The Convention On International Guarantees In Relation To Mobile Equipment And Convention On International Guarantees In Relation To Mobile Equipment Protocol On Matters Relating To Aircraft Equipment

Original Language Title: Par Konvenciju par starptautiskajām garantijām attiecībā uz pārvietojamām iekārtām un Konvencijas par starptautiskajām garantijām attiecībā uz pārvietojamām iekārtām Protokolu par jautājumiem, kas attiecas uz gaisa kuģu iekārtām

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/223914

The Saeima has adopted and the President promulgated the following laws: For Convention on international guarantees in relation to mobile equipment and Convention on international guarantees in relation to mobile equipment protocol on matters relating to aircraft equipment article 1. 16 November 2001, the Convention on international guarantees in relation to mobile equipment (hereinafter referred to as the Convention) and the Convention of 16 November 2001 Protocol on matters relating to aircraft equipment (hereinafter referred to as the Protocol), with this law is adopted and approved.
2. article. Convention and the fulfilment of the obligations provided for in the Protocol are coordinated by the Ministry of transportation and Ministry of Justice.
3. article. Convention shall enter into force for the period specified in article 49 and in order, the Protocol shall enter into force for the period specified in Article XXVIII and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
4. article. In accordance with article 54 of the Convention, the second part of all remedies available to the creditor under any of the provisions of the Convention and the use of which in accordance with the Convention does not necessarily need a court order can be used without a court order and without judicial authorization.
5. article. The law shall enter into force on the day following its promulgation. With the law put the Convention and Protocol in English and their translation into Latvian language.
The Parliament adopted the law on 23 December 2010.
President Valdis Zatlers in Riga V 2011 January 7, the Convention on international interests in mobile equipment the States parties TO this CONVENTION, AWARE of the need to acquir and use mobile equipment of high value or particular economic significanc and facilitat it the financing of the acquisition and use of such equipment in an efficient manner, RECOGNISING the advantage of asset-based financing and leasing for this purpose and it is facilitat (menu rngton Line4) these types of transaction by establishing clear rules to govern them, MINDFUL of the need to ensur that interests in such equipment are recognised and protected universally, it (MENU RNGTON LINE4) provide broad and mutual economic benefits for all interested parties, BELIEVING that such rules must be reflec the principles underlying asset-based financing and leasing and promote the autonomy of the parties in these transactions not cessary, conscious of the need to establish a legal framework for international interests in such equipment and for that purpose to create an international registration system for their protection, TAKING into CONSIDERATIONS the objective and principles enunciated in existing Convention relating to such equipment, will have AGREED upon the following provision: CHAPTER I sphere OF APPLICATION AND GENERAL PROVISION article 1 Definition In this Convention, except where the context otherwise requires, the following terms are employed with the meaning set out below: (a) "agreement" means a security agreement, a title reservation agreement or a leasing agreement;
(b) "assignment" means a contract which, by way of security or otherwise whethers, confer on the assigne associated rights with or without a transfer of the related international interest;
(c) "associated rights" means all rights to payment or other performance by a debtor under an agreement which are secured by or associated with the object;
(d) "of the IRA commencemen proceedings" means the time at which the proceedings are deemed the IRA to the commenc under the applicable law the IRA;
(e) "conditional buyer" means a buyer under a title reservation agreement;
(f) "conditional seller" means a seller under a title reservation agreement;
(g) "contract of sale" means a contract for the sale of an object by a seller to a buyer which is not an agreement as defined in (a) above;
(h) "Court" means a Court of law or an administrative tribunal established by CAs or a Contracting State;
(i) "preparing" means a chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement;
(j) "debtor" means a charger under a security agreement, a conditional buyer under a title reservation agreement, (a) is under a leasing agreement lesse or a person whose interest in an object is burdened by a registrabl non-consensual right or interest;
(k) "the IRA administrator" means a person authorised to administer the reorganisation or liquidation, including one authorised on an interim basis, and includes a debtor in possession if permitted by the applicable law and the IRA;
(l) "the IRA proceedings" means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the assets and Affairs of the debtor are subject to control or supervision by a court for the purpose of reorganisation or liquidation;
(m) "interested persons" means: (i) the debtor;
(ii) any person who, for the purpose of assuring performance of any of the obligations in favour of the preparing, give or issue a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance;
(iii) any other person having rights in or over the object;
(n) "internal transaction" means a transaction of a type listed in article 2 (2) (a) to (c) where the Centre of the main interests of all parties to such transaction is situated, and the relevant object located (as specified in the Protocol), in the same Contracting State at the time of the conclusion of the contract and where the interest created by the transaction has been registered in a national registry in that Contracting State which has made a declaration under article 50 (1);
(o) "international interest" means an interest held by a preparing it which article 2 applies;
(p) "International Registry" means the international registration facilities established for the purpose of this Convention or the Protocol;
(q) "leasing agreement" means an agreement by which one person (the lessor) grants a right to possession or control of an object (with or without an option to purchase) to another person (the lesse) in return for a rental or other payment;
(r) "national interest" means an interest held by a preparing in an object and created by an internal transaction covered by a declaration under article 50 (1);
(s) "non-consensual right or interest" means a right or interest conferred under the law of a Contracting State which has made a declaration under article 39 to secure the performance of an obligation, including an obligation to a State or an intergovernmental entity, State or private organisation;
(t) "notice of a national interest" means notice registered or to be registered in the International Registry that a national interest has been created;
(u) "object" means an object of a category to which article 2 applies;

(v) "pre-existing right or interest" means a right or interest of any kind in or over an object created or arising before the effective date of this Convention as defined by article 60 (2) (a);
(w) "proceed" means money or non-money proceed of an object arising from the total or partial loss or physical destruction of the object or its total or partial confiscation, condemnation or requisition;
(x) "the prospective assignment" means an assignment that is intended to be made in the future, upon the occurrence of a stated event, whethers or not the occurrence of the event is certain;
(y) "prospective international interest" means an interest that is intended to be created or provided for in an object as an international interest in the future, upon the occurrence of a stated event (which may include the debtor's acquisition of an interest in the object), whethers or not the occurrence of the event is certain;
(z) "prospective sale" means a sale which is intended to be made in the future, upon the occurrence of a stated event, whethers or not the occurrence of the event is certain;
(aa) "Protocol" means, in respect of any category of object and associated rights to which this Convention applies, the Protocol in respect of that category of object and associated rights;
(bb) "registered" means registered in the International Registry pursuan to Chapter V; (cc) "registered interest" means an international interest, a registrabl non-consensual right or interest or a national interest specified in a notice of a national interest registered pursuan to Chapter V; (dd) "registrabl non-consensual right or interest" means a non-consensual right or interest to a declaration of registrabl pursuan deposited under article 40;
(ee) "Registrar" means, in respect of the Protocol, the person or body designated by that Protocol or appointed under article 17 (2) (b);
(ff) "regulations" means regulations made or approved by the Supervisory Authority pursuan to the Protocol;
(gg) "sale" means a transfer of ownership of an object to a contract pursuan of sale;
(hh) "secured obligation" means an obligation secured by a security interest;
(ii) the "security agreement" means an agreement by which a chargor grants or agree to grant it a charge an interest (including an ownership interest) in or over an object to secure the performance of any existing or future obligation of the chargor or a third person;
(jj) "security interest" means an interest created by a security agreement;
(kk) "Supervisory Authority" means, in respect of the Protocol, the Supervisory Authority referred to in article 17 (1);
(ll) "title reservation agreement" means an agreement for the sale of an object on terms that ownership does not pass until the fulfilmen of the condition or conditions stated in the agreement;
(mm) "unregistered interest" means a consensual interest or non-consensual right or interest (other than an interest to which article 39 applies) which has not been registered, it is registrabl or not the whethers under this Convention; and (e) "writing" means a record of information (including information communicated by teletransmission) which is in tangibl or other form and is capable of being reproduced in tangibl form on a subsequent occasion and which indicates by reasonable means a person's approval of the record.
Article 2 the international interest 1. This Convention provides for the constitution and effects of an international interest in certain categories of mobile equipment and associated rights.
2. For the purpose of this Convention, an international interest in mobile equipment is an interest, constituted under article 7, in a uniquely identifiabl object of a category of such objects listed in paragraph 3 and designated in the Protocol: (a) granted by the chargor under a security agreement;
(b) vested in a person who is the conditional seller under a title reservation agreement; or (c) vested in a person who is the lessor under a leasing agreement. An interest falling within subparagraph (a) does not also fall within subparagraph (b) or (c).
3. The categories referred to in the preceding paragraphs are: (a) airfram, aircraft engines and helicopter;
(b) railway rolling stock; and (c) space assets.
4. The applicable law of interest to the United Nations the whethers determin which paragraph 2 applies falls within subparagraph (a), (b) or (c) of that paragraph.
5. An international interest in an object, extend to proceed of that object.
Article 3 sphere of application 1. This Convention applies when, at the time of the conclusion of the agreement creating or providing for the international interest, the debtor is situated in a Contracting State.
2. The fact that the preparing is situated in a non-Contracting State does not the applicability of the affec the Convention.
Article 4 where debtor is situated 1. For the purpose of article 3 (1), the debtor is situated in any Contracting State: (a) under the law of which it is incorporated or formed;
(b) where it has its registered office or statutory seat;
(c) where it has its centre of administration; or (d) where it has its place of business.
2. (A) the reference in subparagraph (d) of the preceding paragraph to the debtor's place of business shall, if it has more than one place of business, mean its principal place of business or, if it has from the place of business, its habitual residence.
Article 5 Interpretation and applicable law 1. In the interpretation of this Convention, regard is to be had to its purpose set forth in the axis of the preamble, to its international character and to the need to promote uniformity and predictability in its application.
2. Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the applicable law.
3. The reference to the applicable law with it the domestic rules of the law applicable by virtue of the rules of private international law of the forum State.
4. Where a State of several territorial units compris, each of which has its own rules of law in respect of the matters to be decided, and where there is no indication of the relevant territorial unit, the law of that State decide the which is the territorial unit whose rules shall govern. In the absence of any such rule, the law of the territorial unit with which the case is most closely connected shall apply.
Article 6 Relationship between the Convention and this Protocol 1. This Convention shall be and the Protocol read and interpreted together as a single instrument.
2. To the exten of any inconsistency between this Convention and the Protocol, the Protocol shall prevails.
CHAPTER II CONSTITUTION OF AN INTERNATIONAL interest article 7 Formal requirements An interest is constituted as an international interest under this Convention where the agreement creating or providing for the interest: (a) is in writing;

(b) relate to an object of which the chargor, conditional seller or lessor has power to dispos;
(c) enable the object to be identified in conformity with the Protocol; and (d) in the case of a security agreement, enable the secured obligations to be determined, but without the need to state a sum or maximum sum secured.
CHAPTER III default remedies article 8 remedies of chargee 1. In the event of default as provided in article 11, the chargee may, to the exten that the chargor has at any time the so agreed and subject to any declaration that may be made by a Contracting State under article 54, exercise any one or more of the following remedies: (a) take possession or control of any object charged to it;
(b) sell or grant a lease of any such object;
(c) collect or receive any income or profits arising from the management or use of any such object.
2. The chargee may alternatively apply for a court order authorising or directing any of the acts referred to in the preceding paragraph.
3. Any remedy set out in subparagraph (a), (b) or (c) of paragraph 1 or by article 13 shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the security agreement except where such a provision is manifestly unreasonabl.
4. A chargee proposing to sell or grant a lease of an object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to: (a) interested persons specified in article 1 (m) (i) and (ii); and (b) interested persons specified in article 1 (m) (iii) who have given notice of their rights to the chargee within a reasonable time prior to the sale or lease.
5. Any sum collected or received by the chargee as a result of exercise of any of the remedies set out in paragraph 1 or 2 shall be applied towards discharge of the amount of the secured obligation.
6. Where the sum collected or received by the chargee as a result of the exercise of any remedy set out in paragraph 1 or 2 12 the amount secured by the security interest and any reasonable costs incurred in the exercise of any such remedy, then unless otherwise ordered in by the Court the chargee shall distribute the holder of those among surpl subsequently ranking interests which have been registered or of which the chargee has been given notice , in order of priority, and pay any remaining balance to the chargor.
Article 9 Vesting of object in satisfaction; redemption At any time after 1 default as provided in article 11, the chargee and all the interested persons may agree that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligation.
2. The Court may on the application of the chargee order that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligation.
3. The Court shall grant an application under the preceding paragraph only if the amount of the secured obligations to be satisfied by such vesting is commensurat with the value of the object after taking account of any payment to be made by the chargee to any of the interested persons.
4. At any time after default as provided in article 11 and before sale of the charged object or the making of an order under paragraph 2, the chargor or any interested person may discharge the security interest by paying in full the amount secured, subject to any lease granted by the chargee under article 8 (1) (b) or ordered under article 8 (2). Where, after such default, the payment of the amount secured is made in full by an interested person other than the debtor, that person is subrogated to the rights of the chargee.
5. Ownership or any other interest of the chargor passing on a sale under article 8 (1) (b) or passing under paragraph 1 or 2 of this article is free from any other interest over which the chargee's security interest has priority under the provision of article 29 Article 10 of conditional seller or lessor remedies In the event of default under a title reservation agreement or under a leasing agreement as provided in article 11 , the conditional seller or the lessor, as the case may be, may: (a) subject to any declaration that may be made by a Contracting State under article 54, terminate the agreement and take possession or control of any object to which the agreement relate; or (b) apply for a court order authorising or directing either of these acts.
Article 11 the Meaning of default 1. The debtor and the preparing may at any time agree in writing as to the events that constitut a default or otherwise give rise to the rights and remedies specified in articles 8 to 10 and 13.2. Where the debtor and the preparing have not so agreed, "default" for the purpose of articles 8 to 10 and 13 means a default which substantially depriv the preparing of what it is entitled to expect under the agreement.
Article 12 Additional remedies Any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the exten to that they are not inconsistent with the mandatory provision of this Chapter as set out in article 15 article 13 Relief pending final determination 1. Subject to any declaration that it may make under article 55 a Contracting State shall ensur that consisted of (a) preparing the who adduc of default by the debtor may, pending the final determination of its claim and to the exten to that the debtor has at any time so agreed, obtain from a court speedy relief in the form of such one or more of the following orders as the preparing requests: (a) preservation of the object and its value;
(b) possession, control or custody of the object;
(c) immobilisation of the object; and (d) lease or, except where covered by subparagraph (a) to (c), management of the object and the income therefrom.
2. In making any order under the preceding paragraph, the Court may by the impost term as it consider such does not protect the cessary to interested persons in the event that the preparing: (a) in implementing any order granting such relief, file any of its obligation to perform to the debtor under this Convention or the Protocol; or (b) to establish the file its claim, wholly or in part, on the final determination of that claim.
3. Before making any order under paragraph 1, the Court may require notice of the request to be given to any of the interested persons.
4. Nothing in this article Lady the application of article 8 (3) or limit the availability of forms of interim relief other than those set out in paragraph 1. Article 14 Procedural requirements subject to article 54(2), any remedy provided by this Chapter shall be exercised in conformity with the procedure prescribed by the law of the place where the remedy is to be exercised.
Article 15 Derogation

In their relations with each other, any two or more of the parties referred to in this Chapter may at any time, by agreement in writing, from the derogat or vary the effect of any of the preceding provision of this Chapter except the articles 8 (3) to (6), 9 (3) and (4), 13 (2) and CHAPTER IV 14 the INTERNATIONAL REGISTRATION system article 16 the International Registry 1. An International Registry shall be established for the registration of: (a) international interests, prospective international interests and registrabl non-consensual rights and interests;
(b) assignments and prospective assignments of international interests by;
(c) acquisition of international interests by legal or contractual subrogation under the applicable law;
(d) notices of national interests; and (e) the subordination of interests referred to in any of the preceding subparagraph.
2. Different international registry may be established for the different categories of object and associated rights.
3. For the purpose of this Chapter and Chapter V, the term "registration" includes, where appropriate, an amendment, extension or discharge of a registration.
Article 17 the Supervisory Authority and the Registrar 1. There shall be a Supervisory Authority as provided by the Protocol.
2. The Supervisory Authority shall: (a) establish or provide for the establishment of the International Registry;
(b) except as otherwise provided by the Protocol, and of the appoin dismis Registrars;
(c) ensur that any rights required for the continued effective operation of the International Registry in the event of a change of Registrar will vest in or be assignabl to the new Registrar;
(d) after consultation with the Contracting States, make or approve and ensur the publication of regulations pursuan to the Protocol dealing with the operation of the International Registry;
(e) establish administrative procedures through which complaints concerning the operation of the International Registry can be made to the Supervisory Authority;
(f) the supervis Registrars and the operation of the International Registry;
(g) at the request of the Registrar, provide such guidance to the Registrar as the Supervisory Authority think fit;
(h) set and periodically review the structure of fees to be charged for the services and facilities of the International Registry;
(i) do all things without the cessary ensur that an efficient notice-based electronic registration system exists to implementations that the objective of this Convention and the Protocol; and (j) report periodically to Contracting States concerning the discharge of its obligations under this Convention and the Protocol.
3. The Supervisory Authority may enter into any agreement requisit for the performance of its functions, including any agreement referred to in article 27 (3).
4. The Supervisory Authority shall own all proprietary rights in the databases and archives of the International Registry.
5. The Registrar shall ensur the efficient operation of the International Registry and perform the functions assigned to it by this Convention, the Protocol and the regulations.
CHAPTER V OTHER MATTERS RELATING TO REGISTRATION article 18 Registration requirements 1. The Protocol and regulations shall specify the requirements, including the criteria for the identification of the object: (a) for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under article 20);
(b) for making searches and issuing search certificates, and, subject, theret;
(c) for ensuring the confidentiality of information and documents of the International Registry other than information and documents relating to a registration.
2. The Registrar shall not be under a duty to a consent to the whethers enquir registration under article 20 has in fact been given or is valid.
3. Where an interest registered as a prospective international interest to become an international interest, from the further registration shall be required provided that the registration information is sufficient for a registration of an international interest.
4. The Registrar shall arrang for registration to be entered into the International Registry database and made searchable in chronological order of receipt, and the file shall record the date and time of receipt.
5. The Protocol may provide that a Contracting State may an entity or entities to designat in its territory as the entry point or entry points through which the information required for registration shall or may be transmitted to the International Registry. A Contracting State making such a designation may specify the requirements, if any, to be satisfied before such information is transmitted to the International Registry.
Article 19 Validity and time of registration registration shall be 1 A valid only if made in conformity with article 20.2 A registration, if valid, shall be complete upon entry of the required information into the International Registry database so as to be searchable.
3. A registration shall be searchable for the purpose of the preceding paragraph at the time when: (a) the International Registry has assigned to it a sequentially ordered file number; and (b) the registration information, including the file number, is stored in durable form and may be accessed at the International Registry.
4. If an interest first registered as a prospective international interest to become an international interest in, that international interest shall be treated as registered from the time of registration of the prospective international interest provided that the registration was still current immediately before the international interest was constituted as provided by article 7. The preceding paragraph applies with no modification to the cessary registration of a prospective assignment of an international interest in the.
6. A registration shall be searchable in the International Registry database according to the criteria prescribed by the Protocol.
Article 20 Consent to registration 1. An international interest, a prospective international interest or an assignment or prospective assignment of an international interest in the may be registered, and any such registration amended or extended prior to its expiry, by either party with the consent in writing of the other.
2. The subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated.
3. A registration may be discharged by or with the consent in writing of the party in whose favour it was made.
4. The acquisition of an international interest by legal or contractual subrogation may be registered by the subroge.
5. registrabl A non-consensual right or interest may be registered by the holder thereof.
6. (A) A notice of a national interest may be registered by the holder thereof.
Article 21 Duration of registration

Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration.
Article 22 1 Any person may Search., in the manner prescribed by the Protocol and regulations, make or request a search of the International Registry by electronic means concerning interests or prospective international interests registered therein.
2. Upon receipt of a request therefore, the Registrar, in the manner prescribed by the Protocol and regulations, shall issue a registry search certificate by electronic means with respect to any object: (a) stating all registered information relating theret, together with a statement indicating the date and time of registration of such information; or (b) stating that there is no information in the International Registry relating theret.
3. A search certificate issued under the preceding paragraph shall indicates that the named in the registration information preparing has acquired or intends to acquir an international interest in the object but shall note indicates what is registered is the whethers an international interest or a prospective international interest, even if this is ascertainabl from the relevant registration information.
Article 23 list of declarations and declared non-consensual rights or interests the Registrar shall maintain a list of declarations, withdrawals of declaration and of the categories of non-consensual right or interest communicated to the Registrar by the Depositary as having been declared by Contracting States in conformity with articles 39 and 40 and the date of each such declaration or withdrawals of declarations. Such list shall be recorded and searchable in the name of the declaring State and shall be made available as provided in the Protocol and the regulations to any person requesting it. "the article 24 Evidentiary value of certificates A document in the form prescribed by the regulations which purport to be a certificate issued by the International Registry is prima facie proof : (a) that it has been so issued; and (b) of the facts recited in it, including the date and time of a registration.
Article 25 discharge of registration 1. Where the obligation is secured by a registered security interest or the obligations giving rise to a registered non-consensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall, without delay, of the Procura undu the discharge of the registration after written demand by the debtor delivered to or received the at its address stated in the registration.
2. Where a prospective international interest or a prospective assignment of an international interest in the has been registered, the intending intending assigne of IR, preparing or without the delay, Procura undu the discharge of the registration after written demand by the intending debtor or assignor which the is delivered to or received at its address stated in the registration before the intending or preparing assigne has given value or incurred a commitment to give value.
3. Where the obligation is secured by a national interest specified in a registered notice of a national interest have been discharged, the holder of such interest shall, without delay, of the Procura undu the discharge of the registration after written demand by the debtor delivered to or received the at its address stated in the registration.
4. Where a registration to ough not to have been made or is incorrect, the person in whose favour the registration was made shall, without delay, of the undu Procura it will discharge or amendment after written demand by the debtor delivered to or received the at its address stated in the registration.
Article 26 access to the international registration facilities No person shall be denied access to the registration and search facilities of the International Registry on any ground other than its failure to comply with the procedures prescribed by this Chapter.
CHAPTER VI PRIVILEGES AND OF the SUPERVISORY AUTHORITY to the IMMUNIT AND the REGISTRAR article 27 Legal personality; immunity 1. The Supervisory Authority shall have international legal personality where not already possessing such personality.
2. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal or administrative process as is specified in the Protocol.
3. (a) the Supervisory Authority shall enjoy exemption from taxes and such others as may be provided for the privilege by agreement with the host State.
(b) For the purpose of this paragraph, "host State" means the State in which the Supervisory Authority is situated.
4. The assets, documents, databases and archives of the International Registry shall be inviolabl and immun from chicken pox vaccine and or other legal or administrative process.
5. For the purpose of any claim against the Registrar under article 28 (1) or article 44, shall be entitled to the claiman their access to such information and documents as the cessary not to enable the it to pursu it claiman claim.
6. The Supervisory Authority may the inviolability and immunity waiv conferred by paragraph 4. CHAPTER VII LIABILITY OF the REGISTRAR article 28 Liability and financial assurances 1. The Registrars shall be liabl for compensatory damage for loss suffered by a person directly resulting from an error or omission of the Registrar and its officers and employees or from a malfunction of the international registration system except where the malfunction is caused by an event of the United Nations and the irresistibl inevitabl nature, which could not be prevented by using the best practices in current use in the field of electronic registry design and operations , including those related to back-up and systems security and networking.
2. The Registrar shall not be under the preceding paragraph liabl is for factual inaccuracy of registration information received by the Registrar or transmitted by the Registrar in the form in which it received that information nor for acts or circumstanc insurance which the Registrar and its officers and employees are not responsible and arising prior to receipt of registration information at the International Registry.
3. Compensation under paragraph 1 may be reduced to the exten to that the person who suffered the damage caused or contributed to that damage.
4. The Registrar shall Procura insurance or a financial guarantee covering the liability referred to in this article to the exten to determined by the Supervisory Authority, in accordanc with the Protocol.
CHAPTER VIII EFFECTS OF AN INTERNATIONAL INTEREST AS against THIRD parties article 29 Priority of competing interests 1. A registered interest has priority over any other interest subsequently registered and over an unregistered interest.
2. The priority of the first-mentioned interest under the preceding paragraph applies the: (a) even if the first-mentioned interest was acquired or registered with actual knowledge of the other interest; and

(b) even as regards value given by the holder of the first-mentioned interest with such knowledge.
3. The buyer of an object of its interest in acquir it: (a) subject to an interest registered at the time of its acquisition of that interest; and (b) free from an unregistered interest even if it has actual knowledge of such an interest.
4. The conditional buyer or lesse is it interested in acquir or right over that object: (a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and (b) free from an interest not so registered at that time even if it has actual knowledge of that interest.
5. The priority of competing interests or rights under this article may be varied by agreement between the holders of those interests, but an assigne of a subordinated interest is not bound by an agreement that interest the subordinat unless at the time of the assignment a subordination had been registered relating to that agreement.
6. Any priority given by this article to an interest in an object, extend it to proceed.
7. This Convention: (a) do not be affec the rights of a person in an item, other than an object, held prior to its installation on an object if under the applicable law those rights continue to exist after the installation; and (b) does not prevent the creation of rights in an item, other than an object, which has previously been installed on an object where under the applicable law those rights are created.
Article 30 effects of IRA 1. In proceedings of the IRA against the debtor an international interest is effective if prior to the IRA commencemen of the proceedings that interest was registered in conformity with this Convention.
2. Nothing in this article will impair the effectiveness of an international interest in the IRA proceedings where that interest is effective under the applicable law.
3. Nothing in this article: (a) Lady any rules of law applicable in proceedings relating to the IRA the avoidance of a transaction as a preference or a transfer in fraud of preparing; or (b) any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the IRA administrator.
CHAPTER IX ASSIGNMENTS OF ASSOCIATED RIGHTS AND INTERNATIONAL INTERESTS; Rights OF SUBROGATION article 31 effects of assignment 1. Except as otherwise agreed by the parties, an assignment of associated rights made in conformity with article 32 also transfers to the assigne: (a) the related international interest; and (b) all the interests and to the allocation of the assignor under this Convention.
2. Nothing in this Convention prevents a partial assignment of the assignor's associated rights. In the case of such a partial assignment the assignor and assigne a may agree as to their respectiv rights concerning the related international interest assigned under the preceding paragraph but not so sharp it adversely affec the debtor without its consent.
3. Subject to paragraph 4, the applicable law shall determin the defence and rights of set-off available to the debtor against the assigne.
4. The debtor may at any time by agreement in writing of all or any of waiv the defence and rights of set-off referred to in the preceding paragraph other than defence arising from of the ACTA fraudulen on the part of the assigne.
5. In the case of an assignment by way of security, the assigned associated rights to reves in the assignor, to the exten that the still subsisting ut300r2u, when the obligation is secured by the assignment have been discharged.
Article 32 Formal requirements of assignment 1. An assignment of associated rights transfers the related international interest only if it: (a) is in writing;
(b) enable the associated rights to be identified under the contract from which they «arise; and (c) in the case of an assignment by way of security, enable the obligation is secured by the assignment to be determined in accordanc with the Protocol but without the need to state a sum or maximum sum secured.
2. An assignment of an international interest created or provided for by a security agreement is not valid unless some or all of the related associated rights also are assigned.
3. This Convention does not apply to an assignment of the associated rights which is not effective to transfer the related international interest.
Article 33 Debtor's duty to assigne 1. To the exten to that associated rights and the related international interest have been transferred in accordanc with articles 31 and 32, the debtor in relations to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assigne, if but only if : (a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; and (b) the notice to identify the associated rights.
2. the Irrespectiv of any other ground on which payment or performance by the debtor discharge the latter from liability, payment or performance shall be effective for this purpose if made in accordanc with the preceding paragraph.
3. Nothing in this article shall be affec the priority of competing assignments.
Article 34 default remedies in respect of assignment by way of security In the event of default by the assignor under the assignment of the associated rights and the related international interest made by way of security, articles 8, 9 and 11 to 14 apply in the relations between the assignor and the assigne (and, in relations to the associated rights, apply in so far as those provision is capable of applications with their intangibl property) as if the reference : (a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment;
(b) the charge or chargor or debtor were preparing and reference it in the assigne and assignor;
(c) to the holder of the international interest were references to the assigne; and (d) to the object were references to the assigned associated rights and the related international interest.
Article 35 Priority of competing assignments 1. Where there are competing assignments of associated rights and at least one of the assignments includes the related international interest and is registered, the provision of article 29 apply as if the reference to a registered interest were references to an assignment of the associated rights and the related registered interest and as if the reference to a registered or unregistered interest were references to a registered or unregistered assignment.
2. Article 30 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest.
Article 36 Assigne's priority with respect to associated rights

1. The assigne of associated rights and the related international interest whose assignment has been registered only has priority under article 35 (1) over another assigne of the associated rights: (a) if the contract under which the associated rights «arise in States that they are secured by or associated with the object; and (b) to the exten the that the associated rights are related to an object.
2. For the purpose of subparagraph (b) of the preceding paragraph, associated rights are related to an object only to the exten that they be consis of rights to payment or performance that relate to: (a) a sum advanced and used for the purchase of the object;
(b) a sum advanced and used for the purchase of another object in which the assignor held another international interest if the assignor transferred that interest to the assigne and the assignment has been registered;
(c) the price payable for the object;
(d) the rentals payable in respect of the object; or (e) other obligations arising from a transaction referred to it in any of the preceding subparagraph.
3. In all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law.
Article 37 effects of assignor's IRA the provision of article 30 apply to IRA proceedings against the assignor as if references to the debtor were references to the assignor.
Article 38 Subrogation 1. Subject to paragraph 2, nothing in this Convention the Lady acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law.
2. The priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the interests of the United Nations but, respectiv assigne of a subordinated interest is not bound by an agreement that interest the subordinat unless at the time of the assignment a subordination had been registered relating to that agreement.
CHAPTER X rights OR interests subject TO declarations BY CONTRACTING States article 39 rights having priority without registration 1. A Contracting State may at any time, in a declaration deposited with the Depositary of the Protocol declare, generally or specifically: (a) those categories of non-consensual right or interest (other than a right or interest to which article 40 applies) which under that State's law have priority over an interest in an object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, in or outside the IRA whethers proceedings; and (b) that nothing in this Convention shall be affec the right of a State or State entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under the laws of that State for payment of such entities, it is non owed table organisation or provider directly relating to those services in respect of that object or another object.
2. A declaration made under the preceding paragraph may be expressed to cover categories that are created after the deposit of that declaration.
3. A non-consensual right or interest has priority over an international interest if and only if the former is of a category covered by a declaration deposited prior to the registration of the international interest.
4. Notwithstanding the preceding paragraph, a Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that a right or interest of a category covered by a declaration made under subparagraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of such ratification, acceptance, approval or accession.
Article 40 Registrabl non-consensual rights or interests A Contracting State may at any time in a declaration deposited with the Depositary of the Protocol list the categories of non-consensual right or interest which shall be registrabl under this Convention is as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly. Such a declaration may be modified from time to time.
CHAPTER XI APPLICATION OF the CONVENTION TO sales article 41 sale and prospective sale this Convention shall apply to the sale or prospective sale of an object as provided for in the Protocol with any modifications therein.
CHAPTER XII JURISDICTION article 42 choice of Forum 1. Subject to articles 43 and 44, the courts of a Contracting State chosen by the parties to a transaction have jurisdiction in respect of any claim under this Convention, brough whethers or not the chosen forum has a connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed to between the parties.
2. Any such agreement shall be in writing or otherwise concluded in accordanc with the formal requirements of the law of the chosen forum.
Article 43 Jurisdiction under article 13 1. The courts of a Contracting State chosen by the parties and the courts of the Contracting State on the territory of which the object is situated have jurisdiction to grant relief under article 13 (1) (a), (b), (c) and article 13 (4) in respect of that object.
2. Jurisdiction to grant relief under article 13 (1) (d) or other interim relief by virtue of article 13 (4) may be exercised either: (a) by the courts chosen by the parties; or (b) by the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceabl only in the territory of that Contracting State.
3. (A) the Court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in article 13 (1) or may take place will in a Court of another Contracting State or by arbitration.
Article 44 Jurisdiction to make orders against the Registrar 1. The courts of the place in which the Registrar has its centre of administration shall have exclusive jurisdiction to award for damage or make orders against the Registrar.
2. Where a person responds to a demand to file made under article 25 and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to the Procura discharge of the registration, the courts referred to in the preceding paragraph shall have exclusive jurisdiction, on the application of the debtor or intending debtor , to make an order directed to the Registrar requiring the Registrar to discharge the registration.

3. Where a person to comply with an order the file of a court having jurisdiction under this Convention or, in the case of a national interest, an order of a Court of competent jurisdiction requiring that person to the Procura the amendment or discharge of a registration, the courts referred to in paragraph 1 may direct the Registrar to take such steps as will give effect to that order.
4. Except as otherwise provided by the preceding paragraph, the Court may make orders or give judgment or ruling against or purporting to bind the Registrar.
Article 45 in respect of IRA Jurisdiction proceedings the provision of this Chapter are not applicable to proceedings in the IRA.
CHAPTER XIII RELATIONSHIP WITH OTHER CONVENTION article 45b of the Relationship with the United Nations Convention on the assignment of the receivable in international trade this Convention shall prevails over the United Nations Convention on the assignment of the receivable in international trade, opened for signature in New York on 12 December 2001, as it relate to the assignment of the receivable which the associated rights related to international interests in aircraft objects , railway rolling stock and space assets.
Article 46 Relationship with the UNIDROIT Convention on international financial leasing the Protocol may determin the relationship between this Convention and the UNIDROIT Convention on international financial leasing, signed at Ottawa on 28 May 1988, CHAPTER XIV FINAL PROVISION article 47 signature, ratification, acceptance, approval or accession 1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adop a mobile equipment Convention and an aircraft Protocol held at Cape Town from 29 October to 16 November 2001 November 2001 16, After the Convention shall be open to all States for signature at the headquarters of the International Institute for the Unification of private Law (UNIDROIT) in Rome until it enter into force in accordanc with article 49 2. This Convention shall be subject to ratification, acceptance or approval by States which have signed it. "3. Any State which does not sign this Convention may accede to it at any time.
4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depositary.
Article 48 Regional Economic Integration organisations 1. A Regional Economic Integration Organisation which is constituted by sovereign States and has competence over certain matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the exten to that that Organisation has competence over matters governed by this Convention. Where the number of Contracting States is relevant in this Convention, the Regional Economic Integration Organisation shall not count as a Contracting State in addition to its Member States which are Contracting States.
2. The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Regional Economic Integration Organisation shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.
3. Any reference to a "Contracting State" or "Contracting States" or "State Party" or "States parties" in this Convention applies equally to a Regional Economic Integration Organisation where the context so requires.
Article 49 Entry into force 1 this Convention. enter into force on the first day of the month following the expiration of three months after the date of the deposit of the third instrument of ratification, acceptance, approval or accession but only as regards a category of objects to which a Protocol applies: (a) as from the time of entry into force of that Protocol;
(b) subject to the terms of that Protocol; and (c) as between States parties to this Convention and that Protocol.
2. For other States this Convention enter into force on the first day of the month following the expiration of three months after the date of the deposit of their instrument of ratification, acceptance, approval or accession but only as regards a category of objects to which a Protocol applies and subject, in relations to such Protocol, to the requirements of subparagraph (a) , (b) and (c) of the preceding paragraph.
Article 50 Internal transactions 1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that this Convention shall not apply to a transaction which is an internal transaction in relations to that State with regard to all types of objects or some of them.
2. Notwithstanding the preceding paragraph, the provision of Article 8 (4), 9 (1), 16, Chapter V, article 19, and any provision of this Convention relating to registered interests shall apply to an internal transaction.
3. Where notice of a national interest has been registered in the International Registry, the priority of the holder of that interest under article 29 shall not be affected by the fact that such interest has become vested in another person by assignment or subrogation under the applicable law.
Article 51 future protocols 1. The Depositary may create working groups, in cooperation with such relevant non-governmental organisations as the Depositary to consider appropriate, to assess the feasibility of extending the application of this Convention, through one or more protocols, to objects of any category of high-value mobile equipment, other than a category referred to in article 2 (3), each member of which is uniquely identifiabl, and associated rights relating to such objects.
2. The Depositary shall communicate the text of any preliminary draft Protocol relating to a category of objects prepared by such a working group to all States parties to this Convention, all member States of the Depositary, member States of the United Nations which are not members of the Depositary and the relevant intergovernmental organisations, and shall invite such States and intergovernmental organisations to participat in negotiation for the completion of a draft Protocol on the basis of such a the preliminary draft Protocol.

3. The Depositary shall also communicate the text of any preliminary draft Protocol prepared by such a working group to such relevant non-governmental organisations as the Depositary to consider appropriate. Such non-governmental organisations shall be invited promptly to submit comments on the text of the preliminary draft Protocol to the Depositary and to participat as observer in the preparation of a draft Protocol.
4. When the competent bodies of the Depositary adjudge such a the draft Protocol ripe for adoption, the Depositary shall conven a diplomatic conference for its adoption.
5. Once such a Protocol has been adopted, subject to paragraph 6, this Convention shall apply to the category of objects covered thereby.
6. Article 45b States of this Convention applies to such a Protocol only if specifically provided for in that Protocol.
Article 52 Territorial units 1. If a Contracting State has territorial units in which different systems of law applicable in the relations to the matter deals with in this Convention, it may, at the time of ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time.
2. Any such declaration shall state expressly the territorial units to which this Convention applies.
3. If a Contracting State has not made any declaration under paragraph 1, this Convention shall apply to all territorial units of that State.
4. Where a Contracting State extend this Convention to one or more of its territorial units, declarations permitted under this Convention may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.
5. If by virtue of a declaration under paragraph 1, this Convention extend to one or more territorial units of a Contracting State: (a) the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which this Convention applies or if it has its registered office or statutory seat , Centre of administration, place of business or habitual residence in a territorial unit to which this Convention applies;
(b) any reference to the location of the object in a Contracting State refer to the location of the object in a territorial unit to which this Convention applies; and (c) any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which this Convention applies.
Article 53 Determination of courts A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare the relevant "Court" or "courts" for the purpose of article 1 and Chapter XII of this Convention.
Article 54 declarations regarding remedies 1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that while the charged object is situated within, or controlled from its territory the chargee shall not grant a lease of the object in that territory.
2. A Contracting State shall, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare whethers or not any remedy available to the preparing under any provision of this Convention which is not there expressed to require application to the Court may be exercised only with leave of the Court.
Article 55 declarations regarding relief pending final determination A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that it will not apply the provision of article 13 or article 43, or both, wholly or in part. The declaration shall specify under which conditions the relevant article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied.
Article 56 reservations and declarations 1. reservations may be made to this Convention but declarations authorised by articles 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60 may be made in accordanc with these provision.
2. Any declaration or subsequent declaration or any withdrawals of a declaration made under this Convention shall be notified in writing to the Depositary.
Article 57 subsequent declarations 1. A State Party may make a subsequent declaration, other than a declaration authorised under article 60, at any time after the date on which this Convention has entered into force for it, by notifying the Depositary to that effect.
2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depositary.
3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if from such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration.
Article 58 Withdrawals of declarations 1. Any State Party having made a declaration under this Convention, other than a declaration authorised under article 60, may withdraw it at any time by notifying the Depositary. Such attention is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary.
2. Notwithstanding the previous paragraph, this Convention shall continue to apply, as if from such withdrawals of declarations had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawals.
Article 59 Denunciation 1 Any State Party may denounc this Convention by notification in writing to the Depositary.
2. Any such denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which notification is received by the Depositary.
3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if from such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation.
Article 60 1 a Transitional provision Unless otherwise declared by a Contracting State at any time, the Convention does not apply to (a) pre-existing right or interest, which will retain the priority it enjoyed under the applicable law before the effective date of this Convention.
2. For the purpose of article 1 (g) and of determining priority under this Convention:

(a) "effective date of this Convention" means (a) the debtor in relations to time when this Convention enter into force or the time when the State in which the debtor is situated to become a Contracting State, whichever is the later; and (b) the debtor is situated in a State where it has its centre of administration or, if it has from the center of administration, its place of business or, if it has more than one place of business, its principal place of business or, if it has from the place of business, its habitual residence.
3. A Contracting State may in its declaration under paragraph 1 specify a date, not earlier than three years after the date on which the declaration become the effective, when this Convention and the Protocol will become applicable, for the purpose of determining priority, including the protection of any existing priority, to pre-existing rights or interests arising under an agreement made at a time when the debtor was situated in a State referred to in subparagraph (b) of the preceding paragraph but only to the exten to and in the manner specified in its declaration.
Article 61 Review conferences, amendments and related matters 1. The Depositary shall prepare reports yearly or at such other time as the Council may require circumstanc for the States parties as to the manner in which the international Regiment established in this Convention has operated in practice. In preparing such reports, the Depositary shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system.
2. At the request of not less than 25 per cent of the States parties, review conferences of the States parties shall be convened from time to time by the Depositary, in consultation with the Supervisory Authority, to consider: (a) the practical operation of this Convention and its effectiveness in facilitating the asset-based financing and leasing of the objects covered by its terms;
(b) the judicial interpretation given to, and the application made of the terms of this Convention and the regulations;
(c) the functioning of the international registration system, the performance of the Registrar and it will be by the Supervisory Authority oversigh, taking into account the reports of the Supervisory Authority; and (d) any modifications to this whethers Convention or the arrangements relating to the International Registry of the desirabl.
3. Subject to paragraph 4, any amendment to this Convention shall be approved by at least a two-thirds majority of States parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect of States which have ratified, accepted or approved such amendment when ratified, accepted, or approved by three States in accordanc with the provision of article 49 relating to its entry into force.
4. Where the proposed amendment to this Convention is intended to apply to more than one category of equipment, such amendment shall also be approved by at least a two-thirds majority of States parties to each Protocol that are participating in the Conference referred to in paragraph 2 Article 62 Depositary and its functions 1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of private Law (UNIDROIT) , which is hereby designated the Depositary.
2. The Depositary shall: (a) inform all Contracting States of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
(ii) the date of entry into force of this Convention;
(iii) each declaration made in accordanc with this Convention, together with the date thereof;
(iv) the amendment of any declaration or attention, together with the date thereof; and (v) the notification of any denunciation of this Convention together with the date thereof and the date on which it takes effect;
(b) transmit certified true cop to of this Convention to all Contracting States;
(c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawals or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information therein is easily and fully available led; and (d) perform such other functions customary for depositar.
In WITNESS WHEREOF the undersigned, having been duly authorised to Plenipotentiar, have signed this Convention.
Done at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the joint secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.
 
Protocol to the Convention on international interests in mobile equipment on matters specific to aircraft equipment the States parties TO this PROTOCOL, CONSIDERING it not the cessary implementations that the Convention on international interests in mobile equipment (hereinafter referred to as "the Convention") as it relate to aircraft equipment, in the light of the purpose of the set out in the preamble to the Convention , MINDFUL of the need to adap the Convention to meet the particular requirements of aircraft finance and to extend the sphere of application of the Convention to include contracts of sale of aircraft equipment, MINDFUL of the principles and objective of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, have AGREED upon the following provision relating to the aircraft equipment : CHAPTER I sphere OF APPLICATION AND GENERAL PROVISION of article I Defined terms 1. In this Protocol, except where the context otherwise requires, terms used in it have the meaning set out in the Convention.
2. In this Protocol the following terms are employed with the meaning set out below: (a) "aircraft" means aircraft as defined for the purpose of the Chicago Convention which are either airfram's with aircraft engines installed thereon or helicopter;
(b) "aircraft engines" means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and: (i) in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent; and (ii) in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent, together with all modules installed, incorporated or attached and others accessories, parts and equipment and all data, manuals and records relating theret;
(c) "aircraft objects" means airfram, aircraft engines and helicopter;

(d) "aircraft register" means a register maintained by a State or a common mark registering authority for the purpose of the Chicago Convention;
(e) ' airfram ' means airfram (other than those used in military, customs or police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport: (i) at least eight (8) persons including crew; or (ii) goods in excess of 2750 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating theret;
(f) "authorised party" means the party referred to in article XIII (3);
(g) "Chicago Convention" means the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, as amended, and its Annex;
(h) "common mark registering authority" means the authority maintaining a register in accordanc with article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December 1967 by the Council of the International Civil Aviation Organisation on nationality and registration of aircraft operated by international operating agencies;
(i) "de-registration of the aircraft" means deletion or removal of the registration of the aircraft from its aircraft register in accordanc with the Chicago Convention;
(j) "guarantee contract" means a contract entered into by a person as guarantor;
(k) "guarantor" means a person who, for the purpose of assuring performance of any obligations in favour of preparing a secured by a security agreement or under an agreement, give or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance;
(l) "helicopter" means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reaction of the air on one or more power-driven rotors on substantially vertical axis and which with the type certified by the competent aviation authority to transport: (i) at least five (5) persons including crew; or (ii) goods in excess of 450 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating theret;
(m) "the IRA-related event" means: (i) the IRA commencemen of the proceedings; or (ii) the declared intention to suspend or actual suspension of payments by the debtor where the preparing's right to institute proceedings against the IRA the debtor or to exercise remedies under the Convention is prevented or suspended by law or State action;
(n) "primary IRA jurisdiction" means the Contracting State in which the Centre of the debtor's main interests is situated, which for this purpose shall be deemed to be the place of the debtor's statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise by the;
(o) "registry authority" means the national authority or the common mark registering authority, the maintaining an aircraft register in a Contracting State and responsible for the registration and de-registration of an aircraft in accordanc with the Chicago Convention; and (p) "State of registry" means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register.
Article II Application of Convention as regards aircraft objects 1. The Convention shall apply in the relations to aircraft objects as provided by the terms of this Protocol.
2. The Convention and this Protocol shall be known as the Convention on international interests in mobile equipment as applied to aircraft objects.
Article III Application of Convention to sales the following provision of the Convention apply as if references to an agreement creating or providing for an international interest were references to a contract of sale and as if references to an international interest, a prospective international interest, the debtor and the were preparing reference it a sale, a prospective sale, the seller and the buyer respectively :-articles 3 and 4, – article 16 (1) (a), – article 19 (4) – article 20 (1) (as regards registration of a contract of sale or a prospective sale),-article 25 (2) (as regards a prospective sale), and-article 30.
In addition, the general provision of article 1, article 5, Chapter IV to VII, article 29 (other than article 29 (3) which is replaced by article XIV (1) and (2)), Chapter X, Chapter XII (other than article 43), Chapter XIII and Chapter XIV (other than article 60) shall apply to contracts of sale and prospective sale.
Article IV the sphere of applications 1. Without prejudice to article 3 (1) of the Convention, the Convention shall also apply in relations to a helicopter, or an airfram of them pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made to an agreement for pursuan registration of the aircraft it is deemed to have been effected at the time of the agreement.
2. For the purpose of the definition of "internal transaction" in article 1 of the Convention: (a) an airfram is located in the State of registry of the aircraft of which it is a part;
(b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and (c) a helicopter is located in its state of registry, at the time of the conclusion of the agreement creating or providing for the interest.
3. The parties may, by agreement in writing, exclude the application of article XI and, in their relations with each other, or vary the derogat from the effect of any of the provision of this Protocol except article IX (2)-(4).
Article V Formalit, effects and registration of contracts of sale For the purpose of 1 of this Protocol, a contract of sale is one which: (a) is in writing;
(b) relate to an aircraft object of which the seller has power to dispos; and (c) enable the aircraft object to be identified in conformity with this Protocol.
2. A contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms.
3. the Registration of a contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged or until the expiry of the period, if any, specified in the registration.
Article VI representative capacities to (A) A person may enter into an agreement or a sale, and register an international interest in, or a sale of, an aircraft object, in an agency, trust or other representative capacity. In such case, the person is entitled to rights and interests the asser under the Convention.
Article VII Description of aircraft objects

(A) a description of an aircraft object that contains its manufacturer's serial number, the name of the manufacturer and its model designation is not sufficient the cessary and identify the object for the purpose of article 7 (c) of the Convention and article V (1) (c) of this Protocol.
Article VIII choice of law 1. This article applies only where a Contracting State has made a declaration to article pursuan XXX (1).
2. The parties to an agreement, or a contract of sale, or a related guarantee contract or subordination agreement may agree on the law which is to govern their contractual rights and obligations, wholly or in part Unless the 3 otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties is to the domestic rules of law of the designated State or , where that State's several territorial units compris, to the domestic law of the designated territorial unit.
CHAPTER II default remedies, ALLOCATION AND assignments article IX Modification of default remedies provision 1. In addition to the remedies specified in Chapter III of the Convention, the preparing may, to the exten to that the debtor has at any time so agreed and in the specified in that Chapter of circumstanc: (a) the Procura de-registration of the aircraft; and (b) the Procura export and physical transfer of the aircraft object from the territory in which it is situated.
2. The shall not exercise preparing the remedies specified in the preceding paragraph without the prior consent in writing of the of the holder of any registered interest ranking in priority to that of the preparing.
3. Article 8 (3) of the Convention shall not apply to aircraft objects. Any remedy given by the Convention in relations to an aircraft object shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the agreement except where such a provision is manifestly unreasonabl.
4. A chargee giving 10 or more working days ' prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing "reasonable prior notice" specified in article 8 (4) of the Convention. The foregoing shall not prevent a chargee and a guarantor from agreeing a charger to a longer period of prior notice.
5. The registry authority in a Contracting State shall, subject to any applicable safety laws and regulations, honour a request for de-registration and export if: (a) the request is properly submitted by the authorised party under a recorded irrevocabl de-registration and export request authorisation; and (b) the party to the authorised certif registry authority, if required by that authority, that all registered interests ranking in priority to that of the preparing in whose favour the authorisation has been issued have been discharged or that the holders of such interests have consented to the de-registration and export.
6. A chargee proposing to the Procura de-registration and export of an aircraft under paragraph 1 otherwise than to a court warrant pursuan shall give reasonable prior notice in writing of the proposed de-registration and export to: (a) interested persons specified in article 1 (m) (i) and (ii) of the Convention; and (b) interested persons specified in article 1 (m) (iii) of the Convention who have given notice of their rights to the chargee within a reasonable time prior to the de-registration and export.
Article X Modification of a provision regarding relief pending final determination 1. This article applies only where a Contracting State has made a declaration under article XXX (2) and to the exten the stated in such declaration.
2. For the purpose of article 13 (1) of the Convention, "speedy" in the context of obtaining relief means within such number of working days from the date of filing of the application for relief as is specified in a declaration made by the Contracting State in which the application is made.
3. Article 13 (1) of the Convention applies with the following being added immediately after subparagraph (d): "(e) if at any time the debtor and the preparing specifically agree, sale and application of proceed therefrom", and in article 43 (2) applies with the insertion after the words "article 13 (1) (d)" of the word "and" (e).
4. Ownership or any other interest of the debtor passing on a sale under the preceding paragraph is free from any other interest over which the preparing's international interest has priority under the provision of article 29 of the Convention.
5. The preparing and the debtor or any other interested person may agree in writing to exclude the application of article 13 (2) of the Convention.
6. With regard to the remedies in article IX (1): (a) they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State from the later than five working days after the notifu to such authorities preparing that the relief specified in article IX (1) is granted or, in the case of relief granted by a foreign court , recognised by a Court of that Contracting State, and that the IR of the Procura entitled preparing those remedies in accordanc with the Convention; and (b) the applicable authorities shall expeditiously cooperate with and assist the preparing in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.
7. Paragraphs 2 and 5 shall not be affec any applicable aviation safety laws and regulations.
Article XI remedies on the IRA 1. This article applies only where a Contracting State that is the primary jurisdiction and the IRA has made a declaration to article pursuan XXX (3).
Alternative (A) 2. Upon the occurrence of an IRA-related event, the IRA administrator or the debtor, as applicable, shall, subject to paragraph 7, give possession of the aircraft object to the preparing of the later than the earlier of: (a) the end of the waiting period; and (b) the date on which the would be entitled preparing the possession of the aircraft object if this article did not apply.
3. For the purpose of this article, the "waiting period" shall be the period specified in a declaration of the Contracting State which is the primary jurisdiction and the IRA.
4. The reference in the article to the "IRA administrator" shall be to that person in its official, not in its personal, capacity.
5. Unless and until the preparing is given the opportunity to take possession under paragraph 2: (a) the IRA administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordanc with the agreement; and (b) shall be entitled the preparing to apply for any other forms of interim relief available under the applicable law.

6. Subparagraph (a) of the preceding paragraph shall not preclud the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain it and its value.
7. The IRA administrator or the debtor, as applicable, may retain possession of the aircraft object where, by the time specified in paragraph 2, it has cured all defaults other than a default constituted by the opening of the proceedings and has agreed to the IRA perform all future obligations under the agreement. A second waiting period shall not apply in respect of a default in the performance of such future obligations.
8. With regard to the remedies in article IX (1): (a) they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, no later than five working days after the date on which the notifu to such authorities preparing that it is entitled to the Procura those remedies in accordanc with the Convention; and (b) the applicable authorities shall expeditiously cooperate with and assist the preparing in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.
9. From the exercise of remedies permitted by the Convention or this Protocol may be prevented or delayed after the date specified in paragraph 2. Of 10 obligations of the debtor under the agreement may be modified without the consent of the preparing.
11. Nothing in the preceding paragraph shall be construed to be affec the authority, if any, of the IRA administrator under the applicable law to terminate the agreement.
12. rights or interests, except for non-consensual rights or interests of a category covered by a declaration to article 39 pursuan (1), shall have priority in proceedings over registered interests and the IRA.
13. The Convention as modified by article IX of this Protocol shall apply to the exercise of any remedies under this article.
Alternative B 2. Upon the occurrence of an IRA-related event, the IRA administrator or the debtor, as applicable, upon the request of the preparing, shall give notice to the preparing within the time specified in a declaration of a Contracting State pursuan to article XXX (3) whethers it will: (a) cure all defaults other than a default constituted by the opening of the proceedings and the IRA agree to perform all future obligations in , under the agreement and related transaction documents; or (b) give the preparing the opportunity to take possession of the aircraft object, in accordanc with the applicable law.
3. The applicable law referred to in subparagraph (b) of the preceding paragraph may permit the Court to require the taking of any additional step or the provision of any additional guarantee.
4. preparing shall provide the evidence of its claims and proof that its international interest has been registered.
5. If the IRA administrator or the debtor, as applicable, does not give notice in conformity with paragraph 2, or when the IRA administrator or the debtor has declared that it will give the preparing the opportunity to take possession of the aircraft object but the file to do so, the Court may permit the preparing to take possession of the aircraft object upon such terms as the Court may order and may require the taking of any additional step or the provision of any additional guarantee.
6. The aircraft object shall not be sold pending a decision by a court regarding the claim and the international interest.
Article XI IRA assistance 1. This article applies only where a Contracting State has made a declaration to article pursuan XXX (1).
2. The courts of a Contracting State in which an aircraft object is situated shall, in accordanc with the law of the Contracting State, cooperate to the maximum possible with foreign courts be exten and foreign IRA administrator in carrying out the provision of article article XIII XII. De-registration and export request authorisation 1. This article applies only where a Contracting State has made a declaration to article pursuan XXX (1).
2. Where the debtor has issued an irrevocabl de-registration and export request authorisation substantially in the form annexed to this Protocol and has submitted such authorisation for recordation to the registry authority, that authorisation shall be so recorded.
3. The person in whose favour the authorisation has been issued (the "authorised party") or it shall be certified by the designe sole person entitled to exercise the remedies specified in article IX (1) and may do so only in accordanc with the authorisation and applicable aviation safety laws and regulations. Such authorisation may not be revoked by the debtor without the consent in writing of the authorised party. The registry authority shall remove an authorisation from the registry at the request of the authorised party.
4. The registry authority and other administrative authorities in Contracting States shall expeditiously cooperate with and assist the authorised party in the the exercise of the remedies specified in article IX. Article XIV Modification of priority provision of 1 A buyer of an aircraft object under a registered sale acquir it interested in that object free from an interest subsequently registered and from an unregistered interest , even if the buyer has actual knowledge of the unregistered interest.
2. A buyer of an aircraft object of its interest in acquir that object subject to an interest registered at the time of its acquisition.
3. Ownership of or another right or interest in an aircraft engine shall not be affected by its installation on or removal from an aircraft.
4. Article 29 (7) of the Convention applies to an item, other than an object, installed on an airfram, aircraft engine or helicopter.
Article XV Modification of assignment provision of article 33 (1) of the Convention applies as if the following were added immediately after subparagraph (b) and (c) the debtor has consented in writing, or not the whethers consent is given in advance of the assignment or the need to assigne. "
Article XVI Debtor provision 1. In the absence of a default within the meaning of article 11 of the Convention, the debtor shall be entitled to the quiet possession and use of the object in accordanc with the agreement as against: (a) it is preparing and the holder of any interest from which the debtor takes free pursuan to article 29 (4) of the Convention or, in the capacity of buyer , Article XIV (1) of this Protocol, unless and to the exten the that the debtor has otherwise agreed; and (b) the holder of any interest to which the debtor's right or interest is subject to article 29 pursuan (4) of the Convention or, in the capacity of buyer, article XIV (2) of this Protocol, but only to the exten, if any, that such holder has agreed.

2. Nothing in the Convention or this Protocol the liability of a lady preparing for any breach of the agreement under the applicable law in so far as that agreement relate to an aircraft object.
CHAPTER III REGISTRY PROVISION RELATING TO THEIR INTERNATIONAL interests IN aircraft objects article XVII, the Supervisory Authority and the Registrar 1. The Supervisory Authority shall be the international entity designated by a Resolution adopted by the Diplomatic Conference to Adop a mobile equipment Convention and an aircraft Protocol.
2. Where the international entity referred to in the preceding paragraph is not able and willing to act as Supervisory Authority, a Conference of Signatory and Contracting States shall be convened by another Supervisory Authority the designat.
3. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise.
4. The Supervisory Authority may establish a commission of experts, from among persons nominated by Signatory and Contracting States and having the cessary qualifications and experience, and entrust it with the task of assisting the Supervisory Authority in the discharge of its functions.
5. The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of this Protocol. Thereafter, the Registrar shall be appointed or reappointed at regular five-yearly intervals by the Supervisory Authority.
Article XVIII the first regulations the first regulations shall be made by the Supervisory Authority so as to take effect upon the entry into force of this Protocol.
Article XIX Designated entry points 1. Subject to paragraph 2, a Contracting State may at any time an entity or entities to designat in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under article 40 in either case arising under the law of another State.
2. A designation made under the preceding paragraph may permit, but not compel, use of a designated entry point or entry points for information required for registration in respect of aircraft engines.
Article XX Additional modifications to Registry provision 1. For the purpose of article 19 (6) of the Convention, the search criteria for an aircraft object shall be the name of its manufacturer, its manufacturer's serial number and model designation, though not sharp it is supplemented cessary ensur uniquenes. Such supplementary information shall be specified in the regulations.
2. For the purpose of article 25 (2) of the Convention and in the of there described, circumstanc the holder of a registered prospective international interest or a registered prospective assignment of an international interest in or the person in whose favour a prospective sale has been registered shall take such steps as are within its power to Procura the discharge of the registration of the later than five working days after the receipt of the demand described in such paragraph.
3. The fees referred to in article 17 (2) (h) of the Convention shall be determined so as to recover the reasonable costs of establishing, operating and regulating the International Registry and the reasonable costs of the Supervisory Authority associated with the performance of the functions, the exercise of the powers, and discharge of the duties contemplated by article 17 (2) of the Convention.
4. The centralised functions of the International Registry shall be operated and administered by the Registrar on a 24-hour basis. The various entry points shall be operated at least during working hours in their territories the respectiv.
5. The amount of the insurance or financial guarantee referred to in article 28 (4) of the Convention shall, in respect of each event, not be less than the maximum value of an aircraft object as determined by the Supervisory Authority.
6. Nothing in the Convention shall preclud the Registrar from procuring insurance or a financial guarantee covering events for which the Registrar is not liabl is under article 28 of the Convention.
CHAPTER IV JURISDICTION article XXI Modification of jurisdiction For the purpose of the provision of article 43 of the Convention and subject to article 42 of the Convention, a Court of a Contracting State also has jurisdiction where the object is a helicopter, or an airfram pertaining to an aircraft, the for which that State is the State of registry.
Article XXII Waiver of sovereign immunity 1. Subject to paragraph 2, a waiver of sovereign immunity from the jurisdiction of the courts specified in article 42 or article 43 of the Convention or relating to enforcement of rights and interests relating to an aircraft object under the Convention shall be binding and, if the other conditions to such jurisdiction or enforcement have been satisfied , shall be effective to confer jurisdiction and permit enforcement, as the case may be.
2. A waiver under the preceding paragraph must be in writing and contain a description of the aircraft object.
CHAPTER V RELATIONSHIP WITH OTHER CONVENTION article XXIII Relationship with the Convention on the international recognition of rights in aircraft the Convention shall, for a Contracting State that is a party to the Convention on the international recognition of rights in aircraft, signed at Geneva on 19 June 1948, that the Convention as it supersed relate to aircraft, as defined in this Protocol , and to aircraft objects. However, with respect to rights or interests not covered or affected by the present Convention, the Geneva Convention shall not be superseded.
Article XXIV Relationship with the Convention for the unification of certain rules relating to the attachment of the banks aircraft 1. The Convention shall, for a Contracting State that is a Party to the Convention for the unification of certain rules relating to the attachment of the banks in aircraft, signed at Rome on 29 May 1933, that the Convention as it supersed relate to aircraft, as defined in this Protocol.
2. A Contracting State Party to the Convention may declare above, at the time of ratification, acceptance, approval of, or accession to this Protocol, that it will not apply this article.
Article XXV Relationship with the UNIDROIT Convention on international financial leasing the Convention shall supersed the UNIDROIT Convention on international financial leasing, signed at Ottawa on 28 May 1988, as it relate to aircraft objects.
CHAPTER VI FINAL PROVISION Article XXVI signature, ratification, acceptance, approval or accession

1. This Protocol shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adop a mobile equipment Convention and an aircraft Protocol held at Cape Town from 29 October to 16 November 2001 November 2001 16, After this Protocol shall be open to all States for signature at the headquarters of the International Institute for the Unification of private Law (UNIDROIT) in Rome until it enter into force in accordanc» with Article XXVIII. This Protocol shall be 2 subject to ratification, acceptance or approval by States which have signed it. "3. Any State which does not sign this Protocol may accede to it at any time.
4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depositary.
5. A State may not become a Party to this Protocol unless it is or will become a Party of the also to the Convention.
Article XXVII Regional Economic Integration organisations 1. A Regional Economic Integration Organisation which is constituted by sovereign States and has competence over certain matters governed by this Protocol may similarly sign, accept, approve or accede to this Protocol. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the exten to that that Organisation has competence over matters governed by this Protocol. Where the number of Contracting States is relevant in this Protocol, the Regional Economic Integration Organisation shall not count as a Contracting State in addition to its Member States which are Contracting States.
2. The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by this Protocol in respect of which competence has been transferred to that Organisation by its Member States. The Regional Economic Integration Organisation shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.
3. Any reference to a "Contracting State" or "Contracting States" or "State Party" or "States parties" in this Protocol applies equally to a Regional Economic Integration Organisation where the context so requires.
Article XXVIII Entry into force 1 this Protocol enter. into force on the first day of the month following the expiration of three months after the date of the deposit of the instrument of ratification/8, acceptance, approval or accession, between the States which have deposited such instrument.
2. For other States this Protocol will enter into force on the first day of the month following the expiration of three months after the date of the deposit of its instrument of ratification, acceptance, approval or accession.
Article XXIX Territorial units of a Contracting State If 1 has territorial units in which different systems of law applicable in the relations to the matter deals with in this Protocol, it may, at the time of ratification, acceptance, approval or accession, declare that this Protocol is to extend to all its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time.
2. Any such declaration shall state expressly the territorial units to which this Protocol applies.
3. If a Contracting State has not made any declaration under paragraph 1, this Protocol shall apply to all territorial units of that State.
4. Where a Contracting State extend this Protocol to one or more of its territorial units, declarations permitted under this Protocol may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.
5. If by virtue of a declaration under paragraph 1, this Protocol extend to one or more territorial units of a Contracting State: (a) the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which the Convention and this Protocol apply or if it has its registered office or statutory seat , Centre of administration, place of business or habitual residence in a territorial unit to which the Convention and this Protocol apply;
(b) any reference to the location of the object in a Contracting State refer to the location of the object in a territorial unit to which the Convention and this Protocol apply; and (c) any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which the Convention and this Protocol apply and any reference to the national register or to the registry authority in that Contracting State shall be construed as referring to the aircraft register in force or to the registry authority having jurisdiction in the territorial unit or units to which the Convention and This Protocol apply.
Article XXX declarations relating to certain provision A Contracting State 1 may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply any one or more of articles VIII, XII and XIII of this Protocol.
2. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply article X of this Protocol, wholly or in part. "If it's with respect to declare so to the article X (2), it shall specify the time-period required thereby.
3. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply the entirety of alternative A, or the entirety of alternative B of article XI and, if so, shall specify the types of proceedings, if any, and the IRA to which it will apply alternative A and the types of proceedings and the IRA , if any, to which it will apply alternative b. A Contracting State making a declaration to this paragraph pursuan shall specify the time-period required by article XI. 4. The courts of Contracting States shall apply article XI in conformity with the declaration made by the Contracting State which is the primary jurisdiction and the IRA.
5. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will not apply the provision of article XXI, wholly or in part. The declaration shall specify under which conditions the relevant article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied.
Article XXXI declarations under the Convention

Declarations made under the Convention, including those made under articles 39, 40, 50, 53, 54, 55, 57, 58 and 60 of the Convention, shall be deemed to have also been made under this Protocol unless stated otherwise in the.
Article XXXII reservations and declarations 1. reservations may be made to this Protocol but declarations authorised by articles XXIV, XXIX, XXX, XXXI, XXXIII and XXXIV may be made in accordanc with these provision.
2. Any declaration or subsequent declaration or any withdrawals of a declaration made under this Protocol shall be notified in writing to the Depositary.
Article XXXIII subsequent declarations 1. A State Party may make a subsequent declaration, other than a declaration made in accordanc with article XXXI under article 60 of the Convention, at any time after the date on which this Protocol has entered into force for it, by notifying the Depositary to that effect.
2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary.
Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depositary.
3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if from such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration.
Article XXXIV Withdrawals of declarations 1. Any State Party having made a declaration under this Protocol, other than a declaration made in accordanc with article XXXI under article 60 of the Convention, may withdraw it at any time by notifying the Depositary. Such attention is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary.
2. Notwithstanding the previous paragraph, this Protocol shall continue to apply, as if from such withdrawals of declarations had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawals.
Article XXXV Denunciation 1 Any State Party may denounc this Protocol by notification in writing to the Depositary.
2. Any such denunciation shall take effect on the first day of the month following the expiration of 12 months after the date of receipt of the notification by the Depositary.
3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if from such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation.
Article XXXVI Review conferences, amendments and related matters 1. The Depositary, in consultation with the Supervisory Authority, shall prepare reports yearly, or at such other time as the Council may require, circumstanc for the States parties as to the manner in which the international regime established in the Convention as amended by this Protocol has operated in practice. In preparing such reports, the Depositary shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system.
2. At the request of not less than 25 per cent of the States parties, review conferences of the States parties shall be convened from time to time by the Depositary, in consultation with the Supervisory Authority, to consider: (a) the practical operation of the Convention as amended by this Protocol and its effectiveness in facilitating the asset-based financing and leasing of the objects covered by its terms;
(b) the judicial interpretation given to, and the application made of the terms of this Protocol and the regulations;
(c) the functioning of the international registration system, the performance of the Registrar and it will be by the Supervisory Authority oversigh, taking into account the reports of the Supervisory Authority; and (d) any modifications to this whethers Protocol or the arrangements relating to the International Registry of the desirabl.
3. Any amendment to this Protocol shall be approved by at least a two-thirds majority of States parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect of States which have ratified, accepted or approved such amendment when it has been ratified, accepted or approved by eight States in accordanc with the provision of Article XXVIII relating to its entry into force.
Article XXXVII Depositary and its functions 1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of private Law (UNIDROIT), which is hereby designated the Depositary.
2. The Depositary shall: (a) inform all Contracting States of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
(ii) the date of entry into force of this Protocol;
(iii) each declaration made in accordanc with this Protocol, together with the date thereof;
(iv) the amendment of any declaration or attention, together with the date thereof; and (v) the notification of any denunciation of this Protocol together with the date thereof and the date on which it takes effect;
(b) transmit certified true cop out of this Protocol to all Contracting States;
(c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawals or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information therein is easily and fully available led; and (d) perform such other functions customary for depositar.
In WITNESS WHEREOF the undersigned, having been duly authorised to Plenipotentiar, have signed this Protocol.
Done at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the joint secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.
--------------------------------------------------ANNEX a FORM OF IRREVOCABL DE-REGISTRATION AND export request AUTHORISATION Annex referred to in article XIII [insert date] To: [insert name of Registry Authority] Re: Irrevocabl De-Registration and export request Authorisation

The undersigned is the registered [operator] [owner] (*) of the [insert the airfram/helicopter manufacturer name and model number] bearing manufacturers serial number [insert manufacturer's serial number] and registration [number] [mark] [insert registration number/mark] (together with all installed, incorporated or attached accessories, parts and equipment, the ' aircraft ').
This instrument is an irrevocabl de-registration and export request authorisation issued by the undersigned in favour of [insert name of preparing] (' the authorised party ') under the authority of article XIII of the Protocol to the Convention on international interests in mobile equipment on matters specific to aircraft equipment. In accordanc with that article, the undersigned hereby requests the: (i) recognition that the authorised party or the person it to as it is designe certif is the sole person entitled to: (a) the Procura de-registration of the aircraft from the [insert name of aircraft register] maintained by the [insert name of registry authority] for the purpose of Chapter III of the Convention on international civil aviation , signed at Chicago on 7 December 1944, and (b) the Procura export and physical transfer of the aircraft from [insert name of country]; and (ii) confirmation that the authorised party or the person it to its axles of certif designe may take the action specified in clause (i) above on written demand without the consent of the undersigned and that, upon such demand, the authorities in [insert name of country] shall cooperate with the authorised party with a view to the speedy completion of such action.
The rights in favour of the authorised party established by this instrument may not be revoked by the undersigned without the written consent of the authorised party.
Please acknowledg your agreement to this request and its terms by appropriate notation in the space provided below and lodging this instrument in [insert name of registry authority].
[insert name of the operator/owner]
Agreed to and lodged this By: [insert name of signatory] [insert date] In: [insert title of signatory] [insert relevant notational details] Convention on international guarantees in relation to mobile equipment, the Member States of this Convention, conscious of the need to acquire and use mobile equipment with high value or particular economic significance and to contribute to the financing of the acquisition of such equipment and the effective use, recognizing the asset-based financing and leasing advantages for this purpose and desiring to facilitate such transactions by developing clear rules to regulate it, taking care of the need to ensure that the guarantees furnished in respect of such facilities would be established and protected, desiring to ensure broad and mutual economic benefits for all stakeholders, believing that such rules should reflect the principles underlying asset-based financing and leasing, and to promote the autonomy of the parties in these transactions, conscious of the need to establish the legal framework for international guarantees given in respect of that equipment and for this purpose to have an international registration system for their protection in the light of the objectives and principles defined in existing conventions concerning such equipment, have agreed upon the following provisions.
Chapter I scope of application and general provisions article 1 definitions for the purposes of this Convention, unless the context requires otherwise, the following terms are used in the following meaning: a) "agreement" means an agreement for the enforcement of obligations, the contract for the reservation of ownership or lease;
b) "assignment" means a contract by which the transferee of collateral in the form of an assignment or otherwise grant rights to the item with or without appropriate international guarantees the transfer;
c) "associated rights" means all rights to payment or other obligations from the customer side, in accordance with the Treaty, which is to ensure or associated with the subject;
(d)) "insolvency proceedings" means the time at which the insolvency process count started in accordance with the existing legislation on insolvency;
e) "potential buyer" means a purchaser under contract for the reservation of ownership;
(f)) "the potential seller" means a seller under contract for the reservation of ownership;
g) "purchase agreement" means an agreement whereby a seller to the buyer sells some items which are not defined in paragraph (a));
h) "Court" means the Court of general jurisdiction or administrative court, or Tribunal, set up by the Contracting State;
I) "creditor" means a security worker in accordance with the agreement on the implementation of commitments, the potential seller under contract for the reservation of ownership or a lessor under a lease agreement;
j) "customer" means the collateral in accordance with the agreement on the implementation of commitments, the potential purchaser under contract for the reservation of ownership, the lessee under the lease agreement or a person whose right to object is burdened by a registrable non-contractual rights or claims;
k) "insolvency administrator" means a person who is authorized to manage the reorganisation or winding-up proceedings, including the person appointed at the time, and it can be customer owned, if permitted by applicable law for the insolvency process;
l) "insolvency proceedings" means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the debtor's assets and economic activity are subject to control or supervision by a court for the purpose of reorganisation or liquidation;
m) "interested persons" means: (i));
II) any person who for the purpose of ensuring compliance with any of the commitments given in favour of the creditor or a surety or guarantee or letter of credit, or any other type of loan collateral;
III) any other person who has the right to object;
n) "internal transaction" means a transaction referred to in article 2, paragraph 2 (a) to (c))) if all of the parties to the transaction centre of main interests and the corresponding transaction object at the time of conclusion of the contract is located (as specified in the Protocol) in the same Contracting State and if the deal would guarantee is registered in the register of the Contracting State that made the Declaration in accordance with paragraph 1 of article 50;
o) "international warranty" is a guarantee that the creditor is provided and covered by article 2;
p) "international register" means the international registration services, created this Convention or the Protocol;

q) "lease contract" means a contract by which one person (the lessor) grants to another person (the lessee) the right to possession of any object or control (with or without the option to buy) to rent or other payment;
r) "national security" is a guarantee that provides the creditor with respect to the subject matter and an internal transaction covered by a declaration in accordance with paragraph 1 of article 50;
s) "non-contractual rights or guarantees" the rights or guarantees are granted in accordance with the national legislation, which has submitted a notification in accordance with article 39 to ensure, including against the State, national public authority or intergovernmental organization or a private organization;
t) for "national guarantee" is a statement that is registered or that is to be recorded in the international register, that provides national warranty;
u) ' object ' is the thing that belongs to one of the categories in accordance with article 2;
v) "pre-existing right or warranties" means any rights or warranties with respect to the subject matter, which is encountered or until the entry into force of this Convention for the date set in article 60 (2) (a));
w) "remuneration" means money or other remuneration in connection with the subject of total or partial loss, physical destruction or its total or partial confiscation, expropriation or requisition;
x) "conditional sale" means the sale, which is expected to be implemented in the future, when a specific event occurs, regardless of whether the conviction of the occurrence of an event;
y) "conditional international warranty" means the warranty is intended to create or provide for an object as an international guarantee of the future, after a specific event (including the fact that the customer may obtain any rights to that object), regardless of whether the conviction of the occurrence of an event;
z) "conditional sale" means the sale, which is expected to take in the future, when a specific event occurs, regardless of whether the conviction of membership of this event;
AA) "Protocol" means, in relation to any category of object and associated rights to which this Convention applies, is a protocol that applies to the subject of the category and the related rights;
BB) "registered" is recorded in the international register in accordance with chapter V;
CC) "registered warrant" is an international guarantee to register non-contractual rights or guarantees or national security referred to in the notice of domestic guarantee established in accordance with chapter V;
DD) "registrable non-contractual right or guarantee" is a non-contractual right or guarantee subject to registration in accordance with the Declaration, which was deposited in accordance with article 40;
EE) "Registrar" concerning the Protocol means the person or body designated or appointed under this Protocol in accordance with article 17, paragraph 2 (b));
FF) "rules" are the rules developed by or approved by the supervisory authority under the Protocol;
Gg) "sales" is the subject of a transfer of ownership in accordance with the purchase agreement;
HH) "secured obligations" means the obligations which ensure with collateral (guarantee);
(ii)) "the agreement on the enforcement of obligations" means a contract under which a collateral provider grants or agrees to grant security to the worker any rights (including ownership) on the subject, to ensure your or a third party of any existing or future obligations;
JJ) "performance bonds" is a right established by the agreement on the implementation of commitments;
KK) "supervisory authority", in relation to the Protocol's supervisory authority referred to in article 17, paragraph 1;
LL) "title reservation agreement" means a contract for sale of the subject, provided that the transfer of ownership is not transferred to the following conditions laid down or condition;
mm) "non-guarantee" is a contractual guarantee or non-contractual right or guarantee (except for the guarantee, subject to article 39) that has not been registered, whether under this Convention or not it is to be registered;
nn) "writing" means the information (including by electronic means information sent) notation, which is made in the material, or in another form, and which can then be reproduced in material form, and with a reasonable means to indicate consent to sign up.
2. Article 1 of the international warranty with this Convention establishes an international guarantee for the creation and effects on certain categories of mobile equipment and associated rights.
2. for the purposes of this Convention, the international guarantee in relation to mobile equipment is the guarantee established in accordance with article 7, relating to identifiable items clearly falling within paragraph 3 and specified in the Protocol listed in the subject category: a) provided by the collateral in accordance with the agreement on the implementation of commitments;
b) provided for the benefit of a person who is a potential seller under contract for the reservation of ownership; or (c)) provided for the benefit of the person who is the lessor under a lease contract. Guarantees covered by subparagraph (a)), (b) or (c) do not include)).
3. The preceding paragraphs are: (a) the said category of aircraft hull), aircraft engines and helicopters;
b) railway rolling stock; and (c)) space systems.
4. The applicable law determines whether to guarantee covered by paragraph 2 (a) of this paragraph applies), (b) or (c)).)
5. international warranty with respect to the subject matter also apply to the income from it.
Article 3 scope of application 1. this Convention shall apply if the contract, with due or provides an international guarantee, at the time a customer is located in a Contracting State.
2. the fact that the creditor is situated in a State which is not a Contracting State does not affect the applicability of this Convention.
Article 4 the customer location 1. Article 3 of the Convention for the purpose of paragraph 1 consider that a customer is located in one of the Contracting States: (a)) under whose law it has been formed or created;
(b)) in which it has its registered office or head office;
(c)) in which it is the administrative center; or (d)) in which it is established.

2. the reference in the previous paragraph (d)) at the customer's place of business, if he has more than one place of business, means his principal place of business or, if he has no place of business, his permanent residence.
Article 5 interpretation and applicable law 1. interpretation of the Convention should take into account the objectives set out in the preamble, to its international character and to the need to promote a uniform and predictable.
2. questions relating to the subjects covered by this Convention, but which are not clearly regulated, be settled in accordance with the General principles on which the Convention is based, or if such a principle is not, then, in accordance with applicable laws.
3. the reference to applicable law are references to domestic legislation that are applicable, based on the rules of private international law in force in the country of the Court.
4. Where a State includes several territorial units, each of which has its own rules of law in respect of the statement of the issues, and if there is no indication of the relevant territorial unit of that State law determines which is the territorial unit whose rules must be taken into account. If such rate is not, apply the law of a territorial unit with which the case is most closely associated.
Article 6 relationship between the Convention and the Protocol to this Convention and the Protocol is understood and interpreted together as one single document.
2. If between this Convention and the Protocol there is a conflict, the Protocol is decisive.
Chapter II ESTABLISHMENT of international guarantees article 7 requirements concerning the form of the Guarantee has been established as an international guarantee under this Convention if the contract, with which it established or provided: (a)) shall be in writing;
(b)) refers to the subject, with which the collateral provider, the potential seller or lessor has the right to act;
(c)) provide the opportunity to identify the object in accordance with the Protocol; and (d)) of the Treaty on the enforcement of obligations in the case makes it possible to determine the existence of the relationship, but it is not mandatory to include guidance on the amount or maximum amount of the security.
Chapter III legal remedies in case of non-compliance article 8 right of the collateral taker remedies 1. in the case of default within the meaning of article 11 to the extent that the collateral it has agreed, and subject to the Declaration by a Contracting State, may be issued in accordance with article 54, the collateral taker may use one or more of the following remedies: (a)) to take over the possession or control of any object that embarrassed him in favor of the implementation of commitments;
b) sell or rent any of such articles;
c) to charge or receive any income or profits arising from any such use of the management or of the subject.
2. as an alternative to the collateral taker may also require to issue a court order authorising or instructing to carry out any of the activities mentioned in the previous paragraph.
3. any means of protection of the rights specified in paragraph 1 (a)), (b) or (c))) or in article 13, to use commercially reasonable manner. Protection product is considered use commercially reasonable manner where it is used in accordance with the provisions of the enforcement, except where such a provision is manifestly unreasonable.
4. a security worker who offers to sell or lease the subject in accordance with paragraph 1 within a reasonable period of time, first in writing of the proposed sale or rent of the subject: a) interested persons specified in article 1, point (i))) and (ii)); and (b)) interested persons specified in article 1 m) point III) that within a reasonable period before the sale or rental of the subject have announced support for workers on their rights.
5. All amounts charged to or received by the collateral taker in a 1 or 2 point of those remedies, the use of the context provided for deletion.
6. If the collateral taker, using one of the 1 or 2 protection of the rights referred to in points, collecting or receiving an amount greater than the amount that provided them with performance bonds, and reasonable costs incurred for such remedy, then, unless the Court provides otherwise, the collateral taker according to surplus allocation the next grade guarantee holders that is registered or for which the collateral taker is aware and the remainder shall be paid to the collateral provider.
9. the article Subject as compensation; Redemption 1. At any time after the execution of undertakings within the meaning of article 11 of the collateral taker and any interested persons may agree that ownership of (or any other collateral rights) relating to the subject matter covered by performance bonds, over the collateral taker as compensation for collateralised obligations.
2. the collateral taker's request the Court may issue an order that ownership of (or any other collateral rights) relating to the subject matter covered by performance bonds, over the collateral taker as compensation for collateralised obligations.
3. The Court shall satisfy the request referred to in the preceding paragraph only if the amount of the secured obligations that the law covered by the following transition, is commensurate with the value of the item, taking into account all payments that the collateral taker must take all stakeholders.
4. At any time after the execution of undertakings within the meaning of article 11, but before the difficult subject of selling or issuing an order under the provision of paragraph 2, or any interested person can delete performance bonds, paid in full the amount of security, taking into account any lease agreement, concluded by the collateral taker according to article 8, paragraph 1 (b)) or under an order made under paragraph 2 of article 8. If after such non-fulfillment by the amount is paid in full by an interested person other than the debtor, the collateral taker is right over the person.

5. Ownership or any other rights of the guarantor that transferred sales in accordance with article 8, paragraph 1 (b)) or under paragraph 1 or paragraph 2, has been released from all other guarantees in relation to which the collateral taker of the performance bonds shall have priority in accordance with the provisions of article 29.
Article 10 potential seller or lessor's remedies in case of non-execution of obligations under the Treaty, the reservation of title or lease contract within the meaning of article 11, a potential seller or landlord as the case may be: (a)) taking into account the declarations by the Contracting State may submit under article 54, terminate the agreement and take possession or control of your any object to which the Treaty applies; or (b)) go to court with the claim for an order that would have allowed or instructed any of these activities.
Article 11 obligations fulfillment definition 1. Customer and creditor may at any time agree in writing as to what conditions cause the fulfillment of an obligation, or otherwise give rise to an 8 to 10 and 13 of law referred to in article 3 and the use of protection.
2. Where the debtor and the creditor have not agreed on it, "not running" 8 to 10 and 13 in the meaning of article is non-enforced, resulting in a considerable extent creditors don't get it, to which he is entitled under the contract.
Article 12 additional remedies any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, shall, if they are not contrary to the provisions of this chapter, referred to in article 15.
Article 13 Provisional protection features 1. Contracting State having regard to any declaration that it may make under article 55 provides that a creditor who submits proof of failure to respect from the customer's side, until his final requirements for decision and if the debtor has consented, can immediately be obtained from the Court's protection of one or more of the following in the form of the order, as requested by the vendor (a) on the subject and its value);
(b) the possession of the subject) than control or possession;
(c)) on the subject of changing the location of the ban; and (d)) on the subject of the lease or, except where covered by subparagraphs (a) to (c)),) management, gaining from its income.
2. Issuing any order provided for in the preceding paragraph, the Court may impose conditions it considers necessary to protect the interested persons in the event the vendor: (a) an order for the execution) following provisional remedies fails to fulfil any of its obligations towards the customer in accordance with this Convention or the Protocol; or (b) the requirements in the final examination) can not fully or partly to prove his claim.
3. before making any order under paragraph 1, the Court may require that the request be notified of all interested parties.
4. Nothing in this article shall prevent the paragraph 3 of article 8, or restrict the application of paragraph 1 to non-temporary remedies.
Article 14 Procedural requirements subject to article 54, paragraph 2 any protection feature provided for in this chapter shall be used in accordance with the procedural rules of the territory where it is used.
Article 15 the provisions in their resignation in relations between any two or more of the parties referred to in this chapter, any time, by agreement in writing, derogate from the rules above in this chapter or to amend them, with the exception of article 8, paragraph 3 to 6, article 9, paragraph 3 and 4, article 13, paragraph 2 and article 14.
Chapter IV the international registration system article 16 the international register 1. International Registry established to register: (a)), the international guarantees of international guarantees and conditional register non-contractual rights and guarantees;
(b) the assignment of the international guarantee) and conditional assignment;
(c)), with international guarantees of legal or contractual subrogation under the applicable law;
d) notifications of State guarantees; and (e)) in any of the preceding subparagraphs that guarantee mutual priorities.
2. Different categories of object and associated rights can create a number of different international registries.
3. for the purposes of this chapter and chapter V, the term "registration" includes, where appropriate, amend a registration or renewal.
Article 17 supervisory authority and the Registrar 1. Supervisory Authority established in accordance with the Protocol.
2. the supervisory authority shall: (a) establish or ask to create) the international registry;
b) except where otherwise provided in the Protocol, means and released from the post of the Registrar;
(c)) shall ensure that all the rights necessary for continuous and efficient operation of the international registry in the event of a change of Registrar is granted or transferred to the new Registrar;
d) after consultation with the Contracting States in accordance with the Protocol shall be made or approved and provided with activity in the international register rule publication;
e) develop administrative procedures governing the order in which the supervisory authority can turn with complaints about the operation of the international registry;
(f) supervise the Registrar and international) register;
(g) provide, at the request of the Registrar) following such recommendations as the Registrar, the supervisory body considers appropriate;
h) determine and periodically review the fees charged for international operations and registry services;
I) do the necessary to ensure the effective, to statements based electronic registration system exists to implement the objectives of the Convention and the Protocol; and (j)) report periodically Contracting States of their obligations under this Convention and the Protocol.
3. the supervisory authority may enter into any contracts that are required to perform its functions, including any agreement referred to in paragraph 3 of article 27.
4. the supervisory authority shall own all proprietary rights to the international registry databases and archives.
5. the Registrar shall ensure the efficient operation of the international registry and perform the functions entrusted to it by this Convention, the Protocol and the regulations.
Chapter v other matters relating to registration article 18 registration requirements

1. The Protocol and regulations shall specify the requirements, including the criteria for identification of objects that are required: (a)) registration (including provisions on consent to the transmission of advance electronic form from any person whose consent is required under article 20);
(b)) and search search for the issue of certificates, and, in connection therewith;
(c)) in the international register the information and document confidentiality other than information and documents relating to a registration.
2. the responsibility of the Registrar to establish whether or not part of the agreement for registration in accordance with article 20 really has been given, or it is in force.
3. If the guarantee that is registered as a notional international warranty, becomes an international guarantee, do not need any additional registration, provided that the registration information is sufficient international guarantees.
4. the Registrar will ensure that the registration would be entered in the international register and the database would be available for a chronological order of receipt, and the case is assigned to the date and time of receipt.
5. in the Protocol may provide that a Contracting State may designate in its territory or organization as an organization point of contact or contact points through which the information required for registration or can be sent to the international registry. The Contracting State making the following instructions, where appropriate, may set requirements that must be met before this information is transmitted to the international registry.
Article 19 validity and registration time 1. Registration is valid only if it was made in accordance with article 20.
2. registration, if valid, is complete when the required information is entered in the international register database in such a way that it is available to search.
3. Registration is available for searching purposes referred to in the preceding paragraph from when: (a) the international register it) has assigned a consecutive number of the case; and (b)) registration information, including the file number, is stored in a format that provides for long-term storage, and can be accessed at the international registry.
4. If the guarantee was originally registered as a notional international warranty, becomes an international guarantee, this international warranty will be considered registered from international warranty conditional registration if the registration were still in force immediately before the establishment of the international guarantees, as required by article 7.
5. the previous point with necessary adjustments apply to international guarantees conditional assignment.
6. Registration is available for searching in the database of the international register of the criteria laid down in the Protocol.
Article 20 consent to registration 1. International warranty, guarantee or conditional assignment of international, or international guarantees for conditional assignment can be registered, and any such registration may be amended or extended before its expiry, any party with written consent of the other party.
2. international guarantees exposure to other international guarantee, you can register at any time the person or with the written consent of the person who is the subject of the guarantee.
3. a registration may be revoked by the party or with the written consent of the party in whose favour it was made.
4. international guarantees to obtain legal or contractual subrogation may be registered following assurances by the successor in title.
5. To register non-contractual rights or guarantees you can register it in the holder.
6. notification of domestic guarantee you can register its holder.
Article 21 duration of registration registration of an international warranty remains in effect until it is cancelled or until the time period specified in the registration.
22. Article search 1. every person in the Protocol and in the rules of procedure by electronic means can make or request a search of the international register on the registered warranties or guarantees international contingent.
2. on receipt of the relevant request, Registrar Protocol and in the rules for the order by electronic means shall be issued a certificate of search of information in the register with respect to any object: (a) stating all registered information), which refers to it by specifying the logging of this information, the date and time, or b) finding that the international register does not have this information.
3. Pursuant to the preceding paragraph on the certificate issued to the search indicates that creditor referred to in the registration information has acquired or intends to acquire an international guarantee in respect of the subject matter, but not necessarily, or established international warranty international warranty or conditional, even if you can find out from the relevant registration information.
Article 23 of the Declaration, and notified the non-contractual right or guarantee list Registrar maintains a list of declarations, withdrawals of Declaration and non-contractual law or categories for which the guarantee Registrar informed the depositary, as under article 39 and 40 have notified the Contracting States, such declaration or withdrawal of declaration. The following is a list of recorded and is available for searching by the Declaration requesting the name of the country and in accordance with the provisions of the Protocol and is transferred to any person requesting it.
Article 24 evidentiary value of certificates a document in the form laid down in the rules, as in the international register visible issued certificate is prima facie proof: (a)) that it was issued by the international registry; and (b)) the facts are mentioned in it, including the date and time of registration.
Article 25 repeal of registration 1. If the obligations secured by a registered performance bonds or obligations of registered non-contractual rights or guarantees have been met, or if the conditions are met for transfer of title under a registered contract of reservation of ownership, the warranty holder, without undue delay, carried out a registration cancellation by the customer's written request, delivered to or received at its address specified in the registration.

2. If you have registered for the international contingent guarantee or conditional assignment of international guarantees, the creditor or the assignee may be made without undue delay following the cancellation of registration by the customer or transferor's possible written request, delivered to or received at its address stated in the registration before the creditor or assignee may fulfil their obligations (pay) or undertakes to fulfil the commitment (to pay).
3. If a domestic guarantees secured obligations specified in the registered notice of domestic guarantee is fulfilled, the holder of such a guarantee, without undue delay, at the customer's written request, delivered to or received at its address specified in the registration, provided registration cancellation.
4. If the registration is incorrect or has been performed incorrectly, the person in whose favour the registration was made shall, without undue delay, provide the revocation or modification by the customer's written request, delivered or received it at the address specified in the registration.
Article 26 access to the international registration to any person is not denied access to the registration and search facilities of the international registry, no other reason, except where it has not complied with the procedures laid down in this chapter.
Chapter VI supervisory authority and the REGISTRAR's privileges and immunities article 27 legal personality; 1. the immunity granted to the supervisory authority of the international legal personality, if it is not yet a status.
2. the supervisory body, its officers and employees enjoy such immunity from legal or administrative process as set out in the Protocol.
3. a) supervisory authority is exempt from taxes and enjoy other privileges as may be provided by agreement with the host country;
b) of this paragraph, "host State" means the country in which the supervisory authority is located.
4. active in the international register, documents, databases and archives are inviolable and enjoys immunity from arrest or other judicial or administrative process.
5. to submit any claim against the Registrar, in accordance with article 28, paragraph 1, or article 44, the applicant has a right of access to the information and documents necessary for the application of the plaintiff.
6. the supervisory authority may waive paragraph 4 for immunity and immunity.
Chapter VII liability of the REGISTRAR article 28 liability and financial assurances 1. the Registrar shall be responsible for damages to any person who is directly incurred by the Registrar, its officers and employees of the wrongful act or omission of the international registration or of the system, except when this is not the correct action has caused the accident, which can not be avoided and cannot withstand, and which would not have been possible to prevent the electronic registry design and operation the currently used best practice including backup, and system security and networking best practices.
2. In accordance with the preceding paragraph Registrar is not responsible for the registration of information accuracy, facts which the Registrar or the Registrar has received send in the form in which he has received that information nor for acts or circumstances which do not fall within the recorder, officials and employees of his duties and arising prior to registration in the international register of receipt of information.
3. Compensation under paragraph 1 may be reduced if the injury was caused by the injured party or contributed to this loss.
4. the Registrar shall ensure the insurance or financial guarantee covering the liability referred to in this article to the supervisory authorities in accordance with the Protocol on the specified.
Chapter VIII effects of an international GUARANTEE to third parties article 29 priority of competing warranty 1. registered guarantee has priority over any other guarantee, registered, and later over any unregistered security.
2. in the previous paragraph, the first priority of that guarantee shall apply: (a)) also, if the first such guarantee is obtained or registered, actually knowing about another guarantee; and (b) in respect of value) is also provided by the first holder of that guarantee, knowing about the existence of other warranties.
3. The subject-matter of the buyer obtains: (a) the force) remains all the guarantees established in the time of the acquisition; and (b)) free of any warranties not registered even if he actually knows about the guarantee.
4. The potential buyer or lessee acquires rights to these items: a) the guarantees, remains registered before the registration of the international guarantees for the seller's or lessor's potential; and (b)), without a guarantee that is not registered at that time even if he actually knows about the guarantee.
5. Competing warranty or priority between rights under this article may be varied by agreement between the holders of these guarantees, but such guarantees subject to assignee does not link prorogation of the exposure of the guarantee, unless the assignment at the time of such agreement resulting in the hierarchy between the guarantee has not been registered.
6. any priority that is assigned to this article on the subject of the guarantee also applies to revenue.
7. this Convention: (a)) do not touch personal power to components that are not the same subject and which it owned before the installation of the component object, if in accordance with applicable law, such rights shall continue to exist after the installation; and (b)) shall not prevent the rights to create components that are not the same subject and which is previously installed, if the subject matter of these rights is made under the applicable law.
Article 30 the effects of Insolvency 1. Insolvency proceedings against the debtor in the international guarantee is legal effect if prior to the onset of insolvency proceedings specified in the warranty has been registered under this Convention.
2. Nothing in this article shall affect the legal force of international guarantees of the insolvency process, if this warranty is valid under the applicable law.
3. nothing in this article affects: a) the legal provisions which would be applicable to such transactions in the insolvency proceedings is void, by which a creditor has received unduly advantage or been cheated; or

(b)) the procedural rules concerning the enforcement, in respect of property that is under the control of the judicial or monitoring.
CHAPTER IX RIGHTS AND ASSIGNMENT OF INTERNATIONAL GUARANTEE; The transfer of Rights article 31 effect of Assignment 1. Unless the parties agreed otherwise, with the related assignment, made in accordance with article 32, the transferee shall also be forwarded to the: (a) adequate international guarantees); and (b)) and ceding all the priorities set out in this Convention.
2. Nothing in this Convention shall prevent the rights of the transferor of the partial assignment. Following the case of a partial assignment of the assignor and the assignee may agree on their respective rights as regards appropriate international guarantees that the assignment in accordance with the preceding paragraph, but this should not adversely affect the customer without his consent.
3. subject to paragraph 4, the customer's right to protection and the right to set-off that the debtor may exercise against the assignee, shall be determined in accordance with applicable law.
4. the customer at any time by written agreement can be fully or partially withdraw from the remedies and the right to set-off, as mentioned in the previous paragraph, except for the remedies from the transferee's fraudulent activities.
5. in the case of an assignment of the security of the rights ceded, if they still exist, go back to the transferor when the assignment of the secured obligations are fulfilled.
Article 32 formal requirements of assignment 1 assignment of the related relevant international warranty is transferred only if it: (a)) shall be in writing;
(b)) allows you to identify the rights under the contract, on the basis of which they arose; and (c) in the case of an assignment of the security) allows you to determine the assignment of the secured obligations in accordance with the Protocol but without specifying the amount or maximum amount of the security.
2. International guarantees that created or provided for by the agreement on the enforcement of obligations, an assignment shall be valid only if the partial or full cession of rights also.
3. This Convention does not apply to the assignment of the rights that are not valid in the relevant international transfer of a guarantee.
Article 33 debtor's obligation to the assignee 1. If the rights and the corresponding international warranty is transferred in accordance with articles 31 and 32, the debtor in relation to those rights and the guarantee of an assignment is binding and his duty to make payment or otherwise fulfill the obligations to the assignee, but only if: (a) the transferor shall have the customer) written notice or authorized to announce the assignment; and (b)) is specified in the communication rights.
2. Independently of any other cause, based on which the customer's payment made or other action frees the customer from liability, payment or such action is effective for this purpose, if it is carried out in accordance with the preceding paragraph.
3. nothing in this article affects the priority of competing mutual assignment.
Article 34 law remedies in the event of failure to comply obligations relating to collateral assignment If the transferor does not fulfil the obligations according to law and according to related international assignment, the assignor of the guarantee and the assignee are subject to 8, 9 and 11 to 14 (and for related rights are concerned, if these provisions can be applied to intangible property) as if references: a) to ensure obligations and performance bonds should be references to commitments secured by rights and the corresponding international guarantees for the assignment and performance bonds, due to such assignment;
(b)) to the collateral taker and the collateral or a vendor or a customer would be a reference to the assignee and assignor;
(c)) on the international guarantee holder would have the references to the assignee; and (d)) on the subject would be a reference to the cedētaj-related rights and the corresponding international guarantee.
35. Article 1 of the competing priority of the assignment. If competing against related assignment and at least one of those divestitures include adequate international guarantees and is registered, apply the provisions of article 29, as references to register the guarantee would be references to the rights and guarantees established in accordance with the assignment, and as if references to a registered or unregistered guarantee would be references to a registered or unregistered assignment.
2. Article 30 of the Convention refers to the assignment of the associated, as references to the international guarantee would be references to rights and the corresponding international guarantees for the assignment.
Article 36 Assignee's priority with respect to associated rights 1. Rights and the corresponding international guarantees to the transferee where the assignment is registered has priority 35. within the meaning of article over another assignee of the rights relating to: (a) only) if the contract, under which the rights arise, States that they have secured or are related to the subject; and (b)) if the related rights apply to the item.
2. For the purposes of point (b)) referred to the related rights apply to articles only if they consist of the payment entitlements or obligations associated with: (a) the amount paid) in advance and spent for the acquisition of the subject;
(b) the amount paid) in advance and used other subject matter, to which the transferor is another international guarantee, if the transferor has transferred this warranty to the transferee and the assignment is registered;
(c)) the price payable on the subject;
(d)) the rent payable on the subject; or e) other obligations arising from a transaction referred to in any of the preceding subparagraphs.
3. in all other cases, the competing rights assignment priority shall be determined in accordance with applicable law.
Article 37 of the transferor, the consequences of the insolvency Convention the provisions of article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor.
38. Article 1 of the rights under paragraph (2) Nothing in this Convention shall affect the rights and the corresponding international guarantees to obtain legal or contractual subrogation under the applicable law.
2. the priority between the guarantee provided for in the preceding paragraph and a competing warranty you can change the relevant guarantee agreement in writing of the holders, but subject to safeguards for the assignee does not link prorogation of the exposure of the guarantee, unless the assignment at the time of this agreement resulting in the hierarchy between the guarantee has not been registered.

Chapter x rights or guarantees to the declarations of the Contracting States article 39 rights having priority without registration 1. Contracting State at any time in a declaration deposited with the depositary, the Protocol can be general or specific: (a) declare its rights or non-contractual) assurances category (except those rights or guarantees to which article 40 applies) which under that State's law have priority over other rights on the subject that is equivalent to a registered holder of international guarantees, and have priority over a registered international warranty regardless of whether this guarantee is or is not related to the insolvency process; and (b)) that nothing in this Convention shall affect national or public authorities, intergovernmental organisation or other private provider of public services, the right to seize or detain the subject in accordance with the legislation of that State until you pay off amounts due such an authority, organization or service provider and which is directly related to the specified items, or other items of service.
2. the Declaration made in accordance with the preceding paragraph, may provide that it applies to categories that will be created after the deposit of this Declaration.
3. for non-contractual right or guarantee takes precedence over international guarantee only if it falls within the category covered by a declaration deposited prior to the registration of such international guarantees.
4. Notwithstanding the preceding paragraph, a Contracting State of the Protocol, the instruments of ratification, acceptance, approval or accession when it may declare that the right of the category or the guarantee, subject to Declaration, submitted in accordance with paragraph 1 (a)), a priority over international guarantee, registered before following the deposit of instruments of ratification, acceptance, approval or accession date.
Article 40 to register non-contractual rights or guarantees to Contracting State at any time in a declaration deposited with the depositary, the Protocol may be listed right or guarantee non-contractual categories that are being filed in accordance with this Convention, in respect of any category of object as if the right or guarantee would be international warranty and are appropriately regulated. Such a declaration may change over time.
Chapter XI application of CONVENTION to sales article 41 sale and conditional sales, this Convention applies to the sale of items or conditional sale, as defined in the Protocol, with all its amendments.
Chapter XII jurisdiction article 42 choice of court 1. in accordance with article 43 and 44. the courts of a Contracting State chosen by the parties to the transaction have jurisdiction in respect of all claims submitted in connection with this Convention, regardless of whether or not the selected court affiliation with the parties to the transaction or transactions. This jurisdiction is exclusive, unless the parties agree otherwise.
2. any such agreement shall be in writing or otherwise concluded in accordance with the chosen court national statutory requirements relating to the form of the arrangement.
Article 43 jurisdiction under article 13 1. Contracting State chosen by the parties, and the courts of the Contracting State in whose territory the subject is competent to provide legal protection in article 13, paragraph 1 (a), (b) and (c)))) and paragraph 4 of article 13 with respect to the meaning of these articles.
2. Competence to provide legal protection in article 13, paragraph 1 (d)) means or other temporary legal protection, based on article 13, paragraph 4, shall be either: (a)) that the parties to the courts chosen; or (b)) to the Court of the Member State within the territory of which the debtor is located, the following remedies in accordance with the order of their application is usable only in the territory of that Contracting State.
3. The Court has jurisdiction under the preceding paragraphs even if the final judgment of the article 13 requirements referred to in paragraph 1 in the case will be, or may be rendered in another Contracting State before a court or arbitral tribunal.
Article 44 jurisdiction to issue orders to the Registrar 1. the courts of the country where the Registrar Administration Center has exclusive competence to adopt decisions on remuneration for damages or to issue instructions to the Registrar.
2. If a person fails to comply with the requirements provided under article 25, and if that person no longer exists or cannot be found, to comply with the court order issued against it, and which is required to cancel the registration, referred to in the previous paragraph, the courts have exclusive competence by customer or potential customer's request to issue an order addressed to the Registrar to cancel the registration of a claim to it.
3. If a person does not comply with a court having jurisdiction under this Convention, any order or domestic guarantees the competent jurisdiction in the event of a court order, which is required for the person to amend or cancel a registration in the registration, the courts referred to in paragraph 1 may ask the Registrar to take such steps to comply with that order.
4. except for the derogation provided for in the preceding paragraphs, no court may not order the Registrar or Registrar to accept binding judgments or rulings.
45. Article jurisdiction over insolvency proceedings the provisions of this chapter do not apply to the insolvency process.
Chapter XIII relationship with other conventions article 45 in relation to the United Nations Convention on the assignment of debt in international trade this Convention shall prevail over the United Nations Convention on the assignment of debt in international trade, opened for signature in New York in 2001 12 December, in so far as it relates to the assignment of the claims that are related rights in relation to aircraft objects, railway rolling stock and space system of international guarantees.
Article 46 relationship with the UNIDROIT Convention on international financial leasing to the Protocol may determine the relationship between this Convention and the UNIDROIT Convention on international financial leasing, signed at Ottawa on 28 May 1988.
Chapter XIV final provisions article 47 signature, ratification, acceptance, approval or accession

1. this Convention is open for signature in Cape Town on 16 November 2001, States participating in the diplomatic Conference on the Convention on mobile equipment and the Protocol on aircraft making, which takes place in Cape Town from 29 October 2001 to 16 November. After 16 November 2001, the Convention is open for signature by all States at the International Institute for the unification of private law (UNIDROIT) headquarters in Rome until it enters into force in accordance with article 49.
2. This Convention shall be subject to ratification, acceptance or approval by States which have signed it.
3. Any State which has not signed this Convention may accede to it at any time.
4. Ratification, acceptance, approval or accession is effected on the submitting official document depository.
48. Article regional economic integration organisations 1. Any regional economic integration organization, which established the independent countries and which has jurisdiction in certain matters governed by this Convention may also sign, accept, approve or accede to the Convention. In such a case, the regional economic integration organization party to the right and the duty, if this organisation is competent in matters governed by this Convention. If the number of Contracting States is relevant in this Convention, the regional economic integration organization shall not count as a Contracting State in addition to its Member States which are Contracting States.
2. A regional economic integration organization, when signing, approving or acceding to this Convention shall be submitted to the depositary a declaration stating they regulated issues of this Convention in respect of which competence has been transferred to that organisation by its Member States. A regional economic integration organization shall promptly notify the depositary of any changes to the distribution of competences, which notified in accordance with this paragraph, including the Declaration given on new areas of expertise.
3. any reference to a "Contracting State" or "Contracting States", "Member" or "Member States" in this Convention applies equally to a regional economic integration organization, if necessary according to the context.
Article 49 entry into force 1 this Convention shall enter into force on the first day of the month following the expiration of three months from the date of the deposit of the third instrument of ratification, acceptance, approval or accession but only as regards a category of objects, it is the subject of Protocol: this Protocol a) from the date of its entry into force;
(b)) in accordance with the provisions of this Protocol; and (c)) between this Protocol and the Convention Member States.
2. for other States this Convention enters into force on the first day of the month following the expiration of three months from the date of the deposit of the instruments of ratification, acceptance, approval or accession but only as regards a category of objects it covered by the Protocol, and in respect of this Protocol, subject to the preceding paragraph (a), (b) and (c)))).
Article 50 internal transactions 1. Contracting State Protocol for the deposit of instruments of ratification, acceptance, approval or accession can declare that this Convention shall not apply to transactions for which this country is an internal transaction in relation to all types of objects or some of them.
2. Notwithstanding the previous paragraph, article 8, paragraph 4, article 9, paragraph 1 of article 16, chapter V, article 29 the provisions and any other provisions of this Convention relating to registered warranties apply to an internal transaction.
3. If the notice of the national warranty is recorded in the international register, the priority of the holder of the guarantee in accordance with article 29 shall not affect the fact that, in accordance with applicable laws, this guarantee is granted to another person the assignment or subrogation.
Article 51 the protocols Below 1. the depositary may create working groups, in cooperation with non-governmental organisations such as the depositary considers appropriate, to assess how useful it is to extend the application of this Convention to one or more of the protocols to other categories of objects and such objects with rights, not article 2, paragraph 3, and where each item is separately identifiable.
2. The depositary shall notify any such working group prepared the initial draft text of the Protocol to all Member States of this Convention, all Member States of the depositary, the United Nations Member States that are not members of the depositary and the relevant intergovernmental organisations, and shall invite such States and organisations to participate in intergovernmental negotiations, to the end of the draft Protocol, drawn up on the basis of the original draft of the Protocol.
3. The depositary shall also communicate any such working group prepared the initial draft text of the Protocol to those relevant non-governmental organizations, which are considered appropriate. These non-governmental organizations should be invited immediately to submit comments on the original depositary the text of the draft Protocol and to participate as observers in the preparation of the draft Protocol.
4. when the competent bodies of the Depositary Government recognises this draft Protocol ready for adoption, the depositary shall convene a diplomatic conference for its adoption.
5. adoption of this Protocol in accordance with paragraph 6 of this Convention applies to the subject matter included in the category.
6. Article 45 of the Convention applies to such a protocol only if it is specifically provided for in this Protocol.
52. Article 1 territorial unit. If a Contracting State has territorial units in which different systems of law with regard to matters governed by this Convention, its instrument of ratification, acceptance, approval or accession can declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify its declaration at any time by submitting another declaration.
2. Each such declaration should clearly indicate its territorial units to which this Convention applies.
3. If a Contracting State has not made any declaration under paragraph 1, this Convention shall apply to all territorial units of that State.

4. where a Contracting State extends this Convention to one or more of its territorial units, declarations permitted under this Convention may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from the declarations made in respect of another territorial unit.
5. If the Declaration referred to in paragraph 1 of this Convention has been applied to one or more of the parties to the national territorial units: (a)) believes that the debtor is located in a Contracting State only if it is established or constituted under the law in force in a territorial unit to which this Convention applies, or if the registered office or head office, Administration Center place of business or habitual residence in a territorial unit to which this Convention applies;
(b) a reference to the object) every location in a Contracting State refers to the location of the object in a territorial unit to which this Convention applies; and (c)), any reference to the administrative authorities in that Contracting State shall be considered as relating to administrative authorities which have jurisdiction in a territorial unit to which this Convention applies.
Article 53 the Court discovery Contracting State Protocol and the deposit of instruments of ratification, acceptance approval or accession when it can declare the relevant "Court" or "courts" in article 1 of this Convention and for the purposes of chapter XII.
Article 54 declarations of legal remedies 1. Contracting State Protocol, the instruments of ratification, acceptance, approval or accession when it may declare that until the difficulty is situated in its territory, or is controlled by the collateral taker may not be subject to rent in the area.
2. a Contracting State Protocol, the instruments of ratification, acceptance, approval or accession when it declares whether a remedy available to the creditor under any of the provisions of this Convention and for use under the Convention do not necessarily need a court order can be used only with the permission of the Court.
Article 55 declarations for temporary remedies in the Contracting State of the Protocol, the instruments of ratification, acceptance, approval or accession when it may declare that it will not be applied in full or in part in article 13 or article 43, or both, the provisions of this article. The Declaration shall specify under which conditions the relevant article will be applied, if it will be suitable for partially or, otherwise, what other temporary remedies will be applied.
Article 56 reservations and declarations 1. this Convention shall not do reservations, but can provide 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60. article allowed. declarations under this article.
2. all declarations or declarations, or later withdrawal of a declaration made under this Convention shall notify the depositary in writing.
57. Article 1 of the Declaration of the Member Later can make a later Declaration which is not in accordance with article 60 of the permitted return, at any time after the date on which this Convention has entered into force for that country, notifying the depositary.
2. Any such later declaration shall enter into force on the first day of the month following the expiry of the period of six months as from the date of receipt of the notice to the depositary. If the notification is set for a longer period of time until this Declaration entered into force, it shall enter into force after the expiry of this longer period after the notification is received by the depositary.
3. Notwithstanding the previous paragraphs, this Convention shall continue to apply as if it had not made any declarations on later all the rights and guarantees arising before any such declaration later effective date.
Article 58 withdrawal of Declarations 1. Any Member State which has made a declaration under this Convention which is not in accordance with article 60 of the Declaration, it may be permitted to withdraw at any time by notifying the depositary. This withdrawal shall take effect on the first day of the month following the expiry of the period of six months as from the date of receipt of the notice to the depositary.
2. Notwithstanding the previous paragraph, this Convention shall continue to apply, as if no such withdrawal of Declaration had been made, in respect of all the rights and guarantees arising before any such cancellation effective date.
59. Article denunciation 1. any Member State may denounce this Convention, on the written notification to the depositary.
2. Any such denunciation shall take effect on the first day of the month following the expiry of twelve months from the date on which the notification is received by the depositary.
3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such denunciation had not been made, in respect of all the rights and guarantees arising before any such effective date of denunciation.
60. Article transitional provisions 1. If a Contracting State has not declared differently, this Convention does not apply to pre-existing rights or guarantees that preserves their priority as those determined in accordance with the law applicable before the entry into force of this Convention.
2. Article 1 of the Convention) and v to determine priority under this Convention: (a)) "the date of entry into force of the Convention" in relation to the customer is the time when this Convention enters into force or the time when the State in which the debtor is situated becomes a Contracting State, whichever is later;
and (b)) in the country in which it is the Administration Center or, if he is not the center of the Administration, his place of business or, if he has more than one place of business, his principal place of business or, if he has no place of business, his permanent residence.

3. a Contracting State in his declaration in accordance with paragraph 1 may specify a date that is not earlier than three years from the date of this declaration shall enter into force, with which the Convention and the Protocol will begin to apply to determine priority, including any existing priorities with regard to the protection of pre-existing rights or warranties arising under the agreement, concluded at the time when the debtor was located in a country referred to in the previous paragraph (b)), but only to the extent and in the manner specified in its Declaration.
Article 61 Review conferences, amendments and related matters 1. The depository annually or when circumstances so require, the report to Member States on how the international system established by the Convention has operated in practice. In preparing such reports, the depositary shall take into account the reports of the supervisory authority the international registration system.
2. by not less than twenty-five percent of the demand of the Member States of the depositary, in consultation with the supervisory authority, from time to time organised by the Member States in the Review Conference to discuss: a) the implementation of this Convention and its effectiveness in facilitating the asset-based financing and leasing of the objects covered by its terms;
(b)) the provisions of this Convention and the rules of legal interpretation and application;
(c)) of the international registration system, the work of the Registrar and its oversight by the supervisory authority, taking into account the reports of the supervisory authority; and (d)) or any changes are required in the Convention or the international registration system.
3. subject to paragraph 4, any amendment to this Convention at least approved by a two-thirds majority of the votes of the Member States participating in the Conference referred to in the preceding paragraph, the amendment shall enter into force in respect of States which have ratified, accepted or approved this amendment when it is ratified, accepted or approved by three States in accordance with the provisions of article 49 of the Convention into force.
4. If it is expected that the proposed amendment to this Convention shall apply to more than one category of equipment, such amendment shall also be approved by at least two-thirds of the votes of the Member States of each protocol, participating in the Conference referred to in paragraph 2.
Article 62 depositary and its functions 1. instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the unification of private law (UNIDROIT), which is hereby designated as depositary.
2. The depositary shall: (a)) inform all Contracting States of: i) each new signature or facts of the instruments of ratification, acceptance, approval or accession deposit, indicating the relevant date;
II) the date of entry into force of this Convention;
(ii) each declaration), submitted in accordance with this Convention, showing the relevant date;
(iv) the withdrawal of any declaration) or amended, specifying the relevant date; and v) of the Convention, indicating the notice of denunciation to the appropriate date and the date when the denunciation takes effect;
(b)) to all Contracting States to this Convention, a certified copy of the original;
(c)) and transferred to the supervisory authority the Registrar all the instruments of ratification, acceptance, approval or accession, specifying the date of the corresponding deposit, declaration or cancellation of all declarations or amended copies and copies of the notice of denunciation, specifying the relevant statement date, so that the information stored on them would be all easily and fully available; and (d)) of other features to the depositary.
Stating the above, the undersigned duly authorised representatives have signed this Convention.
Cape Town two thousand in the first year of the sixteenth of November the only original copy in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity they acquired after the Conference, a joint secretariat of the President of the Conference within ninety days of the mandate from the date specified in the text have been checked by cross-compliance.
 
Convention on international guarantees in relation to mobile equipment protocol on matters relating to aircraft equipment protocol, the Member States considered it necessary to provide Convention on international guarantees in relation to mobile equipment (hereinafter referred to as "the Convention") on the part concerning aircraft, pursuant to the Convention set out in the preamble, objectives, taking into account the need to adapt the Convention to the financing of specific aircraft requirements and extend the scope of application of the Convention to include aircraft and their equipment purchase agreement, having regard to the Convention on international civil aviation, signed in Chicago on 7 December 1944, in the principles and objectives, agreed on the following provisions regarding aircraft.
Chapter I scope of application and general provisions article 1 the term (I) except where the context otherwise requires, terms used in this Protocol has the meaning set out in the Convention.
2. for the purposes of this Protocol the following terms used in the following meaning: a) "aircraft" means aircraft as defined in the Chicago Convention, and aircraft are either hull with installed aviation engines or helicopter;
(b)) "aviation engines" means aircraft engines (other than those used in military, customs or police services) powered by Jet hood or using the turbine or piston technology and: (i) a Jet Aviation engines) in the case of traction is not less than the equivalent of 1750 pounds, or about the size of other units; and (ii)) the turbine or piston aviation engines in case the nominal take-off capacity on the shaft is not less than 550 horsepower, or about the equivalent of the size of other units, together with all modules and other installed, incorporated or attached accessories, parts and equipment, as well as with all data, manuals and records relating to them;
c) "aircraft objects" is the body of the aircraft, aviation engines and helicopters;
(d)) "aircraft register" means a register maintained by a State or the objectives of the Convention of Chicago created the single registration authority;

e) "Air Corps" is the body of the aircraft (other than those used in military, customs or police services) that, after they have been installed according to the aviation engines, the competent Aviation Authority issued the type certificate for the transport: i) at least eight (8) persons including crew, or ii) items that weigh more than 2750 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (other than aviation engines) as with all data, manuals and records relating to them;
f) "authorised person" means a person referred to in paragraph 3 of article XIII;
g) "Chicago Convention" means the Convention on international civil aviation, signed in Chicago on 7 December 1944, together with the amendments and attachments;
h) ' single registration authority "means the authority maintaining a register in accordance with article 77 of the Chicago Convention and established in accordance with the resolution on the international service agency used aircraft nationality and registration, which the International Civil Aviation Organization, the Council adopted on 14 December 1967;
I) "de-registration of the aircraft" means aircraft of or removal from the aircraft register in accordance with the Chicago Convention;
j) "guarantee contract" means a contract which is concluded by a person who gives the guarantee;
k) "guarantor" means a person who for the purpose of ensuring the fulfilment of the obligations of a creditor's right to contract for the implementation of commitments, or to any other contract or issue a guarantee or give a guarantee request, or a letter of credit or any other credit security;
l) "helicopters" means an aircraft that is heavier than air (other than those used in military, customs or police services) and flying in the air, held mainly in contact with the air of one or more power-driven rotors which rotate around the vertical axes, and almost having a competent Aviation Authority issued a type certificate, to transport: (i)) at least five (5) persons including crew; or ii) items that weigh more than 450 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (including rotors), as well as with all data, manuals and records relating to them;
m) "with the insolvency-related event" means: (i) the onset of insolvency proceedings); or ii) announced the intention of the suspension of payments or actual suspension of payments from the customer side, if the creditor's right to Institute insolvency proceedings against the debtor or to exercise remedies under the Convention could not be implemented or suspended in accordance with the law or State action;
n) "primary insolvency jurisdiction" means the Contracting State in which the debtor's centre of main interests, and for this purpose is considered by the site that contains the customer's statutory seat or, in the absence thereof, on the site where the debtor is registered or formed, unless proved otherwise;
o) "registration authority" means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for aircraft registration and de-registration in accordance with the Chicago Convention; and p) "State of registry" means, in relation to the aircraft's State of registry in the State where the aircraft is included, or the country in which the single trademark registration authority, which maintains the aircraft register.
Article II application of the Convention in relation to aircraft objects 1. the Convention shall apply in relation to aircraft objects in accordance with the provisions of this Protocol.
2. the name of the Convention and this Protocol is a Convention on international guarantees in relation to mobile equipment that apply to aircraft objects.
The application of the Convention article III for sale following the provisions of the Convention apply as if references to an agreement creating or setting international guarantee would be references to the purchase agreement, and as if references to an international guarantee, conditional guarantee, international customer and vendor should references to sale, conditional sale, the seller and the buyer:-article 3 and 4,-of article 16 (1) (a)) shall – Article 19, paragraph 4-article 20, paragraph 1 (in relation to the purchase or conditional sales contract registration),-article 25, paragraph 2 (for conditional sales), and-article 30.
In addition to the purchase and conditional sale agreements covered by article 1, article 5, section IV to VII, article 29 (except point 3, is replaced by article XIV, paragraph 1 and 2), chapter X, chapter XII (other than article 43), chapter XIII and chapter XIV (other than article 60) of the General rules.
(IV) article 1 scope without prejudice to article 3 of the Convention, paragraph 1, of the Convention shall also apply to the helicopter or aircraft hull, which registered its aircraft of a Contracting State in which the register is the country of registration; If such registration is made in accordance with the agreement for the registration of the aircraft, it will be considered valid by the time of conclusion of the agreement.
2. "internal transaction" for the purposes of the definition in article 1 of the Convention: a) airframe is located in the aircraft's country of registration, which is an integral part of it;
b) aviation engine on the aircraft's country of registration in which it is installed, or, if it is not installed in the aircraft, where it is physically located; and (c)) the helicopter are in their country of registration at the time of conclusion of the agreement, under which create or guarantee.
3. the Parties shall, by written agreement, waive the application of article XI and, in their mutual relations, derogate from the provisions of this Protocol or to amend them, except article IX paragraph 2 through 4.
Article v of the formal contract of sale signs, effects and registration of this Protocol 1 of the purchase agreement is a contract that: (a)) shall be in writing;
(b)) refers to the subject of the aircraft with which the seller has the right to act; and (c)), serves to identify the subject of the aircraft in accordance with this Protocol.
2. in accordance with the contract of sale the seller's warranty with respect to the subject matter of the aircraft over the purchaser in accordance with the terms of this agreement.
3. the registration of the contract of sale shall remain in force for an indefinite period. Conditional sales registration remains in effect until it is rescinded, or until the time period expires, specified in registration, if any are specified.
Article vi the powers of the representatives

Any person may enter into an agreement or a sale, and register an international guarantee for aircraft objects or subject matter of such sales as an agent, trustee or any other representation. In this case, this person has the rights and guarantees in accordance with this Convention.
Article VII description of the aircraft object in the description of the subject of the aircraft, which includes the manufacturer's serial number, the name of the manufacturer and the model designation is necessary and sufficient to identify the subject of the article 7 of the Convention) and the Protocol of point c of paragraph 1 of article V (c)).
Article VIII choice of law 1. This article shall apply only if the Contracting State has made a declaration in accordance with article XXX 1.
2. an agreement or purchase contract, or under warranty, contract or agreement on guarantee priority for the parties may agree on the law under which the will be fully or partially regulated their contractual rights and obligations.
3. have not been otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties, reference to the State's domestic law or, where that State comprises several territorial units, to the territorial unit specified in the domestic legislation.
Chapter II legal remedies in the event of failure to comply commitment, priorities and assignments article IX amendments to the provisions on rights protection products liability in the event of failure to comply 1. in addition to the remedies specified in chapter III of the Convention, the creditor to the extent that the customer has consented to, and upon the conditions laid down in that chapter may: (a)) to request de-registration of the aircraft; and (b)) require to achieve aviation subject export and physical transfer of the territory in which it is located.
2. The creditor shall not exercise the remedies specified in the preceding paragraph, without the guarantee of registered holder's prior written consent, which is a priority in comparison with this vendor registered warranty.
3. Article 8 of the Convention, paragraph 3 shall not apply to aircraft objects. Any legal remedy provided for in the Convention with respect to the subject matter, the aircraft uses commercially reasonable manner. Considers that the protection feature is used commercially reasonable manner where it is used in accordance with the terms of the agreement, except where such a provision is manifestly unreasonable.
4. considers that the collateral taker, in ten or more working days prior to the transaction, the interested parties have provided written notification of expected sales or leases, has fulfilled the requirement of "prior notice provision of the reasonable period of time" referred to in article 8 of the Convention, paragraph 4. The above does not interfere with the collateral taker and the collateral or guarantors agree on a longer period of prior notice.
5. the registration authority in the Contracting State in accordance with the applicable laws and regulations concerning security, meet the requirement for de-registration and export if: (a) the notified party's proper) way made a request in accordance with the register of the irrevocable mandate with regard to the de-registration and export request; and (b)) the notified party shall confirm the registration authority, if this organization is to require that all the guarantees established in the ranks of priority before the vendor guarantees established for which the authorisation has been issued, are met, or that the holder of such guarantees are agreed to and export of de-registration.
6. The collateral taker, which proposes to require aircraft de-registration and export of goods under paragraph 1 otherwise than by order of the Court, shall be submitted within a reasonable time period prior written notice of de-registration and export as expected: a) interested persons specified in article 1 of the Convention, m) and (ii) (i))); and (b)) interested persons specified in article 1 of the Convention m) point III) and who have provided notice of the collateral taker of their rights within a reasonable period of time prior to the de-registration and export.
Article x amendments to the provisions relating to temporary protection features 1. This article shall apply only if the Contracting State has made a declaration in accordance with paragraph 2 of article XXX, and to the extent stated in such declaration.
2. Article 13 of the Convention paragraph 1 "immediately" remedies in the context of the receipt means the number of working days from the date of submission of the application, as specified in the Declaration, presented in the Contracting State in which the application is filed.
3. Article 13 of the Convention, paragraph 1 shall apply, immediately behind d) adding the following text: "(e) if the debtor and creditor) is agreed, for the sale and use of the corresponding revenue", and paragraph 2 of article 43 shall apply, after the words "article 13, paragraph 1 (d)) to include the words" and "e").
4. the customer's ownership or any other rights that move at the time of sale in accordance with the preceding paragraph, shall be exempt from any other warranty in respect of which the international guarantee of the vendor has priority under article 29 of the Convention.
5. The creditor and the debtor or any other interested person may agree in writing on article 13 of the Convention paragraph 2 does not apply.
6. with regard to the remedies referred to in paragraph 1 of article IX: a) for the registration authority and, where appropriate, other administrative authorities in the Contracting State not later than five working days after the AP reported the following institutions that article IX, paragraph 1 of the law protection is granted or, if the remedy granted by the foreign court, recognised by the Court of a Contracting State and that the creditor is entitled to such protection in accordance with the Convention; and (b)), the competent authorities shall cooperate with creditors quickly and helps him to use those rights in accordance with applicable laws and regulations concerning aviation safety.
7. Protocol 2 and (6) without prejudice to any applicable laws and regulations on aviation safety.
Article XI remedies on insolvency

1. This article shall apply only where a Contracting State which is the primary insolvency jurisdiction has made a declaration in accordance with paragraph 3 of article XXX.
(A) option 2. After timed with the insolvency-related event, the insolvency administrator or the debtor, if necessary, in the light of paragraph 7, shall be forwarded to the subject aircraft in the possession of the creditor no later than the earlier of the following dates: (a) the end of the waiting period); and (b)) the date from which the creditor would have been entitled to take possession of the aircraft object if you do not apply this article.
3. for the purposes of this article, the "waiting period" is the period referred to in the Declaration, of a Contracting State which is the primary insolvency jurisdiction.
4. references in this article to the "insolvency administrator" refers to the person in accordance with the official, not personal means.
5. Unless and until the creditor is not able to get possession of the subject in accordance with paragraph 2: a) the insolvency administrator or the debtor, if necessary to keep the subject aircraft, serving it and keeps its value in accordance with the agreement; and (b)) the creditor has the right to request any other type of temporary protection feature, which is available under the applicable law.
6. For the purposes of point (a)) shall not exclude the use of the subject of aviation, in accordance with the conditions laid down to ensure the preservation of this aviation subjects and its maintenance.
7. The insolvency administrator or the debtor, if necessary you can keep possession of the aircraft object, if by the time referred to in paragraph 2, he has prevented all defaults except the default created by the opening of insolvency proceedings and has agreed to perform all future obligations under the agreement. With regard to the future performance of an obligation does not apply to the second waiting period.
8. with regard to the remedies in article IX, paragraph 1 (a)) for the registration authority and, where appropriate, other administrative authorities in the Contracting State not later than five working days after the AP reported the following institutions that he is entitled to the following remedies in accordance with the Convention; and (b)), the competent authorities shall cooperate with the operating accounts payable or help him use these remedies, in accordance with applicable laws and regulations concerning aviation safety.
9. The Convention and this Protocol allowed remedies applied may not deny or delay after the date shown in point 2.
10. any under the arrangement provided for in the accounts liabilities cannot be changed without the consent of the creditor.
11. Nothing in the preceding paragraph be construed to protect the insolvency administrator privileges, if any, to terminate the agreement in accordance with applicable law.
12. Insolvency process no rights or guarantees, except non-contractual rights or guarantees, which falls into the category referred to in the Declaration, in accordance with article 39, paragraph 1, is not a priority compared to the established guarantees.
13. the Convention this Protocol provided for in article IX amendments apply using any remedies under this article.
(B) option 2, then when the timed with the insolvency-related event, the insolvency administrator or the debtor, if necessary at the request of the creditor shall notify the vendor at the time specified in a declaration of a Contracting State, submitted pursuant to paragraph 3 of article XXX, on whether he will eliminate all context): (a) the failure, except for the fulfillment of obligations related to the onset of insolvency proceedings and agree to perform all future obligations under the agreement and related transaction documents; or (b) give the creditor the opportunity) to take possession of the aircraft objects in accordance with applicable law.
3. The applicable law referred to in the preceding subparagraph, point b (b)) may allow the Court to require any additional measures or give any further guarantee.
4. The creditor shall provide evidence of its claims and proof that his international warranty is registered.
5. If the insolvency administrator or the debtor need not submit a notification in accordance with paragraph 2, or when the insolvency administrator or the debtor has declared that it will give the creditor the opportunity to gain possession of the aircraft object, but it is not done, the Court may permit the creditor to take possession of the aircraft objects in his possession, under such conditions as the Court may determine, and may require any additional measures or give any further guarantee.
6. The aircraft object may not be sold until then, pending the decision of the Court in respect of the requirement and the international guarantee.
Article XII insolvency assistance 1. This article shall apply only where a Contracting State has made a declaration in accordance with article XXX 1.
2. the Court of the Contracting State where the object is located, in aviation in accordance with the law of a Contracting State to provide maximum possible cooperation with foreign courts and foreign insolvency administrators to comply with the provisions of article XI.
Article XIII mandates for de-registration and export request 1. This article shall apply only where a Contracting State has made a declaration in accordance with article XXX 1.
2. If the customer provides the irrevocable permission for de-registration and export request form, annexed to this Protocol and has submitted such authorisation for registration the registration authority, such authorisation must be adequately recorded.
3. For whom permission is issued ("the authorised representative"), or its officially appointed person is the only person who has the right to use means of protection of the rights referred to in paragraph 1 of article IX, and can act only in accordance with the authorisation and applicable law and regulations regarding aviation security. Such authorisation may not be withdrawn without the customer notified the person's written consent. The registration authority shall, upon the request of the authorized person removes permissions from the registry.
4. the registration authority and other administrative authorities in Contracting States shall cooperate with the operational persons and helping her to use the tools of protection specified in article IX.

Article XIV amendments to the rules on priorities 1. Aviation subject matter in accordance with the registered buyer purchase acquires rights to these items that are free of the later registered warranties and guarantees are not registered, even if the buyer actually know about unregistered guarantee.
2. the subject of aviation, the purchaser acquires rights to this subject, taking into account any guarantee that registered at the time of the acquisition.
3. ownership or any other rights or guarantees to the aviation engine, it is not affected by setting the aircraft or from the exception.
4. Article 29 of the Convention, paragraph 7 shall apply to components that do not fall within the subject matter, and which are installed in the airframe, engine or helicopter aviation.
Article XV amendments to provisions on assignment of article 33 of the Convention paragraph 1 shall apply as though by b) should include the following text: "and (c)) the customer has given his written consent, whether given before or upon the specifically indicating the assignee."
Article XVI for provisions relating to the customer 1. If there is no obligation to comply with article 11 of the Convention means the debtor is entitled without restriction to manage and use the items under the agreement in relation to: (a) its creditor and any) warranty holder, from which the customer is free, under article 29 of the Convention, paragraph 4, or if the customer is a buyer, in accordance with article XIV of the Protocol (1), unless the debtor has agreed otherwise; and (b) the holder of any guarantees) for which customer rights or guarantee is subject, in accordance with article 29 of the Convention, paragraph 4, or if the customer is a buyer, in accordance with article XIV of this Protocol, but only to the extent that such holder has agreed.
2. nothing in the Convention or this Protocol, do not touch the vendor's liability for any breach of the agreement in accordance with applicable law, to the extent that this agreement applies to aircraft objects.
The provisions of chapter III of the international registration in respect of the guarantees for aircraft objects article XVII, the supervisory authority and the Registrar 1. the supervisory authority shall be the international body designated by resolution adopted by the diplomatic Conference on the Convention on mobile equipment and aircraft protocol.
2. If the authority referred to in the previous paragraph, cannot or does not want to act as supervisory authority, signed the Convention and the Conference of the Contracting States to appoint another supervisory authority.
3. the supervisory body, its officers and employees are immune from any judicial and administrative proceedings, which lays down the rules which refer to it as an international institution or in another way.
4. the supervisory authority may establish a Commission of experts from the parties, the proposed Convention signed and given the Contracting States and who have the necessary qualifications and experience, and to ask it to provide assistance to the supervisory authority in the performance of its functions.
5. the first Registrar runs the international registry for a period of five years from the date of entry into force of the present Protocol. Then the management authority of the Registrar is appointed every five years or for the repeated term.
Article XVIII the first rules first adopted the provisions of supervisory authority so that they take effect, starting with the entry into force of this Protocol.
Focal points designated by article XIX 1. subject to paragraph 2, a Contracting State may at any time appoint a body or bodies in its territory for the contact point or points of contact, through which you can send or send your registration information to the international registry, except for the announcement of the national registration of the guarantee or right or guarantee registration in accordance with article 40, which in both cases arising under the law of another country.
2. the appointment in accordance with the preceding paragraph may permit, but not be obliged to use the designated focal point or focal points, to submit information which is necessary for registration of aviation engines.
Article XX additional modifications to registry provisions 1. Article 19 of the Convention 6 the search criteria on the subject of aviation is the name of the manufacturer, the manufacturer's serial number and model designation, where applicable, supplemented with other information, to ensure uniqueness. The following additional information is provided for in the regulations.
2. Article 25 of the Convention paragraph 2 and under the conditions described in the registered international assurances or conditional registered international warranty conditional upon the holder or the person on whose behalf the conditional sale of registered, within their competence, take measures to ensure the registration of the cancellation no later than five working days after the requirements set out in this paragraph.
3. the fees referred to in article 17 of the Convention, paragraph 2 (h)), defined so as to cover reasonable costs associated with the establishment of the international registry, performance and tuning, as well as the supervisory authority the reasonable costs associated with the exercise of its functions, powers and duties provided for in article 17 of the Convention, paragraph 2.
4. International central registry functions carried out by the Registrar and controlled around the clock. The different points of contact at least during work hours in their respective territories.
5. the insurance or financial guarantee amount referred to article 28 of the Convention (4), in respect of each incident is not less than the subject of the aircraft's maximum value, determined by the supervisory authority.
6. Nothing in the Convention does not interfere with the Registrar to create the insurance or financial guarantee to cover losses for which the Registrar is not liable under article 28 of the Convention.
Chapter IV JURISDICTION article XXI amendments to rules on jurisdiction in article 43 of the Convention and in the light of article 42 of the Convention, the Court of a Contracting State also has jurisdiction in the case, if the object is a helicopter, or an airframe that is attached to the aircraft, for which that State is the State of registration.
Article XXII of the waiver of the immunity of independent

1. subject to paragraph 2, a waiver of immunity against independent jurisdiction provided for in the Convention or article 42.43 or related to law and enforcement of guarantees as regards aircraft objects in accordance with the Convention shall be binding and, if other conditions are met for such jurisdiction or enforcement, such waiver is valid for assigned jurisdiction and accordingly allow the forced implementation.
2. the waiver provided for in the previous paragraph is expressed in writing, and it includes a description of the subject of aviation.
Chapter v relationship with other conventions article XXIII relationship with the Convention on the rights of the aircraft of international recognition of the Convention Contracting State that is a party to the Convention on the rights of the aircraft recognition of international signed in Geneva 19 June 1948, supersede that Convention in the part relating to aircraft, as defined in this Protocol, and to aircraft objects. But in the case of rights or guarantees which fall outside the scope of this Convention or to which it does not apply, the Geneva Convention is not replaced.
Article XXIV relationship with the Convention on the unification of certain rules relating to the previous attachment 1. Convention Contracting State that is a party to the Convention on the unification of certain rules relating to the previous attachment, which signed in Rome on 29 May 1933, replacing that Convention in the part relating to aircraft, as defined in this Protocol.
2. The abovementioned Convention this Protocol, Member States of the deposit of instruments of ratification, acceptance, approval or accession at the time it may declare that it will not apply this article.
Article XXV relationship with the UNIDROIT Convention on international financial leasing Convention replaces the UNIDROIT Convention on international financial leasing, signed at Ottawa on 28 May 1988, relating to the subject matter.
Chapter VI final provisions Article XXVI signature, ratification, acceptance, approval or accession 1. this Protocol is open for signature in Cape Town on 16 November 2001, States participating in the diplomatic Conference on the Convention on mobile equipment and the Protocol on aircraft making, which takes place in Cape Town from 29 October 2001 to 16 November. After 16 November 2001 this Protocol is open for signature to all States in the International unification of private law (UNIDROIT) Institute headquarters in Rome until it enters into force in accordance with Article XXVIII.
2. this Protocol shall be subject to ratification, acceptance or approval by States which have signed it.
3. any State not party to this Protocol may accede to it at any time.
4. Ratification, acceptance, approval or accession is effected on the submitting official document depository.
5. a State may not become a member of this Protocol or, if it is not also becomes a member of the Convention.
Article XXVII regional economic integration organisations 1. Any regional economic integration organization, which established the independent countries and which has jurisdiction in certain matters governed by this Protocol, can also sign, accept, approve or accede to this Protocol. In such a case, the regional economic integration organization party to the right and the duty, if this organisation is competent in matters governed by this Protocol. If the number of Contracting States is relevant in this Protocol, the regional economic integration organization shall not count as a Contracting State in addition to its Member States which are Contracting States.
2. A regional economic integration organization signature, acceptance, approval or accession with the depositary shall be submitted at the time of the Declaration, which outlines the issues regulated in this Protocol in respect of which competence has been transferred to that organisation by its Member States. A regional economic integration organization shall promptly notify the depositary of any changes to the distribution of competences, which notified in accordance with this paragraph, including the Declaration given on new areas of expertise.
3. any reference to a "Contracting State" or "Contracting States", "Member" or "Member States" shall also apply to this Protocol, the regional economic integration organization, if necessary according to the context.
Article XXVIII entry into force 1 this Protocol shall enter into force on the first day of the month following the expiration of three months from the date of the deposit of the instrument of ratification, acceptance, approval or accession, the eighth document, between the countries that have deposited such instruments.
2. for other States this Protocol shall enter into force on the first day of the month following the expiration of three months from the date of the deposit of the instruments of ratification, acceptance, approval or accession.
Article XXIX territorial units 1. If a Contracting State has territorial units in which different systems of law in respect of matters governed by this Protocol, its instrument of ratification, acceptance, approval or accession, may declare at the time that this Protocol is to extend to all its territorial units or only to one or more of them and may modify its declaration at any time by submitting another declaration.
2. Each such statement shall clearly indicate its territorial units to which this Protocol applies.
3. If a Contracting State has not made any declaration under paragraph 1, this Protocol shall apply to all territorial units of that State.
4. where a Contracting State extends this Protocol to one or more of its territorial units, declarations permitted under this Protocol may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from that submitted a declaration in respect of another territorial unit.
5. If the Declaration referred to in paragraph 1 of this Protocol of assistance has been applied to one or more of the parties to the national territorial units:

(a)) believes that the debtor is located in a Contracting State only if it is established or constituted under the law in force in a territorial unit to which the Convention and this Protocol, or if the registered office or head office, Administration Centre, place of business or habitual residence in a territorial unit to which the Convention and this Protocol;
(b) a reference to the object) every location in a Contracting State refers to the location of the object in a territorial unit to which the Convention and this Protocol; and (c)), any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities that have jurisdiction in a territorial unit to which the Convention and this Protocol, and all references to the national registry or registration authority in that Contracting State shall be considered as references to the existing aircraft register or registration authority that has jurisdiction in the territorial unit or territorial units covered by the Convention and this Protocol.
Article xxx declarations relating to certain provisions 1. Contracting State to this Protocol the instruments of ratification, acceptance, approval or accession when it may declare that it will apply one or more of the VIII of this Protocol, article XII and XIII.
2. a Contracting State to this Protocol the instruments of ratification, acceptance, approval or accession when it may declare that it will apply in full or in part in article X of this Protocol. If it so declares with regard to paragraph 2 of article X, it determines the required period of time.
3. a Contracting State to this Protocol the instruments of ratification, acceptance, approval or accession when it may declare that it will apply article XI full version A or B variant, and in this case, specify the types of insolvency proceeding, if any, to which it will apply for A variation, and the types of insolvency proceeding, if any, to which it will apply the B option. A Contracting State making a declaration under this paragraph shall be laid down in article XI of the required period of time.
4. the courts of the Contracting States shall apply article XI in conformity with the Declaration, presented by the Contracting State which is the primary insolvency jurisdiction.
5. a Contracting State to this Protocol the instruments of ratification, acceptance, approval or accession when it may declare that it will not be applied in full or in part in the provisions of article XXI. The Declaration shall specify under which conditions the relevant article will be applied, if the examples in part, or any other temporary remedies will apply otherwise.
Article XXXI declarations under the Convention, the declaration provided for in the Convention, including those made in accordance with the provisions of the Convention 39, 40, 50, 53, 54, 55, 57, 58 and 60. considers article also provided for under this Protocol, unless otherwise specified.
Article XXXII reservations and declarations 1. This Protocol can not make any reservations, but can provide, XXIV, XXIX, XXX, XXXI and XXXIII XXXIV article declarations permitted under this article.
2. all declarations or declarations, or later withdrawal of the Declaration made in accordance with this Protocol shall notify the depositary in writing.
Article XXXIII subsequent declarations 1. a Member State may make a declaration later, which is not in accordance with article XXXI declarations provided under article 60 of the Convention, at any time after the date on which this Protocol has entered into force with respect to that country by notifying the depositary.
2. Any such later declaration shall enter into force on the first day of the month following the expiration of a period of six months after receipt of the notice to the depositary.
If the notification is set for a longer period of time until this Declaration entered into force, it shall enter into force after the expiry of the maximum period of time after the notification is received by the depositary.
3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply as if the Court had not submitted any later declarations for all the rights and guarantees arising before any such declaration later effective date.
Article XXXIV withdrawal of Declarations 1. Any Member State which has made a declaration in accordance with this Protocol, which is not in accordance with article XXXI declarations submitted under article 60 of the Convention, it can be withdrawn at any time by notification to the depositary. This withdrawal shall take effect on the first day of the month following the expiration of a period of six months after receipt of the notification the depositary.
2. Notwithstanding the previous paragraph, this Protocol shall continue to apply, as if no such withdrawal of Declaration had been made, in respect of all the rights and guarantees arising before any such cancellation effective date.
Article XXXV denunciation 1. any Member State may denounce this Protocol by written notice to the depositary.
2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months from the date on which the notification is received by the depositary.
3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no such denunciation had been made, in respect of all the rights and guarantees arising before any such effective date of denunciation.
Article XXXVI review conferences, amendments and related matters 1. The depositary shall, after consultation with the management authority every year or when circumstances so require, the report to Member States on how the international system established by the Convention and amended by this Protocol, has operated in practice. In preparing such reports, the depositary shall take into account the reports of the supervisory authority the international registration system.
2. by not less than twenty-five percent of the demand of the Member States of the depositary, in consultation with the supervisory authority, from time to time organised by the Member States in the Review Conference, to discuss: (a) of the Convention), as amended by this Protocol, the implementation in practice and its effectiveness in facilitating the asset-based financing and leasing of the objects covered by its terms;
(b)) the provisions of this Protocol and the legal interpretation and application;

(c)) of the international registration system, the work of the Registrar and its oversight by the supervisory authority, taking into account the reports of the supervisory authority; and (d)) or any changes are required in this Protocol or the arrangements relating to the international registry.
3. Any amendment to this Protocol shall adopt at least a two-thirds majority of the Member States participating in the Conference referred to in the preceding paragraph, and the amendment shall enter into force in respect of States which have ratified, accepted or approved this amendment when it is ratified, accepted or approved by eight States in accordance with the provisions of Article XXVIII on the entry into force.
Article XXXVII depositary and its functions 1. instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the unification of private law (UNIDROIT), which is tasked to perform the functions of the depositary.
2. The depositary shall: (a)) inform all Contracting States of: i) each new signature or facts of the instruments of ratification, acceptance, approval or accession deposit, indicating the relevant date;
II) date of entry into force of the present Protocol;
(ii) each declaration), submitted in accordance with this Protocol, specifying the relevant date;
(iv) the withdrawal of any declaration) or amended, specifying the relevant date; and v) notice of denunciation of this Protocol by specifying the appropriate date and the date when the denunciation takes effect;
(b)) to all Contracting States to this Protocol the original certified copies;
(c)) and transferred to the supervisory authority the Registrar all the instruments of ratification, acceptance, approval or accession, specifying the date of the corresponding deposit, declaration or cancellation of all declarations or amended and all the copies of the notification of denunciation of the copies, indicating the relevant statement date, so that the information stored on them can be easily and fully available; and (d)) of other features to the depositary.
Stating the above, the undersigned duly authorised representatives have signed this Protocol.
Cape Town two thousand in the first year of the sixteenth of November the only original copy in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity they acquired after the Conference, a joint secretariat of the President of the Conference within ninety days of the mandate from the date specified in the text have been checked by cross-compliance.
 
Annex irrevocable DE-REGISTRATION and export request authorisation form referred to in article XII of the annex [date] to: [name of the authority of registration]: irrevocable de-registration and export request authorisation signed by the person at the bottom is the registered [operator] [owner] (*) [the airframe/helicopter manufacturer name and model number], which the manufacturer's serial number is [the manufacturer's serial number] and registration [number] [mark] [registration number/mark] (together with all installed, incorporated or attached accessories , ingredients and equipment, the "aircraft").
This document is an irrevocable de-registration and export request authorisation issued by the bottom of the subscribed person [vendor name] ("the authorised representative"), in accordance with the Protocol in good for aviation equipment article XIII to the Convention on international guarantees in relation to mobile equipment. In accordance with that article, the undersigned hereby requests the person subscribed: i) admit that the authorized person or the person designated by it as its representative, is the only person who has the right to: (a)) to make the aircraft de-registration from [name of aircraft register] maintained by the [name of the authority of registration] in accordance with the provisions of the Convention on international civil aviation, signed in Chicago in 1944 which 7 December, chapter III; and (b)) to provide aircraft export and physical transfer of [country name];
II) confirm that the authorized person or person, which it has designated as his representative, may take the action specified in paragraph i above), after written request without the consent of the undersigned and that, following the request of the [national] authorities shall cooperate with the notified person to quickly complete the following activities.
Without the written consent of the authorised person of the subscription at the bottom of the person can not withdraw the authorised person of the rights which are conferred on it by this document.
Please acknowledge your agreement to this request and its terms, making the appropriate entry in the space provided below the bottom of the document, and submit this document [name of the authority of registration].
[the operator/owner's name]
Coordinated and submitted [date] [name and title of signer] [information on the country in question]