D

DECLARATIONS LODGED BY KUWAIT UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION AND SUBSEQUENT DECLARATIONS

DECLARATIONS
LODGED BY KUWAIT UNDER THE CAPE TOWN CONVENTION AT THE TIME OF
THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION
AND SUBSEQUENT DECLARATIONS

 

Specific declaration under Article 39(1)(a)*

The State of Kuwait declares that the following categories of non-consensual right or interest:

a) Liens in favor of repairers of, or those providing services to, an aircraft object, in each case to the extent any such repair or services adds value to that object;

b) Liens in favor of the Government of the State of Kuwait relating to unpaid taxes or other charges directly relating to the use of an aircraft object;

c) Employee wages relating to service fairly allocated to the use of an aircraft object as from the date that remedies have been exercised under the Convention and Protocol by the holder of as registered interest; and

d) Rights of the Government of the State of Kuwait to arrest or detain an aircraft object for violation of safety-related or criminal law, provided that no such arrest of detention shall give rise to the power of sale or right to proceeds.

That the priority under Kuwait laws over an interest in an object equivalent to that of a holder of a registered international interest shall retain that priority over a registered international interest, whether in or inside insolvency proceeds.

 

General declaration under Article 39(1)(b)*

The State of Kuwait declares that nothing in the Convention shall affect its right of that of any entity of that State, any intergovernmental organization or other private provider of public services to arrest or detain an object under its laws for the payment of amounts owed to any such entity directly relating to the services provided by it in respect of that aircraft object or another aircraft object.

 

Declaration under Article 40*

The State of Kuwait declares that the following categories of non-consensual right or interest:

a) Rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment;

b) Liens or other rights of the Government of the State of Kuwait relating to taxes or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention); and

c) Any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention

shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.

 

*[These declarations were notified to UNIDROIT by the Government of the State of Kuwait as subsequent declarations pursuant to Article 57(1) of the Convention, on 10 March 2022, and in accordance with Article 57(2) of the Convention, these subsequent declarations took effect on 1 October 2022.]

 

Form No. 13 (Mandatory declaration under Article 54(2))

The State of Kuwait declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised only with leave of the court.

 

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Declarations lodged by the State of Kuwait under the Aircraft Protocol

 

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