“GCAA”), acting through its Aircraft Registry (Dubai/Abu Dhabi) and/or Ince Al Jallaf & Co. (Dubai) as published by the GCAA, shall be the entry point(s) at which information required for registration in respect of airframes or helicopters to civil aircraft of the United Arab Emirates or aircraft to become a civil aircraft of the United Arab Emirates shall be transmitted, and in respect of aircraft engines may be transmitted, to the International Registry.

• (vii) Form No. 34 (general declarations under Article XXIX)

  The United Arab Emirates declares that the Aircraft Protocol is to apply to all its territorial units.

Verenigde Staten van Amerika, 28 oktober 2004

• 1. Pursuant to Article XXX of the Protocol –

  • A) the United States will apply Article VIII of the Protocol;

  • B) the United States will apply Article XII of the Protocol; and

  • C) the United States will apply Article XIII of the Protocol.

• 2.

  • A) Pursuant to Article XIX of the Protocol –

    • (i) the Federal Aviation Administration, acting through its Aircraft Registry, FAA Aeronautical Center, 6400 South MacArthur Boulevard, Oklahoma City, Oklahoma 73125, shall be the entry point at which information required for registration in respect of airframes or helicopters pertaining to civil aircraft of the United States or aircraft to become a civil aircraft of the United States shall be transmitted, and in respect of aircraft engines may be transmitted, to the International Registry; and

    • (ii) the requirements of chapter 441 of title 49, United States Code, and part 49 of title 14, Code of Federal Regulations, shall be fully complied with before such information is transmitted at the Federal Aviation Administration to the International Registry.

  • B) For purposes of the designation in subparagraph (A) (i) and the requirements in subparagraph (A) (ii), information is transmitted at the Federal Aviation Administration in accordance with procedures established under United States law.

  • C) In this paragraph, the term “civil aircraft of the United States” has the meaning given that term in section 40102(17) of title 49, United States Code.

Zuid-Afrika, 18 januari 2007

• (i) Form No.19 (opt-in declaration Under Article XXX(1) in respect of Article VIII)

  The Republic of South Africa declares that it will apply Article VIII.

• (ii) Form No. 21 (opt-in declaration XXX(2) in respect of Article X providing for the application of the entirety of the latter)

  The Republic of South Africa declares that it will apply Article X in its entirety and that the number of working days to be used for the purposes of the time limit laid down in Article X(2) shall be, in respect of the remedies specified in Articles 13(1)(a), (b) and (c) of the Convention (preservation of the aircraft objects and their value; possession, control or custody of the aircraft objects; and immobilization of the aircraft objects), not more than ten (10) calendar days and, in respect of the remedies specified in Articles 13(1)(d)-(e) of the Convention (lease or management of the aircraft objects and the income thereof and sale and application of proceeds from the aircraft equipment), not more than thirty (30) calendar days.

• (iii) Form No. 23 (general opt-in declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)

  The Republic of South Africa declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.

• (iv) Form No. 26 (opt-in declaration under Article XXX(1) in respect of Article XII)

  The Republic of South Africa declares that it will apply Article XII.

• (v) Form No. 27 (opt-in declaration under Article XXX(1) in respect of Article XIII)

  The Republic of South Africa declares that it will apply Article XIII.

G. INWERKINGTREDING

Zie Trb. 2009, 86 en Trb. 2010, 205.

Wat betreft het Koninkrijk der Nederlanden, geldt het Verdrag en het Protocol, met Bijlage, die vanaf 1 september 2010 alleen voor de Nederlandse Antillen en Aruba golden, vanaf 10 oktober 2010 voor Nederland (het Caribische deel), Aruba, Curaçao en Sint Maarten.

J. VERWIJZINGEN

Zie Trb. 2009, 86.

Verdrag

Titel	:	Verdrag van de Verenigde Naties inzake de cessie van vorderingen in de internationale handel; New York, 12 december 2001
Tekst	:	http://treaties.un.org/doc/Treaties/2001/12/20011212%2001-35%20PM/Ch_X_17p.pdf

Protocol

Zie Trb. 2009, 86.

Titel	:	Verdrag inzake de internationale burgerluchtvaart; Chicago, 7 december 1944
Laatste Trb.	:	Trb. 2012, 126

Uitgegeven de negenentwintigste november 2013.

De Minister van Buitenlandse Zaken, F.C.G.M. TIMMERMANS