Decree 5764/1967

Bs. As. 11/8/67

VISTO file No. 85,316 Cde. 69 (Cdo. J. F. A.) 30,870 (D.N.A.C.), proposed by the Commander-in-Chief of the Air Force, informed by the Minister of Defence, and

CONSIDERING:

That the recently sanctioned Aeronautical Code, in its articles 74 and 75, establishes the legal regime of national or foreign flag aircraft which are either rugged or de facto immobilized in Argentine territory or its jurisdictional waters and its parts or divestments, whose owners or operators do not submit to claim them within the time limit set for that purpose;

The regulatory and procedural principles for the application of the above-mentioned legal norms must be determined,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - The national or foreign flag aircraft that are either rugged or de facto immobilized in Argentine territory or its jurisdictional waters and its parts or spoils, the owner or operator of which shall not submit to claim them, shall be subject to national law and jurisdiction and their counter-lor shall be exercised by the aeronautical authority.

Art. 2° ­ In cases where, in the opinion of the aeronautical authority, it is necessary to dispose of the removal or transfer of the aircraft referred to in article 1, its parts or depossessions, the authority shall in a manner in which the owner is feigned in order to carry out it within 30 days, subject to the notice of the removal or transfer of the same article, to which the Code shall be notified.

In the case of foreign flag aircraft, notification and intimation shall also be made to the diplomatic or consulate representation of the interests of the registration country.

When it comes to unidentified aircraft of nationality, of unknown property or of known owner but whose domicile cannot be determined, the notification and intimation shall be made by edicts by means of 2 non-successive publications within 10 days in the Official Gazette and on a day of wide dissemination in the area where the material originating the procedure is located.

If the removal or transfer is not completed, the notice shall be effected, the liquidation of the expenses incurred.

Art. 3° . Notwithstanding the provisions of the previous article, when aircraft and their parts or divestments pose a medium or immediate danger to air navigation, infrastructure, the media, persons or goods, or when their stay at the scene of the accident or immobilization may result in deterioration, the aeronautical authority may proceed to their immediate removal and transfer from the owner, without the need for the prior intimation. The proceeding shall be notified to the owner in the manner provided for in the preceding article.

Art. 4° − Air assets removed or transferred in accordance with the provisions of Articles 2° and 3° shall be carried out by the aeronautical authority, until their surrender is resolved, administratively or judicially.

Aeronautical authority may perform such repairs as it deems appropriate and is entitled to use during that period the material in its charge if necessary, or for the purpose of maintaining the aircraft.

Art. 5° . After the 6-month period referred to in article 74 of the Aeronautical Code and the abandonment of the material in favour of the National State, the aeronautical authority will have the corresponding registrations in the National Aircraft Registry to improve the transmission of domain.

Art. 6° − The delivery of aircraft and their parts or depositions by administrative or judicial means is conditioned upon the prior payment of the expenses incurred by the aviation authority for their removal, transfer and repairs.

Art. 7° ­ The air material incorporated into the rule of the State in accordance with the regime established by article 74 of the Aeronautical Code whose repair or use is not deemed appropriate may be offered for sale by the aeronautical authority, in accordance with the rules in force. The funds obtained will be entered into the Special Account Permanent Fund for the Promotion of Civil Aviation.

Art. 8° ­ At the end of this decree, the Command-in-Chief of the Air Force is the aircraft enforcement authority.

Article 9: This decree shall be endorsed by the Ministers of the Interior, Foreign Affairs and Worship and Defence and signed by the Commander-in-Chief of the Air Force and the Secretary of State of Justice.

Art. 10. Communicate, publish, give to the National Bureau of the Official Register and archvese.

NGOsANIA . Guillermo A. Borda . Nicanor E. Costa Méndez . Antonio R. Lanusse . Adolfo T. Alvarez . Conrado Etchebarne.