On ratification of the Convention on International Interests in Mobile Equipment and the Protocol on Aviation Equipment to the Convention on International Interests in Mobile Equipment

Law of the Republic of Kazakhstan dated July 5, 2012 No. 29-V

     RCPI's note!       For the procedure for the enactment of this Law, see art.

     Article 1. To ratify The Convention on International Interests in Mobile Equipment, done at Cape Town on 16 November 2001, with the following declarations:       1. According to subparagraph (a) of paragraph 1 of Article 39 of the Convention:       The Republic of Kazakhstan declares that the following categories of non-contractual rights or guarantees of creditors:       1) remuneration requirements that have arisen since the date of the announced default of the employer's obligations under the financing or leasing agreement of the facility;       2) the claims of persons who carried out repair work at the facility in their possession to pay for such work within the amount of the cost of the work performed and the amount by which the cost of the facility was increased, -       In accordance with its legislation, they have priority over any guarantee for an object equivalent to the priority that a guarantee belonging to the holder of a registered international guarantee has, and which prevail over a registered international guarantee, regardless of whether this guarantee is related to insolvency proceedings or not.       2. According to subparagraph (b) of paragraph 1 of article 39 of the Convention:       The Republic of Kazakhstan declares that nothing in this Convention affects the right of the Republic of Kazakhstan or a State organization, intergovernmental organization or other private provider of public services to arrest or detain a facility in accordance with the legislation of the Republic of Kazakhstan in payment of amounts owed to such organization or supplier directly related to the provision of such services for the specified facility or other facility.       3. According to paragraph 4 of article 39 of the Convention:       The Republic of Kazakhstan declares that the right or guarantee of one of the categories covered by the declaration made pursuant to subparagraph (a) of paragraph 1 of article 39 of the Convention has priority over the international guarantee registered before the date of ratification of the Protocol.       4. According to article 40 of the Convention:       The Republic of Kazakhstan declares that the following categories of non-contractual rights or guarantees:        1) the right of a person who has received a judicial act providing for the seizure of an aviation facility for the purpose of full or partial enforcement of a court decision that has entered into force; 2) the right to seize property and other rights of state bodies to secure payment of arrears in taxes and any other payments (not included in the application under subparagraph (a) of paragraph 1 of Article 39 of the Convention);        3) any other non-contractual rights or guarantees not included in the declaration under subparagraph (a) of paragraph 1 of Article 39 of the Convention are subject to registration in accordance with this Convention for any category of objects, as if such rights or guarantees were international guarantees, and should be considered as international guarantees.       5. According to article 53 of the Convention:       The Republic of Kazakhstan declares that the relevant courts for the purposes of article 1 and chapter XII of the Convention are all courts of the Republic of Kazakhstan, which have jurisdiction over the relevant dispute in accordance with the legislation of the Republic of Kazakhstan.       6. According to paragraph 2 of article 54 of the Convention:       The Republic of Kazakhstan declares that any method of protection of rights available to the creditor in accordance with any of the provisions of the Convention and not clearly defined in it as a method of protection of rights, which should be applied to the court, can be applied without a court order, decision or any other judicial act.       Article 2. To ratify the Protocol on Aviation Equipment to the Convention on International Interests in Mobile Equipment, done in Cape Town on November 16, 2001, with the following declarations:       1. According to paragraph 1 of Article XXX of the Protocol: The Republic of Kazakhstan declares that it will apply article VIII of the Protocol; the Republic of Kazakhstan declares that it will apply article XII of the Protocol; the Republic of Kazakhstan declares that it will apply Article XIII of the Protocol.       2. According to paragraph 2 of Article XXX of the Protocol: The Republic of Kazakhstan declares that it will apply Article X of the Protocol in full and that the number of working days used for the purposes of the deadline specified in paragraph 2 of Article X of the Protocol will be:       1) with respect to the measures defined in subparagraphs (a), (b) and (c) of paragraph 1 of Article 13 of the Convention (on the preservation of aviation facilities and their Value; on the transfer of ownership, control or storage of aviation facilities; on the prohibition of changing the location of aviation facilities), no more than 10 (ten) calendar days;        2) with respect to the measures specified in subparagraphs (d) and (e) of paragraph 1 of Article 13 of the Convention (on the transfer of aviation facilities to leasing or management with the extraction of income from the said; on the sale and use of proceeds from the sale of aviation equipment), no more than 30 (thirty) calendar days.        3. According to paragraph 3 of Article XXX of the Protocol: The Republic of Kazakhstan declares that it will apply Option A of Article XI of the Protocol fully to all types of insolvency proceedings and that the waiting period for the purposes of paragraph 3 of Article XI of the Protocol of this option is 60 (sixty) calendar days.       Article 3. This Law shall enter into force on March 25, 2008.

     President of the Republic of Kazakhstan N. NAZARBAYEV

  CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT

     states - THE PARTIES TO THIS CONVENTION, AWARE of the need to purchase and use mobile equipment of great value or special economic importance and to assist in financing the acquisition and effective use of such equipment, RECOGNIZING the advantages of leasing and asset-backed financing and desiring to facilitate such transactions by establishing clear regulatory rules, BEARING in MIND the need to ensure universal recognition and protection of guarantees concerning such equipment,       DESIRING to ensure broad and mutual economic benefits for all stakeholders, the parties ARE CONVINCED that such rules should reflect the principles underlying leasing and asset-backed financing, and ensure respect for the principle of the autonomy of the will of the parties in these transactions, AWARE of the need to establish a legal framework for international safeguards in relation to such equipment and create for this the objectives of the international registration system for their protection, TAKING INTO ACCOUNT the objectives and principles set out in existing conventions, related to such equipment, HAVE AGREED to the following provisions:

  Chapter I

  Scope of application and general provisions

  Article 1. Definitions

In this Convention, except where circumstances require otherwise, the following terms are used with the meaning given below: (a) "agreement" means an agreement to enforce an obligation, a pre-sale agreement with reservation of ownership, or a leasing agreement;        (b) "Assignment" means a contract under which the assignee is granted rights related to the object, with or without transfer of an appropriate international guarantee, regardless of whether this contract was concluded by providing security; (c) "rights related to the object" means all rights to receive payment or other performance of an obligation by the debtor by agreement, which are provided by or associated with the facility;        (d) "Commencement of insolvency proceedings" means the time at which insolvency proceedings are considered to have begun under the applicable insolvency law; (e) "Potential buyer" means a buyer under a pre-sale agreement with reserved ownership; (f) "potential seller" means a seller under a pre-sale agreement with reserved ownership; (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 paragraph (a) above;       (h) "Court" means a court of general jurisdiction, or an administrative tribunal, or arbitration established by a Contracting State; (i) "creditor" means a mortgagee under a security agreement, a potential seller under a pre-sale agreement reserving ownership, or a lessor under a leasing agreement;       j) "debtor" means the pledgor under an agreement to enforce the obligation, a potential buyer under a pre-sale agreement with reservation of ownership, a lessee under a leasing agreement, or a person whose right to the object is encumbered by any other registered non-contractual right or guarantee;       (k) "Insolvency administrator" means a person authorized to manage a reorganization or liquidation, including one appointed on an interim basis, and includes the debtor in possession, if permitted by applicable insolvency law; (l) "Insolvency proceedings" means bankruptcy, liquidation, or other collective judicial or administrative proceedings, including temporary in which the assets and business activities of the debtor are subject to control or supervision by the court for the purpose of reorganization or liquidation;       m) "interested parties" means: i) the debtor; ii) any person who, in order to ensure the fulfillment of any obligation in favor of the creditor, gives a guarantee or provides a guarantee on demand, issues a reserve letter of credit or any other document on securing the loan; iii) any other person who has rights to the object;       n) "internal transaction" means a transaction of one of the types listed in subparagraphs (a)-(c) of paragraph 2 of article 2, if the center of the main interests of all parties in such a transaction and the object of the transaction (the location of which is determined in accordance with the provisions of Protocol) are located at the time of the conclusion of the transaction in the same Contracting State and if the guarantee created by the transaction has been registered in the national register of that Contracting State, which has made a declaration pursuant to paragraph 1 of Article 50;       (o) "International guarantee" means a guarantee held by a creditor to which article 2 applies; (p) "International Registry" means an international registration service established for the purposes of this Convention; or q) "leasing agreement" means an agreement under which one person (the lessor) grants another person (the lessee) the right to own or manage an object (with or without the right to purchase it) for rent or other payment;       (r) "National guarantee" means a guarantee in respect of an object held by the creditor and which is formed as a result of an internal transaction subject to a declaration made under paragraph 1 of article 50; (s) "Non-contractual right or guarantee" means a right or guarantee granted under the law of the Contracting State that made the declaration under Article 39, to ensure the fulfillment of an obligation, including an obligation to a State, a public organization, or an intergovernmental or private organization;       (t) "Notification of a national guarantee" means a notification registered or to be registered in an International Register that a national guarantee has been established; (u) "object" means an object belonging to one of the categories to which the provisions of article 2 apply; (v) "Pre-existing right or guarantee" means any kind of right or guarantee a guarantee in respect of an object that arose or existed prior to the date of entry into force of this Convention, as defined in subparagraph (a) of paragraph 2 of article 60;       (w) "Compensation" means monetary or non-monetary receipts resulting from the total or partial loss, physical destruction of an object or its total or partial confiscation, forced alienation or requisition; (x) "Conditional assignment" means an assignment that is intended to be made in the future upon the occurrence of the declared event, regardless of whether there is confidence in the occurrence of this event;       (Y) "Conditional international guarantee" means a guarantee that is intended to be issued or provided for an object as an international guarantee in the future upon the occurrence of the claimed event (including the possible acquisition by the debtor of any right to the object), regardless of whether there is confidence in the occurrence of this event; (z) "conditional sale" means a sale that is intended to be made in the future upon the occurrence of a stated event, regardless of whether there is confidence in the occurrence of this event.;       (aa) "Protocol" for any category of objects and related rights to which this Convention applies means the Protocol in force for that category of objects and related rights; (bb) "registered" means entered in the International Register in accordance with chapter V; (cc) "registered guarantee" means international a guarantee, a registered non-contractual right or guarantee, or a national guarantee specified in the national guarantee notice, which are registered in accordance with Chapter V;       (dd) "Registrable non-contractual right or guarantee" means a non-contractual right or guarantee subject to registration in accordance with a declaration deposited in accordance with article 40; (h) "Registrar" means, with respect to the Protocol, a person or authority defined in In accordance with the Protocol or designated in accordance with subparagraph (b) of paragraph 2 of Article 17; ff) "rules" means the rules established or approved by the Supervisory Authority in accordance with the Protocol; gg) "sale" means the transfer of ownership of the object in accordance with the contract of sale;       hh) "secured obligation" means an obligation that is secured by an appropriate security guarantee; ii) "obligation enforcement agreement" means an agreement under which the pledgor transfers or agrees to transfer to the pledgee any right (including ownership) to the object in order to ensure the fulfillment of any existing or future obligation of the pledgor or a third party; (jj) "Security guarantee" means a guarantee created on the basis of an agreement to ensure the performance of an obligation;       kk) "Supervisory authority" means, with respect to the Protocol, the Supervisory Authority referred to in paragraph 1 of Article 17; ll) "pre-sale agreement with reservation of ownership" means an agreement on the sale of an object with the proviso that ownership of it does not transfer until the conditions or conditions stipulated in such agreement are fulfilled;       mm) "unregistered guarantee" means a contractual guarantee or a non-contractual right or guarantee (other than the guarantee to which article 39 applies) that has not yet been registered, regardless of whether they are subject to registration in accordance with this Convention; nn) "in writing" means a record of information (including information transmitted with by means of telecommunication), which is made in a tangible or other form and can be subsequently reproduced in a tangible form and which reasonably indicates the consent of the person who sent such a recording.

  Article 2. International guarantee

1. This Convention defines the procedure and consequences of the emergence of international guarantees in respect of certain categories of mobile equipment and related rights.       2. For the purposes of this Convention, an international guarantee in respect of mobile equipment is a guarantee that has arisen in accordance with article 7 in respect of an unambiguously identifiable object belonging to one of the categories of objects listed in paragraph 3 and designated in the Protocol, which:       a) provided by the pledgor under an agreement to ensure the fulfillment of the obligation;       b) is owned by a person who is a potential seller under a pre-sale agreement, with reserved ownership, or c) is owned by a person who is a lessor under a lease agreement.       A guarantee covered by subparagraph (a) is not covered by subparagraph (b) or (c).       3. The categories of objects mentioned in the previous paragraphs include:       a) airframes, aircraft engines and helicopters; b) railway rolling stock; c) space vehicles.       4. The applicable law determines whether the guarantee to which paragraph 2 applies is subject to sub-paragraphs (a), (b) or (c) of that paragraph.       5. The international guarantee for the object also applies to the refund for it.

  Article 3. Scope of application

     1. This Convention applies when, at the time of conclusion of the agreement giving rise to or providing for an international guarantee, the debtor is located in a Contracting State.       2. The fact that the creditor is located in a State other than a Contracting State does not affect the applicability of this Convention.

  Article 4. Location of the debtor

     1. For the purposes of paragraph 1 of article 3, the debtor is considered to be located in one of the Contracting States.:       a) in accordance with the legislation of which it was established or formed; b) in which it has a registered office or a headquarters provided for by law; c) in which it has its administrative center or d) in which it conducts its business activities.        2. The reference in subparagraph (d) of the preceding paragraph to the debtor's place of business, if he has more than one such place of business, means the place of business or, if he does not have such a place of business, the place of his habitual residence.

  Article 5. Interpretation and applicable law

     1. In interpreting this Convention, account must be taken of its objectives as defined in the preamble, its international character and the need to promote its uniform and orderly application.       2. Matters that fall within the scope of this Convention, but which are not directly regulated in it, should be regulated in accordance with the general principles on which the Convention is based, or, in the absence of such principles, in accordance with applicable law.       3. References to applicable law are references to the rules of domestic law applicable by virtue of the rules of private international law in force in the State of the court.       4. If a State consists of several territorial units, each of which has its own rules of law in relation to the issue to be settled, and if there are no references to the relevant territorial unit, the territorial unit whose rules are to be applied is determined by the law of that State. In the absence of any rule in this regard, the law of the territorial unit with which the case is most closely related applies.

  Article 6. Relationship between the Convention and the Protocol

     1. This Convention and The Protocol is considered and interpreted jointly as a single document.       2. In the event of any inconsistency between this Convention and the Protocol, the Protocol shall prevail.

  Chapter II

  Formation of an international guarantee

  Article 7. Formal requirements

     In accordance with this Convention, a guarantee is formed as an international one if the agreement that creates it or provides for:       a) it is drawn up in writing; b) it refers to the object that the pledgor, potential seller or lessor have the right to dispose of; c) it allows to identify the object in accordance with the Protocol; d) it allows, in relation to the agreement on the enforcement of obligations, to determine the existence of secured obligations, but does not necessarily contain indications of the amount or maximum the amount of collateral.

  Chapter III

  Ways to protect rights in case of default.

  Article 8. Ways to protect the rights of the pledgee

     1. In the event of non-performance of an obligation within the meaning of article 11, the pledgee may, to the extent that the pledgor has at any time agreed to it, and subject to any declaration that may be made by a Contracting State pursuant to article 54, avail himself of one or more of the following remedies:        a) to take possession of an object provided to him in order to ensure the fulfillment of an obligation or to establish control over it; b) to sell or lease any such object;        c) to collect or receive any income or profit that results from the management or use of such an object.       2. The pledgee may alternatively request the court to issue a decision authorizing or ordering the commission of any of the actions specified in the preceding paragraph. 3. Any method of protecting the rights specified in subparagraphs (a), (b) or (c) of paragraph 1 or in article 13 shall be used in a commercially reasonable manner. It is considered that a method of protecting rights is used in a commercially reasonable manner if it is applied in accordance with any provision of the agreement on the enforcement of obligations, except in cases where such a provision is clearly unjustified.        4. The mortgagee intending to sell an object or lease it in accordance with paragraph 1 shall, within a reasonable time, provide prior written notification of the proposed sale of the object or lease it to: (a) interested parties specified in subparagraphs i) and ii) paragraph m) of article 1; (b) interested parties specified in subparagraph (iii) Paragraph (m) of article 1, who, within a reasonable time prior to the sale or transfer of the facility to leasing, notified this mortgagee of their rights.       5. Any amount collected or received by the pledgee as a result of using any method of protecting the rights specified in paragraph 1 or 2, is directed to cover the amount of secured obligations.       6. If the amounts collected or received by the pledgee as a result of using any method of protection of rights specified in paragraph 1 or 2 exceed the amount secured under the security guarantee and any reasonable costs associated with the use of such method of protection of rights, then, unless the court has ruled otherwise, the pledgee distributes the surplus among the holders subsequent guarantees that have been registered or notified to the mortgagee, in the order of priority, and pays any remaining balance to the mortgagor.

  Article 9. Transfer of ownership rights in order to satisfy obligations; exemption from collateral encumbrances

     1. At any time after non-fulfillment of an obligation within the meaning of article 11, the pledgee and all interested parties may agree that ownership (or any other right of the pledgor) in respect of any object covered by the security guarantee shall pass to the pledgee in order to satisfy all or part of the secured obligations.       2. At the request of the pledgee, the court may decide that the ownership right (or any other right of the pledgor) in respect of any object covered by the security guarantee passes to the pledgee in order to satisfy all or part of the secured obligations.       3. The court shall satisfy the application referred to in the preceding paragraph only if the amount of secured obligations to be satisfied by such transfer is commensurate with the value of the object, taking into account all upcoming payments by the pledgee to any interested parties.       4. At any time after non-fulfillment of an obligation within the meaning of article 11, but before the sale of the encumbered object or the issuance of a decision in accordance with paragraph 2, the pledgor or any interested person may discharge their obligations with respect to the object encumbered by a security guarantee by paying the full amount of security, but on condition that the object has been leased by the pledgee in accordance with subparagraph (b) of paragraph 1 of Article 8 or by a decision rendered in accordance with paragraph 2 of Article 8. If, after such non-fulfillment of the obligation, the payment of the security amount in full is made by any interested person, but not by the debtor, the rights of the pledgee shall pass to this person.       5. The right of ownership or any other right of the pledgor transferred upon sale by virtue of subparagraph (b) of paragraph 1 of article 8 or transferred in accordance with paragraph 1 or 2 of this article, are free from encumbrance by any other guarantee in respect of which the security guarantee of the pledgee has priority in accordance with the provisions of article 29.

  Article 10. Ways to protect the rights of a potential seller or lessor

In the event of non-fulfillment of the obligation stipulated in article 11 under the pre-sale agreement with reservation of ownership or under the lease agreement, the potential seller or, depending on the circumstances, the lessor may:       (a) Subject to any declaration that may be made by a Contracting State pursuant to article 54, terminate such agreement and take possession of or control over any facility to which the agreement relates; or (b) apply to a court for an order, authorizing or prescribing any of the above actions.

  Article 11. Non-fulfillment of an obligation

     1. The debtor and the creditor may at any time agree in writing on the circumstances that constitute non-performance of an obligation or other grounds for the emergence of rights and ways to protect the rights specified in articles 8-10 and 13.2. In the event that the debtor and the creditor have not agreed on this issue, "non-performance of an obligation" for the purposes of articles 8-10 and 13 means such non-performance of an obligation that significantly deprives the creditor of what he has the right to expect under the agreement.

  Article 12. Additional ways to protect your rights

     Any additional means of protecting rights permitted under applicable law, including any means of protecting rights agreed between the parties, may be used to the extent that they do not conflict with the mandatory provisions of this chapter specified in article 15.

  Article 13. Temporary measures to protect rights

     1. A Contracting State, subject to any declaration it may make under article 55, shall ensure that a creditor who provides proof of default by the debtor has the opportunity, before a final decision is rendered on his claim and to the extent that the debtor has at any stage expressed his consent, to receive prompt judicial protection in in the form of one or more of the following types of resolutions, in accordance with how it is stated by the creditor:        a) about the preservation of the object and its value;         b) on the transfer of the object to ownership, control or storage; c) on the prohibition of changing the location of the object; d) on the transfer of the object to leasing or, except in cases covered by subparagraphs (a) - (c), to management with the extraction of income from the specified.        2. By making any of the decisions provided for in the preceding paragraph, the court may establish such conditions as it deems necessary to protect the persons concerned in the event that the creditor:       (a) In executing any decision to grant such protection, it fails to fulfill any of its obligations to the debtor under this Convention; or b) does not formulate, in whole or in part, its position in the framework of making a final decision on this claim.       3. Before making any decision under paragraph 1, the court may require any interested person to be notified of such a request.       4. Nothing in this article affects the application of paragraph 3 of article 8 and does not limit the possibility of applying forms of temporary judicial protection other than those listed in paragraph 1.  

  Article 14. Procedural requirements

     Subject to paragraph 2 of article 54, any method of protecting rights provided for in this chapter shall be used in accordance with the procedural rules of the territory where it is to be implemented.

  Article 15. Digressions

     In their relations with each other, any two or more parties referred to in this chapter may at any time, by entering into a written agreement, waive any previous provisions of this chapter or modify the consequences of their application, with the exception of the provisions of articles 8 (paragraphs 3-6), 9 (paragraphs 3 and 4), 13 (paragraph 2) and 14.

  Chapter IV

  International registration system

  Article 16. International Register

     1. An international registry is being created for registration:       a) international guarantees, conditional international guarantees and registered non-contractual rights and guarantees; b) assignments and conditional assignments of international guarantees; c) acquisition of international guarantees by way of subrogation by virtue of law or by contract in accordance with applicable law; d) notifications of national guarantees; e) the order of subordination of guarantees mentioned in any of the the preceding sub-paragraphs.       2. Various international registers can be created for different categories of objects and related rights.       3. For the purposes of this chapter and chapter V, the term "registration" includes, where appropriate, modification, extension or termination of registration.

  Article 17. The Supervisory authority and the Registrar

     1. The Supervisory Authority provided for in the Protocol shall be established.       2. The supervisory authority:       (a) Establishes or provides for the establishment of an International Registry; (b), except as otherwise provided in the Protocol, appoints and dismisses the Registrar; (c) Ensures that any rights required for the continued effective functioning of the International Registry are provided for or can be transferred to a new Registrar in the event of a change of Registrar.;        (d) After consultation with the Contracting States, adopt or approve and ensure the publication of rules pursuant to the Protocol; (e) establish administrative procedures governing the procedure for filing complaints with the Supervisory Authority about the operation of the International Registry; (f) monitor the activities of the Registrar and the functioning of the International Registry; (g) at the request of the Registrar, give the latter such instructions as The supervisory authority considers it appropriate;        (h) Establish and periodically review the rates of fees for transactions and services provided by the International Registry; (i) Do everything necessary to ensure the functioning of an effective information base of the electronic registration system to achieve the objectives of this Convention; and (j) Periodically report to the Contracting States on the performance of its duties in accordance with this Convention and the Protocol.       3. The Supervisory Authority may conclude any agreements necessary for the exercise of its functions, including any agreement referred to in paragraph 3 of Article 27.4. The supervisory Authority has all property rights in relation to the databases and archives of the International Registry.       5. The Registrar shall ensure the effective functioning of the International Registry and perform the functions assigned to it in accordance with this Convention, Protocol and rules.

  Chapter V.

  Other issues related to registration

  Article 18. Registration conditions

     1. The Protocol and the rules specify the conditions, including the criteria for identifying the object, necessary: (a) for registration (including the provision for the prior transfer of consent in electronic form from any person whose consent is required under article 20), (b) for conducting searches and issuing search certificates, and, subject to this, (c) for to ensure the confidentiality of information and documents of the International Registry, in addition to information and documents related to registration.       2. The Registrar is not obliged to find out whether the actual consent to registration has been given in accordance with article 20 or whether it is valid.       3. In the event that a guarantee registered as a conditional international guarantee becomes an international guarantee, no additional registration is required, provided that the information provided during registration is sufficient to register the international guarantee.        4. The Registrar takes measures to ensure that registration information is entered into the database of the International Registry and is searchable in the chronological order of receipt of information, and the date and time of receipt are recorded in the file.         5. The Protocol may provide that a Contracting State may designate an organization or organizations located on its territories as an information entry point or points through which information necessary for registration will or may be transmitted to the International Register. The Contracting State making such an appointment may specify the requirements, if any, that must be fulfilled before such information is transferred to the International Register.  

  Article 19. Validity and time of registration

1. Registration is valid only if it is carried out in accordance with Article 20.2. Registration, if valid, is completed after entering the required information into the database of the International Registry in such a way that it is searchable.       3. Registration is searchable for the purposes of the previous paragraph from the moment when:        a) The International Registry has assigned it an official registration number, which is established in sequential order;        (b) The registration data, including its official registration number, has been deposited in a form that ensures long-term storage and can be accessed in an International Registry.       4. If a guarantee originally registered as a conditional international guarantee becomes an international guarantee, the international guarantee is considered registered from the moment of registration of the conditional international guarantee, provided that this last registration was still valid immediately before the formation of the international guarantee, as provided for in article 7.        5. The previous paragraph applies, with necessary modifications, to the registration of a conditional assignment of an international guarantee.         6. Registration is searchable in the database of the International Registry in accordance with the criteria set out in the Protocol.  

  Article 20. Consent to registration

     1. An international guarantee, conditional international guarantee, or assignment or conditional assignment of an international guarantee may be registered, and any such registration may be modified or extended before its expiration by either party with the written consent of the other party.        2. Subordination of an international guarantee to another international guarantee may be registered at any time by the person whose guarantee is subordinated, or with the written consent of such person.        3. Registration may be cancelled by the party in whose favor it was made, or with its written consent.       4. The acquisition of an international guarantee by way of subrogation by virtue of law or by contract may be registered by the person to whom such guarantee passes.       5. A registered non-contractual right or guarantee may be registered by its holder.       6. A notification of the existence of a national guarantee may be registered by the holder of such a guarantee.

  Article 21. Period of validity of registration

     The registration of the international guarantee remains in force until its cancellation or until the expiration of the period specified during registration.

  Article 22. Search and provision of information

     1. Any person may, by electronic means, carry out or request a search in the International Register for information on guarantees or conditional international guarantees registered in it in accordance with the procedure established in Protocol and rules.       2. Upon receipt of the relevant request, the Registrar, in accordance with the procedure established in the Protocol and the Rules, issues a certificate on searching information in the register by electronic means in respect of any object: a) containing all registered information about it, indicating the date and time of registration of such information, or b) stating that such information is not contained in the International Register.       3. The search certificate issued in accordance with the previous paragraph indicates that the creditor named in the registration data has acquired or intends to acquire an international guarantee for the object, but does not indicate whether the registered guarantee is an international guarantee or a conditional international guarantee, even if this can be determined based on the relevant registration data.

  Article 23. List of declarations and claimed non-contractual rights or guarantees

     The Registrar shall maintain a list of declarations, withdrawals of declarations and categories of non-contractual rights or guarantees that have been notified to the Registrar by the depositary as declared by the Contracting States in their reservations in accordance with articles 39 and 40, indicating the date of such declarations or withdrawals of declarations. Such a list is recorded and searchable by the name of the reserving State and is provided in accordance with the Protocol and Rules to any person requesting it.

  Article 24. Evidentiary value of certificates

     A document drawn up in the form prescribed by the rules, as a certificate issued by an International Registry, is prima facie evidence of: a) the fact that it was issued by the International Registry; b) the data specified in it, including the date and time of registration.  

  Article 25. Cancellation of registration

     1. In the event of termination of obligations secured under a registered security guarantee, or obligations that led to the emergence of a registered non-contractual right or guarantee, or in the case of fulfillment of the conditions for the transfer of ownership under a registered pre-sale agreement with reservation of ownership, the holder of such guarantee shall, without undue delay, ensure the cancellation of registration after a written request from the debtor, delivered to the address, specified during registration.       2. In the event that a conditional international guarantee or a conditional assignment of an international guarantee has been registered, the prospective creditor or assignee shall, without undue delay, ensure that such registration is cancelled upon a written request from the prospective debtor or assignor, delivered to the address indicated during registration, before the prospective creditor or assignee makes payment or undertakes to make payment.        3. In the event of termination of obligations secured by a national guarantee, which is stipulated in the registered notification of a national guarantee, the holder of such guarantee shall, without undue delay, ensure the cancellation of registration of the notification after a written request from the debtor, delivered to the address indicated during registration.        4. In the event that the registration was erroneous or carried out incorrectly, the person in whose favor the registration was made, without undue delay, ensures its cancellation or modification after a written request from the debtor, delivered to the address indicated during registration.

  Article 26. Access to international registration services

     No one is denied access to the registration and search services available at the International Registry for any reason other than non-compliance with the procedures provided for in this chapter.

  Chapter VI

  Privileges and immunities of the Supervisory Authority and Registrar

  Article 27. Legal personality; immunity

     1. The supervisory authority shall be endowed with international legal personality if it has not previously possessed it. 2. The supervisory authority and its officials and employees shall enjoy such immunity from judicial or administrative actions as is defined in the The protocol.       3. (a) The supervisory authority shall enjoy tax exemption and such other privileges as may be granted by agreement with the receiving State.       b) For the purposes of this paragraph, "receiving State" means the State in which the Supervisory Authority has its headquarters.        4. The property, documents, databases and archives of the International Registry are inviolable and enjoy immunity from arrest or other judicial or administrative actions.        5. For the purposes of any claim directed against the Registrar based on paragraph 1 of article 28 or article 44, the plaintiff has the right to access such information and such documents as are necessary for the plaintiff to conduct the case on the claim.        6. The supervisory authority may waive the inviolability and immunity granted in accordance with paragraph 4.

  Chapter VII

  Responsibility of the Registrar

  Article 28. Liability and financial guarantees

     1. The Registrar is liable for damages in connection with damage caused to any person and directly resulting from erroneous actions or omissions of the Registrar or its officials and employees, or from the improper functioning of the international registration system, except in cases where such functioning is caused by an event of an unavoidable and insurmountable nature that could not be prevented by the best examples of tools commonly used in current practice in the field of design and operation of electronic registers, including the practice of, related to backup and protection of systems and network organization.       2. The Registrar is not responsible, in accordance with the preceding paragraph, for the actual inaccuracy of registration data received by the Registrar or transmitted by the Registrar in the form in which he received this data, as well as for actions or circumstances for which the Registrar and its officials and employees are not responsible and which arose prior to the receipt of registration data in the International Registry.       3. The amount of compensation in accordance with paragraph 1 may be reduced to the extent that the person who suffered the damage caused or contributed to such damage.       4. The Registrar shall provide insurance or financial guarantees to cover the liability specified in this article, to the extent determined by the Supervisory Authority in accordance with the Protocol.

  Chapter VIII.

  Effects of an international guarantee on third parties

  Article 29. Priority of competing guarantees

1. A registered warranty takes precedence over another warranty registered later, as well as over any unregistered warranty.       2. The priority of the guarantee registered first, according to the previous paragraph, applies:       a) even if the guarantee registered first arose or was registered when it was actually known that there was another guarantee; b) even in respect of the advance paid by the holder of the guarantee registered first, despite the fact that he was aware of it.       3. The buyer of the object acquires the rights to the object: a) subject to the encumbrance of any guarantee registered at the time of acquisition of these rights; b) free from the encumbrance of an unregistered guarantee, even if he was actually aware of the existence of one.       4. A potential buyer or lessee acquires a guarantee or rights to this object: a) subject to the encumbrance of any guarantee registered prior to the registration of the international performance guarantee held by the potential seller or lessor;       b) free from encumbrances of a guarantee that has not been registered at the moment in the specified way, even if he was actually aware of the existence of one.       5. The priority of competing guarantees or rights established in accordance with this article may be changed by agreement between the right holders - parties under these guarantees, however, the assignee of any subordinate guarantee is not bound by an agreement on subordination of this security, unless the appropriate hierarchy of claims relating to the said agreement was registered during the cession.        6. Any priority established by this article in relation to any guarantee for an object also applies to compensation.        7. This Convention: a) does not affect the rights of a person to components not included in the facility that he possessed prior to the installation of such components on the facility, if these rights continue to exist after the installation in accordance with applicable law; b) does not prevent the creation of rights to components not included in the facility, previously installed on the facility, if such rights are created in accordance with applicable law.  

  Article 30. Consequences of insolvency

       1. When conducting insolvency proceedings against a debtor, an international guarantee is legally binding if, prior to the commencement of such insolvency proceedings, the said guarantee was registered in accordance with this Convention.        2. Nothing in this article affects the validity of an international guarantee in the course of insolvency proceedings, if that guarantee is valid under applicable law.        3. Nothing in this article affects: (a) the operation of any rules of law applicable to insolvency proceedings that relate to the nullity of a transaction made both for the purpose of creating priority of claims and for the purpose of deceiving creditors, or (b) any procedural rules relating to the enforcement of rights in respect of property that is under external control or under the supervision of the insolvency representative.  

  Chapter IX

  Assignment of object-related rights and international guarantees; rights of subrogation

  Article 31. Consequences of the cession

     1. Except as otherwise agreed by the parties, when making an assignment of rights related to the object in accordance with article 32, the assignee shall also be provided with: (a) an appropriate international guarantee; (b) all guarantees and pre-emptive rights of the assignor provided for in this Convention.       2. Nothing in this Convention prevents a partial assignment of the assignor's rights related to the object. In the case of such a partial assignment, the assignor and the assignee may come to an agreement regarding their respective rights related to the international guarantee that are the subject of assignment on the basis of the preceding paragraph; however, this should not have negative consequences for the debtor without his consent.       3. Subject to the provisions of paragraph 4, the remedies and rights of set-off of claims that the debtor may use against the assignee are determined on the basis of the applicable law.       4. The debtor may at any time waive in writing all or part of the remedies and rights of set-off of the claims mentioned in the preceding paragraph, except for remedies arising from deceptive actions on the part of the assignee.       5. When carrying out an assignment, as a way of securing obligations, the rights related to the object that are the subject of assignment are transferred back to the assignor to the extent that they continue to exist at the time when the obligations secured by the assignment are fulfilled.

  Article 32. Formal requirements for an assignment

     1. An assignment of rights related to an object transfers an appropriate international guarantee for the performance of obligations only if it: a) is made in writing; b) allows the identification of rights related to the object under the contract on the basis of which they arise; c) - in the case of an assignment as a way of securing obligations - allows the identification of obligations secured by the assignment in accordance with the Protocol, but without specifying the amount or maximum amount of collateral.       2. An assignment of an international guarantee that has arisen on the basis of an agreement on the enforcement of an obligation or is provided for by it will not be valid if some or all of the rights related to the object are also not the subject of assignment. 3. This Convention does not apply to an assignment of rights related to the object that is not valid for the transfer of the relevant international guarantee.

  Article 33. Obligations of the debtor to the assignee

     1. To the extent that the rights related to the object and the corresponding international guarantee are transferred in accordance with the provisions of articles 31 and 32, the debtor party with respect to such rights and such guarantee is bound by the assignee and is obligated to make payment or otherwise fulfill the obligation to the assignee, but only if:        a) the debtor has been notified in writing about the assignment by the assignor or on his authority; b) the notification identifies the rights related to the object.         2. Regardless of any other reason why a payment or other form of performance of an obligation by the debtor releases him from liability, such payment or performance of an obligation is valid for this purpose if they are made in accordance with the preceding paragraph.         3. Nothing in this article affects the priority of competing assignments.  

  Article 34. Means of protecting rights in case of non-fulfillment of obligations under an assignment agreement performed as a means of securing obligations

     In the event that the assignor fails to fulfill the obligation to perform an assignment of rights related to the object and the corresponding international guarantee as a way of securing obligations, articles 8, 9 and 11-14 apply in the relationship between the assignor and the assignee (and with regard to rights related to the object, they apply to the extent applicable to intangible property), as if a) the references to the secured obligation and the security guarantee would be references to the obligation secured by the assignment of the rights related to the object and the corresponding international guarantee, and the security guarantee resulting from such an assignment; b) the mortgagee or creditor and the mortgagor or debtor were references to the assignee and the assignor; c) the copyright holder under the international guarantee were references to the assignee; d) the object were references to the object-related rights to be assigned and the corresponding international guarantee.  

  Article 35. Priority of competing assignments

     1. In the case where there are competing assignments of object-related rights and at least one of such assignments includes a corresponding international guarantee and is registered, the provisions of article 29 shall apply as if references to the registered guarantee were references to the assignment of object-related rights and the corresponding registered guarantee, and as if references to a registered or unregistered guarantee there were references to a registered or unregistered assignment.       2. Article 30 applies to the assignment of object-related rights as if references to an international guarantee were references to the assignment of object-related rights and the corresponding international guarantee.

  Article 36. The assignee's priority in relation to the rights related to the object

1. The assignee of the rights related to the object and the corresponding international guarantee, whose assignment is registered, shall have priority in the sense of paragraph 1 of article 35 over another assignee of the rights related to the object only: (a) if the contract under which the rights related to the object arise states that they are secured by the object or are related to it; (b) if the contract under which the rights related to the object arise states that they are secured by the object or are related to it;) to the extent that the rights related to the object relate to the object.        2. For the purposes of subparagraph (b) of the preceding paragraph, rights related to the object relate to the object only to the extent that they consist of rights to receive payment or other performance of an obligation that relate to:        (a) The amount paid in advance and used to purchase the object; (b) the amount paid in advance and used to purchase another object for which the assignor has another international guarantee, if the assignor has transferred this guarantee to the assignee and the assignment has been registered; (c) the price payable for the object;         (d) Lease payments payable in connection with the facility or other obligations arising from the transaction referred to in any of the preceding subparagraphs.        3. In all other cases, the priority of competing assignments of rights related to the object is determined by the applicable law.

  Article 37. Consequences of the assignor's insolvency

     The provisions of article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor.

  Article 38. Subrogation

     1. Subject to the provisions of paragraph 2, nothing in this Convention affects the acquisition of rights related to the object and the corresponding international guarantee by subrogation by virtue of law or by contract in accordance with applicable law.       2. The hierarchy between the rights provided for in the preceding paragraph and competing rights may change with the written consent of the holders of the relevant rights, however, the assignee of the subordinate guarantee of performance of the obligation is not bound by an agreement on subordination to this guarantee, unless a corresponding subordination concerning the said agreement was registered during the cession.

  Chapter X

  Rights or guarantees that are the subject of the statements Of the Contracting States

  Article 39. Pre-emptive rights without registration

     1. A Contracting State may at any time, in a declaration deposited with the depositary of the Protocol, specify generally or specifically:       (a) Those categories of non-contractual rights or guarantees (other than any rights or guarantees to which article 40 applies) which, in accordance with the law of that State, have a priority equivalent to that of a guarantee belonging to the holder of a registered international guarantee in relation to a guarantee for an object., and which prevail over a registered international guarantee, regardless of whether this guarantee is related to insolvency proceedings or not;       b) That nothing in this Convention affects the right of a State or a State organization, an intergovernmental organization, or other private provider of public services to arrest or detain a facility under the law of that State in payment of amounts owed to such organization or provider directly related to the provision of such services for said facility or other facility.       2. A declaration made in accordance with the preceding paragraph may specify that it applies to categories that will arise after the deposit of such a declaration.        3. A non-contractual right or guarantee takes precedence over an international guarantee only if it belongs to the category covered by a declaration deposited prior to the registration of such an international guarantee.        4. Notwithstanding the provisions of the preceding paragraph, a Contracting State may, upon ratification, acceptance, approval or accession to the Protocol, declare that a right or guarantee of one of the categories covered by a declaration made under subparagraph (a) of paragraph 1 has priority over an international guarantee registered prior to the date of such ratification, acceptance, approvals or accessions.

  Article 40. Registered non-contractual rights or guarantees

     A Contracting State may at any time indicate in a document deposited with the depositary The Protocol contains a list of categories of non-contractual rights or guarantees that may be registered in accordance with this Convention for any category of objects, as if such rights or guarantees were international guarantees, after which these rights or guarantees should be considered as international guarantees. Such a statement may be amended as necessary.

  Chapter XI

  Application of the Convention to sales

  Article 41. Sale and conditional sale

     This Convention applies to the sale or conditional sale of an object, as provided for in The Protocol with any changes that may be made to it.

  Chapter XII Jurisdiction

  Article 42. Court selection

     1. Subject to the provisions of articles 43 and 44, the courts of a Contracting State chosen by the parties to the transaction shall have jurisdiction over any claim brought under this Convention, regardless of whether the chosen court has any connection with the parties or the transaction. Such jurisdiction is exclusive, unless otherwise agreed by the parties.       2. Any such agreement shall be made in writing or concluded in any other way in accordance with the formal requirements of the law in force in the country of the elected court.

  Article 43. Jurisdiction under article 13

     1. The courts of a Contracting State chosen by the Parties and the courts of the Contracting State in whose territory the facility is located shall have jurisdiction to provide judicial protection within the meaning of subparagraphs (a), (b) and (c) of paragraph 1 and paragraph 4 of Article 13 in respect of this facility.       2. The competence to provide judicial protection within the meaning of subparagraph (d) of paragraph 1 of article 13 or other temporary judicial protection by virtue of paragraph 4 of article 13 may be exercised by: (a) courts elected by the parties, or (b) courts of the Contracting State in whose territory the debtor is located; in this case, such judicial remedies in accordance with the terms of the acts on their The provision is subject to enforcement only in the territory of that Contracting State.       3. The Court shall have jurisdiction in accordance with the preceding paragraphs, even if the final decision on the claim referred to in paragraph 1 of article 13 will or may be rendered in a court of another Contracting State or in arbitration proceedings.

  Article 44. Competence to make decisions to the Registrar

     1. The judicial institutions of the State in whose territory the Registrar has its administrative center have the exclusive competence to make decisions regarding the award of damages or court orders addressed to the Registrar.       2. If a person fails to comply with the requirement laid down in article 25 and that person has ceased to exist or cannot be found for the purpose of exercising the right to bring a judicial act against him requiring the cancellation of registration, the judicial institutions referred to in the preceding paragraph shall have the exclusive competence to issue, at the request of the debtor or a possible debtor, judgments in the Registrar's address with the request for cancellation of registration.       3. If a person fails to comply with an order from a court having jurisdiction under this Convention, or, in the case of a national guarantee, an order from a court of competent jurisdiction requiring that person to change or cancel the registration, the judicial authorities referred to in paragraph 1 may order the Registrar to take such steps as to ensure execution of this order.       4. Except as otherwise provided in the preceding paragraphs, no court may issue orders or make decisions or orders addressed to the Registrar and intended to impose any obligation on him.

  Article 45. Jurisdiction over insolvency proceedings

     The provisions of this chapter are not applicable to insolvency proceedings.

  Chapter XIII

  Relation to other conventions

        Article 45 bis. Relationship to the United Nations Convention on the Assignment of Receivables in International Trade

     This Convention takes precedence over the United Nations Convention on the Assignment of Receivables in International Trade, opened for signature in New York on December 12, 2001, with respect to the assignment of receivables related as object-related rights to international guarantees for aviation facilities, railway rolling stock and space assets.

  Article 46. Relation to the Unidroit Convention on International Financial Leasing

     The relationship between this Convention and By Convention The UNIDROIT Convention on International Financial Leasing, signed in Ottawa on May 28, 1988, may be established in the Protocol.

  Chapter XIV

  Final provisions

  Article 47. Signature, ratification, acceptance, approval or accession

1. This Convention shall be open for signature in Cape Town on 16 November 2001 by the States participating in the Diplomatic Conference for the Adoption of the Convention on Mobile Equipment and the Aviation Protocol, held in Cape Town from 29 October to 16 November 2001. After November 16, 2001, the Convention will be open for signature by all States at the Headquarters of the International Institute for the Unification of Private Law (Unidroit) in Rome until its entry into force in accordance with article 49.         2. This Convention is subject to ratification, acceptance or approval by the signatory States.         3. Any State that has not signed this Convention may accede to it at any time.         4. Ratification, acceptance, approval or accession shall be effected by depositing an official document to that effect with the depositary.  

  Article 48. Regional economic integration organizations

       1. Any regional economic integration organization established by sovereign States and having competence in respect of certain matters governed by this Convention may also sign, accept, approve or accede to this Convention. In this case, the regional economic integration organization will have the rights and obligations of a Contracting State to the extent that the organization has competence in relation to matters governed by this Convention. In cases where the number of Contracting States is relevant in this Convention, a regional economic integration organization is not counted as a Contracting State in addition to its member States, which are Contracting States.         2. At the time of signature, acceptance, approval or accession, a regional economic integration organization shall make a declaration to the depositary indicating the issues governed by this Convention and in respect of which competence has been transferred to this organization by its member States. The regional economic integration organization shall immediately notify the depositary of any changes in the division of competence specified in the declaration made in accordance with this paragraph, including new transfers of competence.         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 organization, where the context so requires.  

  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 after the date of deposit of the third instrument of ratification, acceptance, approval or accession, but only in respect of the category of objects to which it applies. Protocol:       (a) From the date of entry into force of this Protocol; (b) in accordance with the conditions provided for in this Protocol; (c) Between the States Parties to this Convention and this Protocol.       2. For other States, this Convention shall enter into force on the first day of the month following the expiration of three months after the date of deposit of its instrument of ratification, acceptance, approval or accession, but only in respect of the category of facilities to which the Protocol applies, and subject to compliance with the requirements of subparagraphs (a) in respect of such Protocol., b) and c) of the previous paragraph.

  Article 50. Internal transactions

     1. A Contracting State may, upon ratification, acceptance, approval or accession to the Protocol, declare that this Convention does not apply to transactions that are internal to that State in respect of all types of facilities or some of them.       2. Regardless of the content of the preceding paragraph, the provisions of paragraph 4 of article 8, paragraph 1 of article 9, article 16, chapter V and article 29, as well as any other provisions of this Convention that relate to registered guarantees, shall apply to domestic transactions.         3. In the event that a notification of a national guarantee is registered in an International Register, the priority of the holder of such a guarantee under article 29 is not affected by the fact that such a guarantee has been transferred to another person by cession or subrogation by virtue of applicable law.  

  Article 51. Protocols that may be adopted in the future

     1. The Depositary may establish working groups in cooperation with relevant non-governmental organizations, if the depositary considers it appropriate, to assess the feasibility of extending the operation of this Convention through one or more protocols to objects of any category of mobile equipment of great value, other than those referred to in paragraph 3 of Article 2, each component of which is uniquely identifiable,, as well as the rights related to such objects.       2. The depositary shall transmit the text of any preliminary draft protocol relating to any category of facilities 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 that are not members of the depositary, and relevant international organizations, and invite such States and organizations to participate in the intergovernmental negotiations on finalizing the draft protocol on the basis of such a preliminary draft protocol.       3. In addition, the depositary shall forward the text of any preliminary draft protocol prepared by such a working group to the relevant non-governmental organizations, if the depositary considers it appropriate. Such non-governmental organizations are invited to immediately submit comments to the depositary on the text of the preliminary draft protocol and to participate as observers in the preparation of the draft protocol.       4. When the competent authorities of the depositary consider such a draft protocol ready for adoption, the depositary shall convene a diplomatic conference to adopt it.       5. Upon the adoption of such a protocol, subject to paragraph 6, this Convention shall apply to the category of facilities covered by it.       6. Article 45 bis of this Convention applies to such a protocol only if it is specifically provided for in that protocol.

  Article 52. Territorial units

       1. If a State has territorial units in which different legal systems apply to matters governed by this Convention, it may, upon ratification, acceptance, approval or accession, declare that this Convention applies to all of its territorial units or only to one or more of them and may amend this declaration by submitting another declaration to any time.         2. Any such declaration shall clearly indicate the territorial units to which this Convention applies.        3. If a Contracting State does not make a declaration under paragraph 1, this Convention shall apply to all territorial units of such State.         4. In cases where a Contracting State extends the application of 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 declarations made in respect of one territorial unit may differ from declarations made in respect of another territorial unit.        5. If, by virtue of a declaration in accordance with paragraph 1, this Convention applies to one or more territorial units of a Contracting State:       (a) The debtor is deemed to be located in a Contracting State only if it is incorporated or constituted in accordance with the laws in force in the territorial unit to which this Convention applies, or if it has its registered office or legally prescribed headquarters, administrative center, the place of business or habitual residence in the territorial unit to which this Convention applies; (b) any reference to the location of the facility in a Contracting State indicates the location of the facility in the territorial unit to which this Convention applies; (c) any reference to the administrative authorities in that Contracting State shall be considered as a reference to administrative authorities having jurisdiction in the territorial unit to which this Convention applies.

  Article 53. Definition of courts

     A Contracting State may, upon ratification, acceptance, approval, A declaration concerning the relevant "court" or "courts" for the purposes of article 1 and chapter XII of this Convention.

  Article 54. Statements on ways to protect rights

     1. A Contracting State may, upon ratification, acceptance, approval To declare that as long as the encumbered object is located on its territory or is controlled from that territory, the mortgagee should not lease this object on that territory.         2. At the time of ratification, acceptance, approval of the Protocol or accession to it, a Contracting State shall make a declaration on whether any method of protection of rights available to the creditor in accordance with any of the provisions of this Convention, and not clearly defined in it as a method of protection of rights, which should be applied to the court, can be applied only with the permission of the court.  

  Article 55. Statements regarding intermediate ways of protecting rights

A Contracting State may, upon ratification, acceptance, approval Declare that it will not apply the provisions of article 13, article 43 or both of these articles in whole or in part. Such a statement indicates under what conditions the relevant article will be applied if it is partially applied, or what other forms of temporary judicial protection will be applied otherwise.  

  Article 56. Reservations and declarations

     1. No reservations to this Convention are permitted, but declarations permitted by the articles may be made. 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60, in accordance with the provisions of these articles.       2. Any declaration or subsequent declaration, or any withdrawal of a declaration or reservation made in accordance with this Convention, shall be notified to the depositary in writing.

  Article 57. Subsequent statements

     1. Any State Party may make a subsequent declaration, in addition to the declaration permitted under article 60, at any time after the date of entry into force of this Convention for it by notification to the depositary.        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. If the notification specifies a longer period for the entry into force of this declaration, it shall enter into force upon the expiration of such longer period after receipt of the notification by the depositary.         3. Notwithstanding the provisions of the preceding paragraphs, this Convention shall continue to apply, as if no such subsequent declarations had been made, with respect to all rights and guarantees that arose prior to the effective date of any such subsequent declaration.  

  Article 58. Withdrawal of applications

     1. Any State Party that has made a declaration to this Convention, in addition to the declaration permitted under article 60, may withdraw it at any time by giving formal notification to the depositary. Such withdrawal 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.         2. Notwithstanding the provisions of the preceding paragraph, this Convention shall continue to apply, as if no such withdrawal had been made, with respect to all rights and guarantees arising prior to the effective date of any such withdrawal.  

  Article 59. Denunciation

     1. Any State Party may denounce this Convention by notifying the depositary in writing.       2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the depositary.       3. Notwithstanding the provisions of the preceding paragraphs, this Convention shall continue to apply, as if no such denunciation had been made, with respect to all rights and guarantees arising prior to the effective date of any such denunciation.

  Article 60. Transitional provisions

     1. Unless otherwise declared by a Contracting State at any time, this Convention does not apply to pre-existing rights or guarantees that retain the priority assigned to them under applicable law prior to the entry into force of this Convention.        2. For the purposes of paragraph (v) of article 1 and the determination of priority under this Convention:       (a) "Date of entry into force of this Convention" means, in respect of the debtor, the date on which this Convention enters into force or the date on which the debtor's State becomes a Contracting State, whichever is later.;       b) the debtor is located in the State in which he has his administrative center, or if he does not have an administrative center in which he conducts business, or if he has more than one place of business, which is his main place of business, or if he does not have a place of business economic activity, which is the place of his usual residence.       3. A Contracting State may, in its declaration pursuant to paragraph 1, set a date not earlier than three years after the entry into force of that declaration, from which this Convention and The Protocol will begin to apply for the purposes of determining priority, including for the protection of any existing priority, to pre-existing rights or guarantees arising from a contract concluded while the debtor was in the State referred to in subparagraph (b) of the preceding paragraph, but only to the extent and in the manner specified in his statements.

  Article 61. Revision conferences, amendments and related matters

     1. The Depositary shall prepare, annually or when circumstances so require, reports for the States Parties on the mode of practical functioning of the international regime established by this Convention. When preparing such reports, the Depositary takes into account the reports of the Supervisory Authority concerning the functioning of the international registration system.       2. At the request of at least twenty-five percent of the Participating States, the depositary, in consultation with the Supervisory Authority, shall from time to time convene auditing conferences of the Participating States to consider issues:       (a) The practical implementation of this Convention and its effectiveness in facilitating asset-backed financing and leasing of aviation facilities covered by its provisions; (b) Judicial interpretation and application of the provisions of this Convention and the rules;       (c) The functioning of the international registration system, the work of the Registrar and its supervision by the Supervisory Authority, taking into account the reports of the Supervisory Authority; (d) The expediency of any modification to this Convention or the international registration system.       3. Subject to the provisions of paragraph 4, any amendment to this Convention shall be approved by a majority of at least two thirds of the States Parties participating in the Conference referred to in the preceding paragraph and shall enter into force in respect of States that have ratified, accepted or approved such amendment, if ratified, accepted or approved by three States in accordance with the provisions of Article 49, concerning the entry into force of the Convention.       4. In the event that a proposed amendment to this Convention is expected to apply to several categories of equipment, such amendment shall also be approved by a majority of at least two thirds of the States Parties to each protocol participating in the conference referred to in paragraph 2.

  Article 62. The Depository and its functions

     1. The 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 the depositary.       2. The Depository:       (a) Inform all Contracting States:       (i) Each new signature or deposit of an instrument of ratification, acceptance, approval or accession, indicating the appropriate dates; (ii) the date of entry into force of this Convention;       (iii) Each declaration made under this Convention, indicating the appropriate date; (iv) The withdrawal or modification of any declaration, indicating the appropriate dates; (v) Notification of denunciation of this Convention, indicating the appropriate date and date of entry into force of the denunciation; (b) Transmit certified true copies of this Convention to all States Parties;        (c) Provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, indicating the date of deposit, each declaration, or withdrawal of a declaration, or amendment of a declaration, and each notification of denunciation, indicating the date of notification thereof, so that the information contained therein may be publicly available;) also performs such other functions as are common for depositories.       IN WITNESS WHEREOF, the undersigned plenipotentiaries, duly authorized, have signed this Convention.       DONE at Cape Town on the sixteenth day of November of the year two thousand one in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic, becoming so after verification by the joint secretariat of the Conference within the authority of the President of the Conference within ninety days from the date indicated here for translation. they are aligned with each other.

  Application

  Contains the Declarations of the Republic of Kazakhstan to the Convention

     (i) Application Form No. 1 under Article 39 (1)(a))

The Republic of Kazakhstan declares that the following categories of non-contractual rights or guarantees:        a) collateral rights in favor of employees in terms of unpaid wages from the moment of default declared by the employer, under the terms of a financing or leasing agreement for the facility;         b) collateral rights in favor of a person carrying out repairs to an object in his possession, within the scope of the work performed and the added value to the object, in accordance with the law, have a priority in relation to any guarantee for the object equivalent to the priority of the guarantee belonging to the holder of a registered international guarantee, and which prevail effective before a registered international guarantee, regardless of whether this guarantee is related to insolvency proceedings or not.       (ii) Application Form No. 4 under Article 39(1) (b))       Nothing in this Convention affects the right of the Republic of Kazakhstan or a State organization, intergovernmental organization or other private provider of public services to arrest or detain a facility in accordance with the legislation of the Republic of Kazakhstan in payment of amounts owed to such organization or supplier directly related to the provision of such services for the specified facility or other facility.       (iii) Application Form No. 5 under Article 39(4))       A right or guarantee of one of the categories covered by a declaration made pursuant to subparagraph (a) of paragraph 1 shall have priority over an international guarantee registered prior to the date of accession to the Protocol.       (iv) Application Form No. 6 under Article 40, the Republic of Kazakhstan declares that the following categories of non-contractual rights or guarantees:        a) the rights of a person receiving a court order authorizing full or partial management or use of an aviation facility; and (b) collateral or other rights of a public person relating to taxes or any other unpaid payments (not included in the declaration under Article 39(1)(a) of the Convention); and (c) any other non-contractual right or guarantee not included in the declaration under Article 39 (1)(a) of the Convention - should be registered in accordance with this Convention for any category of objects, as if such rights or guarantees were international guarantees, after which these rights or guarantees should be considered as international guarantees.       (v) Application Form No. 11 under Article 53 The courts of first instance within their territorial jurisdiction are the appropriate courts for the purposes of Articles 1 and Chapter XII of the Convention.       (vi) Form No. 13 (Mandatory applications for 54(2))       The Republic of Kazakhstan declares that any method of protection of rights available to the creditor in accordance with any of the provisions of the Convention and not clearly defined in it as a method of protection of rights, which should be applied to the court, may be applied without the permission of the court or the application of any other judicial action.

     I hereby certify that this text is a certified copy of the certified copy of the Convention on International Interests in Mobile Equipment, done in Cape Town on November 16, 2001.

     Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan D. Yesentaev

  protocol

  ON AVIATION EQUIPMENT TO THE CONVENTION ON INTERNATIONAL GUARANTEES IN RESPECT OF MOBILE EQUIPMENT

     states - THE PARTIES TO THIS PROTOCOL, CONSIDERING it necessary to ensure the implementation of The Convention on International Interests in Mobile Equipment (hereinafter referred to as the "Convention") as it relates to aviation equipment, and taking into account the objectives set out in the preamble to the Convention, TAKING into ACCOUNT the need to adapt the Convention to the specific requirements of aviation finance and expand the scope of the Convention by including contracts for the sale of aviation equipment, CONSIDERING the principles and objectives Conventions on International Civil Aviation, Signed in Chicago on December 7, 1944, AGREED to the following provisions concerning aviation equipment:

  Chapter I

  Scope of application and general provisions

  Article I. Definitions

1. Except where circumstances require otherwise, the terms used in this Protocol shall apply in the meaning in which they are defined in the Convention.       2. In this Protocol, the following terms are used with the meaning given below: (a) "aircraft" means aircraft as defined for the purposes of the Chicago Convention, and are either airframes with aircraft engines mounted on them, or helicopters.;       (b) "Aircraft engines" means aircraft engines (other than those used by military, customs or police services) powered by jet propulsion or using turbine or piston technology, which: (i) in the case of jet aircraft engines have a thrust of at least 1,750 pounds or equivalent in other units;       (ii) In the case of turbine or piston aircraft engines, they have a nominal take-off shaft power of at least 550 horsepower or equivalent in other units, complete with all modules and other installed, mounted or attached accessories, parts and equipment, as well as all related data, manuals and records; (c) "aviation facilities" means airframes, aircraft engines, and helicopters.;       (d) "Aircraft register" means a register maintained by a State or an authorized body registering common identification and registration marks for the purposes of the Chicago Convention;       (e) "Airframes" means airframes of aircraft (other than those used by military, customs or police services) which, after the installation of appropriate aircraft engines on them, are issued a type certificate certifying their suitability for carriage by the competent aviation authorities:        (i) At least eight (8) persons, including the crew, or (ii) goods weighing over 2,750 kilograms, complete with all accessories, parts and equipment installed, installed or attached (except aircraft engines), as well as all related data, manuals and records; (f) "Authorized party" means the party referred to in paragraph 3 of Article XIII; (g) "Chicago Convention" means The Convention on International Civil Aviation, signed in Chicago on December 7, 1944, as amended and Appendices to it;       (h) "Authorized body registering common identification and registration marks" means the authorized body maintaining the registry in accordance with Article 77 of the Chicago Convention and established in accordance with the resolution on nationality and registration of aircraft of international operating agencies adopted by the Council of the International Civil Aviation Organization on December 14, 1967; (i) "aircraft deregistration" means exclusion or the removal of the aircraft registration record from the aviation register in accordance with the Chicago Convention;       (j) "Guarantee agreement" means an agreement concluded by a person acting as a guarantor; (k) "guarantor" means a person who, in order to ensure the performance of any obligations in favor of a creditor on the basis of an obligation enforcement agreement or any other agreement, provides a guarantee or guarantees for upon request, issues a backup letter of credit or any other document on loan security.;       (1) "Helicopters" means heavier-than-air aircraft (other than those used by military, customs or police services) that are maintained in flight primarily by the interaction of air with one or more main rotors rotated by the propulsion system around axes in an approximately vertical position, and for which a type certificate is issued by the competent authorities certifying transportability: i) at least five; (5) persons, including crew, or (ii) goods weighing over 450 kilograms, complete with all installed, mounted or attached accessories, parts and equipment (including rotors), as well as all related data, manuals and records;       (m) "Insolvency related event" means:       (i) The commencement of insolvency proceedings; or (ii) the stated intention to suspend payments or the actual suspension of payments by the debtor, if the creditor's right to initiate insolvency proceedings against the debtor or to use remedies under the Convention is suspended or cannot be implemented by law or as a result of appropriate State action;       (n) "Country of primary insolvency jurisdiction" means the Contracting State in which the debtor's main interests are located and which, for this purpose, is considered to be the location of the debtor's legally prescribed headquarters or, if there is none, the place where the debtor is registered or incorporated, unless proven otherwise.;       (o) "Registration authority" means the national authority or authority registering common identification and registration marks that maintains the aircraft registry in a Contracting State and is responsible for the registration and de-registration of aircraft in accordance with the Chicago Convention;       (p) "State of registration" means, in relation to an aircraft, the State in whose national register the aircraft registration entry is entered, or the State of location of the authority registering the general identification and registration marks, which maintains the aircraft register.

  Article II. Application of the Convention in relation to aviation facilities

       1. The Convention applies to aviation facilities in accordance with the provisions of this Protocol.        2. The Convention and this Protocol are collectively referred to as the Convention on International Interests in Mobile Equipment with Respect to Aviation Facilities.  

  Article III. Application of the Convention to sales

     The following provisions The Conventions are applied as if references to an agreement creating or providing for an international guarantee were references to a contract of sale, and as if references to an international guarantee, conditional international guarantee, debtor and creditor were references to a sale, conditional sale, seller and buyer, respectively.:       articles 3 and 4; subparagraph (a) of paragraph 1 of article 16; paragraph 4 of article 19; paragraph 1 of article 20 (with regard to registration of a contract of sale or conditional sale);       Paragraph 2 of article 25 (regarding conditional sale); article 30.       In addition, the general provisions of article 1, article 5, chapters IV-VII, article 29 (except paragraph 3 of article 29, which is replaced by paragraphs 1 and 2 of article XIV), chapter X, chapter XII (except article 43), chapter XIII and chapter XIV apply to contracts of sale and conditional sales. (except for article 60).

  Article IV. Scope of application

     1. Without prejudice to paragraph 1 of article 3 of the Convention, this Convention also applies to a helicopter or airframe registered in the aircraft registry of the Contracting State that is the State of registration, if such registration was carried out in accordance with the aircraft registration agreement that was considered in force at the time of the agreement.       2. For the purposes of the definition of an "internal transaction" contained in article 1 of the Convention:       a) the airframe is located in the State of registration of the aircraft to which it belongs;        (b) The aircraft engine is located in the State of registration of the aircraft on which it is installed or, if it is not installed on the aircraft, in the State where it is physically located; (c) The helicopter is located in the State of its registration at the time of the conclusion of the agreement on the basis of which the relevant guarantee arises or provides.       3. In their relations with each other, the parties may, by concluding an agreement in writing, waive or derogate from any provisions of this Protocol, with the exception of the provisions of paragraphs 2-4 of Article XI. By concluding an agreement in writing, the parties may exclude the application of article XI.

  Article V. Formal signs, consequences and registration of purchase and sale agreements

     1. For the purposes of this Protocol, a contract of sale is a contract that: a) is drawn up in writing; b) relates to an aircraft facility that the seller has the right to dispose of; c) allows the identification of the aircraft facility in accordance with this Protocol.        2. Under the contract of sale, the seller's guarantee in respect of the aviation facility passes to the buyer in accordance with the terms of this agreement.        3. The registration of the purchase and sale agreement is open-ended. The registration of a conditional sale remains valid until it is cancelled or until the expiration of the time period specified during registration, if any.

  Article VI. Powers of representatives

     Any person may enter into an agreement or sell and register an International Guarantee in respect of an Aviation Facility or the sale of such an object as an agent, principal or in any other representative capacity. In such a case, this person may claim to have rights and guarantees in accordance with the Convention.

  Article VII. Description of aviation facilities

     A description of the aircraft object, which includes the manufacturer's serial number, manufacturer's name and model designation, is necessary and sufficient to identify the object for the purposes of paragraph (c) of Article 7 of the Convention and subparagraph (c) of paragraph 1 of Article V of this Protocol.

  Article VIII. Choice of applicable law

1. This Article applies only if a Contracting State has made a declaration in accordance with paragraph 1 of Article XXX. 2. The parties to an agreement or a purchase and sale agreement, or in a related guarantee agreement or an agreement on the subordination of obligations, may agree on the law according to which their contractual rights and obligations should be regulated in whole or in part.       3. Unless otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties means a reference to the norms of the internal law of the said State or, if this State consists of several territorial units, to the internal law of the said territorial unit.

  Chapter II

  Ways to protect rights in case of default, priorities and assignments

  Article IX. Changing the provisions on ways to protect rights in case of default

     1. In addition to the means of protecting the rights specified in chapter III of the Convention, the creditor may, to the extent that the debtor has ever agreed to it, and upon the occurrence of the circumstances specified in this chapter:        a) to achieve the de-registration of the aircraft; b) to achieve the removal and physical movement of the aircraft object from the territory where it is located.       2. The creditor does not use the methods of protecting the rights specified in the previous paragraph without the prior written consent of the holder of any registered guarantee listed in the order of priority before the registered guarantee of this creditor.       3. Paragraph 3 of Article 8 of the Convention does not apply to aviation facilities. Any method of protection of rights provided for by The Convention in relation to an aviation facility is used in a commercially reasonable manner. A method of protecting rights is considered to be used in a commercially reasonable manner if it is applied in accordance with any provision of the agreement, except in cases where such provision is clearly unjustified.       4. The mortgagee who has provided the interested parties with a written notification of the proposed sale or leasing within ten or more working days is considered to satisfy the requirement to "provide prior notification within a reasonable time" contained in paragraph 4 of Article 8 of the Convention. The above provision does not prevent the conclusion of an agreement between the pledgee and the pledgor or the guarantor on a longer period of prior notification.       5. The registration authority in a Contracting State, subject to applicable laws and regulations in the field of flight safety, grants a request for de-registration and removal of an object if:       a) such request is duly submitted by the authorized party in accordance with the registered irrevocable authority for deregistration and export;       b) the authorized party confirms to the registration authority, if required by that authority, that all registered guarantees listed in the order of priority before the registered guarantee of the creditor in whose favor this authority is given are satisfied or that the holders of such guarantees agree to deregistration and export. 6. The mortgagee, who intends to seek the deregistration and export of the aircraft in accordance with paragraph 1, other than on the basis of a court order, shall provide, within a reasonable time, prior written notification of the proposed deregistration and export.:       (a) Interested persons specified in subparagraphs (i) and (ii) of paragraph (m) of article 1 of the Convention; (b) Interested persons specified in subparagraph (iii) of paragraph (m) of article 1 of the Convention and who have notified the pledgee of their rights within a reasonable time prior to deregistration and export.  

  Article X. Amendment of the provisions concerning temporary measures for the protection of rights

     1. This Article applies only if a Contracting State has made a declaration pursuant to paragraph 2 of Article XXX, and to the extent specified in such declaration.       2. For the purposes of paragraph 1 of article 13 of the Convention, the word "without delay" in the context of obtaining protection means within as many working days from the date of filing an application for protection as indicated in the declaration made by the Contracting State in which the application is filed.       3. Paragraph 1 of article 13 of the Convention applies with the inclusion immediately after subparagraph (d) of the following text: "(e) if at any time specifically agreed by the debtor and the creditor, on the sale and use of the proceeds from it", and paragraph 2 of article 43 applies with the inclusion after the word "subparagraph (d)" of the letters "and (e)".       4. The right of ownership or any other right of the debtor transferred upon sale in accordance with the preceding paragraph is free from encumbrance by any other guarantee in respect of which the creditor's international guarantee takes precedence in accordance with the provisions of article 29 of the Convention.       5. The creditor and the debtor or any other interested person may at any time conclude an agreement in writing stating that the provisions of paragraph 2 of article 13 of the Convention do not apply.       6. With regard to the means of protecting the rights referred to in paragraph 1 of article IX, then: (a) they shall be provided by the registration authority and, if necessary, by other administrative authorities in a Contracting State no later than five working days after the creditor notifies such authorities of the granting of protection in accordance with the provisions of paragraph 1 of Article IX or, in the case of granting protection by a foreign court, its recognition by a court of such Contracting State and that the creditor is entitled to receive such ways to protect rights under the Convention;       b) the competent authorities shall provide the creditor with prompt cooperation and assistance in using such remedies in accordance with applicable laws and regulations on flight safety.       7. The provisions of paragraphs 2 and 6 do not affect any applicable laws and regulations on flight safety.

  Article XI. Ways to protect rights in case of insolvency

     1. This article applies only in cases where a Contracting State, which is the country of primary jurisdiction with respect to insolvency, has made a declaration pursuant to paragraph 3 of article XXX.

     Option A

     2. After the occurrence of an insolvency event, the insolvency representative or, where appropriate, the debtor, subject to the provisions of paragraph 7, transfers the aircraft facility to the creditor no later than the earliest of the following dates: a) the end of the deferral period; b) the date from which the creditor would have been entitled to take possession of the aircraft facility, if this article had not been applied.       3. For the purposes of this article, "deferral period" means the period specified in the declaration of the Contracting State that is the country of primary jurisdiction over the insolvency.       4. References in this article to the "insolvency representative" refer to the person in question in his official capacity, not in his personal capacity.       5. If the creditor is not given the opportunity to take possession under paragraph 2: (a) the insolvency representative or, where appropriate, the debtor retains, maintains and maintains the aircraft facility in accordance with the agreement; (b) the creditor has the right to seek any other form of temporary protection available under applicable law.       6. Subparagraph (a) of the previous paragraph does not exclude the possibility of using an aviation facility on conditions designed to ensure the preservation of this aviation facility, its maintenance and maintenance of its value.       7. The insolvency representative or, where appropriate, the debtor may retain the aviation facility if, by the date specified in paragraph 2, it has eliminated all breaches of obligations, except for the breach of an obligation created by the commencement of insolvency proceedings, and agrees to perform all obligations in the future in accordance with the agreement. The second deferral period does not apply to non-compliance with such future obligations.       8. With regard to the methods of protection of the rights referred to in paragraph 1 of Article IX, a) they are provided by the registration authority and, where appropriate, administrative authorities in a Contracting State no later than five working days after the date of notification by the creditor of such authorities that he is entitled to receive such methods of protection of rights in accordance with with this Convention;       (b) The competent authorities shall provide the creditor with prompt cooperation and assistance in using such remedies in accordance with applicable aviation safety law and regulations.       9. After the date specified in paragraph 2, there may be no obstacles or delays in using the methods of protecting the rights permitted by The Convention or this Protocol.         10. No obligations of the debtor under the agreement may be changed without the consent of the creditor.        11. Nothing in the preceding paragraph should be interpreted as affecting the authority, if any, of the insolvency representative to terminate the agreement in accordance with applicable law.       12. No rights or guarantees other than non-contractual rights or guarantees relating to one of the categories listed in the declaration made in accordance with paragraph 1 of article 39 shall prevail in insolvency proceedings over registered guarantees.       13. The Convention, as amended by article IX of this Protocol, shall apply when using any means of protecting rights in accordance with this article.

     Option B

2. After the occurrence of an insolvency event, the insolvency representative or, where appropriate, the debtor, at the request of the creditor, shall notify him, within the period specified in the declaration of a Contracting State made pursuant to paragraph 3 of Article XXX, that:       a) will it eliminate all breaches of obligations other than the breach of an obligation created by the commencement of insolvency proceedings, and whether he agrees to fulfill all future obligations in accordance with the agreement and related documents, or b) whether he will provide the creditor with the opportunity to take possession of the aviation facility in accordance with applicable law.       3. The applicable law referred to in subparagraph (b) of the preceding paragraph may authorize the court to require any additional measures. measures or provision of any additional guarantees.       4. The creditor provides proof of its claims and confirmation that its international guarantee has been registered.       5. If the insolvency representative or, where appropriate, the debtor has not notified in accordance with paragraph 2, or if the insolvency representative or debtor has stated that it will allow the creditor to take possession of the aviation facility, but has not done so, the court may allow the creditor to take possession of the aviation facility on such terms as the court may determine., and may require the adoption of any additional measures or the provision of any additional guarantees.        6. The aviation facility is not sold until the court makes a decision regarding the relevant claim and the international guarantee.

  Article XII. Assistance in case of insolvency

     1. This Article applies only if a Contracting State has made a declaration pursuant to paragraph 1 of Article XXX. 2. The courts of the Contracting State in which the aviation facility is located shall, in accordance with the laws of that Contracting State, provide the maximum possible cooperation to foreign courts and foreign insolvency representatives in the implementation of the provisions of article XI.

  Article XIII. Authorization for deregistration and export

     1. This Article applies only if a Contracting State has made a declaration pursuant to paragraph 1 of Article XXX. 2. If the debtor has issued an irrevocable authorization for deregistration and export in a form substantially consistent with that attached to this Protocol and has submitted such authorization for registration to the registration authority, such authorization shall be duly registered.       3. The person in whose favor such authorization has been granted (the "authorized party"), or a person officially appointed by him, is the only person who is authorized to use the methods of protecting the rights specified in paragraph 1 of article IX, and can act in this way only in accordance with this authority and any applicable legislative or regulatory provisions on aviation safety. Such authority may not be revoked by the debtor without the written consent of the authorized party. The registration authority shall remove the authority from the register at the request of the authorized party.       4. The registration authority and other administrative authorities in a Contracting State shall promptly provide cooperation and assistance to the authorized party in using the methods of protecting the rights specified in Article IX.

  Article XIV. Changing the priority provisions

     1. The buyer of an aviation facility under a registered purchase and sale agreement acquires the rights to this facility, free from encumbrances of a later registered guarantee and an unregistered guarantee, even if the buyer was actually aware of the existence of such an unregistered guarantee.       2. The buyer of an aviation facility acquires the rights to this facility, subject to the encumbrance of any guarantee registered at the time of acquisition of these rights.        3. The ownership, or other right, or warranty for an aircraft engine is not affected as a result of its installation on or removal from an aircraft.        4. Paragraph 7 of Article 29 of the Conventions applies to components not included in the facility installed on an aircraft airframe, aircraft engine or helicopter.

  Article XV. Changing the provisions on the assignment

     Paragraph 1 of article 33 of the Convention applies as if the following text were inserted after subparagraph (b): "(c) The debtor has given consent in writing, regardless of whether it was given before the assignment or with a specific indication of the assignee."

  Article XVI Provisions concerning the debtor

     1. In the absence of a default within the meaning of article 11 of the Convention, the debtor has the right to freely own and use the object in accordance with the agreement in relation to: (a) its creditor and the holder of any guarantee, from the encumbrance of which the debtor acquires rights free in accordance with paragraph 4 of article 29 of the Convention or, when the debtor acts as a buyer, in in accordance with paragraph 1 of article XIV of this Protocol, unless and to the extent that the debtor has agreed otherwise;       (b) To the holder of any guarantee in respect of which the debtor's rights or guarantee are encumbered in accordance with paragraph 4 of article 29 of the Convention or, when the debtor acts as a buyer, in accordance with paragraph 2 of article XIV of this Protocol, but only to the extent that such holder has agreed with this.       2. Nothing in the Convention or this Protocol affects the liability of the creditor for any violation of the agreement under applicable law to the extent that this agreement relates to an aviation facility.

  Chapter III

  Provisions concerning the registration system of international guarantees in respect of aviation facilities

  Article XVII. Supervisory Authority and Registrar

     1. The controlling body is an international organization designated by a resolution adopted by the Diplomatic Conference for the adoption of the Convention on Mobile Equipment and the Aviation Protocol.       2. In the event that the international organization referred to in the preceding paragraph is unable and unwilling to act as a Supervisory Authority, a conference of the signatories and Contracting States shall be convened to appoint another Supervisory Authority.       3. The supervisory authority and its officials and employees enjoy such immunity from judicial or administrative action as is provided by the rules applicable to them as an international organization or otherwise.        4. The Supervisory Authority may establish a commission of experts from among persons nominated by the signatory and Contracting States who possess the necessary competence and experience, and instruct it to assist the Supervisory Authority in the performance of its functions.         5. The First Registrar shall maintain the International Register for a period of five years from the date of entry into force of this Protocol. After that, the Registrar is appointed or reappointed on a regular basis for a five-year term by the Supervisory Authority.  

  Article XVIII. The first rules

     The first rules are adopted by the Supervisory Authority in such a way that they begin to be applied from the moment of entry into force of this Protocol.

  Article XIX. Designated information entry points

     1. Subject to the provisions of paragraph 2, a Contracting State may at any time designate an organization or organizations located in its territory as the entry point or points through which information necessary for registration should or may be transmitted to the International Registry, in addition to registering a notification of a national guarantee or notification of a right or guarantee under Article 40, in both cases arising in accordance with the legislation of another State.       2. The assignment made in accordance with the previous paragraph may allow, but not oblige, the use of the designated point or points for entering information required for registration in respect of aircraft engines.

  Article XX. Additional changes to the Register provisions

1. For the purposes of paragraph 6 of Article 19 of the Convention, the search criteria for an aircraft object are the name of its manufacturer, the serial number of its manufacturer and the model designation, supplemented as necessary by other data in order to avoid repetition. Such additional information is specified in the rules.        2. For the purposes of paragraph 2 of article 25 of the Convention and in the circumstances described therein, the holder of a registered conditional international guarantee or a registered conditional assignment of an international guarantee, or the person in whose favor the conditional sale is registered, shall, within their authority, take measures to ensure that the registration is cancelled no later than five working days after receipt of the claim referred to in this paragraph.. 3. The fees referred to in subparagraph (h) of paragraph 2 of article 17 of the Convention shall be established in such a way as to reimburse the reasonable costs associated with the establishment, maintenance and regulation of the International Registry, as well as the reasonable costs of the Supervisory Authority related to the exercise of functions, powers and duties provided for in paragraph 2 of Article 17 of the Convention.         4. The centralized functions of the International Registry are performed and dispatched by the Registrar around the clock. The various information entry points perform their functions during business hours in their respective territories.        5. The amount of insurance or financial guarantees referred to in paragraph 4 of Article 28 of the Convention for each event is at least equal to the maximum value of the aviation facility established by the Regulatory Authority.       6. Nothing in the Convention prevents the Registrar from obtaining insurance or financial guarantees to cover events for which the Registrar is not responsible under article 28 of the Convention.

  Chapter IV

  Jurisdiction.

  Article XXI. Changing the provisions on jurisdiction

     For the purposes of article 43 of the Convention and subject to article 42 of the Convention, the court of a Contracting State also has jurisdiction in cases where that State is the State of registry.

  Article XXII. Waiver of sovereign immunity

     1. Subject to the provisions of paragraph 2, waiving sovereign immunity from the jurisdiction of the courts referred to in articles 42 or 43 of the Convention or in connection with the enforcement of rights and guarantees in respect of an aviation facility in accordance with the Convention is mandatory and, subject to other conditions for the exercise of such jurisdiction or enforcement, is valid in terms of granting rights to exercise jurisdiction and authorization for enforcement, depending on the circumstances.       2. The refusal provided for in the previous paragraph must be made in writing and contain a description of the aviation facility.

  Chapter V

  Connection with other conventions.

  Article XXIII. Relation to the Convention on the International Recognition of Aircraft Rights

     This Convention, for a Contracting State that is a Party to the Convention on the International Recognition of Aircraft Rights, signed in Geneva on June 19, 1948, replaces the said Convention with respect to aircraft, vessels, as defined in this Protocol, and aviation facilities. However, in respect of rights or guarantees that are not covered by this Convention or to which it does not apply, the Geneva Convention is not replaced.

  Article XXIV. Connection with the Convention for the Unification of Certain Rules concerning the Preventive arrest of Aircraft

       1. This Convention, for a Contracting State that is a Party to the Convention for the Unification of Certain Rules concerning the Preventive Arrest of Aircraft, signed in Rome on May 29, 1933, replaces the said Convention with respect to aircraft as defined in this Protocol.       2. A Contracting State Party to the above-mentioned Convention may declare, upon ratification, acceptance, approval of this Protocol or accessions thereto, that it will not apply this article.

  Article XXV. Relation to the Unidroit Convention on International Financial Leasing

     This Convention replaces UNIDROIT Convention on International Financial Leasing, signed in Ottawa on May 28, 1988, with regard to aviation facilities.

  Chapter VI

  Final provisions

  Article XXVI. Signature, ratification, acceptance, approval or accession

     1. This Protocol shall be open for signature in Cape Town on 16 November 2001 by the States participating in the Diplomatic Conference for the Adoption of the Convention on Mobile Equipment and the Aviation Protocol, held in Cape Town from 29 October to 16 November 2001. After November 16, 2001, this Protocol will be open for signature by all States at the Headquarters of the International Institute for the Unification of Private Law (Unidroit) in Rome until its entry into force in accordance with article XXVIII. 2. This Protocol is subject to ratification, acceptance or approval by the States that have signed it. 3. Any State that has not signed this Protocol may accede to it at any time.        4. Ratification, acceptance, approval or accession shall be effected by depositing an official document to that effect with the depositary.         5. A State may not become a party to this Protocol unless it is or becomes also a party to the Convention.  

  Article XXVII. Regional economic integration organizations

       1. Any regional economic integration organization established by sovereign States and having competence in respect of certain matters governed by this Protocol may also sign, ratify, accept, approve or accede to this Protocol. In this case, the regional economic integration organization will have the rights and obligations of a Contracting State to the extent that this organization has competence in relation to matters governed by this Protocol. In cases where the number of Contracting States is relevant in this Protocol, a regional economic integration organization is not counted as a Contracting State in addition to its member States, which are Contracting States.         2. At the time of signature, acceptance, approval or accession, a regional economic integration organization shall make a declaration to the depositary indicating the issues regulated by this Protocol and in respect of which competence has been transferred to this organization by its member States. The regional economic integration organization shall immediately notify the depositary of any changes in the division of competence specified in the declaration made in accordance with this paragraph, including new transfers of competence.         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 organization, where the context so requires.  

  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 after the date of deposit of the eighth instrument of ratification, acceptance, approval or accession between the States 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 after the date of deposit of its instrument of ratification, acceptance, approval or accession.

  Article XXIX. Territorial units

1. If a State has territorial units in which different legal systems apply to matters governed by this Protocol, it may, upon ratification, acceptance, approval or accession, declare that this Protocol applies to all of its territorial units or only to one or more of them and may amend this declaration by submitting another application at any time.        2. Any such declaration shall clearly indicate the territorial units to which this Protocol applies.        3. If a Contracting State does not make a declaration pursuant to paragraph 1, this Protocol shall apply to all territorial units of such State.         4. In cases where a Contracting State extends the application of 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 declarations made in respect of one territorial unit may differ from declarations made in respect of another territorial unit.        5. If, by virtue of a declaration in accordance with paragraph 1, this Protocol applies to one or more territorial units of a Contracting State:       (a) The debtor is deemed to be located in a Contracting State only if it is incorporated or constituted in accordance with applicable law in the territorial unit to which the following applies: The Convention and this Protocol, or if it has its own registered office or legally prescribed headquarters, administrative center, the place of business or habitual residence in the territorial unit to which the Convention and this Protocol apply; (b) Any reference to the location of the facility in a Contracting State indicates the location of the facility in the territorial unit to which the Convention and this Protocol apply.;        (c) Any reference to administrative authorities in that Contracting State shall be deemed to be a reference to administrative authorities having jurisdiction in the territorial unit to which the The Convention and this Protocol, and any reference to a national registry or registration authority in that Contracting State, shall be deemed to be a reference to an existing aviation registry or registration authority having jurisdiction in the territorial unit or units to which the Convention and this Protocol apply.  

  Article XXX. Statements concerning specific provisions

     1. A Contracting State may, at the time of ratification, acceptance, approval of this Protocol or accession thereto, 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 this Protocol or accession thereto, declare that it will apply the provisions of Article X of this Protocol in whole or in part. If it makes such a declaration with respect to paragraph 2 of article X, it shall specify the length of the required period of time.        3. A Contracting State may, upon ratification, acceptance, approval of this Protocol or accession thereto, declare that it will apply fully the provisions of Option A or apply fully the provisions of Option B of Article XI, and in this case indicate the types of insolvency proceedings, if any, to which it will apply the provisions of Option A, and the types of procedures on insolvency, if any, to which it will apply the provisions of option B. The Contracting State making the declaration under this paragraph shall specify the length of the period required under Article XI. 4. The courts of the Contracting States shall apply Article XI in accordance with the declaration made by the Contracting State exercising primary jurisdiction over the insolvency.       5. A Contracting State may, at the time of ratification, acceptance, approval of this Protocol or accession thereto, declare that it will not apply the provisions of Article XXI in whole or in part. Such a statement indicates under what conditions the relevant article will be applied if it is partially applied, or what other forms of temporary judicial protection will be applied otherwise.

  Article XXXI. Declarations under the Convention

     Statements made according to Conventions, including declarations made under articles 39, 40, 50, 53, 54, 55, 57, 58 and 60conventions, are considered as made also in accordance with this Protocol, unless otherwise specified.

  Article XXXII. Reservations and declarations

     1. No reservations may be made with respect to this Protocol, but the declarations permitted by articles XXIV, XXIX, XXX, XXXI, XXXIII and XXXIV may be made in accordance with the provisions of those articles.       2. Any declaration, or subsequent declaration, or any withdrawal of a declaration made in accordance with this Protocol, shall be notified to the depositary in writing.

  Article XXXIII. Subsequent statements

     1. Any State Party may make a subsequent declaration, in addition to the declaration made in accordance with article XXXI in accordance with article 60 of the Convention, at any time after the date of entry into force of this Protocol for it by notification to the depositary.        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. If the notification specifies a longer period for the entry into force of this declaration, it shall enter into force upon the expiration of such longer period after receipt of the notification by the depositary.       3. Notwithstanding the provisions of the preceding paragraphs, this Protocol shall continue to apply, as if no such subsequent declarations had been made, with respect to all rights and guarantees that arose prior to the effective date of any such subsequent declaration.

  Article XXXIV. Withdrawal of applications

     1. Any State Party that has made a declaration under this Protocol, in addition to the declaration made in accordance with article XXXI under article 60 of the Convention, may withdraw it at any time by giving formal notification to the depositary. Such withdrawal 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.       2. Notwithstanding the provisions of the preceding paragraph, this Protocol shall continue to apply, as if no such withdrawal had been made, with respect to all rights and guarantees arising prior to the effective date of any such withdrawal.

  Article XXXV. Denunciation

       1. Any State Party may denounce this Protocol by written notification to the depositary.         2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the depositary.        3. Notwithstanding the provisions of the preceding paragraphs, this Protocol shall continue to apply as if such denunciation had not been made in respect of all rights and guarantees arising prior to the effective date of any such denunciation.

  Article XXXVI. Revision conferences, amendments and related matters

     1. The Depositary, in consultation with the Supervisory Authority, shall prepare annually or when circumstances so require reports to the Participating States on the practical functioning of the international regime established by the The Convention as amended by this Protocol. When preparing such reports, the depositary takes into account the reports of the Supervisory Authority concerning the functioning of the international registration system.       2. At the request of at least twenty-five percent of the Participating States, the depositary, in consultation with the Supervisory Authority, shall from time to time convene auditing conferences of the Participating States to consider issues:       a) practical implementation The Convention as amended by this Protocol and its effectiveness in facilitating asset-backed financing and leasing of aviation facilities covered by its provisions; (b) Judicial interpretation and application of the provisions of this Protocol and the rules;        (c) The functioning of the international registration system, the work of the Registrar and its supervision by the Supervisory Authority, taking into account the reports of the Supervisory Authority; (d) The expediency of any modification to this Protocol or the international registration system.        3. Any amendment to this Protocol shall be approved by a majority of at least two thirds of the States Parties participating in the conference referred to in the preceding paragraph and shall enter into force in respect of States that have ratified, accepted or confirmed such amendment, if ratified, accepted or approved by eight States in accordance with the provisions of article XXVIII concerning its entry into force. the power.

  Article XXXVII. The Depository 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 the depositary.         2. The Depositary: a) informs all Contracting States:       (i) Each new signature or deposit of an instrument of ratification, acceptance, approval or accession, indicating the relevant dates; (ii) the date of entry into force of this Protocol;       (iii) Each declaration made under this Protocol, indicating the appropriate date; (iv) the withdrawal or amendment of any declaration, indicating the appropriate dates; (v) Notification of denunciation of this Protocol, indicating the appropriate date and date of entry into force of the denunciation; (b) Send certified true copies 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, indicating the date of deposit, each declaration, or withdrawal of a declaration, or amendment of a declaration, and each notification of denunciation, indicating the date of notification thereof, so that the information contained therein may be publicly available;) also performs such other functions as are common for depositories.       IN WITNESS WHEREOF, the undersigned plenipotentiaries, duly authorized, have signed this Protocol.

     DONE at Cape Town on the sixteenth day of November of the year two thousand one in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic, becoming so after verification by the joint secretariat of the Conference within the authority of the President of the Conference within ninety days from the date indicated here for translation. they are aligned with each other.

Application

  FORM OF IRREVOCABLE AUTHORITY FOR DEREGISTRATION AND EXPORT

The appendix referred to in article XIII

[Date]

     To: [name of the registration authority]       Content: irrevocable authorization for deregistration and export

     The undersigned person is the registered [operator] [owner]*[aircraft/helicopter airframe manufacturer's name and model number], bearing the manufacturer's serial number [manufacturer's serial number] and registration [number] [mark] [registration number/mark] (complete with all installed, mounted or attached accessories, parts and equipment - "aircraft").       This document is an irrevocable authorization for deregistration and export granted by the undersigned in favor of [name of the creditor] (the "authorized party") by virtue of the provisions of article XIII of the Protocol on Aviation Equipment to the Convention on International Interests in Mobile Equipment. In accordance with the said article, the undersigned hereby requests:       i) recognize that the authorized party or the person appointed by that party is the only person entitled to:       (a) Ensure that the aircraft is de-registered in the [name of the aircraft registry] maintained by the [name of the registry authority] for the purposes of Chapter III Convention on International Civil Aviation, signed in Chicago on December 7, 1944; b) to ensure the physical movement of aircraft from [country name];        (ii) Confirm that the authorized party or a person designated by that party may take the actions referred to in paragraph (i) above upon written request without the consent of the undersigned person and that, upon such request, the authorized authorities of [country name] shall cooperate with the authorized party in order to complete such actions as soon as possible.        The rights of the authorized party established by this document may not be revoked by the undersigned person without the written consent of the authorized party.       I ask you to confirm your agreement with this request and its terms by making an appropriate entry in the space provided for this purpose at the bottom of the document and submitting this document to [name of the registration authority].

     _______________________       * Choose a term that reflects the appropriate criteria for registration of nationality.

     [Name of the operator/owner]       ________________________________

     Agreed and submitted by [Last name of the signatory] [Date] [Position of the signatory]

     _________________________________ [Specify the appropriate addressee]

Application

  Contains Statements of the Republic of Kazakhstan for the purposes of the Aviation Protocol

     (i) Form No. 19. Declarations under Article XXX(1) concerning Article VIII, the Republic of Kazakhstan declares that it will apply Article VIII. (ii) Form No. 21. Declarations under Article XXX(2) concerning Article X, which provides for the application of the provisions of the latter in full, the Republic of Kazakhstan declares that it will apply Article X in full, and that the number of working days used for the purposes of the time limit specified in Article X(2) with respect to (A) the measures defined in Articles 13(1)(a), (b) and (c) of the Convention (on the Conservation of Aviation Facilities and Their Value; on the transfer of ownership, control or storage of aviation facilities; on the prohibition of changing the location of aviation facilities) should be no more than 10 (ten) calendar days, and with respect to (C) the measures defined in Articles 13 (l) (d) and (e) of the Convention (on leasing or, with the exception of the items covered by subparagraphs a)-c), to the management of aviation facilities (with the extraction of income from the specified) - no more than 30 (thirty) calendar days.       (iii) Form No. 23. Declarations under Article XXX(3) regarding Article XI, which provides for the application of Option A in full to all types of insolvency proceedings, the Republic of Kazakhstan declares that it will apply Article XI, Option A in full to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of this Option is 60 (sixty) calendar days.       (iv) Form No. 26. Declarations under Article XXX(1) concerning Article XII       The Republic of Kazakhstan declares that it will apply Article XII. (V) Form No. 27. Declarations under Article XXX(1) concerning Article XIII The Republic of Kazakhstan declares that it will apply Article XIII.

     I hereby certify that this text is a certified copy of the certified copy of the Protocol on Aviation Equipment to the Convention on International Interests in Mobile Equipment, done in Cape Town on November 16, 2001.

     Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan D. Yesentaev

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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