cape town convention on international interests in mobile ... summary chart - final draft.pdf ·...

LON30142677/91

Cape Town Convention on International Interests in Mobile

Equipment and its Aircraft Protocol

Summary of National Implementation

February 2015

This summary is based on information made available to the Aviation Working Group by

counsel in ratifying countries. No responsibility, duty, or liability is accepted by the Aviation

Working Group (or any of its members or its legal counsel) or any such counsel to any person

regarding this summary or the information provided herein or omitted, which may contain

errors. No person is permitted to rely on any part of this document. Instead, parties should

retain their own counsel.

This summary is based on legal elements rather than actual practice, i.e. the summary indicates

the legal rule and not whether the relevant institutions (courts and civil aviation authorities) in a

country have enforced or will enforce that rule. The latter is a matter of compliance with the

Cape Town Convention, which is outside the scope of this summary.

This summary will be updated from time to time based on a review of further information

received from counsel in ratifying countries, the provision of which is encouraged. The relevant

date of each country’s update, since 18 October 2013, is set out in the summary chart itself.

Cape Town Convention and its Aircraft Protocol – Summary of National Implementation

Introduction

AWG has undertaken a project to summarise the implementation of the Convention on International Interests in Mobile Equipment (the Convention)

and its Aircraft Protocol (the Protocol) in countries that have ratified or acceded to these instruments (together, the Treaty).

The approach is to summarise whether such countries have effectively implemented the Treaty. By ‘effective implementation’, AWG means that:

(i) a strong, commercially oriented set of declarations were made by a country when ratifying or acceding to the Treaty, and

(ii) the Treaty has force of law, and to the extent of any conflict, prevails over other law, in that country.

As an objective proxy for whether such declarations were made, we summarise whether a country made the ‘Qualifying Declarations’, as set out in

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the OECD Sector Understanding on Export Credits for Civil Aircraft (2011) (hereinafter referred to as the ‘ASU’).

AWG contacted local lawyers and asked them to complete an implementation questionnaire, and if applicable, an IDERA questionnaire. AWG has

undertaken not to disclose the identities of local lawyers that have provided responses to these questionnaires.

Some of the information contained in this Summary Chart is sourced directly from the OECD and UNIDROIT websites. While other information

consists of assessments made by AWG on the basis of input provided by local lawyers, AWG is not expressing a view on the accuracy of the input, and, thus, the resulting assessment. See the disclaimer box on the covering page to this document.

Methodology

This Summary Chart includes all countries that have ratified or acceded to the Treaty and lists them alphabetically. Countries that have ratified or

acceded to the Convention but not to the Protocol are not included. Content is organised into seven columns:

Column 1: lists the ratifying/acceding country and the date the Treaty entered into force in that country. This information is from the UNIDROIT

website (www.unidroit.org).

Column 2: indicates whether a country is on the official OECD list, having the effect of eligibility for the Cape Town Discount pursuant to the terms

of the ASU (the Cape Town Discount). This column contains four possible responses:

‘Yes’ (the country is on the OECD list (http://www.oecd.org/tad/exportcredits/ctc.htm); only borrowers in such countries are currently

eligible for a Cape Town Discount);

‘No’ (based on information in columns 3 and 4, the country does not appear to have satisfied the requirements for a Cape Town Discount). A

country is in this category if (i) it did not make one or more of the required declarations, (ii) it has made a declaration prohibited by Article 3 of Annex I of Appendix II to the ASU, and/or (iii) the Treaty does not prevail over any conflicting law;

‘Not yet considered by OECD’ (based on information in columns 3 and 4, the country appears to satisfy the requirements for a Cape Town Discount but is not as of this date on the OECD list); or

‘Inconclusive’ (columns 3 and/or 4 do not contain sufficient information to generate a response).

Column 3: addresses whether the Qualifying Declarations have been made by that country. Where a country has not made one or more required

declarations or has made a declaration prohibited by Article 3 of Annex I of Appendix II to the ASU, such information is underlined and in bold.

Information in this column is based on the declarations listed (but not assessed) on the UNIDROIT website.

Column 4: indicates whether, in the view of local lawyers, the Treaty prevails over any conflicting law of the relevant country. This column contains

three possible responses:

‘Yes’ (the Treaty conclusively prevails over conflicting national laws);

‘No’ (the Treaty does not prevail over one or more national laws); or

‘Inconclusive’ (the responses received from local lawyers are not aligned, do not conclusively state whether the Treaty is prevailing law, or

we have not received any responses from local lawyers in such country).

The above summary is based on legal elements rather than actual practice, i.e. the summary indicates the legal rule and not whether the relevant institutions (courts and civil aviation authorities) in a country have enforced or will enforce the rule. The latter is a matter of compliance with the

Treaty, which is outside the scope of this summary.

Where possible, the AWG has attempted to short-hand the legal reasoning underlying a ‘Yes’ finding. It has done so by use of these references:

‘Express Legislation’ (the Treaty prevails by virtue of express wording in legislation or a decree);

‘Lex Specialis’ (the Treaty prevails since it is more specific than otherwise applicable, conflicting general legal rules);

‘Lex Posteriori’ (the Treaty prevails since it is latter in time than otherwise applicable, conflicting general legal rules);

‘Higher Legal Norm’ (the Treaty is a higher legal norm and prevails over otherwise conflicting domestic legal rules, whether through

constitutional or similar provisions, or judicial decisions).

Please note that in most countries all law, including treaty-based law, is subject to constitutional requirements and limitations. We have not

identified such requirements or limitations as problems unless they have been so identified by local counsel as an impediment to the enforceability of Treaty rights or remedies. Further views of local counsel should be sought on this matter.

Column 5: indicates how the Treaty has been implemented into national law. This is essentially a procedural matter, with further details provided to

the extent there have been problems or procedural issues. We have included hyperlinks from the national laws to the extent that they are available. These will be in the local language unless specified otherwise.

Column 6: if a country has made the requisite declaration under Article XIII of the Protocol, this column states ‘Yes’. If a country has not made the relevant declaration, the column entry states ‘No’.

Column 7: includes (a) additional information that requires a note, affecting the content of the other columns, (b) additional information that does not

strictly fall into any of the other columns and in some cases includes updates in relation to the other columns, and (c) indicates whether no or only

one set of local counsel have replied to the implementation questionnaire, thereby further limiting the reliability (and in the case of no response,

scope) of the information in respect of such country.

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Definitions

ASU means the Sector Understanding on Export Credits for Civil Aircraft which entered into force on 1 February 2011;

AWG means the Aviation Working Group;

Brussels I Regulation means Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

Convention means the Convention on International Interests in Mobile Equipment which entered into force on 1 April 2004;

EU means the European Union;

IDERA Questionnaire means the questionnaire that was prepared by the AWG and sent to local lawyers in countries that have made the declaration under Article XIII of the Protocol;

Implementation Questionnaire means the questionnaire that was prepared by the AWG and sent to local lawyers in countries that have ratified or acceded to the Treaty;

Protocol means the Protocol to the Convention on Matters Specific to Aircraft Equipment which entered into force on 1 March 2006;

Qualifying Declarations means the declarations set out in Annex I of Appendix III to the ASU;

Rome I Regulation means EC Regulation 593/2008 on the Law Applicable to Contractual Obligations;

Treaty means the Convention and Protocol together; and

UNIDROIT Summary Report means the summary report prepared by the UNIDROIT Secretariat in June 2010 in respect of the seminar held in

Rome on 26 November 2009 entitled ‘The European Community and the Cape Town Convention’.

Notes on European Qualifying Declarations and implementation in light of the EU rules

In the chart below, please refer to the following notes where indicated by annotation:

The internal arrangements of the EU and the declarations made by the EU under the Protocol prohibit its member states from making a declaration

under Protocol Article VIII. However, for the purposes of the ASU and the Qualifying Declarations made thereunder, the terms of the Rome I Regulation are considered (and agreed by the ASU participants) to be ‘substantially similar’ to Protocol Article VIII, the applicable standard as

set out in Article 4 of Annex I of Appendix III to the ASU. See guidance given in Annex III of the UNIDROIT Summary Report.

The internal arrangements of the EU and the declarations made by the EU under the Protocol prohibit its member states from making a declaration

under Protocol Article XI. However, an EU member state may amend its national law to reflect the terms of Protocol Article XI, the applicable standard (Alterative A with a maximum 60 calendar day waiting period) under Article 4 of Annex I of Appendix III to the ASU. See guidance

given in Annex III of the UNIDROIT Summary Report.

The internal arrangements of the EU and the declarations made by the EU under the Treaty prohibit its member states from making a declaration under Convention Article 13 and Protocol Article X. However, an EU member state may amend its national law such that together with EU law (the

Brussels I Regulation), it is ‘substantially similar’ to Protocol Article X, the applicable standard under Article 4 of Annex I of Appendix III to the

ASU. See guidance given in Annex III of the UNIDROIT Summary Report.

LON30142677/91

CONTENTS

CLAUSE PAGE

Afghanistan ................................................................................................................................................................................... 5

Albania .......................................................................................................................................................................................... 5

Angola ........................................................................................................................................................................................... 5

Bahrain .......................................................................................................................................................................................... 6

Bangladesh .................................................................................................................................................................................... 6

Belarus .......................................................................................................................................................................................... 6

Brazil ............................................................................................................................................................................................. 7

Cameroon ...................................................................................................................................................................................... 7

Canada ........................................................................................................................................................................................... 7

Cape Verde .................................................................................................................................................................................... 8

China ............................................................................................................................................................................................. 8

Colombia ....................................................................................................................................................................................... 9

Congo ............................................................................................................................................................................................ 9

Cuba .............................................................................................................................................................................................. 9

Ethiopia ....................................................................................................................................................................................... 10

Fiji ............................................................................................................................................................................................... 10

India ............................................................................................................................................................................................ 10

Indonesia ..................................................................................................................................................................................... 11

Ireland ......................................................................................................................................................................................... 12

Jordan .......................................................................................................................................................................................... 12

Kazakhstan .................................................................................................................................................................................. 12

Kenya .......................................................................................................................................................................................... 13

Kuwait ......................................................................................................................................................................................... 13

Latvia .......................................................................................................................................................................................... 13

Luxembourg ................................................................................................................................................................................ 14

Madagascar .................................................................................................................................................................................. 14

Malaysia ...................................................................................................................................................................................... 14

Malta ........................................................................................................................................................................................... 15

Mexico ........................................................................................................................................................................................ 15

Mongolia ..................................................................................................................................................................................... 15

Mozambique ................................................................................................................................................................................ 16

Myanmar ..................................................................................................................................................................................... 16

Kingdom of the Netherlands (only for Aruba, Curacao, Sint Maarten, Bonaire, Sint Eustatius and Saba (the latter three

being the Caribbean Netherlands) ............................................................................................................................................... 16

New Zealand................................................................................................................................................................................ 17

Nigeria ......................................................................................................................................................................................... 17

Norway ........................................................................................................................................................................................ 18

Oman ........................................................................................................................................................................................... 18

Pakistan ....................................................................................................................................................................................... 18

Panama ........................................................................................................................................................................................ 19

Russian Federation....................................................................................................................................................................... 19

Rwanda........................................................................................................................................................................................ 20

San Marino .................................................................................................................................................................................. 20

Saudi Arabia ................................................................................................................................................................................ 20

Senegal ........................................................................................................................................................................................ 21

Singapore..................................................................................................................................................................................... 21

South Africa ................................................................................................................................................................................ 21

Tajikistan ..................................................................................................................................................................................... 22

Togo ............................................................................................................................................................................................ 22

Turkey ......................................................................................................................................................................................... 22

Ukraine ........................................................................................................................................................................................ 23

United Arab Emirates .................................................................................................................................................................. 23

United Republic of Tanzania ........................................................................................................................................................ 23

United States of America ............................................................................................................................................................. 24

Vietnam ....................................................................................................................................................................................... 24

Country

Date of

ratification/accession

Date of entry into force

of the Cape Town Convention

2.

Eligibility

for the Cape

Town

discount

(please visit http://www.oec

d.org/tad/exportcredits/ctc.htm for the

official

OECD list)

3. Did the country make

Qualifying Declarations under

the ASU?

(please visit http://www.unidroit.org/deposit

ary-2001capetown?id=431 for

list of declarations under the

Cape Town Convention and http://www.unidroit.org/deposit

ary-2001capetown-

aircraft?id=1558 for list of

declarations under the

Protocol – note however that

UNIDROIT does not express

any view on whether a state

has made all qualifying

declarations)

4. Does the Treaty

take priority over

conflicting national

law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Afghanistan

Date of accession: 25 July 2006

Date of entry into force:

1 November 2006

This summary was last

updated or confirmed as

of: 12 October 2014

No Yes

Protocol Article VIII (made)

Protocol Article XI (made) – Alt

A – 60 calendar days

Protocol Article XIII (made)

Convention Article 54(2) – non

judicial remedies permitted

Protocol Art X (made) - 10/30

calendar days

Made no declarations prohibited

under Article 3 of Annex I of

Appendix II to the ASU

No

Absent an express provision stating

otherwise, an

international treaty will

not prevail over

national law in

Afghanistan. No such

express provision has

been effected in respect

of the Treaty.

The Law of Civil

Aviation of Afghanistan 2003 (the

Civil Aviation Law)

setting out rules in

respect of civil aviation

and air transport will

prevail over the Treaty.

The Treaty was

signed by Afghanistan and

ratified on 25 July

2006. Pursuant to

Article 7 of the

Constitution of

Afghanistan (the

Constitution), the

government is under

obligation to abide

by treaties and

conventions signed by Afghanistan.

http://www.afghan-

web.com/politics/cu

rrent_constitution.ht

ml (English)

Yes Response received from

one counsel.

There is a tension/

inconsistency between

the information set out

in column 4 (national

law prevails) and

column 5 (requirement

to abide by the Treaty).

Albania

Date of accession:

30 October 2007


1 February 2008



of: 25 April 2014

No

No


Protocol Article XI (not made)




Protocol Art X (not made)




Yes

Higher Legal Norm

Pursuant to Article

122/2 of the Albanian

Constitution, a ratified

international agreement

prevails over any conflicting national

law.

http://www.ipls.org/ser

vices/kusht/cp7.html#p

7c2 (English)

The Treaty was

ratified in Albania

through Law No.

9551 dated 5 June

2006 (‘Law on the

adhesion of the

Republic of Albania in the Convention

on the international

interest in mobile

equipment and its

protocol’), which

took effect on 1

February 2008.

http://qbz.gov.al:81/

doc.jsp?doc=docs/Li

gj%20Nr%209551%

20Dat%C3%AB%2

005-06-2006.htm

Yes

Angola

Date of accession:

30 April 2006


1 August 2006



of: 18 October 2013

Yes

Yes








days




Inconclusive

See column 7

Inconclusive

See column 7

Yes No replies to date.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount

(please visit http://www.oecd.org/tad/exportcredits/ctc.htm for the

official

OECD list)



the ASU?



list of declarations under the Cape Town Convention and http://www.unidroit.org/deposit

ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Bahrain

Date of accession:

27 November 2012


1 March 2013



of: 22 January 2015

No No

Protocol Article VIII (not made)


Protocol Article XIII (not made)







Yes

Lex Specialis

Article 2(2) of the Commercial Law

(Decree Law No.

7/2987) provides that

specific law takes

precedence over

general law.

The Cape Town

Convention was

ratified by a Decree (i.e. a statute), Law

No. 11/2011 and

thus became part of

Bahrain law.

No

Response received from

one counsel.

Bangladesh

Date of accession:

15 December 2008


1 April 2009



of: 31 May 2014

Inconclusive Yes





Convention Article 54(2) – non judicial remedies permitted


calendar days




Inconclusive

Principles of Lex

Specialis and Lex

Posteriori apply,

subject to column 5.

The Treaty was

signed and ratified

by the executive.

Article 145A of the

Constitution of

Bangladesh requires that, prior to

ratification by the

executive, a

treaty must be laid

before Parliament

for discussion. It

remains unclear

whether Parliament

has discussed the

Treaty, and whether

the Treaty therefore has force of law in

Bangladesh.

http://bdlaws.minla

w.gov.bd/sections_d

etail.php?id=367&se

ctions_id=24710


one counsel.

Belarus

Date of accession:

28 June 2011

Date of entry into force: 1 October 2011



of: 23 April 2014

No No









Yes

Higher Legal Norm

Article 8 of the

Constitution of 1994,

as amended on 24 November 1996 and 17

October 2004, provides

that international

treaties which have

entered into force in

Belarus have priority

over national laws.

http://law.by/main.aspx

?guid=3871&p0=V194

02875e

http://www.pravo.by/main.aspx?guid=3871&p

0=H11100255&p2={N

RPA}

The Treaty has

force of law in

Belarus on the basis

of the accession law

no. 255-Z, dated 8 May 2011 (the

Law).

No.


one counsel.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Brazil

Date of accession:

30 November 2011


1 March 2012



of: 30 January 2015

Not yet

considered

by OECD

See column 7

Yes


Protocol Article XI (made) – Alt A – 30 calendar days


Convention Article 54(2) –

leave of court required (except

re Protocol Article XIII)


calendar days




Yes

Lex Specialis

Lex Posteriori

The Treaty has been

implemented, and

thus has force of law in Brazil, by virtue

of the

Presidential Decree

(number 8008),

published on 16

May 2013.

http://www.planalto.

gov.br/ccivil_03/_At

o2011-

2014/2013/Decreto/D8008.htm

Yes

According to ANAC

Resolution 309/201 the

Treaty entered into force in Brazil on 15

May 2013, and,

accordingly, interests

arising prior thereto are

not subject to the

Treaty. IDERAs related

to any such interests are

not eligible for

recordation with the

Brazilian Aeronautical

Registry.

There is some legal

uncertainty regarding

registration of

international interests

arising from operating

leases, given the

Brazilian Portuguese

term used in ANAC

Resolution 309/2014,

though such

registrations are being

accepted.

Cameroon

Date of accession:

19 April 2011


1 August 2011



of: 17 September 2014

No No










Yes

Higher Legal Norm

Article 45 of the

Cameroonian

Constitution provides

that ratified treaties are

superior to national

law.

http://confinder.richmo

nd.edu/admin/docs/Ca

meroon.pdf (English)

The Treaty has force of law in Cameroon

by virtue of its

ratification pursuant

to the Cameroonian

Constitution, laws

Nº 2010-008 and

2010-009 dated

29 July 2010

authorising the

President of the

Republic to ratify

the Treaty.

No

Canada

Date of ratification:

21 December 2012


1 April 2013



of: 5 January 2015

Yes

Yes








calendar days




Yes

Express Legislation

Lex Specialis (for

Quebec only)

The Federal CTC Act

specifically provides

that, subject to certain

exceptions (see column

7), the Federal CTC

Act prevails over any

inconsistent law to the

extent of the

inconsistency.

All of the provincial

implementing statutes

in Canada’s common law provinces contain

express primacy

provisions without any

exceptions. In Quebec,

a civil law jurisdiction,

specific law takes

priority over general

The Treaty has force

of law in Canada on

a federal level

pursuant to the implementing

legislation, which

together with

legislation passed in

2005, received

Royal Assent on 14

December 2012 (the

Federal CTC Act).


of law in all of

Canada’s 13

provinces and territories pursuant

to implementing

legislation passed

since 2004.

Yes The Treaty primacy

clause is subject to a

few narrow 'public law'

exceptions which, individually and

collectively, do not

present an impediment

to enforceability of

Treaty rights and

remedies in customary

aircraft financing

transactions.

The Federal

Government of Canada

must now submit

updated declarations to reflect the

implementation of the

Treaty in the province

of New Brunswick.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

law.

Cape Verde

Date of accession:

26 September 2007


1 January 2008

This summary was last updated or confirmed as

of: 8 July 2014

Not yet

considered

by OECD

See column 7

Yes







Protocol Art X (made) - 10/30 calendar days




Yes

Higher Legal Norm

Article 12º, nr 2 and 4,

of the Constitution of

Cape Verde provides

that ratified treaties are

superior to national

law.

See column 7


of law in Cape

Verde. It has been

ratified through

Decrees 4/2007 and

5/2007 by the

Government of Cape

Verde and published in the Official

Journal no. 17 of 7

May 2007, and

published by the

Official Journal no.

25 of 9 July 2007.

http://www.aac.cv/i

mages/PDF/legisla%

C3%A7%C3%A3o_

e_regulamenta%C3

%A7%C3%A3o/Aer

onaves/Decreto%204-

07%20Conven%C3

%A7%C3%A3o%2

0Garantias%20Int.p

df

http://www.mirandal

awfirm.com/uploade

dfiles/39/03/000033

9.pdf (English)

Yes

Certain rules introduced

to implement the Treaty

may need to be

approved by a specific

act of the government.

China


3 February 2009


1 June 2009



of: 3 May 2014

No

See column 7

No





leave of court required


calendar days

Made a prohibited declaration


Appendix II to the ASU in

respect of Convention Article

54(1)

see column 7

Yes

Higher Legal Norm

Pursuant to Article 142(2) of the General

Principles of Civil Law

of the People’s

Republic of China, the

provisions of an

international treaty to

which China is a party

will prevail over any

inconsistent provision

of national law.

http://www.npc.gov.cn/englishnpc/Law/2007-

12/12/content_1383941

.htm (English)

The Treaty was

ratified at the 5th

Session of the Standing Committee

of the Eleventh

National People’s

Congress on 28

October 2008 and

came into effect in

China on 1 June

2009.

Yes


one counsel.

AWG has requested that Article 3(c) of

Annex 1 be deleted as a

qualifying declaration

on the basis that lease

as a remedy does not

materially reduce risk

and on the basis that

most financial

institutions do not view

the remedy of a lease as

material to its risk calculations.

The Treaty was ratified

and is in force for

mainland China but not

for Hong Kong and

Macau.

The CAAC is currently

not recording IDERAs

and certain related

interests in transactions

involving non-commercial aircraft and

local creditors.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Colombia

Date of accession:

19 February 2007


1 June 2007



of: 10 April 2014

No No


Protocol Article XI (made) – Alt A – 60 days




Protocol Art X (made) - 30 days




http://web.presidencia.gov.co/de

cretoslinea/2007/diciembre/06/dec473406122007.pdf

Yes

Lex Specialis

Lex Posteriori

See column 7

As required by the

Colombian

Constitution, the Treaty was: (i)

passed by the

Colombian

Congress (Law 967

of 2005); and (ii)

reviewed by the

Constitutional Court

(judgment C-276 of

2006 - which

requested the

Colombian Government to

make certain

declarations so that

adoption of the

Treaty does not

violate the

Constitution.

http://www.cortecon

stitucional.gov.co/re

latoria/2006/c-276-

06.htm

No

Regulation may be

needed to effect the

non–IDERA deregistration export

and remedies.

Congo

Date of ratification: 25 January 2013


1 May 2013



of: 22 October 2014

No No




Convention Article 54(2) – non-



[Made no declarations

prohibited under Article 3 of

Annex I of Appendix II to the

ASU]

Yes

Higher Legal Norm

Article 184 of the

Congolese Constitution

provides that all

international treaties

ratified by the Republic

of Congo are superior

to domestic laws,

provided there is treaty

compliance by other

state parties to it.

http://www.presidence.

cg/files/my_files/constit200102.pdf

Inconclusive No


one counsel.

Cuba


28 January 2009


1 May 2009



of: 18 October 2013

No No





leave of Tribunal required





Inconclusive

See column 7

Inconclusive

See column 7

No

No replies to date

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Ethiopia


21 November 2003


1 March 2006



of: 10 October 2014

Yes Yes


Protocol Article XI (made) – Alt A – 30 working days




Protocol Art X (made) – 5/20

working days




Yes

Higher Legal Norm

Article 9(4) of the Ethiopian Constitution


of law pursuant to

its ratification by Ethiopia, and article

9(4) of the Ethiopian

Constitution

provides that all


ratified by Ethiopia

are an integral part

of law of Ethiopia.

Ethiopian

Constitution:

http://www.servat.unibe.ch/icl/et00000_

.html (English)

Yes


one counsel.

Fiji

Date of accession:

5 September 2011


1 January 2012



of: 4 May 2014

Yes Yes








calendar days




Yes

Express Legislation

The Decree states in

section 9 that in the event of any


the Decree and any

other law, the

provisions of the

Decree prevail to the

extent of the

inconsistency.


of law pursuant to

The Civil Aviation

(Convention on International

Interests in Mobile

Equipment) Decree

2012, dated 8

August 2012 (the

Decree).

http://www.fiji.gov.f

j/getattachment/07df

a5a9-b912-45e9-

ad81-

5b4065ab9e2b/Decree-No-59_2012---

Civil-Aviation-

(Convention-on-

.aspx (English)

Yes


one counsel.

India

Date of accession:

31 March 2008


1 July 2008


updated or confirmed as of: 13 January 2015

No Yes



A – 2 calendar months





working days




http://www.unidroit.org/status-

2001capetown?id=468

(English)

No

In the event of a direct

conflict between an

international treaty and

Indian national law,

Indian national law

would prevail.

There are differing

views on the extent of such conflict given the

judicial technique of

seeking conflict

avoidance.

In accordance with

Articles 51, 53, 73,

253 and paragraph 1

of Article 246 of the

Indian Constitution,

the Treaty has force

of law in India

following the

effective date of India’s accession.

http://lawmin.nic.in/

olwing/coi/coi-

english/coi-

indexenglish.htm

(English)

Yes

Actions taken in one or

more transactions raise

questions of compliance

with the Treaty.

AWG, with the Indian

airlines, is consulting

with the Indian

government in

connection with, inter

alia, its policy relating

to implementation of

and compliance with,

the Treaty.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Indonesia

Date of accession:

16 March 2007


1 July 2007



of: 25 April 2014

Yes Yes







calendar days




Yes

Express Legislation

Lex Specialis

Article 82 of the New

Aviation Law (as

defined in column 5)

states that the Treaty

shall prevail over any


of national law.

The Treaty was

ratified pursuant to a

Presidential Regulation No. 8 of

2007 (the

Presidential Regulation).

http://www.setneg.g

o.id//components/co

m_perundangan/doc

viewer.php?id=1538

&filename=Peratura

n_Presiden_no_8_th_2007.pdf

On January 12 2009,

Indonesia

promulgated Law

No. 1 of 2009

regarding Aviation

(the Aviation Law).

http://www.google.c

om.au/url?sa=t&rct=

j&q=&esrc=s&frm=

1&source=web&cd=1&ved=0CCoQFj

AA&url=http%3A%

2F%2Fhubud.dephu

b.go.id%2F%3Fid%

2Fuu%2Fdownload

%2F5&ei=U8tLU8b

BFciSkgWiqIGQDg

&usg=AFQjCNHBu

YMNbQPu8452xr4

mWxvOddvKZQ&b

vm=bv.64542518,d.dGI - in Bahasa

(Indonesian

language). Note that

no official English

language translation

is available.

See column 7

Yes

The Aviation Law

supplemented the

Presidential Regulation which effected the

ratification of the

Treaty in order to

ensure that the Treaty

has priority over

national law.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Ireland

Date of accession:

29 July 2005


1 March 2006




No No


Protocol Article XI (not made) – national law not amended to

reflect the terms of declaration




Protocol Art X (partially made

and not requiring 10/30 calendar

days)




See column 7

Yes

Express Legislation

The International

Interests in Mobile

Equipment (Cape Town Convention)

Act 2005 (the

Convention Act)

gave the Treaty

force of law in

Ireland.

http://cdm15895.con

tentdm.oclc.org/cdm

/singleitem/collectio

n/p15895coll3/id/71/

rec/2 (English)

Yes

Ireland will implement

Alternative A through

national law pursuant to the State Airports

(Shannon Group) Act

2014 (the 2014 Act)

which was signed into

law on 24 July 2014.

http://www.irishstatuteb

ook.ie/pdf/2014/en.act.

2014.0027.pdf

(English)

Upon issuance of a

ministerial order,

the entirety of

Alternative A in Article

XI of the Aircraft

Protocol will have the

force of national law in

Ireland and be applied

to insolvency

proceedings.

Prior to such order, current Irish national

insolvency law will

continue to apply.

Jordan


31 August 2010


1 December 2010



of: 4 May 2014

Not yet

considered

by OECD

Yes








calendar days

Made no declarations prohibited under Article 3 of Annex I of


Yes

Higher Legal Norm

Primacy of the Treaty

arising through a line

of cases, e.g. Case

number 2007/2353,

issued on 8 April 2008

by the Court of

Cassation.


of law in Jordan

pursuant to

ratification through

the Royal Decree of

the King of Jordan,

which approved the

Council of

Ministers’ Decision

No. 4088 dated 24 April 2007.

Yes


one counsel.

Kazakhstan

Date of accession:

21 January 2009


1 October 2011



of: 24 June 2014

Yes Yes








calendar days


under Article 3 of Annex I of Appendix II to the ASU.

Yes

Higher Legal Norm

Article 4.3 of the

Constitution of the

Republic of

Kazakhstan provides

that ratified


prevail over any

inconsistent national

law.

http://online.zakon.kz/

Document/?doc_id=10

05029


of law in

Kazakhstan by

virtue of ratification

through the Law of

Republic of

Kazakhstan No. 29-

V 3PK dated 5 July

2012 (the Law).

http://online.zakon.k

z/Document/?doc_id=31221823

http://webcache.goo

gleusercontent.com/

search?q=cache:P3t

NTiuR7pYJ:www.kl

uwerlawonline.com/

AILA2014001+&cd

=1&hl=en&ct=clnk

Yes

The Law has

retrospective effect and

is effective since 25

March 2008.

Kazakhstan revised

their declarations to

permit non-judicial

remedies.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

&gl=uk (English)

Translated from

Russian; original text http://adilet.zan.kz/rus/docs/Z1200000029.

Kenya


13 October 2006

Date of entry into force: 1 February 2007



of: 5 May 2014

Yes

Yes








calendar days

Protocol Art XIII

(made)




http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid

=NO.%2027%20OF%202013

(English)

Yes

Express Legislation

Section 5 of the

International Interests

in Aircraft Equipment Act (the Act) provides

that the Act shall

prevail in case of any


it and any other law

with respect to

international interests

in aircraft objects.

See column 7

The Treaty was

ratified by the

Government of

Kenya on 2 October

2006. The International

Interests in Aircraft

Act (the Act) was

passed and has been

in effect since 9

March 2013. Article

2(6) of the

Constitution of

Kenya (2010)

provides that ratified

international treaties shall constitute part

of domestic law.

https://www.kenyae

mbassy.com/pdfs/Th

e%20Constitution%

20of%20Kenya.pdf

(English)

Yes

The Act passed after

ratification of the

Treaty by Kenya

ensures that the Treaty

has priority over national law. However,

it remains uncertain

whether the Treaty has

the prevailing force of

law for transactions

which closed between 1

February 2007 and 9

March 2013 due to lack

of domestic legislation

during that period.

Kuwait


31 October 2013


1 February 2014



of: 1 February 2015

No No

Protocol Article VIII – (not

made)

Protocol Article XI – (not made)

Protocol Article XIII – (not

made)


judicial remedies not permitted

Protocol Article X – (not made)



Yes

Express Legislation


of law in Kuwait by

virtue of law no.

29/2013 published

in the official

gazette on May, 2013.

Pursuant to Article

70 of the Kuwait

Constitution, a

treaty shall have

force of law after

publication in the

official gazette.

http://portal.media.g

ov.kw:10002/Kuwai

t-El-Youm/SitePages/Ma

ster_MoreDetailsPa

ge.aspx?IDAdv=282

57&AdverSearchTy

pe=2

Yes

Latvia

Date of accession:

8 February 2011


1 June 2011


of: 6 November 2014

No No

Protocol Article VIII – (not

made)

Protocol Article XI – (not made)

Protocol Article XIII – (not

made)


Yes

Higher Legal Norm

Section 13 of the

National Law ‘On

International Treaties

of the Republic of

Latvia’ provides that

international treaties approved by Parliament

rank in priority to other


of law in Latvia

pursuant to the

National Law ‘On

Convention on

International

Interests in Mobile

Equipment and Protocol to the

Convention in

International

Interests in Mobile

No

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments


Protocol Article X – (not made)



national laws.

http://likumi.lv/doc.php

?id=57840

Equipment on

Matters Specific to

Aircraft Equipment’ (the Convention

Law) adopted by

Parliament in

December 2010.

http://likumi.lv/doc.

php?id=223914

Luxembourg

Date of accession:

27 June 2008


1 October 2008



of: 7 May 2014

Yes Yes



A – 60 days





days




Yes

Express Legislation

Higher Legal Norm

Article 49 (b) of the

Luxembourg

Constitution of 17

October 1868, as amended, provides that

any adopted

international laws or

conventions supersede

any Luxembourg law,

decree or regulation.

http://www.legilux.pub

lic.lu/leg/textescoordon

nes/recueils/constitutio

n_droits_de_lhomme/C

ONST1.pdf


of law in

Luxembourg

following its

ratification by a law

on 28 May 2008.

http://www.legilux.public.lu/leg/a/archiv

es/2008/0078/a078.p

df#page=2

http://eli.legilux.pub

lic.lu/eli/etat/leg/loi/

2008/05/28/n1

Yes


one counsel.

Madagascar

Date of accession: 10 April 2013


1 August 2013



of: 30 January 2015

Not yet

considered by the

OECD

Yes



A – 60 days





days




Yes

Article 137, paragraph

4 of Malagasy


that ratified treaties

rank in priority to

national law.

Inconclusive Yes Response received from

one counsel.

Malaysia

Date of accession:

2 November 2005


1 March 2006



of: 20 January 2015

Yes

http://www.o

ecd.org/tad/xcred/ctc.htm

(English)

Yes







working days





2001capetown-aircraft?id=1596 (English)

Yes

Express Legislation

Section 7(2) of the Act states that if any

conflict or

inconsistency arises

between the provisions

of the Act and other

national law in respect

of matters governed by

the Treaty then the

provisions of the Act

shall prevail to the

extent of the conflict or inconsistency.

http://www.agc.gov.my

/Akta/Vol.%2014/Act


of law in Malaysia

pursuant to section 2 of the International

Interests in Mobile

Equipment

(Aircraft) Act 2006

(the Act).

http://www.agc.gov.

my/Akta/Vol.%2014

/Act%20659.pdf

(English)

Yes

Legislation relating to

the restructuring of

Malaysian Airline System Berhad (MAS)

will enter into force in

early 2015. The means

by which this

legislation will be

implemented, and the

consequences including

on the primacy of the

Treaty over such

legislation, are not yet

known.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

%20659.pdf (English)

See column 7

Malta

Date of accession: 1 October 2010


1 February 2011



of: 14 April 2014

Not yet

considered by OECD

Yes

Protocol Article VIII∗ (not made as not permissible – but

the terms of the Rome I Regulation are considered (and

agreed by the ASU participants

to be) ‘substantially similar’)

Protocol Article XI∗ ∗ (not made as not permissible – but

national law as implemented

reflects the terms of Alternative

A – 30 calendar days)




Protocol Art X∗ ∗ ∗ (not made as not permissible – but national

law as implemented reflects the

terms of declaration – 10/30

calendar days)




See column 7

Yes

Express Legislation

Article 46(2) of the

Aircraft Registration

Act provides that the

Treaty shall prevail

over any other law in

case of conflict.


of law in Malta pursuant to article

46 of the Aircraft

Registration Act,

2010, Chapter 503

(the Aircraft

Registration Act)

and was

implemented by

virtue of the First

Schedule to the

Aircraft Registration

Act.

http://www.justicese

rvices.gov.mt/Down

loadDocument.aspx

?app=lom&itemid=

11388 (English)

Yes

Malta’s implementing

national law (the Aircraft Registration

Act) is posted on the

UNIDROIT website.

The provisions relating

to (i) Article X of the

Protocol are reflected in

Article 20 of the First

Schedule to the Aircraft

Registration Act, and

(ii) Article XI of the

Protocol are reflected in

Article 23 of the First Schedule to the Aircraft

Registration Act.

Mexico

Date of accession:

31 July 2007


1 November 2007




No

No


Protocol Article XI – Alt B –

and further qualified








Yes

Higher Legal Norm

The Mexican Supreme

Court has interpreted

Article 133 of the

Mexican Constitution

to result in the primacy of treaties.

The Treaty was

approved by the

Mexican Senate and

entered into by the

President. Pursuant

to Article 133 of the

Mexican Constitution, the

Treaty thereby

forms part of the

supreme law of

Mexico.

http://info4.juridicas

.unam.mx/juslab/ley

lab/250/134.htm

No

Mexico is currently

considering modifying

its declarations.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Mongolia

Date of accession:

19 October 2006


1 February 2007



of: 14 May 2014

Yes

Yes







working days




See column 7

Yes

Higher Legal Norm

Article 2.2 of the Civil Code of Mongolia

provides that ratified


prevail over any


of the Civil Code.

http://www.wipo.int/wi

polex/en/text.jsp?file_i

d=183496 (English)

http://srd.mcaa.gov.mn/

images/ftp/upload/application/English%20-

%20CA%20Law_May

%202010.pdf (English)

The Treaty has been

acceded to by

Mongolian Parliament. Pursuant

to the Mongolian

Constitution, the

Treaty has force of

law in Mongolia and

is effective as

domestic legislation.

http://www.parliame

nt.mn/en/law/catego

ries/2541/pages/442

8 (English)

Yes

Mongolia is on the

OECD list

notwithstanding Protocol Article XI was

expressed in working

days and not calendar

days.


one counsel.

Mozambique

Date of accession: 18 July 2013


1 November 2013



of: 8 August 2014

Inconclusive Yes








days




Inconclusive

The Treaty has the same force as other

resolutions/regulations

approved by the

Council of Ministers

and shall prevail over

any conflicting

resolutions/regulations.

Under Article 18 of

the Mozambican Constitution, the

Treaty acquires

force of law in

Mozambique once

published in the

Official Government

Gazette (Boletim da

República).

http://www.wipo.int/

wipolex/en/text.jsp?

file_id=206607 (English)

Yes


one counsel.

Myanmar

Date of accession:

3 December 2012


1 April 2013




Not yet

considered

by OECD

Yes







calendar days




Yes

Express Legislation

Paragraph 11 of Chapter 2 of

Pyidaungsu Hluttaw

Law No. 37/2014 (the

Law) relating to the

international interest in

respect of aircraft

equipment provides

that the provisions of

the Treaty will prevail

over any provisions

which do not conform to it.

The Law relating to

the international

interest in respect of aircraft equipment

was passed on 1

August 2014.

Yes

Certain details of the

Law are being assessed.

Kingdom of the

Netherlands (for Aruba,

Curacao, Sint Maarten,

Bonaire, Sint Eustatius

and Saba (the latter

three being the

Caribbean Netherlands)

Date of accession:

17 May 2010

Date of entry into force: 1 September 2010 (for

No No







calendar days



Yes

Higher Legal Norm

The terms of the Treaty

will prevail over any

national law in Aruba,

Curacao, Sint Maarten,

and Bonaire and the

Caribbean Netherlands

in case of a conflict.

Article 5.1 of the Status

The Treaty was

ratified by the

Parliaments and

governments of all

territorial units of

the Kingdom of the

Netherlands and

applies in respect of

Aruba, Curacao,

Sint Maarten, and

Caribbean Netherlands, but not

European

Yes

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Aruba, Curacao, Sint

Maarten and the

Caribbean Netherlands) https://verdragenbank.ove

rheid.nl/nl/Verdrag/Detail

s/010297



of: 22 April 2014


https://zoek.officielebekendmak

ingen.nl/trb-2013-235.html?zoekcriteria=%3fzkt%

3dUitgebreid%26pst%3dTractat

enblad%26dpr%3dAlle%26spd

%3d20140424%26epd%3d2014

0424%26jgp%3d2013%26nrp%

3d235%26sdt%3dDatumTotstan

dkoming%26sysYear%3d%26s

ysNumber%3d%26sysSeqNum

ber%3d%26pnr%3d1%26rpp%

3d10&resultIndex=0&sorttype=

1&sortorder=4

of the Kingdom of the

Netherlands stipulates

that the legislative power concerning

‘Kingdom matters’ is

regulated in the

Constitution. Article 94

of the Constitution

states that the national

laws of the territorial

units of the Kingdom

are not applicable in

the event that they are

inconsistent with ratified international

conventions.

http://www.wipo.int/wi

polex/en/text.jsp?file_i

d=228263#LinkTarget

_1071 (English)

Netherlands.

Pursuant to Article

93 of the Constitution,

provisions of a

treaty which are

intended to be ‘self-

executing’ have

direct force in these

jurisdictions upon

being published.

http://www.wipo.int/

wipolex/en/text.jsp?

file_id=228263#LinkTarget_1071

(English)

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

New Zealand

Date of accession:

20 July 2010


1 November 2010



of: 23 April 2014

Yes Yes







Made a declaration prohibited




55 but not problematic since

also made a Qualifying Declaration under Convention

Article 54(2)

Yes

Express Legislation

Section 106 of the Civil Aviation Act 1990 (as

inserted by the Civil

Aviation (Cape Town

Convention and Other

Matters) Amendment

Act) 2010 provides that

the Treaty will prevail

over any other law in

New Zealand that

applies to a matter to

which the Treaty applies.

The Civil Aviation

(Cape Town

Convention and Other

Matters) Amendment

Act 2010 made a

number of

consequential

amendments to other

New Zealand

enactments to make it

clear that the Treaty has priority over the

provisions of those

other enactments.

http://www.legislation.

govt.nz/act/public/1990

/0098/latest/DLM3378

214.html (English)

The Civil Aviation

Cape Town Act made a

number of

consequential amendments to other

New Zealand

enactments to make it

clear that the Treaty

has priority over the

provisions of those

other enactments.

http://www.legislation.

govt.nz/act/public/2010

/0042/35.0/DLM30057

56.html (English)


of law in New

Zealand pursuant to the Civil Aviation

(Cape Town and

Other Matters)

Amendment Act

2010 (the Civil

Aviation Cape Town Act), which

incorporates the

Treaty into national

law.

http://www.legislation.govt.nz/act/publi

c/2010/0042/35.0/D

LM3005730.html

(English)

http://www.legislati

on.govt.nz/act/publi

c/1990/0098/latest/D

LM3378213.html

(English)

Yes

The accession does not

extend to Tokelau.

Nigeria

Date of ratification: 16 December 2003


1 March 2006



of: 7 May 2014

Yes

See column 7

Yes








calendar days




Yes

Lex Specialis

Lex Posteriori

Primacy of the Treaty

arising through a line

of cases, e.g. Abacha v.

Fawehinmi (2000) 6

NWLR Part 660, page

228.

Section 73(2) of the

Civil Aviation Act 2006 (the Act)

provides that the

Treaty shall, from

the commencement

of the Act (14

November 2006),

have force of law in

Nigeria.

http://www.placng.o

rg/new/laws/C13.pd

f (English)

Yes

Actions taken in one or

more transactions raise questions of compliance

with the Treaty.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Norway

Date of accession:

20 December 2010


1 April 2011



of: 5 May 2014

Yes Yes


Protocol Article XI (made) – Alt A – 60 days





Made a declaration prohibited




55 but also made a Qualifying

Declaration under Convention Article 54(2)

Yes

Express Legislation

Lex Specialis

This is further

supported by: (i) an

additional paragraph G

in chapter III of the

existing Aviation Act

(of 1993) according

priority to the Treaty

over conflicting

provisions of the

Aviation Act; and (ii)

amendments to the Norwegian

Enforcement Act,

effectively allowing

enforcement in

accordance with the

Treaty or the

Enforcement Act.


of law in Norway

pursuant to the Act no. 58 on

International

Interests in Mobile

Equipment of 12

November 2010.

http://cdm15895.con

tentdm.oclc.org/cdm


n/p15895coll3/id/9/r

ec/10 (English)

Yes

Oman

Date of accession:

21 March 2005


1 March 2006



of: 28 May 2014

Yes

Yes







calendar days




Yes

Higher Legal Norm

This is supported by:

(i) Article 3 of the Civil

Aviation Law issued by

Royal Decree 93/2004, which provides that

relevant international

conventions and

agreements shall

prevail in the event of a

discrepancy with local

laws; and (ii) Article 72

of the Basic Law issued

by Royal Decree

101/96, which provides

that the treaties shall

prevail over local law.

http://www.caa.gov.om

/admin/upload/CIVIL_

AVIATION_LAW-

English.pdf (English)


of law in Oman

pursuant to Royal

Decree 21/2005.

Yes


one counsel.

Pakistan

Date of accession:

22 January 2004


1 March 2006


updated or confirmed as of: 20 January 2015

Yes Yes



A – 60 days





calendar days




Yes

Express Legislation

Lex Specialis

Lex Posteriori

See column 7, which

addresses a decision of

the Supreme Court of

Pakistan, which may

result in a conflict between the

Constitution of

Pakistan and the

Treaty.

Pakistan acceded to

the Treaty through

the promulgation of

the Cape Town

Convention and

Aircraft Protocol

(Implementation)

Rules 2004 on 22

January 2004 (the Convention Rules).

The Convention

Rules have the

status of delegated

legislation.

http://cdm15895.con

tentdm.oclc.org/cdm



Yes

The enforcement of

non-judicial remedies

under the Convention

may be adversely

affected by the decision

of the Supreme Court of

Pakistan (Federation of

Pakistan v Muhammad

Umer Rathore)1

However, this decision

is not a direct precedent

for the

unconstitutionality of

such remedies under the

Implementation Rules

of the Convention and

as such would not

currently render the

1 The Supreme Court decision was to strike down section 15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, which grants the option of a

self-help remedy to financial institutions recovering money. This section was held to be ultra vires of the constitutional right to fair trial and due process. The

self-help remedies in the Convention could also therefore be held to be ultra vires of Article 10A of the Constitution.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

rec/4 (English) declaration made by

Pakistan under Article

54 (2) of the Convention invalid or

otherwise ineffective.

http://pakistanconstituti

onlaw.com/2009-cld-

257-2/ (English)

Panama


28 July 2003


1 March 2006



Yes Yes



A – 60 days




Protocol Art X (made)




Yes

Higher Legal Norm

Article 4 of the

Panamanian


that international law

(including international

treaties) has priority over local law.

https://www.constitute

project.org/constitution

/Panama_2004.pdf

(English)


of law in Panama

pursuant to the Law

29 of 26 March

2003 (the Law).

http://www.asamble

a.gob.pa/APPS/LEG

ISPAN/PDF_NORMAS/2000/2003/20

03_528_0312.PDF

Yes

Russian Federation

Date of accession:

25 May 2011

Date of entry:

1 September 2011



of: 8 July 2014

Not yet

considered

by OECD

See column 7

Yes









under Article 3 of Annex I of Appendix II to the ASU

Yes

Higher Legal Norm

Clause 15(4) of the

Constitution of the

Russian Federation

provides that if an

international treaty to

which the Russian

Federation has acceded

to establish rules different from those

provided for in any

domestic law, the rules

established by the

international treaty

shall apply.

http://www.constitution

.ru/en/10003000-

02.htm (English)


of law in the

Russian Federation

pursuant to Clause

15(4) of the

Constitution of the

Russian Federation,

which provides that

recognised

principles of international law

and international

treaties that apply to

the Russian

Federation form part

of the domestic legal

system.

The accession to the

Treaty was achieved

through enactment

of the Federal Law of the Russian

Federation No. 361-

FZ dated 23

December 2010 (the

Convention Act), in

accordance with

Article 5 of the

Federal Law No.

101-FZ ‘On

International

Treaties of the

Russian Federation’ dated 15 July 1995

(International

Treaties Law).

A separate act has

been adopted in

respect of

declarations under

Article VIII and

Yes

Implications, if any, of

the declaration under

Article 39 and

practicalities of

deregistration and

export, including on the

context of customs

clearance/claims, are

being assessed.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

XIII of the Protocol

(Federal Law of the

Russian Federation No. 60-FZ dated 5

June 2012 ‘On

declaration of the

Russian Federation

in connection with

the Protocol to the

Convention in

International

Interests in Mobile

Equipment on

Matters Specific to Aircraft Equipment’

(the Law on

Additional Declarations)). It

entered into force on

18 June 2012.

Rwanda

Date of accession:

28 January 2010


1 May 2010



of: 19 October 2014

Yes

Yes








calendar days




Yes

Lex Posteriori

Lex Specialis

Presidential order

Nº78/01 of

13/09/2011

Official Gazette

nº39 of 26/09/2011

Yes


one counsel.

San Marino

Date of accession:

9 September 2014

Date of entry to force:

1 January 2015


of: 20 October 2014

Inconclusive Yes


Protocol Article XI (made) - Alt

A - 60 calendar days

Protocol Article XIII

Convention Article 54(2) - non


Protocol Article X (made) 10/30 calendar days


under article 3 of Annex I of


Yes

Lex Posteriori

Lex Specialis

Counsel Decree no.

121 on 29th July

2014

http://www.consigli

ograndeegenerale.s

m/on-

line/home/archivio-

leggi-decreti-e-regolamenti/docume

nto17023310.html

Yes

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Saudi Arabia


27 June 2008


1 October 2008




No No









Inconclusive

Royal Decree No.

32/M was passed on

18/7/2004, corresponding to

1/6/1425H,

ratifying, the Treaty.

Article 4 of the Civil

Aviation Law

provides that all


on civil aviation to

which the Kingdom

is a party to shall be

supplemental to this law.

No

Senegal


9 January 2006


1 May 2006



of: 2 July 2014

Yes Yes








calendar days




Yes

Higher Legal Norm

Article 98 of the


that treaties or

agreements ratified or

approved have, upon

their publication, a

superior authority.

The Treaty has force of law in Senegal as

it was ratified,

enacted by the

President, and

published in the

official bulletin of

Senegal as required

by the Senegalese

Constitution.

http://askanisenega

mbia.com/downloads/486_Constitution

%20of%20SENEG

AL.pdf (English)

Yes

Singapore

Date of accession:

28 January 2009


1 May 2009



of: 20 August 2014

Yes Yes










Yes

Express Legislation

Section 3(2) of the

Aircraft Equipment Act

expressly states that if a

provision of the

Aircraft Equipment Act

is inconsistent with any

other law, the provision

of the Aircraft Equipment Act prevails

over conflicting

domestic law.

The Treaty was

implemented by the

International

Interests in Aircraft

Equipment Act, No.

5 of 2009 (the

Aircraft Equipment Act).

http://statutes.agc.go

v.sg/aol/search/display/view.w3p;page=0

;query=DocId%3A

%221efb49dc-c304-

468b-aeee-

bdcd323e6d25%22

%20Status%3Ainfor

ce%20Depth%3A0

%20ValidTime%3A

20090501000000%2

0TransactionTime%

3A20140912000000

;rec=0 (English)

Yes

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

South Africa


18 January 2007


1 May 2007




Inconclusive Yes







Protocol Art X (made) 10

calendar days in respect of Articles 13(1)(a), (b) and (c)

and 30 calendar days in respect

of Articles 13(1)(d) - (e)





2001capetown?id=489 (English)

Inconclusive

Lex Specialis

Lex Posteriori

Questions have been

raised regarding the

priority of the Treaty.

These include the need

for legislation and/or

civil aviation

regulations, issues

associated with

subsequently passed

company law

legislation relating to creditor’s rights against

a debtor under a

business rescue, and

constitutional type

questions potentially

impacting the

procedure for the

exercise of remedies.

South Africa

adopted the Treaty

into national law by enactment of the

Convention on

International

Interests in Mobile

Equipment Act 4 of

2007 (the

Convention Act).

Yes

The South African Civil

Aviation Authority is

considering adopting specific regulations

relating to the

implementation and

practical application of

the Treaty and the filing

of IDERAs.

Tajikistan

Date of accession:

31 May 2011

Date of entry into force: 1 September 2011



of: 18 June 2014

Yes Yes








calendar days




Yes

Higher Legal Norm

Article 10 of the

Tajikistan Constitution

stipulates that in the case of a discrepancy

between the laws of the

republic and recognised

international treaties,

the norms of the

international treaty are

applied.

http://unpan1.un.org/int

radoc/groups/public/do

cuments/untc/unpan003

670.htm


of law in Tajikistan

pursuant to

accession to the

Convention through Decree of the Lower

Chamber of the

Parliament of the

Republic of

Tajikistan #428

dated 25 May 2011

and accession to the

Protocol through

Decree of the Lower

Chamber of the

Parliament of the

Republic of Tajikistan # 429

dated 25 May 2011.

Pursuant to the

Constitution and the

Law on International

Treaties of the

Republic of

Tajikistan (the

International Treaties Law),

effective international treaties

form part of the

national legal

system


one counsel.

Togo


27 January 2010


1 May 2010


updated or confirmed as of: 6 May 2014

Not yet

considered

by OECD

Yes



A – 30 working days





working days

Yes

Higher Legal Norm

Pursuant to Article 140

of the Togolese

Constitution, ratified


prevail over any


legal norm.


of law in Togo by

virtue of its

ratification through

Law No. 2009-026

dated 6 November

2009.

Yes

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments




Turkey


23 August 2011


1 December 2011



of: 20 January 2015

Yes

See column 7

Yes








calendar days




Yes

Express Legislation

Higher Legal Norm

Article 90 of the

Turkish Constitution

provides for primacy of


dealing with

fundamental rights over


laws.

The Treaty has force of law in Turkey

pursuant to Article

90 of the Turkish

Constitution No.

2709 dated 7

November 1982.

The Treaty has been

duly ratified by the

Turkish National

Assembly on 29

June 2010 in

accordance with paragraph 1 of

Article 90 of the

Constitution.

Further, an

‘adjustment law’

came into force on

12 July 2012 as

Article 68/A of the

Turkish Civil

Aviation Law No.

2920.

Turkish

Constitution:

http://global.tbmm.g

ov.tr/docs/constituti

on_en.pdf (English)

http://www.tbmm.go

v.tr/anayasa/anayasa

_2011.pdf

Turkish Civil

Aviation Law:

http://www.mevzuat

.gov.tr/MevzuatMetin/1.5.2920.pdf

Yes

Turkish Civil Aviation Authority has revised a

Directive to provide

greater clarity on the

recordation and

enforcement of

IDERAs.

The Association of

Financial Leasing,

Factoring, and

Financing Companies

have discontinued the prior practice (under

Article 31 of the Law

on Financial Leasing,

Factoring and

Financing Companies

(the Financial Leasing

Law)) of requiring

mandatory grace

periods (in registered

contracts) prior to

terminations. This action is based on a

formal notification by

the Banking Regulation

and Supervision

Authority of Turkey,

which confirmed the

supremacy of the

Convention over Article

31 of the Financial

Leasing Law.

Ukraine


31 July 2012


1 November 2012



of: 23 April 2014

Not yet

considered

by OECD

Yes











Yes

Higher Legal Norm

Pursuant to the Law on

Ukraine’s International

Treaties No. 1906-IV

dated 29 June 2004 (the

Law No. 1906-IV) the

Treaty has priority over

other laws except for

the Constitution of

Ukraine.


of law in Ukraine

following its entry

into force on 1

November 2012,

pursuant to the Law

on Ratification of

the Treaty No. 4904-

VI dated 6 June

2012 (the Law No.

4904-VI).

http://avia.gov.ua/uploads/documents/90

21.pdf

Yes

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

United Arab Emirates

Date of accession:

29 April 2008


1 August 2008




Inconclusive

See column 7

Yes







calendar days




Inconclusive

While the principles of

Lex Specialis and Lex Posteriori and some

elements of Higher

Legal Norm apply in

favour of primacy of

the Treaty, which was

brought into effect in

accord with customary

treaty practice, there is

some uncertainty given

the hierarchy of

different types of legislation and

sequence of events

relating to the passage

of the initial decree and

the related accession

and ratification of the

Treaty.

Federal Decree

No.32 of 2006

ratified the accession of the

United Arab

Emirates to the

Treaty.

Yes

Further

decree/legislation or

authoritative interpretation is

desirable to confirm the

priority of the Treaty.

United Republic of

Tanzania


30 January 2009

Date of entry into force: 1 May 2009



of: 24 July 2014

No Yes







calendar days




No

A treaty without

legislation setting out

its primacy is

subordinate to

conflicting national legislation. No such

legislation has been

passed.


of law in Tanzania

by virtue of the

ratification of the

Civil Aviation (the

Protocol to the Convention on

International

Interests in Mobile

Equipment on

Matters Specific to

Aircraft Equipment)

(Implementing)

Regulations 2012

(the Cape Town

Regulations) made

under the

Government Notice No. 67 of 2012.

See column 7

Yes


one counsel.

United States of

America


28 October 2004


1 March 2006



of: 1 October 2014

No

See column 7

No




Convention Article 54(2) – non judicial remedies permitted in

accordance with United States

law





Yes

Higher Legal Norm

Supremacy clause of

the United States

Constitution (art. VI,

cl. 2) provides that all

treaties ratified by the

United States shall be

the supreme law of the

land.

The Treaty has

direct effect in the

United States. In

addition, the United

States Congress

passed the Treaty

through the Cape

Town

Implementation Act

2004 on 9 August

2004 (the Act) in respect of select

matters impacting

the practices and

procedures of the

Federal Aviation

Administration.

http://cdm15895.con

tentdm.oclc.org/cdm



rec/9

Yes

The only qualifying

declaration not made is

in relation to Article XI.

However, Section 1110

of the United States

Bankruptcy Code is

substantially similar to

Alternative A, with a

waiting period of 60

calendar days.

Country

Date of



of the Cape Town

Convention

2.

Eligibility

for the Cape

Town

discount


official

OECD list)



the ASU?




ary-2001capetown-







declarations)

4. Does the Treaty

take priority over


law?

5. Method by

which the Treaty

acquires force of

law

6. Was the

IDERA

declaration

made?

7. Additional

comments

Vietnam

Date of accession:

17 September 2014


1 January 2015



of: 27 October 2014

Inconclusive

See column 5

Yes


Protocol Article XI (made) – Alternative A – 60 calendar

days





calendar days




Yes

Higher Legal Norm

Article 6.1 of the Law on Treaties dated 14

June 2005 (the Law on

Treaties) provides that

where a legal document

and a treaty to which

Vietnam is a party

contain different

provisions on the same

matter, the provisions

of the treaty shall

prevail.

Article 6.2 of the Law

on Treaties and Article

3.5 of the Law on

Legal Documents dated

3 June 2008 require

that the promulgation

of legal documents in

Vietnam cannot

obstruct the

implementation of

treaties which Vietnam

is a party to.

Inconclusive

Vietnamese law

does not clearly state that a

treaty has force of

law in Vietnam

upon Vietnam’s

accession to it.

Resolution No.

73/2014/QH13

dated 24 June 2014

of the National

Assembly of

Vietnam ratifying the accession of

Vietnam to the

Convention and the

Protocol

(Resolution 73) is

silent in respect of

this issue.


one counsel.

AWG is consulting with the Vietnamese

government in

connection with the

implementation of the

Treaty.