Declarations deposited under the Cape Town Convention on International Interests in Mobile Equipment Relating to Article 39(4)

 

 

Argentina

 

  1. With respect to Article 39, paragraph 4:

A right or interest of a category of transactions covered by the declaration made under Article 39, paragraph 1(a) shall have priority over an international interest registered prior to the date of the instrument of accession.

 

* The original version of this declaration was submitted in Spanish.
   This version of the declaration is a translation prepared by the UNIDROIT Secretariat.

 

 

Brazil

 

(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.

 

 

Canada

The Government of Canada 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.

 

 

China

 

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.

 

 

Kazakhstan

 

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.

 

* [This declaration was notified to UNIDROIT by the Republic of Kazakhstan, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 16 November 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 June 2013.

See text of the previous declaration below.
[On 15 March 2011 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration. In accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 October 2011.
On 16 November 2012 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 58(1) of the Convention, of the withdrawal of its subsequent declaration made on 15 March 2011. The withdrawal took effect on 1 June 2013.

Form No. 5 (Declaration 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.]

 

 

Kyrgyzstan

 

Declaration under Article 39, paragraph 4 of the Convention

The Kyrgyz Republic declares that the right or guarantee of one of the categories covered by the Declaration made under article 39, paragraph 1(a), of the Convention has priority over the international guarantee registered before the date of ratification of the Protocol on aviation equipment to the Convention on international interests in mobile equipment (hereinafter referred to as the Protocol).

 

 

Malta

 

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.

 

 

Namibia

 

Declaration under Article 39(4)

 

Pursuant to Article 39(4) of the Convention, the Republic of Namibia declares that a right or interest of a category covered by a declaration under Article 39(1)(b) has priority over an international interest registered prior to the date of deposit of its instrument of accession.

 

 

Pakistan

 

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.

 

Panama

 

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.

 

 

Paraguay

 

 

With respect to Article 39, paragraph 4:

 

A right or interest of a category covered by a declaration made under Article 39, sub-paragraph (a) of paragraph 1, shall have priority over an international interest registered prior to the date of the instrument of accession.

 

 

San Marino

 

Declarations under Article 39(4)

 

Pursuant Article 39(4) of the Convention, the Republic of San Marino declares that all the categories of non-consensual right or interest covered by the declaration lodged pursuant Article 39(1)(a) of the Convention shall have priority over a security interest registered prior to the date of its deposit of its instrument of accession.

 

 

Singapore

 

In accordance with Article 39 of the Cape Town Convention, Singapore declares that:

[…]

(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.

 

 

Sweden

 

Declaration under Article 39(4)

 

The Kingdom of Sweden declares that pursuant to Article 39(4) of the Convention a right or interest in a category referred to in sub-paragraph (1)(a) above shall have priority over an international interest registered prior to the date of deposit of the Swedish instrument of accession.

 

 

United Kingdom

 

At the time of ratification – Pursuant to Article 39(4) of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that a right or interest in a category referred to in sub-paragraph (a) above, in the United Kingdom of Great Britain and Northern Ireland, or in the territory of Gibraltar, the Cayman Islands or the Island of Guernsey, shall have priority over an international interest registered prior to the date of deposit of the United Kingdom of Great Britain and Northern Ireland’s instrument of ratification.

 

As from 1 January 2018, by virtue of a subsequent declaration, the Government of the United Kingdom of Great Britain and Northern Ireland declares, pursuant to Articles 39(4) and 52(4) of the Convention, that, a right or interest of a category covered by a declaration made under paragraph (a) above pursuant to Article 39(1)(a) of the Convention shall have priority over an international interest registered prior to the date of deposit of the instrument of extension of the United Kingdom of Great Britain and Northern Ireland of the Convention to Bermuda.

 

As from 1 January 2018, by virtue of a subsequent declaration, the Government of the United Kingdom of Great Britain and Northern Ireland declares, pursuant to Articles 39(4) and 52(4) of the Convention, that, a right or interest in a category referred to in sub-paragraph (a) above pursuant to Article 39(1)(a) of the Convention, in the Isle of Man, shall have priority over an international interest registered prior to the date of deposit of the instrument of extension of extension of the United Kingdom of Great Britain and Northern Ireland of the Convention to the Isle of Man.

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