Schedule 2

Convention which are either airframes with aircraft engines installed

thereon or helicopters;

military, customs or police services) powered by jet propulsion or

turbine or piston technology and:

1750 lb of thrust or its equivalent; and

engines, have at least 550 rated take-off shaft horsepower or its

equivalent,

together with all modules and other installed, incorporated or attached

accessories, parts and equipment and all data, manuals and records

relating thereto;

mark registering authority for the purposes of the Chicago Convention;

customs or police services) that, when appropriate aircraft engines are

installed thereon, are type certified by the competent aviation authority

to transport:

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together with all installed, incorporated or attached accessories, parts

and equipment (other than aircraft engines), and all data, manuals and

records relating thereto;

Aviation, signed at Chicago on 7 December 1944, as amended, and its

Annexes;

a register in accordance with Article 77 of the Chicago Convention as

implemented by the Resolution adopted on 14 December 1967 by the

Council of the International Civil Aviation Organization on nationality

and registration of aircraft operated by international operating

agencies;

registration of the aircraft from its aircraft register in accordance with

the Chicago Convention;

guarantor;

performance of any obligations in favour of a creditor secured by a

security agreement or under an agreement, gives or issues a suretyship

or demand guarantee or a standby letter of credit or any other form of

credit insurance;

in military, customs or police services) supported in flight chiefly by

the reactions of the air on one or more power-driven rotors on

substantially vertical axes and which are type certified by the

competent aviation authority to transport:

together with all installed, incorporated or attached accessories, parts

and equipment (including rotors), and all data, manuals and records

relating thereto;

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payments by the debtor where the creditor’s right to institute

insolvency proceedings against the debtor or to exercise

remedies under the Convention is prevented or suspended by

law or State action;

which the centre of the debtor’s main interests is situated, which for

this purpose shall be deemed to be the place of the debtor’s statutory

seat or, if there is none, the place where the debtor is incorporated or

formed, unless proved otherwise;

registering authority, maintaining an aircraft register in a Contracting

State and responsible for the registration and de-registration of an

aircraft in accordance with the Chicago Convention; and

national register of which an aircraft is entered or the State of location

of the common mark registering authority maintaining the aircraft

register.

Article II — Application of Convention as regards aircraft objects

1. The Convention shall apply in relation to aircraft objects as provided by the

terms of this Protocol.

2. The Convention and this Protocol shall be known as the Convention on

International Interests in Mobile Equipment as applied to aircraft objects.

Article III — Application of Convention to sales

The following provisions of the Convention apply as if references to an

agreement creating or providing for an international interest were references to a

contract of sale and as if references to an international interest, a prospective

international interest, the debtor and the creditor were references to a sale, a

prospective sale, the seller and the buyer respectively:

Articles 3 and 4;

Article 16(1)(a);

Article 19(4);

Article 20(1) (as regards registration of a contract of sale or a prospective

sale);

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Article 25(2) (as regards a prospective sale); and

Article 30.

In addition, the general provisions of Article 1, Article 5, Chapters IV to VII,

Article 29 (other than Article 29(3) which is replaced by Article XIV(1) and (2)),

Chapter X, Chapter XII (other than Article 43), Chapter XIII and Chapter XIV

(other than Article 60) shall apply to contracts of sale and prospective sales.

Article IV — Sphere of application

1. Without prejudice to Article 3(1) of the Convention, the Convention shall also

apply in relation to a helicopter, or to an airframe pertaining to an aircraft,

registered in an aircraft register of a Contracting State which is the State of

registry, and where such registration is made pursuant to an agreement for

registration of the aircraft it is deemed to have been effected at the time of the

agreement.

2. For the purposes of the definition of “internal transaction” in Article 1 of the

Convention:

is a part;

which it is installed or, if it is not installed on an aircraft, where it is

physically located; and

at the time of the conclusion of the agreement creating or providing for the

interest.

3. The parties may, by agreement in writing, exclude the application of

Article XI and, in their relations with each other, derogate from or vary the effect

of any of the provisions of this Protocol except Article IX (2)-

Article V — Formalities, effects and registration of contracts of sale

1. For the purposes of this Protocol, a contract of sale is one which:

and

Protocol.

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2. A contract of sale transfers the interest of the seller in the aircraft object to the

buyer according to its terms.

3. Registration of a contract of sale remains effective indefinitely. Registration

of a prospective sale remains effective unless discharged or until expiry of the

period, if any, specified in the registration.

Article VI — Representative capacities

A person may enter into an agreement or a sale, and register an international

interest in, or a sale of, an aircraft object, in an agency, trust or other representative

capacity. In such case, that person is entitled to assert rights and interests under the

Convention.

Article VII — Description of aircraft objects

A description of an aircraft object that contains its manufacturer’s serial number,

the name of the manufacturer and its model designation is necessary and sufficient

to identify the object for the purposes of Article 7(c) of the Convention and

Article V(1)(c) of this Protocol.

Article VIII — Choice of law

1. This Article applies only where a Contracting State has made a declaration

pursuant to Article XXX(1).

2. The parties to an agreement, or a contract of sale, or a related guarantee

contract or subordination agreement may agree on the law which is to govern their

contractual rights and obligations, wholly or in part.

3. Unless otherwise agreed, the reference in the preceding paragraph to the law

chosen by the parties is to the domestic rules of law of the designated State or,

where that State comprises several territorial units, to the domestic law of the

designated territorial unit.

CHAPTER II

DEFAULT REMEDIES, PRIORITIES AND ASSIGNMENTS

Article IX — Modification of default remedies provisions

1. In addition to the remedies specified in Chapter III of the Convention, the

creditor may, to the extent that the debtor has at any time so agreed and in the

circumstances specified in that Chapter:

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territory in which it is situated.

2. The creditor shall not exercise the remedies specified in the preceding

paragraph without the prior consent in writing of the holder of any registered

interest ranking in priority to that of the creditor.

3. Article 8(3) of the Convention shall not apply to aircraft objects. Any remedy

given by the Convention in relation to an aircraft object shall be exercised in a

commercially reasonable manner. A remedy shall be deemed to be exercised in a

commercially reasonable manner where it is exercised in conformity with a

provision of the agreement except where such a provision is manifestly

unreasonable.

4. A chargee giving ten or more working days’ prior written notice of a proposed

sale or lease to interested persons shall be deemed to satisfy the requirement of

providing “reasonable prior notice” specified in Article 8(4) of the Convention.

The foregoing shall not prevent a chargee and a chargor or a guarantor from

agreeing to a longer period of prior notice.

5. The registry authority in a Contracting State shall, subject to any applicable

safety laws and regulations, honour a request for de-registration and export if:

recorded irrevocable deregistration and export request authorisation;

and

that authority, that all registered interests ranking in priority to that of

the creditor in whose favour the authorisation has been issued have

been discharged or that the holders of such interests have consented to

the de-registration and export.

6. A chargee proposing to procure the de-registration and export of an aircraft

under paragraph 1 otherwise than pursuant to a court order shall give reasonable

prior notice in writing of the proposed deregistration and export to:

Convention; and

have given notice of their rights to the chargee within a reasonable time

prior to the de-registration and export.

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Article X — Modification of provisions regarding relief pending final

determination

1. This Article applies only where a Contracting State has made a declaration

under Article XXX(2) and to the extent stated in such declaration.

2. For the purposes of Article 13(1) of the Convention, “speedy” in the context

of obtaining relief means within such number of working days from the date of

filing of the application for relief as is specified in a declaration made by the

Contracting State in which the application is made.

3. Article 13(1) of the Convention applies with the following being added

immediately after sub-paragraph (d):

“(e) if at any time the debtor and the creditor specifically agree, sale and

application of proceeds therefrom”,

and Article 43(2) applies with the insertion after the words “Article 13(1)(d)” of

the words “and (e)”.

4. Ownership or any other interest of the debtor passing on a sale under the

preceding paragraph is free from any other interest over which the creditor’s

international interest has priority under the provisions of Article 29 of the

Convention.

5. The creditor and the debtor or any other interested person may agree in

writing to exclude the application of Article 13(2) of the Convention.

6. With regard to the remedies in Article IX(1):

administrative authorities, as applicable, in a Contracting State no later

than five working days after the creditor notifies such authorities that

the relief specified in Article IX(1) is granted or, in the case of relief

granted by a foreign court, recognised by a court of that Contracting

State, and that the creditor is entitled to procure those remedies in

accordance with the Convention; and

the creditor in the exercise of such remedies in conformity with the

applicable aviation safety laws and regulations.

7. Paragraphs 2 and 6 shall not affect any applicable aviation safety laws and

regulations.

Article XI — Remedies on insolvency

1. This Article applies only where a Contracting State that is the primary

insolvency jurisdiction has made a declaration pursuant to Article XXX(3).

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Alternative A

2. Upon the occurrence of an insolvency-related event, the insolvency

administrator or the debtor, as applicable, shall, subject to paragraph 7, give

possession of the aircraft object to the creditor no later than the earlier of:

aircraft object if this Article did not apply.

3. For the purposes of this Article, the “waiting period” shall be the period

specified in a declaration of the Contracting State which is the primary insolvency

jurisdiction.

4. References in this Article to the “insolvency administrator” shall be to that

person in its official, not in its personal, capacity.

5. Unless and until the creditor is given the opportunity to take possession under

paragraph 2:

the aircraft object and maintain it and its value in accordance with the

agreement; and

relief available under the applicable law.

6. Sub-paragraph (a) of the preceding paragraph shall not preclude the use of the

aircraft object under arrangements designed to preserve the aircraft object and

maintain it and its value.

7. The insolvency administrator or the debtor, as applicable, may retain

possession of the aircraft object where, by the time specified in paragraph 2, it

has cured all defaults other than a default constituted by the opening of insolvency

proceedings and has agreed to perform all future obligations under the agreement.

A second waiting period shall not apply in respect of a default in the performance

of such future obligations.

8. With regard to the remedies in Article IX(1):

administrative authorities in a Contracting State, as applicable, no

later than five working days after the date on which the creditor

notifies such authorities that it is entitled to procure those remedies in

accordance with the Convention; and

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the creditor in the exercise of such remedies in conformity with the

applicable aviation safety laws and regulations.

9. No exercise of remedies permitted by the Convention or this Protocol may be

prevented or delayed after the date specified in paragraph 2.

10. No obligations of the debtor under the agreement may be modified without

the consent of the creditor.

11. Nothing in the preceding paragraph shall be construed to affect the authority,

if any, of the insolvency administrator under the applicable law to terminate the

agreement.

12. No rights or interests, except for non-consensual rights or interests of a

category covered by a declaration pursuant to Article 39(1), shall have priority in

insolvency proceedings over registered interests.

13. The Convention as modified by Article IX of this Protocol shall apply to the

exercise of any remedies under this Article.

Alternative B

2. Upon the occurrence of an insolvency-related event, the insolvency

administrator or the debtor, as applicable, upon the request of the creditor, shall

give notice to the creditor within the time specified in a declaration of a

Contracting State pursuant to Article XXX(3) whether it will:

insolvency proceedings and agree to perform all future obligations,

under the agreement and related transaction documents; or

object, in accordance with the applicable law.

3. The applicable law referred to in sub-paragraph (b) of the preceding

paragraph may permit the court to require the taking of any additional step or

the provision of any additional guarantee.

4. The creditor shall provide evidence of its claims and proof that its

international interest has been registered.

5. If the insolvency administrator or the debtor, as applicable, does not give

notice in conformity with paragraph 2, or when the insolvency administrator or the

debtor has declared that it will give the creditor the opportunity to take possession

of the aircraft object but fails to do so, the court may permit the creditor to take

possession of the aircraft object upon such terms as the court may order and may

require the taking of any additional step or the provision of any additional

guarantee.

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6. The aircraft object shall not be sold pending a decision by a court regarding

the claim and the international interest.

Article XII — Insolvency assistance

1. This Article applies only where a Contracting State has made a declaration

pursuant to Article XXX(1).

2. The courts of a Contracting State in which an aircraft object is situated shall,

in accordance with the law of the Contracting State, co-operate to the maximum

extent possible with foreign courts and foreign insolvency administrators in

carrying out the provisions of Article XI.

Article XIII — De-registration and export request authorisation

1. This Article applies only where a Contracting State has made a declaration

pursuant to Article XXX(1).

2. Where the debtor has issued an irrevocable de-registration and export request

authorisation substantially in the form annexed to this Protocol and has submitted

such authorisation for recordation to the registry authority, that authorisation shall

be so recorded.

3. The person in whose favour the authorisation has been issued (the “authorised

party”) or its certified designee shall be the sole person entitled to exercise the

remedies specified in Article IX(1) and may do so only in accordance with the

authorisation and applicable aviation safety laws and regulations. Such

authorisation may not be revoked by the debtor without the consent in writing

of the authorised party. The registry authority shall remove an authorisation from

the registry at the request of the authorised party.

4. The registry authority and other administrative authorities in Contracting

States shall expeditiously co-operate with and assist the authorised party in the

exercise of the remedies specified in Article IX.

Article XIV — Modification of priority provisions

1. A buyer of an aircraft object under a registered sale acquires its interest in that

object free from an interest subsequently registered and from an unregistered

interest, even if the buyer has actual knowledge of the unregistered interest.

2. A buyer of an aircraft object acquires its interest in that object subject to an

interest registered at the time of its acquisition.

3. Ownership of or another right or interest in an aircraft engine shall not be

affected by its installation on or removal from an aircraft.

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4. Article 29(7) of the Convention applies to an item, other than an object,

installed on an airframe, aircraft engine or helicopter.

Article XV — Modification of assignment provisions

Article 33(1) of the Convention applies as if the following were added

immediately after sub-paragraph (b):

“and (c) the debtor has consented in writing, whether or not the consent

is given in advance of the assignment or identifies the assignee.”

Article XVI — Debtor provisions

1. In the absence of a default within the meaning of Article 11 of the Convention,

the debtor shall be entitled to the quiet possession and use of the object in

accordance with the agreement as against:

free pursuant to Article 29(4) of the Convention or, in the capacity of

buyer, Article XIV(1) of this Protocol, unless and to the extent that the

debtor has otherwise agreed; and

subject pursuant to Article 29(4) of the Convention or, in the capacity

of buyer, Article XIV(2) of this Protocol, but only to the extent, if any,

that such holder has agreed.

2. Nothing in the Convention or this Protocol affects the liability of a creditor for

any breach of the agreement under the applicable law in so far as that agreement

relates to an aircraft object.

CHAPTER III

REGISTRY PROVISIONS RELATING TO INTERNATIONAL INTERESTS IN

AIRCRAFT OBJECTS

Article XVII — The Supervisory Authority and the Registrar

1. The Supervisory Authority shall be the international entity designated by a

Resolution adopted by the Diplomatic Conference to Adopt a Mobile Equipment

Convention and an Aircraft Protocol.

2. Where the international entity referred to in the preceding paragraph is not

able and willing to act as Supervisory Authority, a Conference of Signatory and

Contracting States shall be convened to designate another Supervisory Authority.

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3. The Supervisory Authority and its officers and employees shall enjoy such

immunity from legal and administrative process as is provided under the rules

applicable to them as an international entity or otherwise.

4. The Supervisory Authority may establish a commission of experts, from

among persons nominated by Signatory and Contracting States and having the

necessary qualifications and experience, and entrust it with the task of assisting the

Supervisory Authority in the discharge of its functions.

5. The first Registrar shall operate the International Registry for a period of five

years from the date of entry into force of this Protocol. Thereafter, the Registrar

shall be appointed or reappointed at regular five-yearly intervals by the

Supervisory Authority.

Article XVIII — First regulations

The first regulations shall be made by the Supervisory Authority so as to take

effect upon the entry into force of this Protocol.

Article XIX — Designated entry points

1. Subject to paragraph 2, a Contracting State may at any time designate an

entity or entities in its territory as the entry point or entry points through which

there shall or may be transmitted to the International Registry information

required for registration other than registration of a notice of a national interest or

a right or interest under Article 40 in either case arising under the laws of another

State.

2. A designation made under the preceding paragraph may permit, but not

compel, use of a designated entry point or entry points for information required for

registrations in respect of aircraft engines.

Article XX — Additional modifications to Registry provisions

1. For the purposes of Article 19(6) of the Convention, the search criteria for an

aircraft object shall be the name of its manufacturer, its manufacturer’s serial

number and its model designation, supplemented as necessary to ensure

uniqueness. Such supplementary information shall be specified in the regulations.

2. For the purposes of Article 25(2) of the Convention and in the circumstances

there described, the holder of a registered prospective international interest or a

registered prospective assignment of an international interest or the person in

whose favour a prospective sale has been registered shall take such steps as are

within its power to procure the discharge of the registration no later than five

working days after the receipt of the demand described in such paragraph.

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3. The fees referred to in Article 17(2)(h) of the Convention shall be determined

so as to recover the reasonable costs of establishing, operating and regulating the

International Registry and the reasonable costs of the Supervisory Authority

associated with the performance of the functions, exercise of the powers, and

discharge of the duties contemplated by Article 17(2) of the Convention.

4. The centralised functions of the International Registry shall be operated and

administered by the Registrar on a twenty-four hour basis. The various entry

points shall be operated at least during working hours in their respective

territories.

5. The amount of the insurance or financial guarantee referred to in Article 28(4)

of the Convention shall, in respect of each event, not be less than the maximum

value of an aircraft object as determined by the Supervisory Authority.

6. Nothing in the Convention shall preclude the Registrar from procuring

insurance or a financial guarantee covering events for which the Registrar is not

liable under Article 28 of the Convention.

CHAPTER IV

JURISDICTION

Article XXI — Modification of jurisdiction provisions

For the purposes of Article 43 of the Convention and subject to Article 42 of the

Convention, a court of a Contracting State also has jurisdiction where the object is

a helicopter, or an airframe pertaining to an aircraft, for which that State is the

State of registry.

Article XXII — Waivers of sovereign immunity

1. Subject to paragraph 2, a waiver of sovereign immunity from jurisdiction of

the courts specified in Article 42 or Article 43 of the Convention or relating to

enforcement of rights and interests relating to an aircraft object under the

Convention shall be binding and, if the other conditions to such jurisdiction or

enforcement have been satisfied, shall be effective to confer jurisdiction and

permit enforcement, as the case may be.

2. A waiver under the preceding paragraph must be in writing and contain a

description of the aircraft object.

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CHAPTER V

RELATIONSHIP WITH OTHER CONVENTIONS

Article XXIII — Relationship with the Convention on the International

Recognition of Rights in Aircraft

The Convention shall, for a Contracting State that is a party to the Convention on

the International Recognition of Rights in Aircraft, signed at Geneva on 19 June

1948, supersede that Convention as it relates to aircraft, as defined in this Protocol,

and to aircraft objects. However, with respect to rights or interests not covered or

affected by the present Convention, the Geneva Convention shall not be

superseded.

Article XXIV — Relationship with the Convention for the Unification of Certain

Rules Relating to the Precautionary Attachment of Aircraft

1. The Convention shall, for a Contracting State that is a Party to the Convention

for the Unification of Certain Rules Relating to the Precautionary Attachment of

Aircraft, signed at Rome on 29 May 1933, supersede that Convention as it relates

to aircraft, as defined in this Protocol.

2. A Contracting State Party to the above Convention may declare, at the time of

ratification, acceptance, approval of, or accession to this Protocol, that it will not

apply this Article.

Article XXV — Relationship with the UNIDROIT Convention on International

Financial Leasing

The Convention shall supersede the UNIDROIT Convention on International

Financial Leasing, signed at Ottawa on 28 May 1988, as it relates to aircraft

objects.

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 States participating in the Diplomatic Conference to Adopt a Mobile

Equipment Convention and an Aircraft Protocol held at Cape Town from

29 October to 16 November 2001. After 16 November 2001, this Protocol shall be

open to all States for signature at the Headquarters of the International Institute for

the Unification of Private Law (UNIDROIT) in Rome until it enters into force in

accordance with Article XXVIII.

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2. This Protocol shall be subject to ratification, acceptance or approval by States

which have signed it.

3. Any State which does not sign this Protocol may accede to it at any time.

4. Ratification, acceptance, approval or accession is effected by the deposit of a

formal instrument to that effect with the Depositary.

5. A State may not become a Party to this Protocol unless it is or becomes also a

Party to the Convention.

Article XXVII — Regional Economic Integration Organisations

1. A Regional Economic Integration Organisation which is constituted by

sovereign States and has competence over certain matters governed by this

Protocol may similarly sign, accept, approve or accede to this Protocol. The

Regional Economic Integration Organisation shall in that case have the rights and

obligations of a Contracting State, to the extent that that Organisation has

competence over matters governed by this Protocol. Where the number of

Contracting States is relevant in this Protocol, the Regional Economic Integration

Organisation shall not count as a Contracting State in addition to its Member

States which are Contracting States.

2. The Regional Economic Integration Organisation shall, at the time of

signature, acceptance, approval or accession, make a declaration to the Depositary

specifying the matters governed by this Protocol in respect of which competence

has been transferred to that Organisation by its Member States. The Regional

Economic Integration Organisation shall promptly notify the Depositary of any

changes to the distribution of competence, including new transfers of competence,

specified in the declaration under this paragraph.

3. Any reference to a “Contracting State” or “Contracting States” or “State

Party” or “States Parties” in this Protocol applies equally to a Regional Economic

Integration Organisation where the context so requires.

Article XXVIII — Entry into force

1. This Protocol enters into force on the first day of the month following the

expiration of three months after the date of the deposit of the eighth instrument of

ratification, acceptance, approval or accession, between the States which have

deposited such instruments.

2. For other States this Protocol enters into force on the first day of the month

following the expiration of three months after the date of the deposit of its

instrument of ratification, acceptance, approval or accession.

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Article XXIX — Territorial units

1. If a Contracting State has territorial units in which different systems of law are

applicable in relation to the matters dealt with in this Protocol, it may, at the time

of ratification, acceptance, approval or accession, declare that this Protocol is to

extend to all its territorial units or only to one or more of them and may modify its

declaration by submitting another declaration at any time.

2. Any such declaration shall state expressly the territorial units to which this

Protocol applies.

3. If a Contracting State has not made any declaration under paragraph 1, this

Protocol shall apply to all territorial units of that State.

4. Where a Contracting State extends this Protocol to one or more of its

territorial units, declarations permitted under this Protocol may be made in respect

of each such territorial unit, and the declarations made in respect of one territorial

unit may be different from those made in respect of another territorial unit.

5. If by virtue of a declaration under paragraph 1, this Protocol extends to one or

more territorial units of a Contracting State:

incorporated or formed under a law in force in a territorial unit to

which the Convention and this Protocol apply or if it has its registered

office or statutory seat, centre of administration, place of business or

habitual residence in a territorial unit to which the Convention and this

Protocol apply;

to the location of the object in a territorial unit to which the Convention

and this Protocol apply; and

shall be construed as referring to the administrative authorities having

jurisdiction in a territorial unit to which the Convention and this

Protocol apply and any reference to the national register or to the

registry authority in that Contracting State shall be construed as

referring to the aircraft register in force or to the registry authority

having jurisdiction in the territorial unit or units to which the

Convention and this Protocol apply.

Article XXX — Declarations relating to certain provisions

1. A Contracting State may, at the time of ratification, acceptance, approval of,

or accession to this Protocol, declare that it will apply any one or more of

Articles VIII, XII and XIII of this Protocol.

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2. A Contracting State may, at the time of ratification, acceptance, approval of,

or accession to this Protocol, declare that it will apply Article X of this Protocol,

wholly or in part. If it so declares with respect to Article X(2), it shall specify the

time-period required thereby.

3. A Contracting State may, at the time of ratification, acceptance, approval of,

or accession to this Protocol, declare that it will apply the entirety of

Alternative A, or the entirety of Alternative B of Article XI and, if so, shall

specify the types of insolvency proceeding, if any, to which it will apply

Alternative A and the types of insolvency proceeding, if any, to which it will apply

Alternative B. A Contracting State making a declaration pursuant to this

paragraph shall specify the time-period required by Article XI.

4. The courts of Contracting States shall apply Article XI in conformity with the

declaration made by the Contracting State which is the primary insolvency

jurisdiction.

5. A Contracting State may, at the time of ratification, acceptance, approval of,

or accession to this Protocol, declare that it will not apply the provisions of

Article XXI, wholly or in part. The declaration shall specify under which

conditions the relevant Article will be applied, in case it will be applied partly, or

otherwise which other forms of interim relief will be applied.

Article XXXI — Declarations under the Convention

Declarations made under the Convention, including those made under

Articles 39, 40, 50, 53, 54, 55, 57, 58 and 60 of the Convention, shall be

deemed to have also been made under this Protocol unless stated otherwise.

Article XXXII — Reservations and declarations

1. No reservations may be made to this Protocol but declarations authorised by

Articles XXIV, XXIX, XXX, XXXI, XXXIII and XXXIV may be made in

accordance with these provisions.

2. Any declaration or subsequent declaration or any withdrawal of a declaration

made under this Protocol shall be notified in writing to the Depositary.

Article XXXIII — Subsequent declarations

1. A State Party may make a subsequent declaration, other than a declaration

made in accordance with Article XXXI under Article 60 of the Convention, at any

time after the date on which this Protocol has entered into force for it, by notifying

the Depositary to that effect.

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2. Any such subsequent declaration shall take effect on the first day of the month

following the expiration of six months after the date of receipt of the notification

by the Depositary. Where a longer period for that declaration to take effect is

specified in the notification, it shall take effect upon the expiration of such longer

period after receipt of the notification by the Depositary.

3. Notwithstanding the previous paragraphs, this Protocol shall continue to

apply, as if no such subsequent declarations had been made, in respect of all rights

and interests arising prior to the effective date of any such subsequent declaration.

Article XXXIV — Withdrawal of declarations

1. Any State Party having made a declaration under this Protocol, other than a

declaration made in accordance with Article XXXI under Article 60 of the

Convention, may withdraw it at any time by notifying the Depositary. Such

withdrawal is to take effect on the first day of the month following the expiration

of six months after the date of receipt of the notification by the Depositary.

2. Notwithstanding the previous paragraph, this Protocol shall continue to apply,

as if no such withdrawal of declaration had been made, in respect of all rights and

interests arising prior to the effective date of any such withdrawal.

Article XXXV — Denunciations

1. Any State Party may denounce this Protocol by notification in writing to the

Depositary.

2. Any such denunciation shall take effect on the first day of the month

following the expiration of twelve months after the date of receipt of the

notification by the Depositary.

3. Notwithstanding the previous paragraphs, this Protocol shall continue to

apply, as if no such denunciation had been made, in respect of all rights and

interests arising prior to the effective date of any such denunciation.

Article XXXVI — Review Conferences, amendments and related matters

1. The Depositary, in consultation with the Supervisory Authority, shall prepare

reports yearly, or at such other time as the circumstances may require, for the

States Parties as to the manner in which the international regime established in the

Convention as amended by this Protocol has operated in practice. In preparing

such reports, the Depositary shall take into account the reports of the Supervisory

Authority concerning the functioning of the international registration system.

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2. At the request of not less than twenty-five per cent of the States Parties,

Review Conferences of the States Parties shall be convened from time to time by

the Depositary, in consultation with the Supervisory Authority, to consider:

and its effectiveness in facilitating the asset-based financing and

leasing of the objects covered by its terms;

terms of this Protocol and the regulations;

functioning

of

the

international

registration

system,

the

performance of the Registrar and its oversight by the Supervisory

Authority, taking into account the reports of the Supervisory

Authority; and

relating to the International Registry are desirable.

3. Any amendment to this Protocol shall be approved by at least a two-thirds

majority of States Parties participating in the Conference referred to in the

preceding paragraph and shall then enter into force in respect of States which have

ratified, accepted or approved such amendment when it has been ratified, accepted

or approved by eight States in accordance with the provisions of Article XXVIII

relating to its entry into force.

Article XXXVII — Depositary and its functions

1. Instruments of ratification, acceptance, approval or accession shall be

deposited with the International Institute for the Unification of Private Law

(UNIDROIT), which is hereby designated the Depositary.

2. The Depositary shall:

acceptance, approval or accession, together with the date

thereof;

together with the date thereof;

the date thereof; and

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with the date thereof and the date on which it takes effect;

each instrument of ratification, acceptance, approval or accession,

together with the date of deposit thereof, of each declaration or

withdrawal or amendment of a declaration and of each notification of

denunciation, together with the date of notification thereof, so that the

information contained therein is easily and fully available; and

IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly

authorised, have signed this Protocol.

DONE at Cape Town, this sixteenth day of November, two thousand and one, in

a single original in the English, Arabic, Chinese, French, Russian and Spanish

languages, all texts being equally authentic, such authenticity to take effect upon

verification by the Joint Secretariat of the Conference under the authority of the

President of the Conference within ninety days hereof as to the conformity of the

texts with one another.

Annex

FORM OF IRREVOCABLE DE-REGISTRATION

AND EXPORT REQUEST AUTHORISATION

Annex referred to in Article XIII

[Insert Date]

To: [Insert Name of Registry Authority]

Re: Irrevocable De-Registration and Export Request Authorisation

The undersigned is the registered [operator] [owner]* of the [insert the

airframe/helicopter

manufacturer

name

and

model

number]

bearing

manufacturers

serial

number

[insert

manufacturer’s

serial

number]

and

registration [number] [mark] [insert registration number/mark] (together with

all installed, incorporated or attached accessories, parts and equipment, the

“aircraft”).

This instrument is an irrevocable de-registration and export request authorisation

issued by the undersigned in favour of [insert name of creditor] (“the authorised

*Select the term that reflects the relevant nationality registration criterion.

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party”) under the authority of Article XIII of the Protocol to the Convention on

International Interests in Mobile Equipment on Matters specific to Aircraft

Equipment. In accordance with that Article, the undersigned hereby requests:

designee is the sole person entitled to:

of aircraft register] maintained by the [insert name of registry

authority] for the purposes of Chapter III of the Convention on

International Civil Aviation, signed at Chicago, on 7 December

1944, and

[insert name of country]; and

designee may take the action specified in clause (i) above on written

demand without the consent of the undersigned and that, upon such

demand, the authorities in [insert name of country] shall co-operate

with the authorised party with a view to the speedy completion of such

action.

The rights in favour of the authorised party established by this instrument may

not be revoked by the undersigned without the written consent of the authorised

party.

Please acknowledge your agreement to this request and its terms by appropriate

notation in the space provided below and lodging this instrument in [insert name

of registry authority].

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.

.

[insert name of operator/owner]

_________________________

Agreed to and lodged this

By: [insert name of signatory]

[insert date]

Its: [insert title of signatory]

___________________________

[insert relevant notational details]

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